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Federal Register/Vol. 71, No. 143/Wednesday, July 26, 2006 42298 Federal Register / Vol. 71, No. 143 / Wednesday, July 26, 2006 / Rules and Regulations Federal Communications Commission. You may obtain copies of the final significant cause of the subspecies’’ Marlene H. Dortch, rule, environmental analysis, and extirpation from the United States with Secretary. monitoring plan from the field office the initiation of widespread DDT [FR Doc. E6–12024 Filed 7–25–06; 8:45 am] address above, by calling (505) 346– (dichloro-diphenyl-trichloroethane) use BILLING CODE 6712–01–P 2525, or from our Web site at http:// after World War II, which coincided www.fws.gov/ifw2es/NewMexico/. with the falcon’s disappearance (51 FR FOR FURTHER INFORMATION CONTACT: 6686, February 25, 1986). Falcons in Adam Zerrenner, Acting Field Mexico in the 1950s were heavily DEPARTMENT OF THE INTERIOR Supervisor, New Mexico Ecological contaminated with DDT residue, and these levels caused a 25 percent Fish and Wildlife Service Services Field Office at the above address (telephone 505–346–2525, decrease in eggshell thickness (Kiff et al. facsimile 505–346–2542). 1980). Such high residue levels can 50 CFR Part 17 often result in reproductive failure from SUPPLEMENTARY INFORMATION: RIN 1018–AI80 egg breakage (Service 1990). Background Collecting falcons and eggs may have also been detrimental to the subspecies Endangered and Threatened Wildlife Background information that was in some localities. However, and Plants; Establishment of a previously provided in our February 9, Nonessential Experimental Population populations of birds of prey are 2005, proposed rule (70 FR 6819) has generally resilient to localized of Northern Aplomado Falcons in New been condensed in this rule. Mexico and Arizona collection pressure (Service 1990). Biological Currently, long-term drought, shrub AGENCY: Fish and Wildlife Service, encroachment in areas of Chihuahuan The northern aplomado falcon Interior. grasslands, and the increased presence (hereafter referred to as falcon) is one of of the great-horned owl (Bubo ACTION: Final rule. three subspecies of the aplomado falcon virginianus), which preys upon the and the only subspecies recorded in the SUMMARY: We, the U.S. Fish and falcon, may be limiting recovery of this United States. This subspecies was Wildlife Service (Service), plan to subspecies. On the other hand, falcons listed as an endangered species on reintroduce northern aplomado falcons appear to be relatively tolerant of (Falco femoralis septentrionalis) (falcon) February 25, 1986 (51 FR 6686). The human presence. They have been into their historical habitat in southern falcon is classified in the Order observed to tolerate approach to within New Mexico for the purpose of Falconiformes, Family Falconidae. 100 meters (m) (328 feet (ft)) of their establishing a viable resident population Historically, falcons occurred nests by researchers and have nested in New Mexico and Arizona. The falcon throughout coastal prairie habitat along within 100 m (328 ft) of highways in is being re-established under section the southern Gulf coast of Texas, and in eastern Mexico (Keddy-Hector 2000), 10(j) of the Endangered Species Act of savanna and grassland habitat along and are frequently found nesting in 1973, as amended (Act), and would be both sides of the Texas-Mexico border, association with well-managed livestock classified as a nonessential southern New Mexico, and southeastern grazing operations in Mexico and Texas experimental population (NEP). The Arizona. Falcons were also present in (Burnham et al. 2002). Burnham et al. geographic boundary of the NEP the Mexican States of Tamualipas, (2002) concluded that falcons would be includes all of New Mexico and Veracruz, Chiapas, Campeche, Tabasco, able to coexist with current land-use Arizona. Chihuahua, Coahuila, Sinaloa, Jalisco, practices in New Mexico on the broad This action is part of a series of Guerrero, Yucatan, and San Luis Potosi, scale. reintroductions and other recovery and on the Pacific coast of Guatemala Over the past decade, widespread actions that the Service, Federal and and El Salvador (Keddy-Hector 2000). formal surveys have been conducted in State agencies, and other partners are Falcons were fairly common in suitable southern New Mexico habitats capable conducting throughout the species’’ habitat throughout these areas until the of supporting individual or breeding historical range. This final rule provides 1940s, but subsequently declined falcons (suitable habitat). Standardized a plan for establishing the NEP and rapidly. From 1940 to the present in falcon surveys have been conducted provides for limited allowable legal Arizona (Corman 1992), and from 1952 annually in suitable falcon habitats on taking of the northern aplomado falcon to 2000 in New Mexico (Meyer and White Sands Missile Range and Fort within the defined NEP area. Birds can Williams 2005), there were no Bliss by the Department of Defense only be released when they are a few documented nesting attempts by wild throughout the past decade (Burkett and weeks old, and this condition only falcons. In 2001 and 2002, one pair of Black 2003; Griffin 2005a; Locke 2005). occurs in the spring and summer of each falcons nested in Luna County, New White Sands Missile Range in central year. In order to accomplish a release in Mexico. This pair was unsuccessful in New Mexico contains one million 2006, we must expedite on-the-ground producing fledglings in 2001, but hectares (ha) (2.5 million acres (ac)). implementation. produced three fledglings in 2002. To The northwest corner (81,000 ha date, the 2002 nest has been the only (200,000 ac)) is highly suitable yucca/ DATES: The effective date of this rule is known successful falcon nest in either grassland preferred by falcons. There is July 26, 2006. Arizona or New Mexico since 1952. presently no livestock grazing and no ADDRESSES: Comments and materials The causes for decline of this public access to this area. The 145,139- received, as well as supporting subspecies have included widespread ha (358,643-ac) Armendaris Ranch, documentation used in preparation of shrub encroachment resulting from located in south central New Mexico, this final rule, are available for public control of range fires and intense contains undeveloped Chihuauhuan inspection, by appointment, during overgrazing (Service 1986; Burnham et desert grassland managed by Turner normal business hours at the New al. 2002) and agricultural development Properties in cooperation with the Mexico Ecological Services Field Office, in grassland habitats used by the falcon Turner Endangered Species Fund. 2105 Osuna Road, NE., Albuquerque, (Hector 1987; Keddy-Hector 2000). Armendaris Ranch managers have New Mexico 87113. Pesticide exposure was likely a volunteered to provide falcon VerDate Aug<31>2005 16:29 Jul 25, 2006 Jkt 208001 PO 00000 Frm 00058 Fmt 4700 Sfmt 4700 E:\FR\FM\26JYR1.SGM 26JYR1 rwilkins on PROD1PC63 with RULES_1 Federal Register / Vol. 71, No. 143 / Wednesday, July 26, 2006 / Rules and Regulations 42299 reintroduction sites, and the sightings reported per year in the State, population has not been expanding Armendaris Ranch and areas including the Luna County appearance (Burnham et al. 2002; Jenny and immediately adjacent to known falcon of the first nest in either New Mexico or Heinrich 2004). In addition, the majority habitat in Luna County have been Arizona since 1952 (Service 2005). On of the breeding pairs in Chihuahua are surveyed on several occasions in recent May 8, 2002, two additional falcons clustered in close proximity to one years (Howard 2006a; Meyer and were observed that were thought to be another, but most are approximately 120 Williams 2005). Falcon surveys were different from the known nesting pair in to 135 miles away from the southern conducted in 2003 on the Gray Ranch in Luna County. However, only one New Mexico border (Howard 2006c). As southeastern New Mexico, which individual thought to be from that stated in the Recovery Plan for the contains 130,410 ha (322,000 ac) (Lewis potential second pair was present two falcon (1990), ‘‘Regardless of the status 2005). It includes extensive desert days later, and a second falcon nest was of the aplomado falcon in Mexico, an grasslands at its lower elevations. Bird never located anywhere in the NEP area attempt should be made to establish life is abundant on the Gray Ranch; 43 (Meyer and Williams 2005). In 2003 and populations in the United States. If percent of New Mexico’s avian species 2004, other than the Luna County release sites are carefully chosen, occur there and would provide an territory, no additional falcons were reestablished populations should be excellent prey base for falcons. The reported from formal surveys in New relatively free from pesticide Bureau of Land Management (BLM) Mexico (Meyer and Williams 2005). In contamination. Releases may facilitate office in Las Cruces and the New 2005 and through April 2006, there range expansion because pesticide Mexico Department of Game and Fish were nine sightings at locations in New contamination may have reduced the (NMDGF) have also recently sponsored Mexico apart from the Luna County ability of most populations to colonize formal surveys for falcons in suitable territory (Burkett 2005; Banwart 2006; new patches of suitable habitat. The habitats in the subspecies’’ historic Howard 2006b; Locke 2006). Only the potential for range expansion is now range in New Mexico (Howard 2006a; sighting on August 11, 2005, detected more promising as a result of recent Meyer and Williams 2005; Lister 2006a; more than one falcon. The two falcons brush control efforts in southern and Lister 2006c). Therefore, large areas of observed on that day did not exhibit coastal Texas and the discontinued use the southern New Mexico habitats most behaviors that indicated they were a of DDT.’’ capable of supporting individual or pair, and a photograph taken of one Recovery Efforts breeding pairs of falcons have been suggested it was a juvenile (Howard There are currently 46 pairs of formally surveyed for the presence of 2005a;b).
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