Abstract: The Fish and Wildlife Service proposes to amend 50 CFR 21.28-21.30 to establish simpler, less restrictive regulations governing the use of most raptors. Both falconry and raptor propagation are small scale activities having little or no impact on raptor populations. Recent data indicate that most raptor populations have increased considerably from lows reached in the early 1970s at the end of a long period when use of harmful pesticides was widespread. The degree of regulation imposed by the federal regulations governing falconry (1970) appears to be unnecessary for most species. For the peregrine falcon, however, the Fish and Wildlife Service proposes to retain restrictive regulations.

Comments or questions on the Assessment should be directed to:

Rollin D. Sparrowe, Chief
Office of Migratory Bird Management
U.S. Fish and Wildlife Service
Washington, D.C. 20240
202-254-3207

United States Department of the Interior
Fish and Wildlife Service
July 1988

SUMMARY

Raptors (birds of prey) recieved Federal protection in 1972 as a result of an amended treaty with Mexico. Regulation of the use of raptors then automatically became the responsibility of the Fish and Wildlife Service (Service) under authority of the Migratory Bird Treaty Act. In 1976, the Service promulgated regulations governing falconry (50 CFR 21.28, 21.29). The regulations allowed for the development of state falconry programs to operate within Service guidelines and requirements, set rigorous requitements for entry into the sport of falconry, specified facility and equipment standards, and set stringent reporting and marking requirements. Somewhat cautionary and restrictive, the regulations were promulgated at a time when there was cinsiderable concern over the diminished status of many raptor populations. The falconry regulations reflected a sincere attempt to satisfy diverse and often conflicting intrests while at the same time provideing adequate protection for raptors.

In 1983, regulations were promulgated to govern the captive propagation of raptors, an enterprise closely related to, and a natural outgrowth of, falconry. The propagation regulations (50 CFR 21.30) were likewise generally restrictive, setting standards and stringent reporting requirements. Most importantly, though, the reulations allowed for the sale of captive-produced raptors, includeing the peregrine falcon. Highly prized, the peregrine generally had been unavailable to falconers because of Endangered Species Act restrictions.

The falconry and propagation reglations proved to be not entirely satisfactory. Some falconers and propagators contended that the regulations were unnecessarily restrictive and that falconry and propagation had no impacts on the raptor reurce. A few state and wildlife agencies voiced similar views and felt that the regulations were administratively burdensome for them. On the other hand, others, principally in law enforcement and some conservation groups, contended that the regulations, escpecially the provision allowing the sale of raptors, were too permissive, facilitating and even stimulateing illegal activity.

The results of "Operation Falcon," a Service undercover enforcement project centering on illegal activities involving raptors, and the dissatisfaction surrounding the falconry and propagation regulations has prompted the Service to re-evaluate the regulations in view of current needs and information. The Service announced its intent to do so on January 4, 1985, and invited public comment. On June 24, 1986, the Service held a public meeting to detemine the scope of issues to be covered and to consider an appropriate level of National Environment Policy Act (NEPA) procedure to follow in the re-evaluation. As a result, and also from the Service expirience, three areas of contention were identified: the falconry and propagation regulations, per se; the provision allowing the sale of raptors; and the prohibition on taking arctic peregrines. This Environment Assessment serves as the basis for the re-evaluation. Its purposes are to assess the impacts of falconry and propagation, emphasizing biological impacts on the raptor resource, and, if needed, to propose appropriate changes in the regulations.

An assessment of the population status of raptors shows them generally to be at satisfactory levels with many species, includeing the peregrine falcon, having increased from low populations levels reached during the 1960s and early 1970s. The increases can be ascribed to the ban on certain pesticides, protective laws and their enforcement, improved public awareness and appreciation of raptors, and in some cases, active management such as the release of birds to re-establish populations. However a few species are declining, principally because of habitat changes. The Harris' hawk is the only declining species that is of importance to falconry.

Generally, the take of raptors from the wild by falconers and propagators is small, self limiting, and can be regarded safely as being inconsequential to raptor populations. Less than 1,000 raptors of all species and from all areas are estimated to be taken legally each year, with about one-third of them being the widespread and abundant red-tailed hawk. The known illegal take is smaller and does not alter the conclusion that falconry and raptor propagation have no impact on the raptor resource. In view of the generally favorable status of raptor populations and the conclusion that falconry and raptor propagation have no impact on them, the Service proposes some changes in the regulations.

Alternatives are considered in the basic areas of contention: the falconry and propagation regulations, per se; the provision for sale of captive-propagated raptors; and the desire by falconers to take tundrius (arctic) peregrines in the lower 48 states. The Service's preferred alternative is to simplify the regulations, retain the provision for sale of captive-propagated raptors and continue to prohibit the take of tundrius peregrines in the lower 48 states.

The proposed simplification of regulations would include reduced marking requirements and an improved reporting means. The concept of joint Federal/state permits would be abandoned. However, states would continue to conduct falconry programs and issue state permits under Federal standards. Nothing would prohibit them from having additional standards of requirements deemed necessary or beneficial and not more liberal than Federal standards. The proposed retention of the sale provision and the prohibition on take of tundrius are "no change" positions.

The Service believes that the preferrd alternative would have no biological impact, positive or negative, on raptors, but that it have a largely beneficial socio-economic impact. Simplifying the regulations would reduce Federal requirements in the regulation of falconry, would give states more latitude in operating falconry programs, would reduce administrative burdens, and would ease the requirements imposed on falconers. Retaining the sale provision will benefit propagators financially and maintian a supply of certain desirable raptors that falconers have difficulty in obtaining from the wild. This is especially important in the case of the peregrine falcon, for which the Service proposes to maintain the prohibition of take. Maintaining the prohibition would avoid the complex and lengthy administrative measures nesessary for allowing even a limited take of tundrius peregrines in the lower 48 states, and it would allay the concerns of many who believe that any take would be inappropriate before peregrine populations are fully restored.

PURPOSE AND NEED FOR ACTION

Purpose

Falconry, the sport of taking game with raptors (trained birds of prey) is a universal and centuries old tradition. In the United States falconry was well established by the early part of this century. Falconry and the closely associated activity of captive propagation of raptors are subject to federal and state regulations. Although both activities are relatively small in terms of participants, the governing regulations are lengthy, complex and, in the opinion of some, unnecessarily restrictive. The purpose of this Environmental Assessment is to evaluate these regulations in light of current information and needs, and to propose changes where appropriate. The Assessment applies to regulations specified in Title 50 of the Code of Federal Regulations Parts 21.28-30, i.e., those regulations governing the take and use of raptors for falconry and propagation. It applies to all raptors of the taxonomic orders Falconiformes and Strigiformes listed in 50 CFR 10.13, with emphasis on those listed in Table 1. The Assessment does not apply to the take of other migratory birds by persons using raptors as the means of take. That is the subject of annual regulations referred to in 50 CFR 20.100

Authority and Responsibility

All migratory birds, includeing raptors, are protected, except as their taking and use is permitted under the Migratory Bird Treaty Act of 1918 (as amended) which implements treaties with Great Britian (1916 for Canada), Mexico (1936 and as amended 1972), Japan (1972 and as amended 1974) and the Soviet Union (1978). Regulatory authority for migratory birds in the United States is vested under the Secretary of the Interior with most actions being delegated to the Fish and Wildlife Service. The Service has clear and broad authority in regulating migratory bird activities, particularly those which involve the take or use of birds. Pertinent documentation and discussion of Federal authorities, objectives, history and scope of Federal responsibilities can be found in the Final Suppliment Environmental Statement for the Issuance of Annual Regulations Permitting the Sport Hunting of Migratory Birds (USDI 1988) and in Bean (1983). Authority and responsiblity to establish regulations governing falconry and raptor propagation clearly fall within these guidelines.

Background

Falconry Regulations

Prior to 1972 raptors, with the exception of eagles, recieved no Federal protection. Hence, the takeing and possesion of raptors for falconry and other purposes was not subject to federal regulation. Some states, however, regulated falconry. On March 10, 1972, raptors became classified as federally protected migratory birds under the Supplementing Agreement to the Convention between the United States and Mexico. Raptors thus came under the regulatory authority and requirement vested in the Secretary of the Interior by the Migratory Bird Treaty Act. Later in 1972 the Service announced its intention to develop regulations provideing for the use of raptors. At the same time, interim regulations were adopted stating that falconry could be practiced in the accordance with existing state laws until the Service's rulemaking process was complete. The interim regulations were modified slightly in January, 1974, and remained in effect until January, 1978.

As intended, the Service proposed falconry regulations in July, 1973, and accompanied the proposal with an environmental assessment of the regulations (USDI 1976). The thousands of public comments subsequently recieved and enactment of the Endangered Species Act caused the Service to modify and republish the proposed regulations in April, 1974. Comments again numbered in the thousands, reflecting a continued strong public interest in the subject. Final regulations were published in January, 1976 and became fully implemented January 1, 1978 after states wishing to have falconry had sufficient time to adopt programs meeting federal standards.

The falconry regulations:

-   Required that persons entering the sport demonstate their knowledge or raptors identification, biology, regulation, care and training in a written examination;

-   Established three progressive classes of falconry permits - apprentice, general, and master - depending on the individuals level of experience;

-   Set raptor housing and care standards;

-   Specified stringent marking and reporting rules;

-   Identified species which could be used for the sport and set limits on the number of birds which could be taken and possessed;

-   Established minimum standards to be used by the states issuing falconry permits

As may be expected with such a comprehensive regulatory action, the regulations themselves were lengthy and complicated. To date, 42 states have adopted programs conforming to the regulations and allowing the sport of falconry. As of June 1986, approximately 2,800 falconers possessed falconry permits, the number essentially unchanged from 1974 (USDI 1976).

Propagation Regulations

Prior to the 1960s their was little interest in the propagation of captive raptors. Wild stocks provided a sufficient number of birds for falconry and other purposes. By the mid 1960s, however, population declines in several species of raptors, particularly the peregrine, gave rise to an interest in propagating raptors in captivity. Birds were desired principally for falconry, scientific study and release to restore wild populations. Propagation of raptors by individuals and private concerns came under Federal regulation in 1972, as discussed above. Regulation was accomplished under special purpose permits at 50 CFR 21.27. Propagation was a natural outgrowth of falconry, and the two activities remain closely associated.

Interest in captive propagation of raptors grew steadily, particularly with regard to peregrine restoration projects. Interest reached the point that it was felt desireable to regulate captive propagation by means other than through sopecial purpose permits. Thus, in January, 1983, the Service proposed specific regulations and accompanied the proposal with an environmental assessment (USDI 1982). The regulations became effective in August, 1983, and established standards for the propagation of raptors that in many respects were similar to the falconry standards established earlier. A most important aspect of the regulations was that they allowed the sale, purchase, and barter of captive bred raptors, includeing peregrines. This provision was added to encourage the production of birds for restoration projects and for falconry. It was felt that the availability of captive produced raptors would reduce the take (legal and illegal) of wild birds. The provision for sale, purchase, and barter would also enable falconers and propagators to recoup some of their financial expenses. Nineteen states have adopted all or part of the Federal regulations governing the captive propagation of raptors. During 1985, approximately 215 permitees were engaged in the captive propagation of raptors.

Other Relevant Statutes

The Endangered Species Act of 1973 and the 1962 amendment to the Bald Eagle Protection Act had ramifications for falconry and the propagation of captive raptors. The highly regarded peregrine falcon (subspecies anatum and tundrius ) was listed as endangered under the Endangered Species Act. though the Act prohibited the takeing of endangered species for purposes other than conservation, provision was made for the retention and use of those birds held legally before enactment on December 28, 1973. Endangered species hatched in captivity after that date, however, could not be used for falconry. This changed in November, 1978, when Congress amended the Act to exempt raptors held in captivity (includeing their progeny) from certain prohibitions of the Act. This amendment became known as the "raptor exemption."The raptor exemption, in conjunction with the 1983 propagation regulations, allows for the sale of captive propagated peregrines. Congress proposed to retain the raptor exemption when the Endangered Species Act was up for reauthorization in 1985, despite considerable opposition, includeing a Bill (H.R. 2767) drafted expressly to modify it by prohibiting the sale of captive peregrines. To date, the Act has not been reauthorized, and the Service continues to operate under the 1978 exemption.

The Endangered Species Act served as implementing legislation for the Convention on International Trade in Endagered Species of Wild Fauna and Flora (CITES). CITES was ratified in 1973 and entered into force in 1975. A system governing import/export is in place and affects trade of raptors.

Golden eagles (aquila chrysaetos) came under protection of the Bald Eagle Protection Act with a 1962 amendment to the Act. No provision was made for their use in falconry, although they were traditionally used by a few falconers. A 1972 amendment provided for such use of golden eagles, but regulations were not implemented until 1984. the regulations set rigorous requirements for falconers wishing to use golden eagles.

Need for Action

The raptor regulations summarized above were based on the best knowledge and judgements at a time when there was much concern about the diminished status of many raptor populations. The regulations represented a sincere attempt to assure adequate protection of raptors while at the same time satisfying diverse. someumes conflicting, interests in the use and conservation of raptors, particularly the endangered peregrine falcon. The complexity and length of the regulations bespeake the attempt.

The attempt to balance raptor protection with other human interests has not been without problems. Virtually all interested parties find some dissatisfaction with one or more aspects of the regulations, albiet for different reasons. One area of contention is the regulations per se. They are voluminous and detailed, rigidly controlling all aspects of falconry and propagation from housing and care standards to reporting requirements. Many falconers and propagators consider them to be overly complex and difficult to comply with. Many state wildlife agencies whose task it is to administer falconry programs have had to expend disproportionate efforts in doing so. Others contend that too much has been written into the regulations, with less aimed at managing the use of raptors than at promoting falconry standards and facilitating law enforcement.

In addition to the regulations per se, two more specific areas of contention exist. One the sale of captive bred raptors has been controversial since its adoption in 1983. Proponents, principally propagators and falconers, argue that the sale provision stimulates the production of scarce or otherwise valuable raptors, reducing take from wild stock and providing birds for restoration programs (Berry 1983). Others, principally law enforcement personnel and some private conservation groups, believe that the sale provision coupled with propagation programs provides loopholes and incentives for illegal activities. Some opposition to the sale provision also stems from a general aversion that many have toward commercialization of wildlife.

The other specific area of contention concerns the arctic (tundrius) peregrine falcon, the take of which is presently prohibited in the lower 48 states. Prior to being designated an endangered species in 1970, passage (migrant) tundrius birds were traditionally taken by falconers at coastal migration sites such as the mid Atlantic beaches, Lake Michigan shores and Texas coast. Tundrius populations are widely believed to have recovered to near normal levels following declines during the decades of organoclorine pesticide use, and in 1984 tundrius was officially reclassified from endangered to threatened (49 FR 10520). However, to assure full protection of anatum peregrines which remain endangered, all free flying peregrines in the lower 48 states are treated as endangered under the Similarity of Appearance provision of the Endangered Species Act. Consequently, the take of tundrius in the lower 48 states remains prohibited. Nonetheless, falconers wish to resume the take of tundrius birds. Others hold the view that such take would be premature and possibly retard the recovery of more jeopardized American (anatum) peregrine populations, which could be taken inadvertently.

Results of Operation Falcon have also stimulated interest in the welfare of peregrines and the regulations governing their use. Operation Falcon was a covert investigation conducted by the Service into the illicit trade of raptors, 1981-1984. The operation documented that a number of peregrines were taken illegally from the wild principally for falconry use. Some were 'laundered" by means of regulations permitting the captive breeding and sale of peregrines.

Falconry and raptor propagation are relatively minor activities involving very few people, but concern with the regulations governing them has been considerable, even attracting Congressional attention. The concern with falconry and raptor progagation regulations compels the Service to re-evaluate them in light of current information and needs, and the Service is on record as intending to do so (50 FR 518, 50 FR 4877, 51 FR 18812). Thus, we have the need for this Environmental Assessment.

ALTERNATIVES, INCLUDING THE PROPOSED ACTION

The Service proposes to simplify the regulations governing falconry, retain the provision for sale of captive produced raptors and maintain current restrictions applying to the peregrine falcon. This is one of several alternatives presented below.

Development of Alternatives

The alternatives are developed around the three general areas of contention mentioned above. The areas are the falconry and propagation regulations per se, the sale of captive raptors and the take of tundrius peregrines in the lower 48 states. Theoretically there are three basic alternatives for each area: the regulations could be simplified, made more restrictive or not changed. Practically, however, there are only two each. For the falconry and propagation regulations they are to simplify or not change: there is not a significant desire to further restrict regulations that are already viewed by most as being overly restrictive. For the sale provision the two alternatives are no change, i.e., retain the provision which, in effect, was a liberalization in 1983, or to repeal it, in effect returning to the pre-1983 restrictive situation of no sale. For the tundrius peregrine the alternatives are no change, i.e., maintaining a ban on the take of tundrius in the lower 48 states, or to liberalize by allowing take. The three areas, each with two alternatives, in combination allow eight possible alternatives:

Alternative 1. No action (No Change). Under this alternative the present regulations governing falconry and propagation would remain unchanged.

Alternative 2. The falconry regulations would be simplified, sale provisions would be retained and the ban on take of tundrius in the lower 48 states would be continued. This is the preferred alternative.

Alternative 3. The falconly regulations would be simplified, sale provision would be retained and a limited take of tundrius in the lower 48 states would be allowed.

Alternative 4. The falconry regulations would be simplified, the provision for sale would be repealed and the ban on take of tundrius in the lower 48 states would be continued.

Alternative 5. The falconly regulations would be simplified, the provision for sale would be repealed and a limited take of tundrius in the lower 48 states would be allowed.

Alternative 6. The falconry regulations would remain unchanged, the sale provisior would be retained and a limited take of tundrius in the lower 48 states would be allowed

Alternative 7. The Falconry regulations would remain unchanged, the sa1e provision would be repealed and the ban take of tundrius in the lower 48 states would becontinued.

Alternative 8. The falconry regulations would remain unchanged, the sale provision would be repealed, and a limited take of tundrius in the lower 48 states would be allowed.

Details of Alternatives

For those alternatives in which the falconry regulations would be simplified, changes would be made in the following areas of Part 21: 21.28 falconry permits, (b) permit requirements, (c) applications procedures, (d) issuance criteria, (e) permit conditions: These sections concern the administration of falconry permits. Emphasis would shift from the present Federal/state jointly administered system to largely independent systems. The concept of Federal Falconry Standards would be maintained, as would examination and facility requirements. States would administer their own programs and issue state permits. Federal falconry permits would be issued only to applicants having a permit from a state which meets Federal Falconry Standards.

Federal Falconry Standards (21.29), (e) classes of permits, (g) facilities and equipment, (h) marking, (i) taking restrictions, (j) other: These sections essentially contain Federal guidelines and stipulations. The three permit classes and the restrictions on take and possession would be retained. Permitees would be required to meet Federal requirements and to possess and maintain any additional facilities and equipment deemed appropriate by the state. Marking. i.e., banding, would be discontinued except for certain species considered sensitive for biological, administrative or enforcement reasons. This would include all endangered, threatened and CITES Appendix 1 raptors, as well as species needing special controls, namely, peregrine falcon, gyrfalcon, and Harris' hawk.

Administration of raptor propagation permits (21.30) would remain unchanged and essentially a Federal function. To streamline reporting for falconry permits, a new form would be required for documenting all raptor transactions including takes from the wild, releases, escapes, transfers, sales, losses, and deaths. The transaction form would also document temporary possession of birds held by the permittee for another.

For those alternatives in which the sale provision would be repealed, propagators would no longer be permitted to sell, purchase or barter raptors or raptor semen. They would still be permitted to transfer such to eligible recipients, however, provided that no money or other consideration was involved.

For alternatives in which a limited take of tundrius peregrines was allowed in the lower 48 stares, the Service would authorize falconers to take annually a small number (up to 50) of birds. The take would be closely controlled and occur within the arctic nesting; range or at traditional migration sites where the probability of mistakenly taking anatum peregrines would be low.

Other Alternatives

In addition to the above basic altematives, other possibilities exist. Varying degrees of the alternatives could be proposed, for example, repealing the sale provision for certain species but not for others. These refinements would be numerous and difficult to assess and so will not be considered in depth. Other alternatives, for example, delegating all regulation of falconry and propagation to the states, which would be untenable for various reasons, will not be considered. Nor will alternatives beyond the Service's control be considered. The Congressionally mandated raptor exemption to the Endangered Species Act is an example of the latter.

One possible alternative that could be considered separately would be to repeal the sale provision for peregrines but not for other species. However, the sale of peregrines is essentially the heart of the sale provision. per se. This is clearly evident in the 1982 environmental assessment on raptor propagation (UDI 1982) and in Congressional deliberations over the raptor exemption of the Endangered Species Act (Files, Office of Migratory Bird Management, Washington. D. C.) Thus. considering peregrine sale as a separate alternative would be largely repetitive, and we have chosen not to do so.

AFFECTED ENVIRONMENT: THE RAPTOR RESOURCE

Two taxonomic orders of raptors are covered by the regulations being assessed: Falconiformes and Strigiformes. The orders include some 60 species protected by Federal regulations and listed in 50 CFR 10.13. Eighteen are of importance to falconry and will receive principal anention (Table 1). A general description of raptors, their distribution and habitat is provided in Environmental Assessment: Proposed Falconry Regulations (USDI 1976) and will not be repeated here. Current population statusand trends of various species are of paramount importance and will be elaborated on.

Status and Take of Raptors

Falconry, and to a much lesser degree, raptor propagation result in the take of raptors from the wild. In evaluating the status of raptor populations and assessing the impact of take on them, we have assumed that a bird taken from the wild is permanently removed from the population, ie its removal is treated as a form of mortaly. This is a conservative or worst case approach, because in fact many raptors taken for falconry are returned to the wild deliberately or accidentally (Kenward 1974). A recent survey conducted by the International Association of Fish and Wildlife Agencies (IAFWA) indicates that as many as 50 percent are returned to the wild (Brohn 1986) (Table 2). Evidence exists to show that some returned birds become viable members of the wild populations, and in Bntain a population of goshawks is thought to have become reestablished by birds escaped from falconers (Newton 1979). Additionally, many birds taken by falconers are nestlings or young birds whose probability of surviving to breeding age is low. Some progeny of captive birds may be released to the wild. These mitigating and interacting factors make it difficult to determine the net take, so we adopt the consenrative approach and assume all take to be permanent removal.

Information on raptor populations and take is available from several sources, the uses and limitations of which are discussed below. Generally, the data are reliable, but do not lend themselves to rigorous statistical analyses. Contemporary approaches to developing and testing hypotheses about exploitation of animal populations are not feasible in the case of raptors, and indeed are difficult even for birds for which a relative wealth of data exists (Anderson and Bumham 1976, Rogers et al. 1979). Consequently, the inferences drawn herein are, for the most part, based on simple comparisons of population size and take. Such comparisons usually lead to an obvious conclusion about the impact of falconry and propagation on populations.

Separate species accounts of status and take are presented below. Inferences about the impact of take are made with reference to the species' population as a whole. For most species it is not possible to reduce the assessment to regional or state levels. Also, most raptors are widespread, and it is reasonable to assume that the take of raptors impacts on the population as a whole and is not concentrated geographically. However, to some extent, this assumption might be incorrect with local populations being affected more than total populations where falconers might be concentrated.

Sources of information on Populations

Most raptors are solitary, wide-ranging, and occur at low densities. Conventional methods of counting birds often are not practical for raptors, and, to date, suitable. range wide, raptor specific surveys have not been developed (Fuller and Mosher 1981). However, raptors are counted as part of general bird surveys such as the Breeding Bird Survey (BBS) and the Audubon Christmas Bird Count (CBC); and at some localities counts of migrating raptors are conducted. Numerous special, species-specific studies also provide information on raptors. Careful analysis of these various data allows a reasonable ascertainment of the status of most raptor populations.

The BBS is conducted annually by the Service...

MISSING TEXT in the report

...the breeding season along randomly located roadside routes. Individuals of all species of birds, including raptors, are recorded. Routes are located on secondary roads and consist of 50 three-minute counting locations 0.5 miles apart. Approximately 2,000 BBS routes are surveyed annually, and most physiographic regions of the United Stales and southern Canada are covered (Bystrak 1981). Although the BBS was not designed for raptors, at least some raptors are counted on virtually all routes, and some common species, e.g. the red-tailed hawk, are counted on most routes.

In analyses of BBS data the mean count of birds per route is commonly used as an index of a species' population level. Individual counts are known to be affected by factors such as observer differences and weather. However, with large samples of routes, potential biases due to these factors are generally assumed to be compensatory or constant over time, thus allowing for the use of mean counts as indices that renect relative abundance, year-to-year changes and long-ten trends. The population status of many species has been determined by analyzing BBS data in this manner. Herein, the same approach is used as one means of assessing the status of some raptor populations. The BBS data used are found in Table 3.

Audubon CBCs are conducted annually around Christmas time at many locations in the United States and southern Canada. Count units are nonrandomly located circles 15 miles in diameter. Varying numbers of volunteer observers participate in the one day counts, attempting to record as many species and individuals as possible (Beck and Root 1981). Over 4,000 counts are conducted annually. Because of the variable effort and methods asscciated with gathering them, CBC data are viewed generally as being less reliable than data from more rigorous, standardized surveys designed to monitor bird populations scientifically (Arbib 1981). Inferences from CBC data must be drawn cautiously.

Recently the Cornell Laboratory of Ornithology, under a Service contract, attempted to evaluate CBCs as indicators of population trends for certain species including several raptors (Butcher, Fuller and Rues, in prep.) The Cornell study indicated that raw CBC counts adjusted for effort can provide useful trend information. Therefore, some results of the Comell study (Table 4) are used herein assessing the status of some raptor populations.

Counts of migratory raptors are made at certain locations where topography and weather conditions favorable to migration combine to concentrate substantial flights of birds. Perhaps best known of these locations is Hawk Mountain near Kempton, Pennsylvania, where fall migrating raptors have been counted sines 1934. Other well known migration sites are Caps May, New Jersey, and Hawk Ridge near Duluth, Minnesota. The use of migration data for assessing population trends has been viewed with some skepticism for the same reasons that CBC data have, principally because the data are from nonrandom sampling and variable effort and procedures. In recent years. however, attempts have been made to standardize migration counts. Groups working under Service contracts have been counting raptors according to standard procedures at several migration sites. Their data provide useful insights into the status of raptor populations (Tables 5, 6, 7).

Other information on the status of raptor populations comes from special studies that typically are species-specific and regional or local in nature. For example, Canadian wildlife agencies have conducted extensive surveys of gyrfalcons in the subarctic and arctic region of Canada. Information from special studies is used herein where appropriate to supplement information from the more general sources.

The Service maintains two lists of birds of special concern: Migratory Nongame Birds of Management Concern in the United States: The 1987 List (USDI 1987) by the Office of Migratory Bird Management and the "Watchlist" by the Office of Endangered Species (50 FR 37958). The National Audubon Society maintains a similar list referred to as the "Blue List" (Tate 1986). A species' inclusion on these lists is often based on empirical data or the collective opinion of knowledgeable persons. These lists do not necessarily provide useful statistics, but they do indicate species whose population status may warrant special concern. The lists will be referred to occasionally in the individual species accounts.

Sources of information on Take

Most of the take of raptors for falconry or propagation is legally sanctioned and is well documented. 50 CFR Part 21 requires detailed record keeping and annual reporting of birds taken or held by falconers and propagators. Summary statistics are maintained by state conservation agencies and regional offices of the Service's Division of Law Enforcement (Table 2). Similar statistics are maintained as a matter of interest by the North American Falconer's Assodation and the North American Raptor Breeders Association. Recently, the IAFWA surveyed all 42 states that permitted falconry and compiled statistics on the number of falconers and their take (Brohn 1986). Although the statistics (Table 2) are from essentially the same original source as the Service's statistics, they differ slightly because different years were emphasized. In keeping with the conservative approach taken in assessing the probable impact of falconly on raptor populations, we use the generally higher and more recent IAFWA statistics in the individual species accounts.

Our knowledge of illegal take is incomplete, but the recent Operation Falcon conducted by the Service's Division of Law Enforcement has provided some insights. Some 77 subjects were charged with a variety of violations, many of which involved the illegal take of raptors from the wild. About 450 raptors were estimated as being taken illegally (Table 8) in the United States and Canada during the Operation. Included in the estimate are raptors of undetermined origin that were sold, smuggled or otherwise unlawfully possessed and raptors taken from the wild and corroborated by one or more of the following standards:

The raptor was obtained by the government during the investigation; The raptor was observed by an agent during the investigation;

While subjects were engaged in plea bargain negotiations or other post arrest interviews, they admitted to the unlawful take of the raptor;

Statements were made by subjects conceming unlawful take of raptors under circumstances where there was some assurance the statement was true;

Information provided by one subject was corroborated by a statement from a different subject; or

The subject making the statement had either the opportunity to engage in the illegal act, or the opportunity to substantiate his own claim.

Operation Falcon also identified the most highly desired species and provided information on the types of violations most commonly made.

Raptor Propagation

Propagators are required to furnish detailed reports of raptors held and produced. The statistics are complied by the Service's Division of Law Enforcement. Table 9 contains a summary of raptors held and produced in 1985.

Species Accounts

Northern Goshawk: Goshawks are large and aesthetically attractive birds. They have a highly opportunistic and aggressive hunting behavior toward ground-oriented prey. Somewhat temperamental, though, they are popular only with more experienced falconers. Propagators have shown some interest in goshawks, but their Success in producing birds has been poor.

The status of goshawks is more difficult to determine than the status of other species. Goshawks are primarily birds of the northem forest. Fluctuations in populations of their prey affect their movements. In years of low prey populations, goshawks are observed to move south from Canada into northern states in higher than normal numbers. The variation in annual counts at Hawk Ridge (range 37 to 4.963) reflects this. To a lesser degree, Hawk Mountain counts have also been variable. Caps May counts have not shown great variation and have increased (1976-1985) with the 1985 count of 86 goshawks being a record high. CBC data show approximaiely 68 percent more goshawks observed in 1981-83 than in 1970-72. Goshawks are observed so infrequently on BBS routes that no inferences can be drawn from BBS data.

Falconers reported taking 69 goshawks in 1985. In 1985 propagators held 18 goshawks which produced one young.

While the available population data do not lend themselves to a precise determination of the goshawk's status, there is no indication that goshawk populations are not at satisfactory levels. The absence of the goshawk on species of special concern lists (Audubon and FWS) suggests likewise. In view of this, the take by falconers is likely of no consequence to goshawk populations.

Sharp-shinned Hawk: Sharp-shins are abundant and easily obtained by the falconer. But they are nervous, high-strung and difficult to maintain, putting them beyond the capabilities and interests of most falconers. Suitable quarries for them are are limited. Consequently, few falconers fly sharp-shins. Likewise, the propagators interest in sharp-shins is nil.

Sharp-shins are another species that apparently declined until the early 1970s when use of organochlorine pesticides was curbed (Evans1982). Migration counts suggest that they then increased through the 1970s and leveled off during the 1980s. BBS data indicate the same. Even during their period of apparent decline, sharp-shins were relatively abundant compared to most other raptors. As many as 61,000 have been counted during a single migration season at Caps May. There remains some concem about their numbers in some locales. however, and sharp-shins are on Audubon's Blue List.

Falconers reported taking 10 sharp-shins from the wild in 1985. Two were reported held as breeding stock by propagators in 1985. No young were produced. Clearly, this level of take is of no consequence to the sharp-shin population.

Coopers Hawk: Except where quail hawking opportunities exist, falconers have not shown great interest in flying Coopers hawks. Propagators likewise have shown little interest in Coopers hawks.

Coopers hawk populations were low during the late 1960s and early 1970s (USDI 1976) and the cause was thought to be pesticides. Coopers hawks are apparently recovering in the East. Migration counts have increased at Hawk Mountain (1972-85) and Caps May (1977-85) where a record high of 2.688 was counted in 1985. BBS data also indicate that Coopers hawks have increased in the East.

Cooper's hawks breeding and migrating through north central states have not recovered to the extent that eastern birds have. Migration counts at Hawk Ridge show a sharp decline from 1972 to 1977 and no recovery thereaner. BBS data indicate the same. The Cooper's hawk is on the Audubon Blue List. Falconers reported taking 61 Cooper's hawks from the wild in 1985. In 1985 propagators held 18 Cooper's hawks that produced 5 young. Though populations are down in some areas, the status of Cooper's hawk is generally satisfactory. The small take of Cooper's hawk is likely of no consequence to populations.

Red-tailed Hawk: Red-tails are popular falconers birds. They are easy to obtain, handle and train. Thus, they are good birds for novice falconers. Many experienced falconers also fly red-tails because they are large, powerful, general purpose birds well suited for large quarries, particularly rabbits. Propagators have shown little interest in red-tails, the birds being readily obtainable from the wild.

Red-tails are widespread and abundant. They feed primarily on mammals and were not affected seriously by pesticides as were raptors that feed on birds or fish. Migration counts at Hawk Mountain and Caps May show no discemible trends. Counts at Hawk Ridge are variable, ranging irom 2,193 to 10,887 during the period 1972-85, and indicate no trend. BBS data going back to 1966 suggest that red-tails have increased.

Falconers reported taking 270 red-tails from the wild in 1985. Propagators held 13 redtails as breeding stock in 1985. No young were produced. This level of take likely has no effect on the red-tail population, which all information indicates is doing well.

Harris' Hawk: Formerly Harris' hawks were only of minor local interest to falconers. The Harris' hawk's popularity has grown considerably in recent years, though. They are handsome, versatile birds, good hunters and easy to train and care for. Harris' hawks are flown now by falconers in many parts of the country distant from the bird's natural range. Harris' hawks breed readily in captivity, and an increasing number of propagators are producing them in significant numbers. By the end of 1984, 100 captive bred Harris' hawks had been placed in the wild in southern California in an attempt to reestablish a breeding population there (Cade and Dague 1984). A few have also been released in Texas to bolster local populations.

The Harris' hawk is found mainly in Latin America. It's range extends marginally into the southwestern United States where locally it is relatively common. The total U.S. population is unknown, but likely is a few thousand. Harris' hawks are nonmigratory, and consequently, migration data are not available. However, the birds are observed on a small number (approximately 18) of BBS routes each year. Data from those routes suggest no discemible trend in the population. CBC counts indicate that 38 percent fewer Harris' hawks were observed in 1981-83 than 1970-72. Other, albeit less quantitative, information is available from a number of reliable sources. Reports from Arizona, New Mexico and Texas (Glinski. Hubbard and Thompson, personal communications) indicate that Harris' hawk populations are stable. Others (Hamerstrom and Keil, personal communications) report that they may be declining in Texas due to habitat loss. The most comprehensive and up to date information comes from a report by Bednarz et al. (in press) who conclude that Harris' hawks have declined significantly in Texas and Arizona due to habitat loss. They do not believe that the legal take by falconers has had a major effect on populations, but they recommend that Harris' hawks receive special attention and be recognized officially as a sensitive species. The Harris hawk is listed by Audubon as being of local concern, and has recently been included in the Service's 1987 list of birds of management concern (USDI 1987). Quoting from that document:

"Justification: Harris' hawk is of Special Concern in California, where it is extirpated as a breeder. Natural Heritage status in California listed as imperiled. Nominated by the MBC Service's regional migratory bird coordinator in Region 2. Listed as a Local Problem species on the 1972-81 Blue Lists. Two independent analyses of CBC data suggest substantial population declines--38% decline in the number of birds counted/party-mile at 16-28 sites in the southwestem U. S between 1970-72 and 1981-83 (Butcher 1985a and b); and a 68% decline in (the number of birds counted/party-hour at 7 sites in Texas, 1957-84, with the most substantial declines occurring between 1969 and 1984 (Bednarz et al. In press). The degree to which these data accurately reflect actual trends in the population is unknown, but suggests the need for continued monitoring. Between 1981 and 1983, the total U. S. wintering population was estimated at 3900-5900 birds (Butcher 1985a). Some authorities (Whaley 1986, Bednan et al. In press) have attributed population declines and range contraction in this species to habitat loss (e.g. mesquite eradication programs that precede establishment of cultivated fields and brush free pasture lands). We recommend listing on the basis of the species' patchy distribution, small U. S. population, evidence of population declines, and the threat of loss or fragmentation of the palo verde-saquaro or mesquite scrublands required for nesting."

Falconers reported taking 34 Harris' hawks from the wild in 1985. Propagators reported holding 169 birds that produced 142 young in 1985. The current level of take is probably not of serious consequence to populations, however it should be monitored.

Gyrfalcon: As a group falcons are the raptors most desired by falconers and propagators. The gyrfalcon is the acknowledged king of falconers, a bird prized the world over. It is the largest of falcons, beautiful, swift, persistent in chase, and remarkably easy to tame. Few falconers have not dreamed of flying a gyrfalcon. Few ever do, however, for gyrfalcons are arctic birds and difficult to obtain. They require regular hard exercise over large open expanses. Close attention to their needs is necessary to keep them in good health and hunting condition. Because they are difficult to obtain from the wild and have commercial value, propagators have shown a significant interest in gyrfalcons.

Gyrfalcons are widely but thinly distributed across Alaska and northern Canada where systematic, rangewide surveys are not feasible. Migration count data are not available for gyrfalcons. Small numbers do move into southern Canada and the northern U.S. depending on weather conditions and the availability of prey, but they do not migrate in the sense that same other raptors do. BBS data are not available either, because gyrfalcons breed far north of the surveyed area. Some CBC data are available. Total counts of 2 to 4 gyrfalcans were reported from 900 routes during the period 1970-72. During 1981-83 total counts ranged from 25 to 37 on about 1.400 routes. These counts are small and van'able, though, precluding any inferences about population change,

Most information relevant to the status of gyrfalcons comes from special studies. Parts of Alaska's North Slope and Seward Pennisula have been surveyed. Nesting densities ranged from one pair/165 so. mi. to one pair/650 so. mi. (Roseneau 1972, Swartz et al. 1975, Cads 1982). Populations have fluctuated with food supply over the years, but no long term trends have been evident Cads and White (1976) summarized Alaskan reports and suggested a total of 150 known eyries. Cads later (1982) estimated the total Alaskan breeding population to be 300-500 pairs. Most recent assessments, albeit, the subjective, professional judgements of persons familiar with Alaskan gyrfalcons (Cads and Schempf, personal communications), are that the Alaskan population is stable and secure and remains in a healthy productive state.

Gyrfalcons breed across northern Canada from the Yukon to Labrador (Newfoundland). They have received considerable attention in the Yukon and Northwest Tenitories, less in the Provinces of Bntish Columbia, Ouebec and Labrador. Interest in a regulated take of gyrfalcons prompted both Territories to conduct surveys of population density and production. In a six-year study in the Yukon, production was documented on about 75 percent of the gyrfalcon's range (Mossop at al. 1985). It was estimated that a population of about 700-800 breeding pairs was producing 600-800 young per year. In the vast Northwest territories only about five percent of the potential breeding range was surveyed. Annual known production was 344 young. It is not reasonable to extrapolate that number to a Territory-wide estimate. Nonetheless, one can surmise that the total population and productivity in the Northwest Territories must be substantial. In both Territories, populations and productivity are thought to fluctuate somewhat in response to prey densities, but are stable over the long term. Martin (1978) summarized the status of gyrfalcons in Canada as being good. Populations are likely to remain good and secure because of the remoteness and vastness of the gyrfalcon's habitat.

Both the Yukon and Northwest Territories have experimented with limited; controlled takes of gyrfalcons for falconry and propagation purposes. In the Yukon an average of 10 young (about 5 percent of productivity) per year was removed from study nests with no apparent effect. In the Northwest territories the Inuit were provided an opportunity to harvest gyrfalcons for commercial export. Only four birds were taken 1981-84.

Falconers reported taking 11 gyrfalcons in 1985. Propagators reported holding 40 gyrfalcons which produced 14 young in 1985. The gyrfalcon is not on special concerns lists, but in 1985 against the wishes of Canada (Mossop et. al 1984) it was listed as a CITES Appendix 1 (threatened with exfinction) species. In summary, gyrfalcan populations appear to be stable, healthy and productive in the U.S. and Canada. The small, and to some extent, controlled take appears to be inconsequential to populations.

Prairie Falcon: Of the large falcons, prairie falcons are the most readily obtained by falconers. Although less predictable and more difficult to work with than peregrines, they are popular because of their accessibility and hunting performance on gamebirds. Praine falcons are hardy, and they reproduce well in captivity, making them popular among propagators as well as falconers.

Migration data useful to this assessment are not available for prairie falcons. They are westem birds and consequently are not counted at the eastern migration sites. Recently counts of migrating raptors have been started at western locations such as the Goshute Mountains, Nevada, but the counts have not been conducted long enough to yield meaningful population trends.

Several special studies relevant to the population status of prairie falcons have been conducted. Generally the investigators felt that prairie falcon populations were declining or at best stable in the late 1960s or 1970s. Fyfe at al. (1969) reported a 34 percent reduction in occupied territories in parts of Alberta and Saskatchewan, Canada Garrett and Mitchell (1973) concluded that California's prairie falcons were declining in 1972. Prairie falcons may have been declining in western Oklahoma according to Platt (1974). In Oregon, Denton (1975) conducted a population modeling exercise and postulated that Oregon's prairie falcons were declining. Some investigators, however, felt that in parts of their range prairie falcons were stable, e.g., western Montana (Leedy 1969) and New Mexco (Plan 1974). Regarding the reported declines, some investigators viewed pesticides as having a detrimental effect on prairie falcon populations (Fyfe at al. 1969, Leedy 1969). Enderson and Barger (1970) demonstrated experimentally that prairie falcons were susceptible to organochlorine pesticides, but nowhere was there obtained conclusive evidence linking pesticide use to a general decline of prairie falcons. Snow (1974), and Evans (1982) in reviews of existing literature concluded that prairie falcons were maintaining adequate productivity and that populations appeared to be stable.

Regardless of probable causes and whether they were actually declining, prairie falcon populations have apparently increased recently or have at least changed from declining/stable to stable/increasing status. Fyfe (1977) reported that the Saskatchewan and Alberta populations in decline earlier were recovering. Plan (1981) considered a northeastern Colorado population to be stable. BBS data indicate an increase in prairie falcons since the late 1960s. This is corroborated by CBC data which show a 145 per cent increase in the number of birds observed per 1000 party-miles between 1970-72 and 1981-83. The prairie falcon is not on lists of special concern. Populations appear to be at satisfactory levels.

The level of interest in prairie falcons, and thus the take, is comparatively high, but does not appear to be significant in light of the status and probable size of the population. Falconers reported taking 158 prairie falcons from the wild in 1985. In 1985 propagators held 106 prairie falcons which produced 69 young. How many breeding birds are obtained from the wild annually for propagation is undetermined but is likely a small percentage of the total held. Thus, the total take of prairie falcons from the wild is probably less than 200 per year. The total prairie falcon population is unknown but likely in excess of 10,000 or more by educated guesses. Thus, the current take is probably inconsequential to the population as a whole.

As with above species accounts, this inference about the probable impact of take of prairie falcons is based in part on comparison of population size and take. Some supporting experimental data are available, however. In a 1982-85 Wyoming study, Runde (1986) investigated the effects of a controlled harvest on a population of approximately 80 breeding pairs of prain'e falcons. Nesting success of two subgroups, one harvested, one not, was monitored closely. From 0 to 27 percent of the nestlings were removed each year from the harvested group. It was concluded that the harvested and unharvested groups were comparable in terms of nest site occupancy, fledging success and reproductive rates. But further study of the population was recommended to determine long-term effects of the harvest.

Peregrine Falcon: Swift, superb hunter of birds, easy to work with and more obtainable than the gyrfalcon, the peregrine is a premier falconers bird. No other raptor symbolizes falconry so well and appropriately. Peregrines have always been prized highly by falconers, and they are of great interest to propagators now that take from the wild is restricted by the Endangered Species Act The peregrine is also recognized and regarded highly by the general public. To many it symbolizes endangered species and the programs developed to restore them. Because of its high profile and its formal listing as an endangered species, the peregrine's status will be discussed in greater detail than either species considered in this Assessment.

Peregrines are classified into three subspecies on the North American continent. Peale's peregrine F. p. pealei is a large, dark bird resident year round in the coastal areas of westem Canada and Alaska out into the Aleutians. The arctic or tundra peregrine (F. p. tundrius) is a recently described (1968) subspecies breeding in the northern tundra regions from Alaska across Canada to Greenland. The American peregrine (F. p. anatum). breeds in the interior of Canada and the United States. Both tundrius and anatum are migratory, with most birds wintering in Latin America.

Peregrine populations declined greatly in the 1950s and 1960s. The most serious and pervasive cause of the decline was pesticides, particularly DDT. An extensive body of literature documents the negative relationship between pesticides and peregrine reproduction (see Hickey 1959, Evans 1982, and Henny et al. 1982 for numerous other references on the subject). Peregrine populations generally reached lows in the early 1970s, earlier perhaps for some anatum populations and later for some tundrius. In Alaska, tundrius declined to about 35 percent of its historical levels, and anatum declined to 45 percent (Ambrose et al. 1985). Fyfe et al. (1976) reported that most Canadian arctic populations (tundrius) investigated declined to less than 50 percent of their previously known maximums and that anatum populations in interior Canada also declined. Migration counts at Hawk Mountain, Pennsylvania, declined greatly into the 1970s and fewer coastal migrating peregrines were counted (Beny and Ward 1975). By 1972 breeding populations in the western United States (anatum) had declined to less than 20 percent of their former levels (Cads 1975. Walton 1985). In the eastern United States and Canada where once 350 pairs nested, anatum was extirpated. Only pealei populations, isolated and relatively unexposed to contaminants, maintained stability.

In 1965 a landmark conference at Madison. Wisconsin, (Hickey 1969) added greatly to growing concerns about the status of peregrines. In 1970 the formal listing of the peregrine as an endangered species added protection and gave impetus to programs aimed at restoring populations. Most important of all, in June 1972, the Environmental Protection Agency banned the use of DDT in the United States. That single action did more than anything else to halt the decline of peregrine populations. There was some lag time between these events and beginnings of recovery in peregrine populations, but by the late 1970s cautious optimism was being expressed.

The current status of the peregrine is generally much improved over the early 1970s. Some populations have been slow to recover, but others are nearing or at normal. historic levels. Tundrius populations, which declined later and to lesser degrees than anatum populations, were thought to be recovering well by the early 1980s. In 1984 the official status of tundrius was downgraded from endangered to threatened (a href="note1">1) (49 FR 10520), although there was considerable controversy over population estimates used in justifying the downgrade (48 FR 8796). Regardless, it now appears that tundrius populations are, in fact, recovering well. Ambrose et al. (1988) reported tundrius in Alaska to be near normal levels. In Canada Fyfe (1988) reported them to be stabilized or recovering, and Bird (1988) reported a small Ungava Bay population to be increasing since 1982. A Greenland population of tundrius is reported to be healthy and stable if not increasing in recent years (Manor 1988). Counts of coastal migrating peregrines, most of which are tundrius peregrines, substantiate these area reports. The 1986 count at Caps May is a record high for that station which has reported increasing numbers of peregrines in recent years (Sutton, personal communication). Coastal migrating peregrines are also counted at Assateague Island, Maryland, although some duplication of Caps May counts undoubtedly occurs. Assateague counts have increased greatly since their inception, from less than 100 in 1970 to 1986's record count of 838 (M.A. Yates. personal communication). Spring migration counts at Padre Island, Texas, have increased by a similar degree. Counts of migrating peregrines are less conclusive at inland sites where fewer are counted and the proportion of tundrius birds is not well known. Hawk Ridge counts show an increase in recent years. Hawk Mountain counts during the past five years have shown some improvement over counts from the 1970s. So do observations from a Cedar Grove, Wisconsin, site (Berger 1975).

Anatum populations appear also to be recovering, but more slowly than tundrius populations. In Alaska anatum peregrines have increased to near normal levels along major rivers (Ambrose et al. 1988) Fyfe (1988) reported that in northem Canada anatum had stabilized or was recovering, but southern anatum remained at low levels despite releases of captive reared birds into the population.

In the western United States, Rocky Mountain anatum populations have been bolstered with the release of 700 captive produced birds, and productivity in the wild is increasing (Burnham 1988. Craig 1988, Ellis 1988). In Califomia breeding pairs have increased substantially from 10 in 1975 to 82 in 1985 (Walton 1988). Natural production from the California peregrines is being limited still somewhat by environmental contaminants (Risebrough 1988, Peakall 1988), but elsewhere contaminant levels appear to be no longer limiting (Ambrose at al. 1988, Barclay and Gilroy 1988, Ellis 1988. Enderson 1988. Henny at al. 1988). Restoration efforts are also underway in the upper Midwest (Redig 1988).

In the eastern United States extirpated anatum populations are being replaced through releases of captive produced birds. Numerous released birds have been successful at nesting and producing young. through 1985, 752 birds had been released, there had been 62 confirmed nesting attempts, and 128 young had been hatched (Barclay 1988). Several more years of releases and work will be required before Recovery Plan goals of breeding plan are reached, but prospects are good for viable, restored populations of peregrines in the contiguous United States.

Falconers reported taking nine peregrines from the wild in 1985. The subspecies of these birds is not specified, but presumably they are pealei from Alaska. Pealei peregrines are not covered by the Endangered Species Act and may be taken subject to other Federal and state statutes. This take of nine birds is obviously of no consequence to peregrine populations. Operation Falcon documented a number of peregrines taken illegally from the wild (Table 8). From a continental perspective such take probably has no significant impact. However, recovery of certain local populations of anatum peregrines could be hindered by illegal take. Illegal take may be a factor in the relatively slow recovery of anatum in the intermountain West.

It is not clear how many peregrines were possessed by propagators in 1985, but 391 young were produced. Eighty percent were produced by the Peregrine Fund Inc., and most were released to restore wild populations

Merlin: Its disposition, hunting performance and ease of training have made the merlin a traditional favorite among a specialized group of falconers. It has not received much interest from propagators, however. Like other raptors that feed on birds, merlins were susceptible to the organochorine pesticides prevalent in the environment in the 1950s and 1960s. They apparently declined in number until the early 1970s. Since then they have been increasing. Fall migration counts of merlins have increased at all three major migration locations where they pass. During recent years, counts at Hawk Mountain have been higher than the long-term average, and at Cape May the 1985 count of 21876 was a record high. CBC and BBS data also indicate that merlins have increased. The merlin is not on special concerns lists.

Falconers reported taking 39 merlins from the wild in 1985. In 1985 propagators reported holding 15 merlins that produced 4 young.

The status of merlins appears to be satisfactory with the population increasing. The population size is likely sufficiently large that the small take of merlins is inconsequential.

American Kestrel: Kestrels are small and unspectacular hunters. They do not fly well to field quarries and rarely take prey larger than mice or spanows. Despite these drawbacks, kestrels are popular falconers' birds. They are colorful, readily obtained and easy to tame. Kestrels are a traditional beginners bird. Kestrels breed readily in captivity. However, propagators have shown little interest in them, because they are easily obtained from the wild.

Migration counts at Hawk Ridge and Hawk Mountain where several hundred kestrels pass each year show no trends over the period 1970-85. The same is true at Cape May where thousands (22,000 in 1981) are counted each fall. BBS data suggest that kestrel have increased since the mid-1960s. The kestrel is not on special concerns lists.

Falconers reported taking 52 kestrels from the wild in 1985. In 1985 propagators held 11 Kestrels that produced 6 young. Considering that kestrels are widespread, relatively abundant and stable or increasing in numbers, the annual take by falconers and propagators is inconsequential.

Other: A number of other raptors are of very minor or local interest to falconers and propagators and do not warrant detailed individual discussions. Most are unspectacular hunters of small rodents and have little appeal beyond novelty. Some are declining in number. The red-shouldered hawk, Swainson's hawk, ferruginous hawk and northern harrier are all on special concern lists. Except for the harrier, habitat loss is generally thought to be the cause of decline. The cause is not clear in the harrier's case. Other species appear to be stable (broad-winged hawk, rough-legged hawk) or increasing (golden eagle, great homed owl). Golden eagles have become common over much of theWest in recent years. Phillips and Beske (1983) reported a density of one nesting pair per 23 so. mi. on a 2,646 sq. mi. study area in northeastern Wyoming. Great horned owls are considered by some to have reached nuisance proportions in some areas.

Falconry and propagation are of virtually no consequence to these other species. Collectively, falconers reported taking 18 birds of these species in 1985. In 1985 propagators held fewer than 50 birds of all these species combined. Few young were produced.

Summary

Generally, raptor populations appear to be at satisfactory levels with many species having increased from low levels reached during the 1960s and early 1970s. The increases can be ascribed to the ban on certain pesticides, protective laws, improved public awareness and appreciation of raptors, and in some cases, active management such as the release of birds to re-establish populations. However, a few species are declining, principally because of habitat changes. The Harris' hawk is the only declining species that is of importance to falconry.

Generally, the take of raptors from the wild by falconers and propagators is small, self limiting and can be safely regarded as inconsequential to populations. Stringent controls on the take and use of most species are not necessary.

ENVIRONMENTAL CONSEQUENCES

In assessing the environmental consequences of the alternatives we have assumed take of raptors from the wild to be permanent removal from a population. This is a conservative approach for reasons discussed above. In discussing environmental consequences we emphasize the consequences of change in the three areas of contention: simplification of regulations, repeal of sale of captive produced raptors, and the take of tundrius peregrines in the lower 48 states. This is a departure from the norm wherein the eight possible alternatives that can be had from combinations of change and no change in the three areas of contention would be discussed individually. However, in Table 10 we do summarize and compare the consequences of all eight possibilities.

Simplify the Regulations

Effects on Raptors

USDI (1976), which originally proposed the current falconry regulations, contained a detailed analysis of the impacts that the proposed regulations would have on raptors. It was concluded then, when many raptor populations were depressed, that the proposed regulations, exercised at then current levels or participation, would have a negligible impact on raptor populations.This seems to have been borne out in the years since that conclusion was reached. The present Assessment shows most raptor populations to be increasing, numbers of falconers stable, and legal take by falconers down from approximately 1.500 in 1974 to 731 in 1985 (Brohn 1986). In companson, raptor populations are numerically large, and the take is spread over many species and geographic areas. Thus, while simplifying regulations would mean that small numbers of individual raptors would continue to be removed from the wild and that local populations possibly could be overharvested, it would have no impact on raptor populations as a whole. We are led to conclude even more confidently in 1986 that falconry has a negligible impact on raptor populations.

USDI (1982), which originally proposed the current propagation regulations, also contained an analysis of impact on raptor populations. It was reasoned the captive-bred raptors would be released to the wild in restoration programs, that captive-bred raptors would be available to falconers in lieu of wild birds, thus reducing take from the wild, and that few birds would be taken from the wild for propagation. It was concluded then that the proposed propagation regulations would have a net benefit to raptor populations. Except in the case of the peregrine, it is not apparent that raptor populations have benefited generally from captive propagation. Recent increases in raptor populations are due to other factors, principally the EPA bans on organochorine pesticides. Regardless, for the present Assessment, propagation regulations cannot be shown to have been detrimental to raptor populations.

In summary, the preferred alternative of simplifying regulations would have no impact on raptor populations.

Socio-economic Effects

The preferred alternative (simplification of regulations) would have some socio-economic effects. Falconers would be required to obtain two permits (Federal and state) rather than the present single joint permit. Falconers would benefit from the reduced banding requirements. Falconers, propagators, states and the Service would all benefit from the new raptor transaction form which would simplify record-keeping and reporting.

A possible negative social impact is that some concerned individuals and groups may object to the simplification of regulations as allowing further expansion of activities that they view as being inhumane or otherwise objectionable.

Falconry and raptor propagation are economically insignificant activities whose monetary impacts are difficult to calculate. Regardless, it is unlikely that the proposed action will have any economic impact.

No Change: Retain same regulations.

No change, the other general alternative here would have no impact on raptor populations. However, no change would continue the dissatisfactions with the regulations.

Repeal of Sale Provision

Effects on Raptors

Repeal of the sale provision in the raptor propagation regulations generally would have no impact, positive or negative, on rapter populations. It is likely that with repeal of sale fewer captive bred birds would be available to falconers, thus causing an increase in take from the wild. However, even a modest increase would be inconsequential in view of the already low level of take and the comparatively large number of raptors available from generally increasing populations. An exception to these generalities concerns the Harris' hawk, an increasingly popular bird among falconers and one that is readily and commonly produced in captivity. It is possible that with repeal of the sale provision, fewer Harris' hawks would be produced and demand for wild birds would increase. Locally depressed populations, of which there are some, could be adversely impacted by an excessive take for falconry.

It is unlikely that repeal of sale would result in reduced production of peregrine falcons for restoration projects, thus retarding recovery of anatum populations. Most peregrines are produced by a very few large scale operations working as part of agency sanctioned and supported recovery plans. These operations would continue under special arrangements. Their success would not be affected significantly by repeal of sale.

Repeal of sale theoretically would remove some incentive for illegal take from the wild for purposes of laundering through propagation facilities and ultimately of sale. However, such illegal activities are not known to occur at levels that would affect raptor populations.

Socio-economic effects

Repeal of the sale provision would have some impact on some falconers and raptor propagators, but would have no impact an society in general, because falconry and raptor propagation are such small activities. The sale provision has been in effect for three years. Sale of raptors has not developed into a significant enterprise, though, largely because the market is limited to a relatively small number of persons, mainly falconers, who are eligible to buy captive bred raptors. Nonetheless, some propagators do sell birds, and repeal of sale would deprive them of some income. It is doubtful that any livelihoods are at stake, but same propagators would probably cease producing birds when they could no longer recoup their investment. This in turn would deprive some falconers of a source of birds. In particular, this would affect those falconers who wanted Harris' hawks and peregrines, birds difficult to obtain or unobtainable from the wild. Repeal of the sale provision would further simplify the regulations, reducing the Service's administrative and regulatory burden to some degree. Repeal would please those individuals and groups who are opposed to the use of raptors or commercialization of wildlife.

No Change: Retain Sale Provision

The no change alternative, in this case to retain sale of captive-bred raptors, would also have no impact, positive or negative on raptor populations. Very few raptors are taken from the wild for propagation. No change would generally satisfy propagators who would be able to recoup investments and falconers who would continue to have an alternate source of scarce and difficult to obtain birds. No change would maintain an incentive for some to take birds from the wild to be laundered through breeding facilities for sale purposes. No change would cause continued dissatisfaction for those opposed to use of raptors or commercialization of wildlife.

Allow the Take of tundrius Peregrines in the Lower 48 states

Effects on Raptors

Authorizing a controlled take of tundrius peregrines in the lower 48 states would result in the removal of upto 50 individual birds annually from the wild. Most of these would be passage birds, young of the year, taken during the fall at coastal migration sites. They would be a mix of birds most likely from a broad geographic area. The population status of tundrius peregrines is good as discussed above, so a controlled take of 50 birds would probably have no impact on populations. It is possible, however that some anatum birds would be taken and kept inadvertently by persons not able to make the difficult determination of subspecies. Anatum recovery programs generally are still some years away from achieving population goals. For most populations, several more years of releasing captive bred birds will be required before populations are restored and self sustaining. The inadvertent take of a few anatum could retard recovery progress in locales from which the birds came, but likely would not jeopardize recovery efforts. This is essentially the same conclusion as reached by the Service's Office of Endangered Species in 1984, when it conducted a "trial" Section 7 (Endangered Species Act) consultation regarding a take of peregrines for falconry (Files, Office of Migratory Bird Management). On the other hand, a legal take of tundrius might reduce the incentive to take wild peregrines illegally.

Socio-economic Effects

The take of tundrius peregrines in the lower 48 states would have some socio-economic impacts, mostly negative. Wild, passage, tundrius peregrines are considered to be superior to captive bred peregrines by many falconers. Thus, the falconry community and, in particular, those 50 persons authorized to take a bird would be pleased to once again take and possess genuinely wild peregrines. Many other groups and individuals could be expected to oppose the take of tundrius peregrines. Peregrine issues have always been sensitive. The bird is widely recognized as an endangered species. Its plight and efforts to save it have been widely publicized. Many view the peregrine as being symbolic of endangered species and restoration programs. Even many objective persons willing to acknowledge the relatively healthy status of tundrius populations would object to a take as a matter of propriety. Until there is widespread consensus that peregrine populations are fully restored and the bird is no longer officially listed as threatened or endangered, many will oppose take from the wild.

A take of tundrius peregrines would increase the Service's administrative and regulatory burden considerably. The status of the tundrius peregrine was reviewed in 1983, and the subspecies' official status was downgraded from endangered to threatened (49 FR 10520). However, in the contiguous United States the tundrius peregrine continues to come under the same permit conditions and prohibitions that anatum does, because it is technically considered endangered by virtue of the Similarity of Appearance provision of the Endangered Species Act. Consequently, authorizing the take of tundrius peregrines would require considerable administrative effort. Most importantly, tundrius would have to be delisted or further reclassified to Threatened - Similarity of Appearance. If the latter, then a case would have to be made that the take was consistent with the intent and purpose of the Act. Considerable scrutiny and debate over this process could be expected as the Service considered all of the ramifications and statutory and regulatory requirements of such a proposal. If take were authorized, rigid controls and monitoring would be necessary. If demand exceeded the number of permits, an impartial means of issuing permits, a lottery for example, would have to be developed. All of these considerations would add to the Service's administrative burdens.

No Change: Retain prohibition on take of tundrius

The alternative here, no change, i.e. continue to prohibit a take of tundrius peregrines in the lower 48 states would have no impact on raptors. Tundrius would continue to receive complete protection, and the recovery of anatum populations would not be possibly retarded by inadvertent take. No change would disappoint those falconers hoping to take tundrius peregrines, but would be supported widely by others who would view take as being detrimental or at least inappropriate. No change would not increase the Service's administrative burden.

LIST OF PREPARERS

This Environmental Assessment was prepared by John Tautin, Staff Specialist, Office of Migratory Bird Management, working under the direction of Rollin D. Sparrowe, Chief, Office of Migratory Bird Management.

LITERATURE CITED

Ambrose, R. E., R. J. Ritchie, C. M. White, P. F. Schempf, T. Swen and R. Dinrick. 1988. Status of peregrine populations in Alaska since 1965. in T. J. Cade, C. M. White, J. H. Enderson and C. Thelander, eds. Peregrine Falcon Populations: Their Management and Recovery. Peregrine Fund, Inc. Comell, N. Y.

Anderson, D. R. and K. P. Burnham. 1976. Population ecology of the mallard: VI. The effect of exploitation on survival. U. S. Fish Wildlife Service. Resour. Publ. 128. 66 pp.

Arbib, R. S. 1981. The Christmas bird count: constructing an ideal model. Pp. 30-33 in C. J. Ralph and J. M. Scott eds. Estimating the numbers of terrestrial birds. Stud. Avian Biol.6.

Barclay, J. H. 1988. Restoration of the peregrine-falcon in the eastern United States. in T. J. Cade, C. M. White. J. H. Enderson and C. Thelander, eds. Peregrine Falcon Populations: Their Management and Recovery. Peregrine Fund. Inc. Comell. N. Y. In press.

Barclay, J. H. and M. Gilroy. 1988. DDE residues in eggs and shell characteristics of restablished peregrines in the eastem United States. in T. J. Cade, C. M. White, J. H. Enderson and C. Thelander, eds. Peregrine Falcon Populations: Their Management and Recovery. Peregrine Fund, Inc. Cornell, N. Y. In press.

Bean, M. J. 1983. The Evolution of National Wildlife Law. Praeger Publishers. New York. 448 pp.

Bednarz, J. C., J. W. Dawson and W. H. Whaley. The status of the Harris' hawk in the southwestern United States. Proc. SW Raptor Mgmt. Symp. and workshop. Natl. Wildl. Fed. Sci. and Tech. Series. Wash. D. C. In press.

Berry, R. B. 1983. Commercialism of Domestically Produced Raptors. Unpubl. ms. fries. MEMO U. S. Fish, Wildl. Serv. Wash. D. C.

Berry, R. B. and F. P. Ward. 1975. Autumn migrations of peregrine falcons on Assateague Island, 1970-72. Pp. 57-60 in J. R. Murphy, C. M. White and B. E. Harrell. eds. Population Status of Raptors. Raptor Research Report, No. 3. Raptor Research Foundation. Inc. Vermillion. S. D. 232 pp.

Bird, D. M. 1988. Peregrine falcon populations in Ungava Bay. 1980-85. in T. J. Cade, C. M. White, J. H. Enderron and C. Thelander, eds. Peregrine Falcon Populations: Their Management and Recovery. Peregrine Fund, Inc. Cornell, N. Y. In press.

Beck, C. E. and T. L Root. 1981. The Christmas Bird Count and avian ecology, pp. 17-23 in C. J. Ralph and J. M. Scott eds. Estimating the numbers of terrestrial birds. Stud. Avian Biol. 6.

Brohn, A 1986. Report of the Subcommittee on Falconry Rules. Int. Assn. Fish. Wildl. Agendas. Wash. D. C. 7 pp. mimeo.

Bumham, W. A 1988. Recovery effort for the peregrine falcon in the Rocky Mountains. in T. J. ads, C. M. White, J. H. Enderson and C. Thelander, eds. Peregrine Falcon Populations: Their Management and Recovery. Peregrine Fund, inc. Cornell, N. Y. In Press.

Butcher, G. S.. M. R. Fuller and J. L Rues. Winter population trends of seven North American raptors. Cornell Lab. of Omithology. Ithaca in prep.

Bystrak, D. B. 1981. The North American breeding bird survey. pg. 34-41 in C. J. Ralph and J. M. Scott eds. Estimating the number of terrestrial birds. Stud. Avian Biol. 6.

Cade, T. J. 1975. Current status of the peregrine in North America. Pp. 3-12 in J R Murphy, C. M. White and B. E. Harrell, eds. Population Status of Raptors. Raptor Research Report, No. 3. Raptor Research Foundation, Inc. Vermillion. D. D. 232 pp.

Cade, T. J. 1982. Falcons of the World. Collins Sons and Co: Ltd., London.

Cade, T. J., and C. M. White. 1976. Alaska's falcons: the issue of survival. Living Wilderness, 39: 35-47.

Cade, T. J., and P. R. Dague, eds.. 1984. The Peregrine Fund Newsletter, 12:1-16. Cornell Lab. of Omithology, Ithaca.

Craig, G. R. 1988. Peregrine management in Colorado. in T. J. Cade, C. M. White. J. H. Enderson and C. Thelander, eds. Peregrine Falcon populations: Their Management and Recovery. Peregrine Fund,lnc. Comell. N. Y. In press.

Denton, S. J. 1975. Status of Prairie Falcons breeding in Oregon. M. S. thesis. Oregon state Univ., Corvallis. 58 pp.

Ellis, D. H. 1988. Productivity, pesticides and management of the peregrine falcon in Arizona. in T. J. Cads, C. M. White, J. H. Enderson and C. Thelander, eds. Peregrine Falcon Populations: Their Management and Recovery. Peregrine Fund, Inc. Cornell, N.Y. In press.

Enderson, J. H., and D. D. Serger. 1970. Pesticides. eggshell thinning and lowered production of young in Prairie Falcons. Bioscience 20: 355-356.

Enderson, J. H. 1988. Eggshell thinning and DDE residuesin Rocky Mountain peregrine, in T. J. Cade, C. M. White, J. H. Enderson and C. Thelander, eds. Peregrine Falcon Populations: Their Management and Recovery. Peregrine Fund, Inc. Cornell, N. Y. In press.

Evans, D. L 1982. Status Reports on Twelve Raptors. U.S. Fish Wildl. Serv. Spec. Sci. Rept. Wildl. No. 238. 68 pp.

Fuller, M. R., and J. A. Mosher. 1981. Methods of detecting and counting raptors: a review. Pp. 235-246 in C. J. Ralph and J. M. Scott eds. Estimating the number of terrestrial birds. Stud. Avian Biol. 6.

Fyfe, R. W. 1977. Status of Canadian raptor populations. Pp. 34-39 in Proceedings of the ICBP World Conference on Birds on Prey-Vienna, 1985. 442 pp.

Fyfe, R. 1968. Midwest and northern Canadian peregrine populations. in T. J. Cade, C M. White, J. H. Endersan and C. Thelander, eds. Peregrine Falcon Populations: Their Management and Recovery. Peregrine Fund. Inc. Cornell, N. Y. In press.

Fyfe, R. W., J. Campbell, D. Hayson, and K. Hudson. 1969. Regional population declines and organochlorine insecticides in Canadian Prairie Falcons. Can. Field Nat. 83: 189-195.

Fyfe, R. W., S. A. Temple and T. J. Cads. 1976. The 1975 North American peregrine falcon survey. The Can. Field Nat. 90: 228-273.

Garrett, R. L, and D. J. Mitchell. 1973. A study of Prairie Falcon populations in California. Calif. Fish and Game Rep. No. 73-2.

Henny, C. J., F. P. Ward, K. E. Riddle and R. M. Prouty. 1982. Migratory peregrine falcons accumulate pesticides in Latin America during winter. The Can. Field Nat. 96: 333-338.

Henny, C. J., K. E. Riddle and C. S. Hulse. 1988. Organochlorine pesticides in plasma of migratory peregrine falcons at Padre Island, Texas, Spring 1978-80 vs. Spring 1984. in T. J. Cade, C. M. White, J. H. Enderson and C. Thelander, eds. Peregrine Falcon Populations: Their Management and Recovery. Peregrine Fund, Inc. Comell. N. Y. In press.

Hickey, J. J. 1969. ed. Peregrine Falcon Populations: Their Biology and Decline. Univ. Wise. Press. Madison. 596 pp.

Kenward, R. E 1974. Mortality and fate of trained birds of prey. J. Wild. Manage. 38(4): 751-756.

Leedy, R. R. 1972. The statusof Prairie Falcons in westem Montana: special emphasis on possible effects of chlorinated hydrocarbon insecticides. M. S. thesis, Univ. Montana. Bozeman.

Matter, W. G. 1988. The Greenland peregrine falcon survey. 1972-85. with emphasis on recent population status and trends. in T.J. Cade. C. M. White. J. H. Enderson and C. Thelander. eds. Peregrine Falcon Populations: Their Management and Recovery. Peregrine Fund, Inc. Comell, N. Y. In press.

Martin, M. 1978. Status report on the gyrfalcon. Committee on the status of endangered wildlife in Canada (COSEWIC). Canadian Wildlife Service Document, 26 pp.

Mossop, D. H., R. Bromley and M. Shoesmith. 1985. The status and management of the gyrfalcon in Canada. Unpubl. ms. prepared for 1985 CITES conference. Yukon Dept. of Renewable Resources, Whitehorse. 30 pp.

Newton, I. 1979. Population ecology of raptors. Buteo Books, Vermillion, South Dakota.

Oliphant, L W., W. J. P. Thompson, T. Donald, and R. Rafuse. 1969. Present status of the Prairie Falcon in Saskatchewan. Can. Field-Nat. 90: 365-368.

Peakall, D. B. 1988. Organochlorine contamination in peregrines and kestrels and their effects on reproduction. in T. J. Cade, C. M. White, J. H. Enderson and C. Thelander, eds. Peregrine Falcon Populations: Their Management and Recovery. Peregrine Fund, Inc. Comell. N. Y. In press.

Phillips, R. L. and A. E. Beske. 1983. Golden eagles and coal development in the eastern Powder River Basin of Wyoming. U. S. Fish Wildl. Serv. Denver. 44 pp. mimeo.

Platt, J. B. and C. E. Tull. 1977. A study of wintering and nesting gyrfalcons on the Yukon North Slope during 1975 with emphasis on their behavior during experimental overflights by helicopter. Pages 1-79 in Arctic Gas Biol. Rep. Series, Vol. 35.

Platt, S. W. 1981. Prairie falcon: aspects of population dynamics, individual vocal identification, marking and sexual maturity. Ph. D. diss. Brigham Young Univ., Provo, Utah.

Platt, S. W. 1974. Breeding Status and Distributionof the Prairie Falcon in Northern New Mexico. M. S. Thesis, Bngham Young Univ., Provo, Utah. 66 pp.

Redig, P. T. 1988. Peregrine falcon reintroduction in the Upper Mississippi Valley and Western Great Lakes. in T. J. Cade, C. M. White, J. H. Enderson and C. Thelander, eds. Peregrine Falcon Populations: Their Management and Recovery. Peregrine Fund, Inc. Cornell, N. Y. In press.

Risebmugh, R. W. 1988. Origins of DDE accumulated by California peregrine falcons. in T. J. Cade, C. M. White, J. H. Enderson and C. Thelander, eds. Peregrine Falcon Populations: Their Management and Recovery. Peregrine Fund, Inc. Cornell, N. Y. In press.

Rogers, J. P., J. D. Nichois, F. W. Martin, C. F Kimball and R. S. Pospahala. 1979. An examination of harvest and survival rates of ducks in relation to hunting. Trans. N Am. Wildl. and Natur. Resour., Conf. 44:114-126.

Roseneau, D. G. 1972. Summer distribution, numbers and food habits of the gyrfalcon (Falco rusticolus i.) on the Seward Peninsula, Alaska. MS Thesis Univ. of Alaska, Fairbanks.

Runde, D. E. 1986. Final report: effects of a controlled harvest on a population of prarie falcons (Falco mexicanus) in southwestern Wyoming. Wyo. Coop. nsh Wlldl. Res. Unit. Laramie. 39 pp.

Snow, C. 1974. Prairie Falcon (Falco mexicanus). Report No. 8. Habitat Management Series for Unique or Endangered Species. USDI. BLM. Portland. 35 pp.

Swartz, L G., W. Walker II, D. G. Roseneau and A. M. Springer. 1975. Populations of gyrfalcons and the Seward Peninsula, Alaska, 71. In Proc. Conf. on Raptor Con serv. Techniques. Part 6. Raptor Research Rept. No. 3.

Tate, J. 1986. The blue list for 1986. Am. Birds 40(2): 227-235.

USDI, Fish and Wildlife Service. 1976. Environmental Assessment: Proposed Falconry Regulations, Wash. D. C. 27 pp.

USDI, Fish and Wildlife Service. 1982. Final Environmental Assessment: Raptor Propagation Permits- Possession, Purchase and Sale of Captive-bred Raptors for Scientific, Education, and Falconry Purposes. Wash. D. C. 16 pp.

USDI, Fish and Wildlife Service. 1987. Migratory Nongame Birds of Management Concern in the United Slates: The 1987 List. Wash. D. C. 27 pp.

USDI, Fish and Wildlife Service. 1988. Final Supplemental Environmental Statement: Issuance of Annual Regulations permitting the Sport Hunting of Migratory Birds. Wash. D. C. 340 pp.

Walton, B. J. 1988. Peregrine Falcon populations in California, Oregon and Washington: Their pre-DDT and current status. in T. J. Cade, C. M. White, J. H. Enderson and C. Thelander, eds. Peregrine Falcon Populations: Their Management and Recovery. Peregrine Fund, Inc. Cornell, N. Y. In press.

Top of page       

TABLE 1. Native raptors of importance to falconry.

Family Accipitridae      Genus Accipiter            Northern Goshawk (A. gentilis)            Sharp-shinned Hawk (A. striatus)            Coopers Hawk (A. cooperii)      Genus Buteo            Red-tailed Hawk (B. jamaicensis)            Red-shouldered Hawk (B. lineatus)            Broad-winged Hawk (B. platypterus)            Swainson's Hawk (B. swainsoni)            Rough-legged Hawk (B. lagopus)            Ferruginous Hawk (B. regalis)      Genus Parabuteo            Harris' Hawk (P. unicintus)      Genus Aquila            Golden Eagle (A. chrysaetos)      Genus Circus            Northern Harrier (C.cyaneus)   Family Falconidae      Genus Falco            Gyrfalcon (F. rusticolus)            Prairie Falcon (F. mexicanus)            Peregrine Falcon (F. peregrinus)            Merlin (F. columbarius)            American Kestrel (F.sparverius)   Family Strigidae      Genus Bubo            Great horned Owl (B. virginianus)

Range description - U.S. (1) Breeding     NW US   N & US   US ex AK       US   E US & W Coast   E US   W US   AK   NW US ex AK     SW border US     W US     N US       AK   W US ex AK   E W US ex AK   E W US esp AK   US       US

Range description - U.S. (1) Wintering     M, W, EC US   US ex NC & AK   US ex NC & AK       US ex NC & AK   SE & W Coast US   South of the US   South of the US   N & C US ex AK   esp SW US     SW border US     US esp W US     US ex AK       AK & N Border   W US ex AK   AK & S of US   W Coast & S US   US ex NC US, AK       US

1. See A.O.U. (1957) for detail. AK=Alaska; ex=except; esp= especially.

Top of page       

TABLE 2. Legal take of raptors from the wild by falconers.

Species  Northern Goshawk    Sharp-shinned Hawk    Coopers Hawk    Redtailed Hawk    Red-shouldered Hawk    Broad-winged Hawk    Swainson's Hawk    Rough-legged Hawk    Ferruginous Hawk    Harris' Hawk    Golden Eagle    Northern Harrier    Gyrfalcon    Prairie Falcon    Peregrine Falcon    Merlin    American Kestrel    Great horned Owl    Total

1984 (1)  Number taken  84    18    45    239    3    1    0    0    5    21    0    0    8    97    0    28    71    4    624

1985 (2)  Number taken   69     10     61     270     3     0     0     1     6     34     0     0     11     158     9     39     52     8     731

1985 (2)  Number returned    25     5     20     172     2     0     0     0     2     12     0     0     7     59     2     11     43     4     364

1. Source: FWS Division of Law Enforcement
2. Source: IAFWA Survey (Brohn 1986)

Top of page       

TABLE 3. Raptor breeding population indices as indicated by Breeding Bird Survey counts, 1966-85. Data are from only those states in which the species was recorded on at least one route.

Species    Sharp-shinned Hawk      Cooper's Hawk      Red-tailed Hawk      Harris' Hawk      Prairie Falcon      Merlin      American Kestrel

1972  1979    0.01  0.02    0.03  0.03    0.62  0.67    0.48  0.41    0.04  0.03    0.01  0.02    0.79  0.97

1966  1973  1980  0.02  0.01  0.02  0.05  0.03  0.03  0.22  0.59  0.76  -  0.29  0.25  -  0.04  0.05  0.01  0.01  0.02  0.47  0.75  0.96

1967  1974  1981  0.01  0.02  0.02  0.03  0.04  0.04  0.41  0.70  0.78  0.92  0.42  0.36  -  0.04  0.06  0.00  0.01  0.03  0.55  0.90  1.07

1968  1975  1982  0.03  0.02  0.02  0.02  0.03  0.03  0.49  0.63  0.88  0.38  0.20  0.58  0.01  0.03  0.05  0.01  0.02  0.05  0.75  0.77  0.93

1969  1976  1983  0.02  0.06  0.02  0.03  0.04  0.04  0.54  0.72  0.90  0.57  0.71  0.27  0.02  0.04  0.04  0.01  0.01  0.04  0.64  0.93  0.85

1970  1977  1984  0.02  0.02  0.02  0.02  0.04  0.04  0.54  0.72  0.98  0.53  0.23  0.37  0.03  0.03  0.05  0.02  0.02  0.02  0.67  0.91  0.87

1971  1978  1985  0.01  0.02  0.02  0.03  0.03  0.03  0.48  0.67  0.86  0.42  0.23  0.26  0.02  0.04  0.04  0.01  0.02  0.01  0.66  0.85  0.82

Top of page       

TABLE 4. Raptor winter population indices as indicated by Audobon Christmas Bird Counts, 1970-72 and 1981-83.

Species  Northern Goshawk  Red-tailed Hawk  Harris' Hawk  Gyrfalcon  Prairie Falcon  Merlin

Birds per 1000 party miles 1970-72  0.55  54.90  0.78  0.01  0.46  0.78

Birds per 1000 party miles 1981-83  0.93  73.22  0.49  0.07  1.12  1.11

Top of page       

TABLE 5. Raptors counted at Hawk Mountain, Kempton, Pennsylvania, 1972-85.

Species  Northern Goshawk      Sharp-shinned Hawk      Coopers Hawk      Red-tailed Hawk      Red-shouldered Hawk      Broad-winged Hawk      Northern Harrier      Peregrine Falcon      Merlin      American Kestrel

1972  1979  376  68    2,389  10,318    111  337    3,731  4,188    147  235    8,809  11,232    18  239    6  14    7  52    41  557

1973  1980  255  82    3,400  8,384    81  375    2,916  5,707    138  348    6,593  10,631    183  481    8  7    16  31    494  542

1974  1981  63  138    4,490  8,384    140  765    3,543  5,707    186  250    9,230  10,631    178  281    11  20    13  56    450  704

1975  1982  144  139    6,641  4,541    131  302    2,981  5,024  258  320    10,306  7,162    237  295    8  6    17  20    463  400

1976  1983  61  129    5,642  6,519    120  350    3,732  3,939    170  451    9,089  6,919    277  319    6  8    19  21    474  461

1977  1984  88  58    9,611  3,803    231  170    3,485  3,159    266  207    12,954  13,551    284  317    11  9    27  21    693  342

1978  1985  57  52    6,712  5,764    152  288    2,851  2,875    162  205    29,467  3,415    183  367    8  12    16  37    360  383

Top of page       

TABLE 6. Raptors counted at Cape May, New Jersey, 1976-1985.

Species  Northern Goshawk      Sharp-shinned Hawk      Coopers Hawk      Red-tailed Hawk      Red-shouldered Hawk      Broad-winged Hawk      Northern Harrier      Peregrine Falcon      Merlin      American Kestrel

1976  1981  17  37    28,258  43,061    878  2,086    1,695  2,405    700  445    1,462  13,917    957  2,173    105  172    562  1,225    11,467  21,828

1977  1982  21  41    47,790  44,000    864  1,214    1,955  1,715    390  297    12,402  1,425    1,183  1,305    61  363    766  1,675    14,862  8,765

1978  1983  19  43    32,610  34,080    668  749    1,597  977    732  217    845  826    761  1,121    149  302    717  889    9,440  6,687

1979  1984  17  25    48,4487  61,180    1,875  1,818    1,406  910    529  395    1,058  1,147    1,125  2,185    230  518    1,180  2,375    19,819  9,259

1980  1985  28  86    52,273  35,021    1,614  2,688    1,668  2,038    626  749    3,292  2,031    3,118  2,422    198  398    1,085  2,876    12,631  12,763

Top of page       

TABLE 7. Raptors counted at Hawk Ridge, Duluth, Minnesota, 1972-1985.

Species  Northern Goshawk      Sharp-shinned Hawk      Coopers Hawk      Red-tailed Hawk      Broad-winged Hawk      Northern Harrier      Peregrine Falcon      Merlin      American Kestrel

1972  1979  4,963  178    5,804  9,230    78  27    3,305  2,399    26,716  55,209    342  351    13  13    11  20    430  730

1973  1980  1,919  104    5,062  9,647    31  48    3,724  3,670    20,640  16,245    189  359    2  6    7  21    306  621

1974  1981  145  482    9,134  8,188    38  33    2,193  6,569    32,222  30,831    391  520    6  11    11  16    490  613

1975  1982  128  3,527    8,903  5,538    20  13    5,796  4,964    43,913  17,695    434  243    12  14    6  16    382  394

1976  1983  150  1,023    19,335  7,710    20  15    6,079  3,020    29,911  35,888    800  167    18  19    29  33    601  565

1977  1984  37  424    13,792  10,279    9  32    2,707  10,887    15,656  36,206    368  602    4  26    10  41    549  694

1978  1985  94  297    12,595  8,908    25  18    3,591  3,469    52,946  24,704    349  347    5  21    23  43    562  436

Top of page       

TABLE 8. Source of raptors in Operation Falcon 1981-84, includes some birds taken in Canada. Source: Fish and Wildlife Service Division of Law Enforcement.

Species  Northern Goshawk  Coopers Hawk  Red-tailed Hawk  Red-shouldered Hawk  Ferruginous Hawk  Harris' Hawk  Gyrfalcon  Prairie Falcon  Peregrine Falcon  Merlin  American Kestrel  Total

Taken from the wild  71  4  2  1  2  36  50  116  109  8  0  399

Source Unknown  2  0  3  0  0  14  11  1  20  0  1  50

Total  73  4  3  1  2  50  61  117  129  8  1  449

Top of page       

TABLE 8. Raptor propagation conducted by 215 propagators under special permit in 1985. Excludes birds held and produced by government institutions such as the Patuxent Wildlife Research Center. Source: Fish and Wildlife Service Division of Law.

Species  Northern Goshawk  Sharp-shinned Hawk  Coopers Hawk  Red-tailed Hawk  Rough-legged Hawk  Swainson's Hawk  Harris' Hawk  Golden Eagle (1)  Gyrfalcon  Prairie Falcon  Peregrine Falcon  Merlin  American Kestrel  Great horned Owl (1)

Breeding Stock  18  2  18  25  27  1  166  -  40  107  -  15  9  -

Production  1  0  5  0  6  0  132  -  14  69  391  4  6  -

1. Numbers not available at present

Top of page       

TABLE 10. Summary and comparative analysis of consequences of the eight alternatives.

Environmental  Consequences    Effects on raptors      Socio-economic  Consequences      Effects on falconers  and propagators        Effects on states      Effects on Fish  and Wildlife Service      Other effects

Alternative 1.  No action, i.e., retain  regulations, retain sale,  retain ban on tundrius  take in the lower 48 states        None.            Continued dissatisfaction  with regulations.        Continued dissatisfaction  with regulations.      Controversy and pressure  on Service to change  regulations would continue.    Neutral effects on those  opposed to falconry and  sale of raptors.

(Preferred Alternative)  Alternative 2.  Simplify regulations,  retain sale, retain ban  on tundrius take  in the lower 48 states        None            Reduced regulatory  burden, greater flexibility.        Reduced administrative  burden, greater flexibility  in regulating falconry.    Reduced administrative burden.        Increased dissatisfaction  for those opposed to falconry.

Alternative 3.  Simplify regulations,  retain sale, allow  take of tundrius  in the lower 48 states  None, except inadvertent  take of anatum could  retard recovery of the  subspecies in some locales.            Reduces regulatory  burden, greater flexibility,  wild peregrines available  to falconers.    Reduced administrative  burden, greater flexibility  in regulating falconry.    Increased administrative  burden due to program  for take of peregrines.    Substantially increased  dissatisfaction for those  opposed to falconry. Some  dissatisfaction for those  concerned about endangered  species programs.

Top of page       

---

Notes:

---

1. Tundrius continues to be treated as endangered in the United States, however, because of its similarity in appearance to anatum.

Top of page       

BORCH'S FALKONERI  - dansk BORCH'S FALCONRY  - english

---

J. Borch ©
borch@vip.cybercity.dk