Establishment of a Nonessential Experimental Population of Northern Aplomado Falcons in New Mexico and Arizona and Availability of Draft Environmental Assessment

Establishment of a Nonessential Experimental Population of Northern Aplomado Falcons in New Mexico and Arizona and Availability of Draft Environmental Assessment

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule; notice of availability; notice of public
hearing.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), propose to
reintroduce northern aplomado falcons (Falco femoralis septentrionalis)
(falcon) into their historic habitat in southern New Mexico and Arizona
with the purpose of establishing a viable resident population. If this
proposed rule is finalized, we may release captive-raised falcons as
early as the summer of 2005 and release up to 150 additional falcons
annually in the summer and/or fall for 10 or more years thereafter
until a self-sustaining population is established. We propose to
designate this reintroduced population as a nonessential experimental
population (NEP) according to section 10(j) of the Endangered Species
Act of 1973 (Act), as amended. The geographic boundary of the proposed
NEP includes all of New Mexico and Arizona. A draft environmental
assessment (EA) has been prepared on this proposed action and is
available for comment (see ADDRESSES section below).
    This proposed action is part of a series of reintroductions and
other recovery actions that the Service, Federal and State agencies,
and other partners are conducting throughout the species' historical
range. This proposed rule provides a plan for establishing the NEP and
provides for limited allowable legal taking of the northern aplomado
falcon within the defined NEP area.

DATES: We will consider all comments on this proposed rule received
from interested parties by April 11, 2005. We will also hold one public
hearing on this proposed rule; we have scheduled the hearing for March
15, 2005 at 7 p.m. The public hearing will be held March 15, 2005, at the Corbett
Center Student Union, New Mexico State University, Las Cruces, New
Mexico, 88003. The Corbett Center Student Union is located at the intersection of Jordan Street and University Avenue. The hearing will begin at 7 p.m. and last until 8:45 p.m., with
an informal question and answer session beginning at 6 p.m. Parking is
located in Lot 27 off of Triviz and University Avenue.

ADDRESSES: You may submit comments and other information by any of the
following methods (please see ``Public Comments Solicited'' section
below for additional guidance):
    Mail or Hand Delivery: Field Supervisor, New Mexico
Ecological Services Field Office, 2105 Osuna Road NE., Albuquerque, New
Mexico 87113.
    Fax: (505) 346-2542
    E-mail: R2FWE_AL@fws.gov.
    You may obtain copies of the proposed rule and the draft EA from
the above address or by calling (505) 346-2525. The proposed rule and
draft EA are also available from our Web site at http://ifw2es.fws.gov/Library/
.

    The complete file for this proposed rule will be available for
public inspection, by appointment, during normal business hours at the
New Mexico Ecological Services Field Office, 2105 Osuna Road NE,
Albuquerque, New Mexico 87113.

FOR FURTHER INFORMATION CONTACT: Susan MacMullin, Field Supervisor, New
Mexico Ecological Services Field Office, telephone (505) 346-2525 (see
ADDRESSES above).

SUPPLEMENTARY INFORMATION:

Public Comments Solicited

    We want the final rule to be as effective as possible and the draft
EA on the proposed action to evaluate all potential issues associated
with this action. Therefore, we invite the public, concerned Tribal and
government agencies, the scientific community, industry, and other
interested parties to submit comments or recommendations concerning any
aspect of this proposed rule and the draft EA. Comments should be as
specific as possible.
    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 section). 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. Our practice is to make comments
that we receive on this rulemaking, including names and home addresses
of respondents, available for public review during regular business
hours. Individual respondents may request that we withhold their home
address from the rulemaking record, which we will honor to the extent
allowable by Federal law. In some circumstances, we may withhold from
the rulemaking record a respondent's identity, as allowable by Federal
law. If you wish for us to withhold your name and/or address, you must
state this prominently at the beginning of your comment. However, we
will not consider anonymous comments. We will make all submissions from
organizations or businesses, including individuals identifying
themselves as representatives or officials of organizations or
businesses, available for public inspection in their entirety.