Comment: If goshawks are listed in British Columbia, legal take of goshawks should not be affected outside the area in which they are listed, under "similarity of species" authorities.
Our Response: Section 4(e) of the Act authorizes the Service Director to designate non-listed species that closely resemble listed species as Threatened or Endangered for purposes of take, possession, transport, trade, export or import. In determining whether a species should be designated under this similarity of appearance authority, we must consider
- the degree of difficulty enforcement personnel would have in distinguishing the species from a listed species,
- the additional threat posed to the listed species by the loss of control occasioned because of the similarity of appearance, and
- the probability that so designated a similar species will substantially facilitate enforcement and further the purposes and policy of the Act (50 CFR 17.50).
Although Queen Charlotte goshawks in British Columbia are essentially indistinguishable from those in Southeast Alaska, and difficult to tell from goshawks outside the range of Queen Charlotte goshawks, we do not believe that goshawks outside coastal British Columbia need to be designated under section 4(e) of the Act as threatened or endangered because we do not consider direct take for falconry or any other purpose to be a threat. Direct take is discussed further below under the heading "Factor B. Overutilization for Commercial, Recreational, Scientific, or Educational Purposes."
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