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Home , Aplomado falcon

6666 Federal Register / Vol. 51, No. 37 / Tuesday, February 25, 1986 / RuJes and Regulations

DEPARTMENT OF THE INiERlOR (FaIco sparverius) and implicate habitat degradation due to peregrine ! (Fake peregrinus). brush encroachment as the main factor Fish and Wildllfe Service , The northern aplomado falcon does not responsible for the disappearance of the seem to be migratory, since most subspecies from the . 50 CFR Part 17 collected adults were taken in winter Secondarily, overcollecting of the Endangered and Threatened Wildlife months in the United States (Hector and their eggs may have and Plants; Determination of the 1981). Hector (1960,1981,1982,1983) temporarily reduced their numbers in Nodhem Aplomado Falcon lo Be an summarized the literature dealing with some parts of the United States. Endangered Species the northern aplomado falcon and However, collecting pressure, by itself, reported on the historic and recent could not account for the continued AGENCY: Fish and Wildlife Service, distributions of the species, and on its absence of the aplomado falcon north of Interior. habitat, diet, and behavior. Kiff et al, Mexico. Currently, the most serious ACTION: Final rule. (1978) documented eggshell thinning and threat to this falcon is the continued uee pesticide contamination in the of DDT and other persistent pesticides SUMMARY: The Service determines the subspecies. within the ranges of the falcon and some northern aplomado falcon, Fake Egg laying has been recorded betwien of its prey species. femoralis septentrionuh, to be an the months of January and September FaIco femomiis septentrionalis ws endangered species under provisions of eggs are usually laid in April or May, first considered by the Service in 1973 as the Endangered Species Act of 1973, as Aplomado falcons feed on , , a possible candidate for endangered amended. This subspecies historically l rodents, small snakes, and lizards status (United States Department of the occurred in southeastern Arizona, (Hector 1981). In eastern Mexico, the Interior 1973): however, more southern , southern , majority of prey items are insects; information was needed to support such much of Mexico, and the western coast however, birds make up over 90 percent a determination. Additional information of Guatemala. It has been extirpated as of the dietary biomass (Hector 1981). is now available to the Service to a breeding species from the United Typical northern aplomado falcon support a determination of endangered States, and at present is known to nest habitat is open rangeland and tropical (Kiff etal. 1978, Hector l980,198l, 1982, only in portions of eastern Mexico. This containing scat?ered mesquites 1983). The northern aplomado falcon is falcon is threatened by continued [Prosopis juliflora), yuccas (Y&a eiata presently listed by the State of Arizona habitat loss and by contamination with and Yucca h-eculeana), oaks (Quercus as extirpated from that State [Arizona organochlorine pesticides. No critical ofeoides), acacias (Acacia farnesiana), habitat has been proposed. This rule Game and Fish Commission 1982) and or palms (Sabal mexicana). In central by the State of Texas as a protected will implement the protection provided Mexico, the falcon has also been found by the Endangered Species Act of I9739 nongame species vexas Park and in open pine woodland [Pinus Wildlife Code 127.79.12.OOl-,008).Al983 as amended? for Falco femoralis montezumae). The most recent reported septentrionalis. United States nesting occurred in yucca/ status report for this subspecies was mesquite near Deming, New prepared by Dean P. Hector of the DATE: The effective date of this rule is University of California at Los Angeles, March 27,I%6. Mexico, in 1952. ln the same year, a under contract with the Service. Upon ADDRESSES: The complete file for this second nest was found in northern Chihuahua, Mexico; this is the most evaluation of that report, the Service has rule is available for public inspection concluded that the status of this species during normal business hours, by recent documented nesting attempt for northern Mexico. The essential most closely fits endangered as defmed appointment, at the Service’s Regional in Section 3 of the Endangered Species Office of Endangered Species, 500 Gold components of northern aplomado falcon habitat are open terrain with Act of 1973, as amended (16 U.S.C. 1531 Avenue, S.W., Room &lo& Albuquerque, et seq.). New Mexico. scattered trees, relatively low ground cover, an abundance of small to FaIco femomlis septentrionalis was Foa FURLER INFORMATION CONTACTS included in category 2 of the December Mr. Steve Hoffman, U.S. Fish and medium-sized birds, and a supply of nesting platforms [stick nests or large 30,1982, Notice of Review Wildlife Service, P.O. Box l306, bromeliads) (Hector 1983). (47 FR 58454). Category 2 includes those Albuquerque, New Mexico 87lOq (505/ The historic breeding range of the taxa that are thought to possibly 766-3972 or FlX 474-3972). northern aplomado falcon, as warTant listing, but for which more SUPPLEMENTARY INFORMATION: represented by museum specimens or information is needed to determine biological status and to support listing, Background eggs, included southeastern Arizona, southern New Mexico* and southern That information is now available for The northern aplomado falcon is Texas in the United States, the States of this subspecies in the current status perhaps one of our mo$t colorful birds of Tamaulipas, Chiapas, Campeche, report (Hector 1963) and the Service prey. [“Aplomado” in Spanish means Tabasco, Chihuahua, Coahuila, Sinaloa, published a proposed rule to list this gray or lead-colored.) Adults are Jalisco, Guerrero, Veracruz, Yucatan, subspecies as endangered on May 20. characterized by rufous underparts, a and San Luis Potosi in Mexico, and the 1985[5OFR20810) gray dorsum, a long and banded tail, western coast of Guatemala. It is now Summary of Commemb and long legs, and a distinctive black and extirpated as a breeding species from Recommendations white facial pattern. Fafco femoralis the United States and is presently septentrionah (family ) was known to nest regularly only in portions In the proposed rule and associated first described by Todd in 191& the type of northern and central L’eracruz, notifications, all interested parties were specimen had been taken in 1887 near northern Chiapas, western Campeche, requested to submit factual reports on Ft. Huachuca, Arizona. This subspecies and eastern Tabasco, mostly in palm information that might contribute to the is the largest form of Falco femoralis and oak savanna (Hector 1981.) development of a final rule. Appropriate and weighs about 9-14 ounces [ZC+IOO Considered together, the habitat State agencies, county governments, grams) (Hector 1961). Aplamados are preferences of the subspecies and the Federal agencies, scientific intermediate in size between American timing of its decline in the United States organizations, and other interested Federal Register / Vol. 51, No. 87 / Tuesday, February Z, 1986 / Rules and Regulations 6667 parties, including the government of society also stated that it appears Levels of DDE and DDT in aplomado Mexico, were contacted and requested unlikely that ‘pesticide contamination eggs (Kiff et al. 1978) and data on to comment. Newspaper notices that played a major role in the northern eggshell thinning in the aplomado invited general public comment were aplomado falcon’s extirpation in the (Hector 19811, when compared with the published in the Sun-News in Las U.S., because the heavy use of occurrence of eggshell thinning in Cruces, New Mexico, on June 7,19@& pesticides such as DDT began shortly populations that The Brownsville Hemld in Brownsville, after World War II and did not receive declined due to pesticide contamination Texas, on June 14,1965; the Arizona widespread application in the (Peakall and Kiff lQ7Q], offer sufficient L)oiiy Star in Tucson, Arizona, on June Southwest until after 1952. The proposed evidence to indicate that aplomado 13,198~; and the Hudspeth County rule stated that the reasons for decline populations are threatened by Hemld-DeIl VaIiey Review in Del Rio, were mainly habitat degradation due to reproductive failure due to pesticide Texas, on June 21,198ti. brush encroachment and secondarily contamination. Actual reproductive Sixteen letters were received in overcollecting of the falcons and their failure in the past or now taking place support of the proposal and one letter eggs. The rule stated that currently, the has not been documented, but the threat expressed neither support nor most serious threat to&e falcon is the clearly remains so long as such opposition. Summaries of the comments continued use of DDT and other contaminants remain in the ecosystem. follow: persistent pesticides. The Arizona State Clearinghouse had Dean P. Hector supported listing of Summary of Factors Affecting the no comments on the proposal. The New the northern aplomado falcon but Species Mexico Wildlife Federation, the Raptor believed that it should be listed a5 Research Foundation, the Texas Natural threatened rather than endangered. His After a thorough review and Heritage Program, Fort Huachuca (U.S. comment5 and the Service’s responses coRsideration of all information Army), and Roland Wauer (Assistant follow. available, the Service has determined Superintendent, Great Smoky Mountains I. Agricultural development probably that the northern aplomado falcon, National Park) supported the proposal. improve5 availability of prey such as Fake femomlis septentrionalis, 5hould The Arizona Game and Fish doves, cowbirds, blackbirds, grackles, be classified as an endangered species. Department, W. Grainger Hunt (Senior etc., that are common in farming areas. Procedures found at Section 4(a)(l) of Ecologist, BioSystems Analysis, Inc.), Agricultural development, however, was the Act and regulation5 promulgated to and the Rob and Bessie Welder Wildlife certainly detrimental in that it led to implement the li5ting provision5 of the Foundation supported the proposal and increased contamination of prey species Act (codified at 50 CFR Part 424) were offered comments and/or suggestions by pesticide residues. Service response: followed. A specie5 may be determined for recovery efforts. Gale Monson Some birds do increase, but most to be an endangered or threatened supported the proposal and stated that species decrease. A large portion of the species due to one or more of the five there are no records of this falcon for prey of this falcon is composed of factors described in Section 4(a)(l). the Mexican State of Sonora. insects, most of which are eliminated in These factors and their application to The Texas Department of Water farming operations (e.g., cotton). The the northern aplomado falcon are as Resource5 stated that review of planned Service could find no reports for this follows: and/or potential water resource projects species being regularly found in or A. The present or threatened located in the species’s habitat indicated around agricultural fields, only in open destruction, modification, or curtailment no significant conflict5 with the rangelands. It has not adapted to such of its habitat or mnge. The northern Se&e’s proposal to list this species. alterations in the habitat, while the two aplomado falcon has suffered severe The Texas Parks and Wildlife other falcons in the same area population declines in the United States Department stated that this species has (American , Fafco sparvarius, (Hector 1981). These declines appear to been listed as the equivalent of and prairie falcon, Falco mexicanus) have resulted primarily from brush threatened by the State of Texas since regularly are found in and around 1977 and is recommended for elevation encroachment on open rangelands, agricultural areas within the former which eliminated the open to State endangered status. It also stated range of the aplomado falcon. that there have been recent reports of 2. There is little or no evidence with scattered trees preferred by this isolated aplomado falcons occasionally regarding the occurrence of the species and provided better being seen along the barrier islands aplomado falcon on the Central Plateau concealment for prey species. Brush adjacent to the Laguna Madre in south of Mexico. In addition, nothing is known encroachment involve5 the proliferation Texas. about the effect of brush encroachment in open savanna or grassland of woody The National Wildlife Federation on the habitat of the aplomado falcon on vegetation. such as mesquite and supported the proposal and attached a the Central Plateau of Mexico. Service creosote bush, and has been fostered by copy of biological information that it response: More research is needed. severe overgrazing. 5uppre5sion of range had earlier supplied during preparation There have been no reports of active fires, and other vegetative digturbances of the proposal. That information had nests in this area for several decades. (Humphrey 1958). Such encroachment been incorporated as part of the 3. “No data presently exist that show has been well documented for proposal. conclusively that ‘. . . remaining southeastern Arizona [Hastings and The National Audubon Society populations are threatened by Turner 1965), for south-central New supported the listing and offered reproductive failure due to pesticide Mexico (Buffington and Herbel lQ07), suggestions for recovery efforts. In contamination.’ At present, we know and for the southern Texa5 coastal addition, it commented that reasons for only that the species is showing signs of plain5 (Johnston lQ73). Brush the species decline could be identified heavy contamination in eastern Mexico. encroachment is probably still a factor as follows: [l) the loss of open grassland It seems likely, however, that pesticide limiting the distribution of the northern habitat due to overgrazing and other contamination is having a detrimental aplomado falcon. In addition agriculture excessive range practices: and (2) effect on reproductive output, in view of development may have also contributed reduced breeding success due to the effect of DDT on other upper- to the decline of the falcon by organochlorine contamination. This trophic-level raptors.” Service response: eliminating nesting sites. 6666 Federal Register / Vol. 51, No. 37 / Tuesday, February 25, 1988 / Rules and Regulations -- B. Overutilizution for commercial, protection by regulating taking and The Service has carefully assessed the recreut/onaI, scieniific, or educational exploitation of the.aplomado: however, best scientific and commercial purposes. The collection of northern they do not provide any protection to information available, as well as the aplomado falcons for scientific purposes the habitat of the subspecies. The past, present, and future threats faced has been minimal for the past 50 years. northern aplomado falcon is not subject by this species in determining to make In addition, the species has rarely been to damaging levels of direct exploitation. this rule final. Based on this evaluation. used for purposes. Falconry is Instead, the species is sensitive to the preferred action is to list the not known to have had much effect on habitat degradation and chemical northern aplomado falcon as the aplomado falcon due to the difficuity contamination, and needs the type of endangered throughout its historic of obtaining the species in the United active management and protective range. The above factors make it States. Some overcollecting of northern measures provided for in the apparent that this subspecies is in aplomado falcons and their eggs may Endangered Species Act. danger of extinction throughout all or a have occurred in the early 1900s and E. Other natural or manmade factors significant portion of its range and, may have contributed to a temporary affecting its continued existence. The consequently, that the appropriate decline of the species in the United most important threat to the present status for this subspecies is endangered, States, but collecting is not likely to be a survival of the northern aplomado as defined in Section 3 of the Act. significant factor now and cannot falcon is the continued use of persistent Therefore, either no action or listing aa account for the continued absence of the organochlorine pesticides within the threatened would be contrary to the aplomado north of north-central Mexico. range of this falcon and some of its prey Act’s intent. At least one falcon has been found shot species. Recent data strongly suggest in eastern Mexico [Hector pers. comm.). that such pesticide use is causing CrItical Habitat The frequency with which this occurs is extreme eggshell thiining in some Section 4(a)(3) of the Act, as amended, unknown, populations of northern aplomado requires that, to the maximum extent C. Disease orpredution. Nothing is falcons (Kiff et al. 1978). Levels of DDE prudent and determinable, the Secretary known about the effect of disease or and DDT in membranes of 29 clutches of designate any habitat of a species that is predation on population productivity. aplomado eggs collected in Veracruz considered to be critical habitat at the One,parasite, a botfly, has been (X%i’-XM38)averaged 390 parts per time the species is determined to be reported (Hector 1982). This fly infests million. In a more recent sample (19771, endangered or threatened. The Service young aplomado falcons: however, it is collected along a 5oomIle transect from finds that designation of critical habitat not known under what conditions this northern Veracruz to western is not prudent for the northern aplomado could cause high mortality rates Campeche, DDE (DDT not reported) falcon at this time, because there are no among nestlings. It is very unlikely ihat residue levels averaged 297 par& per known active nesting areas within the botfly parasitism has played a role in million for seven samples of eggshell past 25 years in the United States. past declines of the aplomado. No fragments (Kiff et aI. 1978). The eggshell Critical habitat is not designated in instances of predation on thickness index for eggs in these 1957a areas outside U.S. jurisdiction (50 CFR northern aplomado falcons have been and 1977 samples averaged 25 and 24 4zd.l2[h)). documented. percent less, respectively, than pre-DDT D. The inadequacy of existing eggs from the same populations. Available Conservation Measures regulatory mechanisms. The Migratory Eggshell thinning of gretiter than 20 Treaty Act (16 USC. 70%711) Conservation measures provided to percent of pre-DDT levels is likely to species listed as endangered or establishes provisions regulating the result in nesting failure. In 1977, two threatened under the Act include taking, killing, possessing, transporting, nestings in Veracruz were observed to and importing of migratory birds, have failed due to eggshell breakage recognition, recovery action0, including all subspecies of Falco requirements for. Federal protection, and during incubation (Hector 1981). On the prohibitions agaIn& certain practices. femoralis. The Convention on average, eggs of the northern aplomado International Trade in Endangered Recognition through listing encourages falcon coliected in eastern Mexico are and rest&s in conservation actions by Species of Wild Fauna and Flora proportionately thinner than eggs (ClTESj incIudes all members of the collected from peregrine falctin Federal, State, and private agencies, family Faiconidae* including Falco populations that declined due to groups, and individuals. The Act femorahs, on Appendix II that are not pesticide contamination (Peakall and provides for possible land acquisition on Appendix I. CITES provides for Kiff 1979). and cooperation with the States and regulation of import and export of its The aplomado falcon has undergone requires that recovery actions be carried listed species. severe losses in range and numbers in out for all listed species. Such actions In Texas, FaIco femorolis the past, and remaining populations are are initiated by the Service following septentrionaiis is classified by the State threatened by reproductive failure due listing. The protection required by as a protected nongame species (Texas to pesticide contamination. Experiences Federal agencies, and the prohibitions Parks and Wildlife Code 127.70.12.Ool- with the endangered peregrine falcon against taking and harm are discussed, .oO8]. In Arizona, it is included in Group show that pesticide contamination can in part, below. I of the State list of threatened native lead to severe, rapid population Section 7(a) of the Act* as amended, wildlife, which comprises those species declines* and to the eventual extirpation requires Federal agencies to evaluate ihat are known to be extirpated from of such populations of the affected their actions with respect to any species Arizona, but that still ex&i elsewhere species. The levels of pesticide that is proposed or listed as endangered [Arizona Game and Fish Commission contamination and rates of eggshell or threatened and with respect to its i982). This species is not listed ii-New thinning found in the remaining critical habitat, if any is being Mexico (New Mexico State Game populations of the northern aplomado designated. Regulations implementing Commission 1985). falcon exceed those found to have been this interagency cooperation provision These classifications call attention to the cause of nesting failure in of the Act are codified at 50 CFR Part the plight of this subspecies in the populations of the peregrine falcon in 402 and are now under revision (see United States. They also provide some the 1980's and 1970's. proposal at 48 FR 29990; June 29,X)83). Federal Register / Vol. 51, No. 37 / Tuesday, February 25, 1986 / Rules and Regulations 6689 ,. Section 7(a)(2) requires Federal agencies hardship permits are not expected to be northeastern Mexico. Ecology 44[3]:456- to ensure that activities they authorize, issued. 466. fund, or carry out are not likely to The Service will determine whether Kiff, L.F., D.B. Peakall. ind D.P. Hector. 1978. jeopardize the continued existence of a this species should be placed upon the Eggshell thinning and organochlorine listed species, or to destroy or adversely Annex of the Convention on Nature residues in the bat and aplomado falcons modify its critical habitat. If a Federal in Mexico. Proceedings of the 17th FVotection and Wildlife Preservation in Inte.rnational Ornithological Congress. pp. action may affect a listed species or its the Western Hemisphere, which is 94s952. critical habitat, the responsible Federal implemented through section 8A(e) of New Mexico State Game Commission. 1965. agency must enter into consultation with the Act, and whether it should be Regulation No. 624. New Mexico the Service. No Federal involvement is considered for other appropriate Department of Game and Fish, Santa Fe. known or expected. international agreements. Peakall, D.B.. and L.F. Kiff. 1979. Eggshell The northern aplomado falcon is thinning and DDE levels among peregrine already covered under the provisions of National Environmental PoIicy Act fa!cons (F&o peregrinus]: a global the Migratory Bird Treaty Act [16 U.S.C. The Fish and Wildlife Service has perspective. Ibis ~zxx)o-z@~. 701-711), that regulate the taking, killing, determined that an hvironmental Todd, W.E.C. 1916. Preliminary diagnosis of possession, transport, and import of Assessment, as defined under the fifteen apparently new neotropical birds. authority of the National Environmental Proceedings of the Biological Society of covered species. It is also included on Washington 2995-98. Appendix II (as a member of the family Policy Act of 1969, need not be prepared U.S. DapaFtment of the Interior. 1973, Falconidae) of the Convention on in conjunction with regulations adopted Threatened wildlife of the United States, International Trade in Endangered pursuant to section 4[a) of the US. Buraau of Sport Fisheries and Wildlife Species of Wild Fauna and Flora, which Endangered Species Act of Xti’3, as Resourca Publication 114zl-269. controls the import and export of subject amended. A notice outlining the species. International trade of this Service’s reasons fok this determination Author species and its products is minimal. was published in the Federal Register on The author of this final rule is Alisa The Act and its imolementing October 25,1983 (48 FR 49244). M. Shull, Endangered Species Staff, US. regulations found at i0 CFR 17>1 set Iiterature Cited Fish and Wildlife Service, Albuquerque, forth a series of general prohibitions and New Mexico 87103 [505/768-3972 or FTS exceptions that apply to all eridangered Arizona Game and Fish Commission.1982. 474439721. wildlife. These prohibitions, in part, Threatened native wildlife in Arizona. make it illegal for any person subject to Arizona Game and Fish Department Publ. List of Subjects in 50 CFR Part 17 G! PP. the jurisdiction of the United St.ates to BuffIngto& L.C., and C.H. Herbel. 1967. Endangered and threatened wildlife, take, import or export, ship in interstate Vegetation changeson a semidesert Fish, Marine mammals, Plants commerce in the course of a commercial graisland range %om 1858 to 1963. (agriculture]. activity, or sell or offer for sale in Ecological Monographs 35[2):139-164. interstate or foreign commerce listed Hasting& J.R., and i&. Tkei, 1965. The Regulation Promulgation species. It is also illegal to possess, sell, changing mile: an ecological study of vegetation chan$?ewith time in the lower PART 17-[AMENDED] deliver, carry, transport, or ship any - miie of an arid &d semiarid region. such wildlife that has been illegally University of Arizona Press, Tucson. 317 Accordingly, Part 17, Subchapter B of taken. Certain exceptions apply to Chapter I, Title 56 of the Code of Federal agents of the Service and State Hsor, D.P.1980. Our rare falcon of the Regulations, is amended as set forth conservation agencies. desert grassland. Birding 12(3):92-162, below: Permits may be issued to carry out -. l&l. The habitat, &et: &d foragim otherwise prohibited activities involving behavior of tbe Aplomado galcon, F&o” 1. The authority citation for Part 17 endangered animal species under . femomlis (Temminck). Oklahoma State continues to read as follows: certain circumstances. Regulations University, Cooperative Wild& Research Authoclty: Pub. L. 93-205,87 Stat. 664; Pub. Unit. Unpubl. Master’s Thesis. L. 94-359, & Stat. 911; Pub. L. 95-632.92 Stat. governing permits are at 50 CFR 17.22 -. lG2. Botfly (Diptera, Muscidae) and 17.23. Such permits are available for 3751; Pub. L. 98-159.93 Stat. 1225; Pub. L. 97- parasitism of nestling aplomado falcons. 304.96 Stat. 1411[16 U.S.C 1531 et seq.). scientific purposes, to enhance the Condor 64:443-%%& propagation or survival of the species, -. 1963. Status report on Falco femomh 2. Amend 5 17.11(h) by adding the and/or for incidental take in connection septentriondis. U.S. Fish and Wildlife following, in alphabetical order under with otherwise lawful activities. In some Service, Office of Endangered Species, “BIRDS,” to the List of Endangered and instances, permits may be issued during Albuquerque, New Mexico. 51 pp. Threatened Wildlife: a specified period of time to relieve Humphrey, R.R. 1956. The desert grasslank A history of vegetational change and an $17.11 Endangered and Threatened undue economic hardship that would be analysis of causes. Botanical Review suffered if such relief were not wIldlIfe. 24[4]:193-252. l l l l ’ * available. Since this falcon is not in Johnston, MC. 1973. Past and present commercial trade to any extent, such grasslands of southern Texas and [h) * l * 66w Federal Register i Vol. 51, No. 37 / Tuesday, February 25, 1906 1 Rules and Regulations

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Dated: February 9.1986. P. Daniel Smith, Deputy Assistant Secretary for Fish and Wildlife and Parks. [FR Dot. 86-3973 Filed %X-f% 8~43 am] SLLtNs CODE431a-55-n