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American Peregrine Falcon Reason Foundation Working Paper – Not Proofread 1 Brian Seasholes The Endangered Species Act at 40: Species Profiles AMERICAN PEREGRINE FALCON Image acquired from U.S. Fish & Wildlife Service, National Digital Library Reason Foundation Working Paper – Not Proofread 2 AMERICAN PEREGRINE FALCON (FALCO PEREGRINUS ANATUM) Range: Historic: Much of North America, from central Mexico to the sub-arctic boreal regions of Canada and Alaska to the Eastern U.S. When listed: Same as historic, but extirpated east of the Mississippi River, and absent over significant portions of its range. When delisted: Same as historic, and introduced to some regions where it never previously existed in the U.S. (mid-Atlantic coast, and regions of the Midwest) Listed status: Endangered [35 FR 16046] 10/13/70, and carried over to the ESA of 1973. Current status: Recovered [65 FR 46542-46558] August 25, 1999. Status prior to delisting: Reclassified [49 FR 10520-10526], March 20, 1984. This reclassification was done in an attempt to cover-up the FWS’s likely violation of the ESA as well as the agency’s bungling of the introduction of peregrines to the eastern seaboard, a subject that is covered in greater detail in the section titled, “Exotic Introduction.” Official reasons for listing: 1. DDT-caused eggshell thinning, which led to widespread reproductive failure and a massive population crash; 2. Habitat destruction and degradation. Recovery criteria: There are a number of criteria, some of which have changed when a plan is revised, for a number of different regions.1 1. A. Eastern Region (AL, AR, CT, D.C., DE, GA, IA, IN, KY, MA, MD, ME, MI, MN, MO, NC, NH, NJ, NY, OH, PA, RI, SC, TN, VA, VT, and WV). I. 1979 Recovery Plan: “[T]o attain a successful, self-perpetuating nesting population in the wild at a level of 50 percent of numbers estimated (350 pairs) to have occurred in the 1940’s or to a level our present environment will support” (U.S. Fish and Wildlife Service 1979, p.14). II. 1987 Recovery Plan Update: Delisting: “Attainment of successful, sustained nesting in the wild to a minimum level of 175-200 pairs…and establishment of a minimum of 20-25 nesting pairs in each of the five release regions[Mid-Atlantic Coast, Northern New York and New England, Southern Appalachians, Great Lakes, and Southern New England/Central Appalachians] will result in delisting.” (U.S. Fish and Wildlife Service 1987d, p.11). Downlisting: 20-25 pars per recovery region. II. 1991 Recovery Plan Update: 1. “To reclassify the species from endangered to threatened by establishing a minimum of 20- 25 nesting pairs in each of the five recovery regions [Mid-Atlantic Coast, Northern New York and New England, Southern Appalachians, Great Lakes, and Southern New England/Central Appalachians] to be sustained over a minimum of three years.” 2. “To delist the species by meeting the above condition [for reclassification] and, in addition, attaining a minimum level of 175- 200 pairs that demonstrate successful, sustained nesting in the wild. This level is approximately 50 percent of the numbers Reason Foundation Working Paper – Not Proofread 3 Population: Historic: Unknown, but assumed to be around that when delisted When listed: Unknown, but extirpated east of the Mississippi and reduced by more than 75% in the west by the mid-1970s When reclassified in 1984: Between 600 and 675 pairs. When Delisted: A minimum of 1,331 pairs in the U.S. estimated to have been present in the 1940s” (U.S. Fish and Wildlife Service 1991, p.16). B. Rocky Mountain/Southwest Region (AZ, CO, ID, KA, MT, NB, ND, SD, OK, TX, UT, and WY) I. 1977 Recovery Plan: A minimum of 100 “effective breeding pairs” (defined as “a male and female adult peregrine falcon that successfully produce and fledge offspring in the wild state”) by 1995 (U.S. Fish and Wildlife Service 1977d, p.30). II. 1984 Update: A minimum of 183 breeding pairs with a “long-term average production of 1.25 young per anum [sic] by 1995.” In addition, “eggshell thickness must be within 10 percent of the pre-DDT average measurements of 0.359 mm and must be maintained for a 5 year span.” The states in the region had the following recovery goals, as expressed in pairs of peregrines; AZ-46, CO-31, ID-17, KA-0; MT-20, NB-1, NM-23, ND-0, OK-0, SD-0, TX-8, UT-21, WY-14 (U.S. Fish and Wildlife Service 1984g, pp.20,21). C. Pacific Coast Region (CA, NV, OR, and WA) I. 1982 Recovery Plan (only version written and approved): Delist: 185 pairs with a minimum productivity of 1.5 fledged young/year over at least five years. The recovery goals by pairs in each state are; CA-120, OR-30, WA-30, NV-5. Downlist: At least 122 pairs with a minimum productivity of 1.5 young fledged/year (U.S. Fish and Wildlife Service 1982f). D. Alaska I. 1982 Recovery Plan (only version written and approved): “28 nesting attempts, 50 young to near fledging in the upper Yukon- Tanana Rivers study area.” In addition: a) levels of DDE “must average less than 5 ppm (wet weight) and that the total concentration of other chlorinated pesticides must average less than 1 ppm (wet weight); b) “Eggshells…must not be more than 10 percent thinner than pre-DDT era eggs” (U.S. Fish and Wildlife Service 1982b, pp.9,11). Reason Foundation Working Paper – Not Proofread 4 CLAIMS THAT THE AMERICAN PEREGRINE FALCON IS AN ESA SUCCESS STORY 1) “The U.S. Fish and Wildlife Service removed the peregrine falcon from the list of endangered and threatened species, marking one of the most dramatic success stories of the Endangered Species Act.”—U.S. Fish and Wildlife Service2 2) “Today, we celebrate another major success of the Endangered Species Act—the peregrine falcon has been saved from the brink of extinction.”—thenVice President Al Gore commenting on the American peregrine’s delisting3 3) “The Endangered Species Act is the most innovative, wide-ranging and successful environmental law that has been passed in the past quarter century. I can cite case after case…that the peregrine falcon is moving from near extinction to the threshold of de- listing.”—then Interior Secretary, Bruce Babbitt4 4) “There are a number of successes in the Endangered Species Act. The…peregrine falcon ha[s]…been brought back from the brink of extinction.”—then Sen. Dirk Kempthorne5 5) “[The]…announcement about the [potential delisting of the] American peregrine falcon…symbolizes the great success of the ESA.”6—Senator Joseph Lieberman 6) “[W]e owe the survival of the...peregrine falcon...to the Endangered Species Act.”—Eric Fischer, then Senior Vice President for science and sanctuaries at the National Audubon Society in the US7 7) “In just twenty years the Act has proved itself indispensable in the saving of such nearly lost creatures as the...peregrine falcon...”—T.H. Watkins, then-Editor of Wilderness, the magazine of the Wilderness Society 8 2 U.S. Department of the Interior 1999h. 3 White House 1999. 4 Babbitt 1996, p.126. 5 Kempthorne 1995. 6 Lieberman 1996. 7. Fischer 1992. 8. Watkins 1993. Reason Foundation Working Paper – Not Proofread 5 8) “Similar upgrading [from endangered to threatened, as happened to the bald eagle] has recently been proposed for the peregrine falcon, which has recovered so well under the Act’s protection that it now nests in skyscrapers in several major cities.”—Union of Concerned Scientists9 9) “The Act has improved the status of some species, such as the…peregrine falcon.”—the Ecological Society of America’s ad hoc committee on the ESA10 10) There are a number of other claims of success.11 9. Union of Concerned Scientists 1998. 10 Carroll et al., 1996, p.3. 11 “The peregrine’s comeback marks on of the most dramatic success stories of the Endangered Species Act.”—Department of Interior (U.S. Department of the Interior 1999a); “Success Story” (FWS): “Population Increase – This species benefited from the ban on DDT, the breakdown products of which caused thinning of falcon eggshells and adult mortality. The p[e]regrine falcon also benefited from broad-based public involvement in the raising of thousands of falcons in captivity for their eventual reintroduction in the wild.” (U.S. Fish and Wildlife Service 1995a, p.3); “We have proved that with a strong Endangered Species Act, we don’t have to stand idly by and watch our wildlife go extinct. We can bring species back. We have proved it with the peregrine falcon,” Bruce Babbitt, then-Interior Secretary (Lukins 1998); “It’s a genuine success. The message here is that the Endangered Species Act works…that is the message that comes at us at 200 miles per hour with the peregrine falcon,” Bruce Babbitt, then-Interior Secretary (Kelley 1999a); “This is a real milestone in the history of the Endangered Species Act,” Bruce Babbitt, then-Interior Secretary, commenting on the proposed delisting of peregrine (Knickerbocker 1998); “The delisting of the Peregrine Falcon shows the Endangered Species Act is working. The Peregrine Falcon is on the road to recovery. It is an important success story,” John Flicker, President, National Audubon Society (National Audubon Society 1999). “There are many success stories that can be attributed to this landmark law--the recovery of the bald eagle, brown pelican, peregrine falcon, Pacific gray whale, and the American alligator. The black-footed ferret, red wolf, California condor and other species have been spared from extinction. All thanks to our nation’s commitment to conserving our great natural heritage.” (National Audubon Society 1995).
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