[Federal Register Volume 70, Number 179 (Friday, September 16, 2005)]
[Proposed Rules]
[Pages 54701-54703]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-18386]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AI80


Endangered and Threatened Wildlife and Plants; Proposed 
Establishment of a Nonessential Experimental Population of Northern 
Aplomado Falcons in Southern New Mexico and Arizona

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule; reopening of public comment period, notice of 
public hearings, and notice of availability of draft monitoring plan.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the 
reopening of the public comment period for the proposed rule to 
establish, under section 10(j) of the Endangered Species Act of 1973, 
as amended (Act), an experimental population of northern aplomado 
falcons (Falco femoralis septentrionalis) into their historic habitat 
in southern New Mexico and Arizona. We are providing this notice to 
allow all interested parties to comment on the proposed reintroduction 
and the draft environmental assessment (notice of which published in 
the Federal Register on February 9, 2005). We are also announcing the 
availability of a draft monitoring plan for the reintroduction of the 
northern aplomado falcon for public comment. We will hold two public 
hearings (see DATES and ADDRESSES sections).
    Through this notice and the public hearings, we are seeking 
comments or suggestions from the public, other concerned governmental 
agencies, Tribes, the scientific community, industry, or any other 
interested parties concerning the proposed experimental population and 
draft monitoring plan.

DATES: Comments must be submitted directly to the Service (see 
ADDRESSES section) on or before November 15, 2005, or at any of the 
public hearings to be held in October 2005. Any comments received after 
the closing date may not be considered in the final determination on 
the proposal.
    We will hold two public hearings at the following dates and times:
    1. October 11, 2005: Las Cruces, NM. Informal question and answer 
session: 6 p.m. Public hearing: 7 p.m.-8:45 p.m.
    2. October 13, 2005: Albuquerque, NM. Informal question and answer 
session: 6 p.m. Public hearing: 7 p.m.-8:45 p.m.

ADDRESSES:

[[Page 54702]]

Meetings

    The public hearings will be held at the following locations:
    1. Las Cruces, NM: Auditorium, Corbett Center Student Union, Jordan 
Street and University Avenue, New Mexico State University, Las Cruces, 
New Mexico 88003-8001. (505) 646-4804. Parking is located in Lot 27 off 
of Triviz and University Avenue.
    2. Albuquerque, NM: Silver & Turquoise Room, Indian Pueblo Cultural 
Center, 2401 12th Street NW (1 block North of I-40), Albuquerque, New 
Mexico 87104. (505) 843-7270 or 1-800-766-4405.
    Written information, comments, or questions related to preparation 
of the draft environmental assessment and the National Environmental 
Policy Act (NEPA) process should be submitted to Susan MacMullin, Field 
Supervisor, U.S. Fish and Wildlife Service, New Mexico Ecological 
Services Field Office, 2105 Osuna NE, Albuquerque, New Mexico 87113. 
Written comments may also be sent by facsimile to (505) 346-2542 or by 
e-mail to <a href="/cdn-cgi/l/email-protection#0b59394d5c4e544a474b6d7c78256c647d"><span class="__cf_email__" data-cfemail="b1e383f7e6f4eef0fdf1d7c6c29fd6dec7">[email protected]</span></a>. For directions on how to submit electronic 
filing of comments, see the ``Public Comments Solicited'' section.
    You may obtain copies of the proposed rule, draft environmental 
assessment, and draft monitoring plan from the above address, or by 
calling 505-346-2525. They are also available from our Web site at 
http://ifw2es.fws.gov/NewMexico/. All comments and materials received, 
as well as supporting documentation used in preparation of the proposed 
rule, will be available for public inspection, by appointment, during 
normal business hours at the New Mexico Ecological Services Field 
Office.

FOR FURTHER INFORMATION CONTACT: Questions regarding the development of 
the proposed rule designating an experimental population, the draft 
environmental assessment, or the draft monitoring plan may be directed 
to Susan MacMullin, Field Supervisor, New Mexico Ecological Services 
Field Office, telephone 505-346-2525 (see ADDRESSES). Persons who use a 
telecommunications device for the deaf (TDD) may call the Federal 
Information Relay Service (FIRS) at 1-800-877-8339, 24 hours a day, 7 
days a week.

SUPPLEMENTARY INFORMATION:

Background

    We previously proposed to reintroduce northern aplomado falcons 
into their historic habitat in southern New Mexico with the purpose of 
establishing a viable resident population (February 9, 2005, 70 FR 
6819). If the proposed rule is finalized, we may release up to 150 
captive-raised northern aplomado falcons annually in the summer and/or 
fall for 10 or more years, until a self-sustaining population is 
established. We propose to designate this reintroduced population as a 
nonessential experimental population, according to section 10(j) of the 
Endangered Species Act of 1973, as amended. The geographic boundary of 
the proposed nonessential experimental population includes all of New 
Mexico and Arizona. A draft environmental assessment was prepared for 
this proposed action and has been made available for comment (February 
9, 2005, 70 FR 6819).
    Pursuant to 50 CFR 424.16(c)(2), we may extend or reopen a comment 
period upon finding that there is good cause to do so. Our public 
hearing for this proposed rule was originally scheduled for Las Cruces, 
New Mexico, on March 15, 2005. However, this hearing had to be 
postponed because of widespread road closures on that date in northern 
and central New Mexico due to hazardous snow and ice conditions. In 
addition, we have now developed the draft monitoring plan for the 
proposed reintroduction of the northern aplomado falcon that was 
referred to in the proposed rule and draft environmental assessment (70 
FR 6819). We announce the availability of this document and solicit 
data and comments from the public (please see ADDRESSES section). We 
also announce new public hearing dates concurrently with the 
availability of the draft monitoring plan. We deem these considerations 
as sufficient cause to reopen the comment period that closed on April 
11, 2005 (70 FR 6819). For additional information on how to send 
comments, see ``Public Comments Solicited'' section.
    Our proposal to reintroduce northern aplomado falcons in New Mexico 
and Arizona under section 10(j) of the Endangered Species Act requires 
the Service to periodically review and evaluate the reintroduction 
program. The monitoring plan will assist the Service in its evaluation 
of the release program described in the proposed rule and draft 
environmental assessment and will provide guidelines for northern 
aplomado falcon monitoring efforts in New Mexico and Arizona. 
Monitoring requirements and studies are described in two tiers. Tier 1 
describes short-term monitoring, which includes basic monitoring 
requirements for newly released falcons and for nesting falcons 
beginning 3 years after their reintroduction. Tier 1 monitoring will 
primarily be the responsibility of The Peregrine Fund, who will submit 
annual reports to the Service on northern aplomado falcon release 
monitoring results in New Mexico and Arizona. In addition, the Bureau 
of Land Management and U.S. Army Fort Bliss will be responsible for 
remote-sensing habitat monitoring relevant to the reintroduction 
program in New Mexico and Arizona. Tier 2 investigations include 
nonmandatory monitoring efforts subject to available funding. Annual 
stakeholder meetings will be conducted to review project data to 
determine if refinements to the program are needed. We will use the 
best scientific and commercial data available, including, but not 
limited to, results from this monitoring plan and stakeholder meetings 
to prepare 5-year evaluations of the New Mexico and Arizona falcon 
restoration program.

Public Hearings

    The Act provides for one or more public hearings on this proposed 
rule, if requested. We have been requested to conduct two public 
hearings in New Mexico. We will hold a public hearing in Las Cruces, 
New Mexico, on October 11, 2005, and one in Albuquerque, New Mexico, on 
October 13, 2005. Announcements for the public hearings will also be 
made in local newspapers.
    Public hearings are designed to gather relevant information that 
the public may have that we should consider in our rulemaking. During 
the hearings, we will present information about the proposed action. We 
invite the public to submit information and comments at the hearings or 
in writing during the open public comment period. We encourage persons 
wishing to comment at the hearing to provide a written copy of their 
statement at the start of the hearing. This notice and the public 
hearings will allow all interested parties to submit comments on the 
proposed nonessential experimental population rule for the northern 
aplomado falcon. We are seeking comments from the public, other 
concerned governmental agencies, Tribes, the scientific community, 
industry, or any other interested parties concerning the proposal. 
Persons may send written comments to the New Mexico Ecological Services 
Field Office (see ADDRESSES section) at any time during the open 
comment period. We will give equal consideration to oral and written 
comments. For more information about commenting, see the ``Public 
Comments Solicited'' section.

Public Comments Solicited

    We intend for our draft environmental assessment (EA) to consider 
reasonable

[[Page 54703]]

alternatives for the establishment of an experimental population of the 
aplomado falcon. We also wish to ensure than any proposed rulemaking to 
establish an experimental population and the accompanying monitoring 
plan effectively evaluate all potential issues and impacts associated 
with this action. Therefore, we seek comment from Federal, State, 
local, or Tribal government agencies; the scientific or business 
community; landowners; or any other interested party. Comments should 
be as specific as possible.
    In order to issue a final rule to implement this proposed action 
and to determine whether to prepare a finding of no significant impact 
or an environmental impact statement, we will take into consideration 
all comments and any additional information we receive. Such 
communications may lead to a final rule that differs from this 
proposal. All comments, including names and addresses, will become part 
of the supporting record.
    If you wish to provide comments and/or information, you may submit 
your comments and materials by any one of several methods (see 
ADDRESSES). Comments submitted electronically should be in the body of 
the e-mail message itself or attached as a text file (ASCII), and 
should not use special characters or encryption. Please also include 
``Attn: Falcon Proposed 10(j) Rule,'' your full name, and your return 
address in your e-mail message. If you do not receive a confirmation 
from the system that we have received your e-mail message, contact us 
directly by calling our New Mexico Ecological Services Field Office 
(see ADDRESSES section).
    Our practice is to make comments, including names and home 
addresses of respondents, available for public review during regular 
business hours. Respondents may request that we withhold their home 
addresses, which we will honor to the extent allowable by law. There 
may also be circumstances in which we would withhold a respondent's 
identity, as allowable by law. If you wish for us to withhold your name 
and/or address, you must state this request prominently at the 
beginning of your comment. However, we will not consider anonymous 
comments. To the extent consistent with applicable law, we will make 
all submissions from organizations or businesses, and from individuals 
identifying themselves as representatives or officials of organizations 
or businesses, available for public inspection in their entirety. 
Comments and materials received will be available for public 
inspection, by appointment, during normal business hours at New Mexico 
Ecological Services Office in Albuquerque, New Mexico (see ADDRESSES).

Paperwork Reduction Act

    Office of Management and Budget (OMB) regulations at 5 CFR part 
1320, which implement provisions of the Paperwork Reduction Act (44 
U.S.C. 3501 et seq.) require that Federal agencies obtain approval from 
OMB before collecting information from the public. A Federal agency may 
not conduct or sponsor and a person is not required to respond to a 
collection of information unless it displays a currently valid OMB 
control number. OMB approval is required if information will be 
collected from 10 or more persons (5 CFR 1320.3). ``Ten or more 
persons'' refers to the persons to whom a collection of information is 
addressed by the agency within any 12-month period, and to any 
independent entities to which the initial addressee may reasonably be 
expected to transmit the collection of information during that period, 
including independent State, territorial, Tribal or local entities and 
separately incorporated subsidiaries or affiliates. For the purposes of 
this definition, ``persons'' does not include employees of the 
respondent acting within the scope of their employment, contractors 
engaged by a respondent for the purpose of complying with the 
collection of information, or current employees of the Federal 
government when acting within the scope of their employment, but it 
does include former Federal employees. The draft monitoring plan for 
reestablishment of the falcon contains a requirement for information 
collection; however, it does not affect 10 or more persons. Therefore, 
OMB approval and a control number are not needed for the data 
collection forms appended to the monitoring plan. In the future, if it 
becomes necessary to collect this information from 10 or more 
respondents per year, we will first obtain approval from OMB.

Authority

    The authority for this action is the Endangered Species Act of 1973 
(16 U.S.C. 1531 et seq.).

    Dated: September 1, 2005.
Craig Manson,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 05-18386 Filed 9-15-05; 8:45 am]
BILLING CODE 4310-55-P


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