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U.S.C. 3717 and will accrue from the be as likely to contribute to such (2) The NTSB public Web site, located date of the billing until the NTSB understanding where nothing new at http://www.ntsb.gov, also includes an receives payment. The NTSB shall would be added to the public’s e-mail subscription service for press follow the provisions of the Debt understanding. releases, safety recommendations, and Collection Act of 1982 (Pub. L. 97–365, (iii) Whether disclosure of the other announcements. 96 Stat. 1749), as amended, and its requested information would contribute 35. Section 801.61 is added as administrative procedures, including to the understanding of a reasonably follows: the use of consumer reporting agencies, broad audience of persons interested in collection agencies, and offset. the subject, as opposed to the individual § 801.61 Appeals of Fee Determinations. (8) Where a requester has previously understanding of the requester. The Requesters seeking an appeal of the failed to pay a properly charged FOIA NTSB will consider a requester’s FOIA Officer’s fee or fee waiver fee to the NTSB within 30 days of the expertise in the subject area and ability determination must send a written date of billing, the NTSB may require to effectively convey information to the appeal to the NTSB’s Managing Director the requester to pay the full amount public. within 20 days. The NTSB’s Managing due, plus any applicable interest, and to (iv) Whether the disclosure is likely to Director will determine whether to grant make an advance payment of the full enhance the public’s understanding of or deny any appeal made pursuant to amount of any anticipated fee, before government operations or activities. § 801.21 within 20 working days the NTSB begins to process a new (3) In determining whether the (excluding Saturdays, Sundays, and request or continues to process a requester is primarily in the commercial legal public holidays) after receipt of pending request from that requester. interest of the requester, the NTSB will such appeal, except that this time limit (9) Where the NTSB reasonably consider the following factors: may be extended for as many as 10 believes that a requester or group of (i) The existence and magnitude of additional working days, in accordance requesters acting together is attempting any commercial interest the requester with § 801.23. to divide a request into multiple series may have, or of any person on whose Dated: November 15, 2006. of requests for the purpose of avoiding behalf the requester may be acting. The Vicky D’Onofrio, fees, the NTSB may aggregate those NTSB will provide requesters with an Federal Register Liaison Officer. requests and charge accordingly. opportunity in the administrative (e) Requirements for waiver or process to submit explanatory [FR Doc. 06–9289 Filed 11–21–06; 8:45 am] reduction of fees. For fee purposes, the information regarding this BILLING CODE 7533–01–P NTSB will determine, whenever consideration. reasonably possible, the use to which a (ii) Whether the commercial interest requester will put the requested records. is greater in magnitude than any public DEPARTMENT OF THE INTERIOR (1) The NTSB will furnish records interest in disclosure. responsive to a request without charge, (4) Additionally, the NTSB may, at its Fish and Wildlife Service or at a reduced charge, where the NTSB discretion, waive publication, determines, based on all available reproduction, and search fees for 50 CFR Part 17 information, that the requester has qualifying foreign countries, Endangered and Threatened Wildlife shown that: international organizations, nonprofit and Plants; Proposed Rule To List Six (i) Disclosure of the requested public safety entities, State and Federal Foreign as Endangered information is in the public interest transportation agencies, and colleges because it is likely to contribute and universities, after approval by the AGENCY: Fish and Wildlife Service, significantly to public understanding of Chief, Records Management Division. Interior. the operations of activities of the (5) Where only some of the records to ACTION: Proposed rule. government, and be released satisfy the requirements for (ii) Disclosure of the requested a waiver of fees, the NTSB will grant a SUMMARY: We, the U.S. Fish and information is not primarily in the waiver for those particular records. Wildlife Service (Service), propose to commercial interest or for the (6) Requests for the waiver or list six avian , black commercial use of the requester. reduction of fees should address the (Himantopus novaezelandiae), (2) In determining whether disclosure factors listed in paragraphs (2) and (3) caerulean Paradise-flycatcher of the requested information is in the of this subsection, insofar as they apply (Eutrichomyias rowleyi), giant public interest, the NTSB will consider to each request. The NTSB will exercise ( gigantea), Gurney’s pitta the following factors: its discretion to consider the cost- (Pitta gurneyi), Socorro (i) Whether the subject of the effectiveness of its use of administrative (Mimodes graysoni), and long-legged requested records concerns identifiable resources in determining whether to thicketbird (Trichocichla rufa) as operations or activities of the federal grant waivers or reductions of fees. endangered, pursuant to the Endangered government, with a connection that is (f) Services available free of charge. Species Act of 1973, as amended (Act). direct and clear, and not remote or (1) The following documents are This proposal, if made final, would attenuated. In this regard, the NTSB will available without commercial extend the Act’s protection to these consider whether a requester’s use of reproduction cost until limited supplies species. The Service seeks data and the documents would enhance are exhausted: comments from the public on this transportation safety or contribute to the (i) Press releases; proposal. NTSB’s programs. (ii) Safety Board regulations (Chapter (ii) Whether the portions of a record VIII of Title 49, Code of Federal DATES: We must receive comments and subject to disclosure are meaningfully Regulations); information from all interested parties informative about government (iii) Indexes to initial decisions, Board by February 20, 2007. Public hearing operations or activities. The disclosure orders, opinion and orders, and staff requests must be received by January 8, of information already in the public manuals and instructions; 2007. domain, in either a duplicative or (iv) Safety recommendations; and ADDRESSES: Submit any comments, substantially identical form, would not (v) NTSB Annual Reports. information, and questions by mail to

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the Chief, Division of Scientific and Riley 2000). It is only known to extremely rare (Matheu and del Hoyo Authority, U.S. Fish and Wildlife occur in one small, unprotected 1992; BirdLife International 2000). The Service, 4401 N. Fairfax Drive, Room on the island of Sangihe, north of remaining giant ibis population is found 750, Arlington, VA 22203; or by fax to Sulawesi, (BirdLife in Cambodia, although several sightings 703–358–2276; by e-mail to International 2001; British Broadcasting of giant ibis have been reported from [email protected] or through Corporation 2003). This flycatcher is a southern Laos. The species is the Federal eRulemaking Portal at sedentary insectivore that prefers lower- considered extirpated from Viet Nam http://www.regulations.gov. Comments elevation primary forest ; and Thailand (BirdLife International and supporting information will be however, individuals have recently been 2000). available for public inspection, by found in steep, forested gullies (Birdlife The IUCN categorizes the giant ibis as appointment, Monday through Friday International 2004). a ‘‘’’ species (IUCN from 8 a.m. to 4 p.m. at the above In a review of Indonesia’s 2005). The current status and trend for address. development, degraded rainforests, and the giant ibis is described as declining decreasing biological diversity, (IUCN 2005). The entire giant ibis FOR FURTHER INFORMATION CONTACT: Thompson (1996) noted that the population was estimated at about 250 Marie T. Maltese at the above address, Indonesian rain are biologically individuals in 1997, but current or by telephone, 703–358–1708; fax, rich, with more than 10,000 species of estimates put the population at fewer 703–358–2276; or e-mail, , 500 species of mammals, and than 50 mature individuals (BirdLife [email protected]. 1,500 species of birds, all playing a vital International 2000). SUPPLEMENTARY INFORMATION: role in regulating the ecosystem. Gurney’s pitta However, Indonesia also has the world’s Background longest list of species threatened with The Gurney’s pitta, first described by In this proposed rule, we propose to , and in his review Thompson Hume in 1875, is classified as list six foreign species as stated that the caerulean Paradise- ‘‘Critically Endangered’’ by the IUCN, endangered, pursuant to the Act (16 flycatcher was believed to have become and is considered to be on the verge of U.S.C. 1531 et seq.). These species are: extinct during the 1980s. There were no extinction (IUCN 2005). Until recently, giant ibis (Pseudibis gigantea), black sightings of live caerulean Paradise- the species was known only from a stilt (Himantopus novaezelandiae), flycatchers during the last century, and single declining population in Thailand, Gurney’s pitta (Pitta gurneyi), Socorro the species was known only from the which occupies an extremely small and mockingbird (Mimodes graysoni), type specimen. Searches in 1985 and declining range (Rose 2003). However, caerulean Paradise-flycatcher 1986 failed to locate the species, fueling in 2003, surveys in southern (Eutrichomyias rowleyi), and long- the belief that the species was extinct. Tenasserim, Myanmar, revealed a legged thicketbird (Trichocichla rufa). However, in 1998, a single female was minimum of 4 populations, although these are extremely small, numbering no discovered by a joint expedition of the University of Sam Ratulangi in more than 10–12 pairs at a given The black stilt, or kaki, was first Indonesia and Britain’s York University. location (BirdLife International 2003c). described by Gould in 1841 (BirdLife Subsequent expeditions located a The Gurney’s pitta was formerly International 2006). A small black population of at least 21 birds in 6 considered common across much of its wading bird with long red legs, the localities around the base of Gunung range in lowland evergreen forests in species was formerly widespread across Sahendaruman, a mountain on the small peninsular Thailand and adjacent . In 1950, the total island of Sangihe (Birdlife International southern Tenasserim, Myanmar. population was estimated at 1,000 birds; 2004). The total caerulean Paradise- However, the species was not however, within one decade the flycatcher population is currently documented in Myanmar from 1914 to population decreased to fewer than 100 estimated to range from 19 to 135 birds 2003, and between 1952 and 1986, there birds (Pierce 1996). When a concerted (BirdLife International 2005). The were no reported field observations in effort to manage the species began in species is considered ‘‘Critically Thailand. A few pittas were finally 1981, only 23 adults remained in the Endangered’’ by the IUCN because of its located in a small forest patch in wild population (Van Heezik et al. low estimated population and extremely southern Thailand with the help of a 2005). In August 2000, there were 48 limited range, both which continue to wildlife smuggler in Bangkok, after he adults in the wild, of which 15–18 were undergo major and continuing declines was found to have an individual bird in females. An additional 11 male and 9 (IUCN 2005). his possession (Round and Gretton female adult black are held in 1989). Intensive surveys since 1986 Giant ibis captivity (Maloney and Murray 2001). located the species in at least five Despite the release of captive-hatched The giant ibis is a lowland bird found localities, although it has since been young, by 2005, only 4–13 breeding in both open and forested wetland extirpated from all but one of these pairs were observed in the wild (Van (Collar et al. 1994). It inhabits areas (BirdLife International 2000). The Heezik et al. 2005). The species is listed open deciduous forest in extreme remaining viable population is located as ‘‘Critically Endangered’’ by the IUCN southern Laos and a portion of northern in a 2-square-mile area of Khao Nor (World Conservation Union) and the and eastern Cambodia (BirdLife Chuchi (Round and Gretton 1989) and New Zealand Department of International 2001). The species’ range declined from 44–45 pairs in 1986, to 9 Conservation (Maloney and Murray has been remarkably reduced, pairs in 1997, most of which were 2001), and is considered one of the most considering its historic range spanned located outside of protected areas threatened shorebirds in the world central and peninsular Thailand, central (BirdLife International 2000). Surveys in (IUCN 2005). and northern Cambodia, southern and 2000 and 2001 later estimated the total central Laos, and southern Viet Nam world population of the Gurney’s pitta Caerulean Paradise-flycatcher (King et al. 1975, as cited in Collar et to be no more than 30 individuals, with The caerulean Paradise-flycatcher was al. 1994). It appears that the species has 11–12 territories located in Khao Nor first recorded in 1874, and was not always been uncommon and local Chuchi and another 2 at nearby Tambon observed again until recently (Wardill throughout its range; sightings are Aw Tong, in Trang (Rose 2003). Field

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surveys in Myanmar resulted in the long been considered extinct and was information in response to the Annual discovery of four small populations. only recently rediscovered by Notice of Findings indicating that the BirdLife International has begun researchers after an absence of sightings species exists, albeit in very small comprehensive surveys of remaining since 1894 (BirdLife International numbers. The magnitude of the threat to populations in southern Myanmar and 2003b). It is classified as ‘‘Data the species is high, and the immediacy is working to conserve remaining Deficient’’ by the IUCN (IUCN 2005). A of threat is imminent. Therefore, we lowland forests there (BirdLife is designated as Data Deficient assigned this species a listing priority International 2004, 2005). when there is inadequate information to ranking of 1 and determined that listing this species is warranted at this time. Socorro Mockingbird make a direct, or indirect, assessment of its risk of extinction based on its Previous Federal Action The Socorro mockingbird is endemic distribution and/or population status. to in the Revillagigedo Listing of taxa in this category indicates Section 4(b)(3)(A) of the Act requires Islands, Mexico (BirdLife International that more information is required and the Service to make a finding known as 2000). In 1925, it was the most abundant acknowledges the possibility that future a ‘‘90-day finding’’ on whether a land-based bird in the area and was still research will show that a threatened petition to list, delist, or reclassify a considered abundant in 1958. However, classification is appropriate (IUCN species has presented substantial the species began to decline over the 2004). On November 28, 2003, BirdLife information indicating that the next 20 years, and by 1978, it was International announced that the requested action may be warranted. To believed to be on the verge of extinction species had been located during a the maximum extent practicable, the (BirdLife International 2000). From 1988 survey of rare birds in Fiji. The long- finding shall be made within 90 days through 1990, an estimated population legged thicketbird is only found in following receipt of the petition and of 50–200 pairs of dense undergrowth on the mountains of published promptly in the Federal remained in the area (Castellanos and Fiji. Researchers, it was reported, Register. If the 90-day finding is Rodriguez-Estrella 1993, as cited in discovered 12 pairs in Wabu, a remote positive (i.e., the petition has presented BirdLife International 2000). By 1993– Forest Reserve on the island of Viti substantial information indicating that 1994, an estimated 350 individuals Levu, in Fiji (BirdLife International the requested action may be warranted), remained (Mart and Curry 1996, as cited 2003b). The Darwin Initiative funded Section 4(b)(3)(A) of the Act requires the in BirdLife International 2000), and of the rare bird survey, which was Service to commence a status review of the species if one has not already been the 215 birds that were banded, 55 conducted by BirdLife International, percent were subadults (BirdLife initiated under the Service’s internal and the project’s coordinator was the International 2000). The large candidate assessment process. In first to hear the thicketbird’s song. It percentage of subadults suggests that the addition, Section 4(b)(3)(B) of the Act was this song that revealed the species’ number of mature individuals is quite also requires the Service to make a presence to the researchers as they were small (IUCN 2005). Current estimates of finding within 12 months following recording the previously undescribed population size for the species range receipt of the petition on whether the and unknown song (BirdLife from 50 to 249 individuals (BirdLife requested action is warranted, not International 2003b). Nine pairs were International 2000). The Socorro warranted, or warranted but precluded found along a 2-km length of stream in mockingbird is listed as ‘‘Critically by higher-priority listing actions (this dense undergrowth thickets. Endangered’’ by the IUCN (IUCN 2005). finding is referred to as the ‘‘12-month The Socorro mockingbird dwells in Researchers believe these 18 birds finding’’). The 12-month finding is also moist dwarf forest and ravines with a reflect a relatively high local density in to be published promptly in the Federal mixture of shrubs above 600 meters in this unlogged forest at an elevation of Register. If the listing of a species is altitude (Mart and Curry 1996, as cited 800–1000 meters (BirdLife International found to be warranted but precluded, in BirdLife International 2000). Habitat 2003b). Two of the pairs were then the petition to list that species is vegetation is dominated by several accompanied by recently fledged treated as if it is a petition that is species, including Ilex socorrensis, juveniles. Encouraged by identifying the resubmitted on the date of the finding, Guettarda insularis, and Oreopanax species’ song, researchers plan to fully and is therefore subject to a new 12- xalapensis (BirdLife International 2000). assess the population’s status and month finding within one year. The Understory vegetation includes develop a conservation plan. The local Service publishes an Annual Notice of Triumfetta socorrensis and Eupatorium residents named the secretive Resubmitted Petition Findings (Annual pacificum (BirdLife International 2000). thicketbird ‘‘Manu Kalou,’’ or ‘‘Spirit Notice) for all foreign species for which The species is less common in taller Bird,’’ during the 19th century because listings were previously found to be forest patches and groves of fig (Ficus of its ethereal voice. The thicketbird is warranted but precluded. cotinifolia) at low and mid elevations, only known from four birds that were On November 28, 1980, we received and is no longer present in areas of collected from 1890 to 1894, and a petition (1980 petition) from Dr. Croton masonii scrub near sea-level unconfirmed reports of sightings in Warren B. King, Chairman, United (Mart and Curry 1996, as cited in 1967, 1973, and 1991 (BirdLife States Section, International Council for BirdLife International 2000). The International 2000). Two individuals of Bird Preservation (ICBP), to add 77 species was previously widespread in a subspecies, Trichocichla rufa clunei, foreign and native bird species to the all vegetation types on the Island, were discovered in 1974, but since then, list of Threatened and Endangered including scrub, woodland, and there has been no evidence of its Wildlife (CFR 17.11). The species woodland edge (Cody 2005). Its current continued existence (BirdLife covered by the 1980 petition comprised range is extremely limited and International 2003b). 19 native species and 58 foreign species, continuing to decline (BirdLife We had previously concluded from including the black stilt and long-legged International 2000). the best available scientific and thicketbird (or long-legged warbler, commercial information that the long- which was the common name used in Long-Legged Thicketbird legged thicketbird was likely to be the petition). In response to the 1980 The long-legged thicketbird, originally extinct, and listing the species was no petition, we published a Notice to described by Reichenow in 1890, has longer warranted. However, we received announce a positive 90-day finding and

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initiation of status review on May 12, included the black stilt, caerulean development (Collar et al. 1994). 1981 (46 FR 26464). On January 20, Paradise-flycatcher, giant ibis, Gurney’s Further habitat disruption has been 1984 (49 FR 2485), we published a pitta, and Socorro mockingbird. We attributed to overgrazing of wetlands, Notice of findings on pending petitions later determined that listing the long- water extraction for agricultural and description of progress in listing legged thicketbird was warranted at this irrigation, river channelization and actions (hereafter referred to as a Notice time, after information received in modification for flood control schemes, of findings), but no action on the 1980 response to the Annual Notice of and the proliferation of introduced petition was discussed. On May 10, Findings revealed that the species still weeds (Maloney and Murray 2001). 1985 (50 FR 19761), we published a exists in very low numbers. Land is seldom returned to its original state once it has been modified for Notice of findings in which we found Summary of Factors Affecting the Black agriculture or flood-control purposes. that the listing of all 58 foreign bird Stilt, Caerulean Paradise-Flycatcher, The lack of suitable habitat for feeding species listed on the 1980 petition was Giant Ibis, Gurney’s Pitta, Socorro and successful nesting increases the warranted but precluded by higher- Mockingbird, and Long-Legged species’ risk of extinction. priority listing actions (warranted but Thicketbird precluded). In our next Notice of B. Overutilization for commercial, findings, published on January 9, 1986 Section 4(a)(1) of the Act (16 U.S.C. recreational, scientific, or educational (51 FR 996), we found that the listing of 1533(a)(1)) and regulations promulgated purposes. There is no known threat to 54 species from the 1980 petition to implement the listing provisions of the species from use for commercial, (including the black stilt and the long- the Act (50 CFR part 424) set forth the recreational, scientific, or educational legged thicketbird) continued to be procedures for adding species to the purposes. warranted but precluded, whereas new Federal lists. A species may be C. Disease or . Researchers information caused us to find that the determined to be an endangered or at the Auckland Zoo Wildlife Health listing of the 4 remaining species was no threatened species due to one or more and Research Centre have identified a longer warranted. We published of the five factors described in section number of ‘‘diseases of concern’’ for additional Notices of findings on July 7, 4(a)(1). These factors and their black stilts and other wading birds 1988 (53 FR 25511), December 29, 1988 application to the black stilt, caerulean (Jakob-Hoff 2001). The diseases are (53 FR 52746), January 6, 1989 (54 FR Paradise-flycatcher, giant ibis, Gurney’s considered threats to the wild 554), and December 29, 1989 (54 FR pitta, Socorro mockingbird, and Long- population, particularly when releasing legged thicketbird follow. 554) in which the listing of the black captive-reared birds to augment the wild population. These diseases include stilt and long-legged thicketbird Black Stilt remained warranted but precluded. salmonellosis, yersiniosis, A. The present or threatened campylobacteriosis, pasteurellosis (fowl On December 16, 1991, in response to destruction, modification, or cholera), capillariasis, cestodiasis, a petition submitted by the ICBP that we curtailment of the black stilt’s habitat or trematodiasis, avian malaria, and received on May 6, 1991 (1991 petition), range. Habitat loss is one of the primary coccidiosis (Jakob-Hoff 2001). Often we published a positive 90-day finding threats to the survival of the black stilt. illness and mortality in captive-reared and announced the initiation of a status Although the black stilt was once birds can be attributed to deficient review of 53 foreign birds (56 FR widespread throughout the wetlands of husbandry methods; therefore, 65207). The 1991 petition included the North and South Islands, New Zealand, improved captive-rearing husbandry giant ibis, Gurney’s pitta, Socorro the species’ current breeding range is techniques have been developed. The mockingbird, and caerulean Paradise- now restricted to wetlands and rivers of need for a surveillance program to flycatcher among the 53 foreign birds the Upper Waitaki Valley, on the eastern determine the prevalence of significant that the petitioner proposed to be added side of the Southern Alps, in central disease outbreaks in wild black stilts, to the List of Endangered and South Island, New Zealand (Maloney and other wading birds, has been Threatened Wildlife. On March 28, 1994 and Murray 2001). A few black stilts recommended, so that pre-release (59 FR 14496), we published a Proposed winter on North Island (BirdLife quarantine and health-screening rule to list 30 African birds from both International 2000). New Zealand’s protocols for captive-reared birds can be the 1980 and 1991 petitions, but in the black stilt recovery team has determined developed to protect wild birds (Jakob- same Federal Register document we that approximately 10 percent of the Hoff 2001). included a Notice of findings in which population migrates to post-breeding Although habitat loss is a primary we announced our determination that grounds in coastal Canterbury and the threat to the survival of the black stilt, listing of 38 remaining species from the northern North Island estuaries, where the other is predation by that 1991 petition was warranted but it utilizes these sites from February have been introduced to New Zealand, precluded. The species whose listing through June, before returning to including (Felis catus), ferrets was found to be warranted but breeding sites in July and August (Mustelo furo), stoats (M. erminea), precluded included the giant ibis, (Maloney and Murray 2001). The black hedgehogs (Erinaceus europaeus), and Gurney’s pitta, Socorro mockingbird, stilt requires large areas of habitat for brown rats (Rattus norvegicus) (BirdLife and caerulean Paradise-flycatcher. Our feeding and nesting. Preferred habitat International 2001, 2005). In addition, most recent Annual Notice of Findings includes riverbanks, lakeshores, populations of avian predators, such as on Resubmitted Petitions for Foreign swamps, and shallow ponds (Maloney the Australian harrier (Circus Species; Annual Description of Progress and Murray 2001). approximans) and kelp gull (Larus on Listing Actions (Annual Notice of Habitat loss and degradation are dominicanus), are unnaturally high Findings) was published in the Federal largely human-induced and are the most because of human-induced changes, Register on May 21, 2004 (69 FR 29354). difficult threats to control when such as the introduction of rabbits, In that Annual Notice of Findings, based undertaking the recovery of the species agricultural development, and the on numerical rankings and other listing (IUCN 2005). Breeding grounds and presence of rubbish dumps (Maloney priorities, we found that listing five of nesting sites have been eliminated by and Murray 2001). Most of the predation the previously petitioned species was drainage for agricultural purposes and occurs at sunset or sunrise (Sanders and now warranted. The five species diversion of rivers for hydroelectric Maloney 2002). Sanders and Maloney

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(2002) observed cats taking adult birds species still exist throughout its historic offspring of pure black stilt pairs. The during their study in the Upper Waitaki range (Maloney and Murray 2001). relatedness of all black stilts in the Basin, South Island. The black stilt’s breeding success is population has yet to be determined, but The black stilt’s life history and very low; for example, from 1977 to inbreeding depression is believed to be nesting behavior also contribute to 1979, only 2 (6.1 percent) of the 33 a possible threat (Maloney and Murray heavy predation losses experienced by chicks that hatched in unmanaged nests 2001). the species. They are solitary nesters, survived to fledge. Breeding success Based on the best available with a lengthy fledgling period, and (nesting success plus breeding success) information, we find that the black stilt exhibit ineffective anti-predator for the same period was 0.9 percent. In is in danger of extinction throughout its behavior, all factors contributing to 1981, the New Zealand Department of range because of several threats, which significant mortality of nestlings and Conservation undertook management of are not easy to manage or control. The fledglings (Pierce 1996). They also the wild black stilt population. Predator primary threat to the species is loss of prefer dry, stable riverbank locations for control was initiated, which resulted in the extensive habitat required for nesting, which may increase their fledging and breeding increases to 32.5 successful reproduction of the species. susceptibility to predation by percent and 10.8 percent, respectively. Increased demand for electrical power mammalian predators, such as feral cats From 1992 through 1999, utilizing to fuel growing economies has resulted and ferrets, which use the banks as limited predator control and artificial in the loss of wetlands due to river pathways (Pierce 1986, as cited in Collar incubation, the fledging rate for 189 diversions for hydroelectric power. et al. 1994; Maloney and Murray 2001). artificially incubated eggs that were Development of former breeding Despite 20 years of predator trapping, starting to hatch when they were placed grounds and nesting sites, for there is only limited evidence to suggest in the wild was 17 percent. Breeding agricultural purposes to provide food for that predator trapping is beneficial to success and the subsequent hatching rapidly increasing human populations, the survival of the black stilt (Keedwell rates for wild chicks was 16.5 percent. has further reduced available habitat. et al. 2002). Recruitment rates are much lower, and Furthermore, the continuing reduction D. The inadequacy of existing the rate of natural wild recruitment is and modification of wetland habitats regulatory mechanisms The species is unknown because the population has severely impacts New Zealand’s black not protected in the Appendices of the been artificially managed for the past 23 stilt reintroduction program due to the Convention on International Trade in years. The minimum recruitment rate lack of suitable available habitat for of Wild Fauna and (age ≥ 1 year) of captive-reared and release sites. A number of disease Flora (CITES) (CITES 2006). released black stilts is 22 percent organisms have been identified as The black stilt is a taonga species for (Maloney and Murray 2001). However, significant threats to black stilts and the Ngai Tahu, the native tribal during the period from 1992 to 1999, other wading birds. This issue is most population in New Zealand. Taonga researchers found that only 8 of the 189 important when considering the vital species are birds, plants, and other artificially incubated chicks (4 percent) importance of reintroduction programs animals found within the Ngai Tahu that hatched survived to 2 years of age utilizing captive-reared birds. A Claim Area. Taonga species of the Ngai (Maloney and Murray 2001). surveillance program to determine the Tahu are legally recognized under the Disturbance of breeding and nesting prevalence of disease outbreaks in wild Ngai Tahu Claims Settlement Act of grounds by outdoor recreational users of black stilts and pre-release quarantine 1998, which requires the New Zealand riverine habitats is also considered to be and health-screening protocols for Department of Conservation to consult a serious threat to the species. These captive-reared birds would help to with and have particular regard to the activities include indiscriminate use of protect wild birds before reintroduction views of the Ngai Tahu when making off-road vehicles and jet-boats, of captive-reared birds but has not yet management decisions concerning these disturbance by hikers and dogs, and been implemented. Predation is a species (Maloney and Murray 2001). fishing and camping activities (Maloney serious threat to the species, and E. Other natural or manmade factors and Murray 2001). Recreational use of predator control has been undertaken by affecting the continued existence of the riverbed sites disturbs nesting birds and the New Zealand Department of species. Conservation efforts for the prevents successful rearing of offspring Conservation for over 20 years, but there species have been guided by two (BirdLife International 2006). is little evidence that it has been recovery plans, the first published in Conservation authorities and effective in increasing fledgling survival 1993 and a second approved in 2002; scientists cite the risk of a single and recruitment. the latter covers the period 2001–2011. catastrophic level event destroying most The goal of the current recovery plan is of the population as a serious threat, Caerulean Paradise-Flycatcher to increase the black stilt population due to the species’ small population size A. The present or threatened within the next 10 years to more than (Maloney and Murray 2001). Finally, the destruction, modification, or 250 breeding individuals, with a mean dispersed nature of individual birds curtailment of the caerulean Paradise- annual recruitment rate that exceeds the limits potential contact between flycatcher’s habitat or range. The mean annual adult mortality rate possible mates, increasing the caerulean Paradise-flycatcher inhabits (Maloney and Murray 2001). A multi- likelihood of hybridization (Maloney one small primary forest around the phased program will be used to achieve and Murray 2001). In fact, interbreeding base of Gunung Sahendaruman, on the this goal. The first phase involves with the pied stilt, or poaka (H. Island of Sangihe, Indonesia (BirdLife captive-rearing black stilts and releasing himantopus), has been documented as International 2001). Virtually the entire large numbers of young. The second the population size has decreased Island of Sangihe has been deforested phase will utilize scientific research to (Pierce 1996). Excess black stilt males and converted to agricultural use. The determine the primary causes of adult are mating with female pied stilts in the total area of forest available to the and chick mortality and develop absence of black stilt females (Maloney species is probably less than 8 km2 mitigation measures to prevent excess and Murray 2001). Black stilt males and (BirdLife International 2005). mortality (Maloney and Murray 2001). It pied stilt females can produce fertile Monoculture agricultural practices such should be noted that all of the threats offspring, but survival to adult age is as commercial coconut and nutmeg that have resulted in the decline of the about 50 percent of the survival rate of plantations, clear-cutting forests for

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wood and paper production, and mortalities, such that the species is International 2005). The giant ibis also encroaching human habitation are unable to recover and slowly dwindles inhabits lakes, swamps, seasonally responsible for the large-scale land into extinction. The extinction of the flooded marshes, paddy fields, open clearances that have occurred on species may even occur during a single wooded plains, humid clearings, and Sangihe Island (BirdLife International event. pools in deep forest (Matheu and del 2001; Thompson 1996). The remaining Based on the best available Hoyo 1992). During drought conditions, habitat that does exist for the caerulean information, we find that the caerulean the species congregates at permanent Paradise-flycatcher is considered sub- Paradise-flycatcher is in danger of water holes (Matheu and del Hoyo optimal because the species prefers extinction throughout its range because 1992). However, the habitat loss through lower elevations (BirdLife International of loss of habitat, and the diminished wetland drainage for agricultural 2001; Thompson 1996). Deforestation number of individuals remaining in the purposes has reduced foraging and activities and destruction of habitat is a only extant population. The caerulean roosting areas (BirdLife International constant and continuing problem on Paradise-flycatcher is found only in a 2005). Sangihe Island (Kirby 2003; BirdLife single 8 square kilometer forest on B. Overutilization for commercial, International 2001; Thompson 1996). Sangihe Island, Indonesia. However, the recreational, scientific, or educational Since 1995, this species has been forests of Sangihe Island are rapidly purposes. We are unaware of any threats included in a biodiversity project, being clear-cut for wood and paper to the giant ibis from overutilization for Action Sampiri, which has resulted in production and the development of commercial, recreational, scientific, or the development of plans to reclassify 4 monoculture agricultural practices such educational purposes. km2 of protection forest on Gunung as commercial coconut and nutmeg C. Disease or predation. There is no Sahengbalira as a wildlife reserve, with plantations. The remaining habitat that available information indicating that core areas as a strict nature reserve exists for the caerulean Paradise- disease or predation are threats to the (BirdLife International 2005). This flycatcher is considered sub-optimal species. conservation measure, however, has not because the species prefers forested D. The inadequacy of existing yet been implemented. cover at lower elevations. Until 1998, regulatory mechanisms. The species is B. Overutilization for commercial, when a single female was located, the not protected under CITES. It occurs recreational, scientific, or educational species had been considered extinct. seasonally in the Xe Pian National purposes. There is no known threat to Later expeditions have located other Biodiversity Conservation Area (NBCA) the caerulean Paradise-flycatcher from individuals, and the current population and the Dong Khanthung proposed use for commercial, recreational, is now believed to range from 19 to 135 NBCA, Laos, where the species is scientific, or educational purposes. individuals. The continuing threat to marginally protected by the NBCA C. Disease or predation. There is no the species’ habitat, considered in the designation for a portion of each year. available evidence indicating that context of the small number of surviving The giant ibis also occurs in land set disease or predation have led to the individuals is magnified and places the aside as the Lomphat Wildlife Sanctuary decline in caerulean Paradise-flycatcher caerulean Paradise-flycatcher at risk of (Sanctuary), Cambodia, which is populations or contribute to the species’ extinction. Other threats may also be considered to be one of the most risk of extinction. affecting the species’ survival, but important areas for wildlife in D. The inadequacy of existing knowledge of the species is limited at Cambodia. In 2003 and 2004, the regulatory mechanisms. The species is this time. Service’s Rhino and Tiger Conservation not protected under CITES, and Fund supported the Lomphat according to BirdLife International Giant Ibis Conservation Project (LCP), which has a (2003), has no legal protection A. The present or threatened long-term goal of assisting rangers and nationally or internationally. destruction, modification, or field staff in the conservation of the E. Other natural or manmade factors curtailment of the giant ibis’ habitat or Sanctuary’s living resources. The LCP affecting the continued existence of the range. The giant ibis’ historic range had three goals: (1) Train and equip species. The total caerulean Paradise- extended from central and peninsular sufficient park rangers to prevent flycatcher population is currently Thailand, through central and northern poaching and illegal take of wildlife and estimated to range from 19 to 135 birds Cambodia, southern and central Laos, forest products; (2) community outreach (BirdLife International 2005). The and southern Viet Nam (King et al. and education; and (3) wildlife species is considered ‘‘Critically 1975, as cited in N.J. Collar et al. 1994). monitoring. Six teams of rangers were Endangered’’ by the IUCN because of its Although never believed to be a trained during the duration of the LCP low estimated population and extremely common bird species, its range has been and at that time, the Sanctuary had limited range, both which continue to reduced, with only a few birds instituted patrols no less than 15 days undergo major and continuing declines remaining in open deciduous forest per month. The rangers have been (IUCN 2005). Small populations are habitat in extreme southern Laos and a extremely efficient in locating poachers, subject to three primary genetic risks: portion of northern and eastern illegal loggers, and entire camps set Inbreeding depression, loss of genetic Cambodia (BirdLife International 2001). aside for poachers. The rangers have variation, and accumulation of new The species is considered to be been assisted by local villagers who are . Inbreeding can have extirpated from Viet Nam and Thailand quite interested in offering information individual and population (BirdLife International 2000). to protect their resources. The consequences by either increasing the This lowland wading bird prefers relationship between the local phenotypic expression of recessive, open and forested wetland habitats, community and the rangers was deleterious alleles (Charlesworth and which have become increasingly rare in developed using extensive public Charlesworth 1987) or by reducing the its remaining range (N.J. Collar et al. outreach and education which has overall fitness of individuals in the 1994). Although little is known of its improved conservation awareness population. breeding biology, the giant ibis is throughout the Sanctuary and around its Stochastic events such as fire, believed to nest in trees. Deforestation borders. Educational materials were typhoon, earthquake, tsunami, or other has reduced the number of nesting sites developed and tailored to the villagers’ natural disasters can result in extensive available to the species (BirdLife after a socio-economic assessment was

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completed to determine how the periods of armed conflict and war. by the ground-dwelling pitta (Rose villagers used the local resources Hunting has also been a major threat to 2003). (WildAid 2003). the species. However, habitat loss and Until 2003, ornithologists believed Unregulated hunting is believed to be degradation, and decreased availability approximately 20 Gurney’s pittas had a primary factor in the species’ decline, of nesting sites, are the largest threats to survived in the wild. However, in 2003, particularly when the birds flock around the species. Much of the species’ former a population of 10–20 pairs were waterholes during the dry season habitat has been drained, cut, irrigated, observed at one lowland forest site in (BirdLife International 2005). The and plowed for agricultural uses. Myanmar, and in 2004, about 150 birds species’ large size probably makes it were identified in the 50,000-ha Gurney’s Pitta vulnerable to hunting for subsistence Ngawun Reserve Forest, the largest purposes. Furthermore, nearly A. The present or threatened remaining contiguous lowland forest in continuous war during much of the destruction, modification, or southern Myanmar (BirdLife previous century throughout much of curtailment of the Gurney’s pitta’s International 2003c, 2004). However, the species’ range has likely contributed habitat or range. Gurney’s pitta prefers the habitat is largely unprotected. to the decline of the species (Matheu secondary, lowland semi-evergreen B. Overutilization for commercial, and del Hoyo 1992). A public-awareness forest, usually 160 meters (m) or less in recreational, scientific, or educational campaign to reduce hunting of large elevation. The species nests in purposes. Gurney’s pitta was formerly waterbirds in Laos and Cambodia uses understory Salacca palms during the popular in the pet trade and was the giant ibis as a symbol to depict all wet season, from April through October. overutilized for this purpose by local threatened waterbirds on the campaign’s Territories contain access to water and snare-trappers (Rose 2003; BirdLife posters and books (BirdLife are located in forest edge habitat near International 2005). Trapping for the International 2003). The materials are gully systems where moist conditions caged-bird trade continued to be a produced and distributed by The remain year-round (BirdLife serious threat until the early 1990s. Wildlife Conservation Society in Laos International 2000). The primary cause Although trapping appears to have and Cambodia’s Wildlife Protection for the species’ decline is the nearly ceased as the result of few available Office distributes information in an total clearance of lowland forest habitat individuals, some hunting and trapping effort to reduce hunting of waterbirds in southern Myanmar and peninsular continues in the Khao Nor Chuchi (IUCN 2006). We are not aware of any Thailand (BirdLife International 2000). protected area (Rose 2003). There is no national protective legislation. The lowland forests have been clear-cut information indicating that scientific or E. Other natural or manmade factors for timber and conversion to croplands, educational uses of the species are a affecting the continued existence of the fruit orchards, and coffee, rubber, and threat. species. The entire giant ibis population oil-palm plantations. By 1987, only 20– was estimated at 250 individuals in C. Disease or predation. There is no 50 km2 of forest below 100 m remained information that indicates any threats to 1997 (Rose and Scott 1997, as cited in in peninsular Thailand, and available BirdLife International 2006). The most the species from disease or predation. habitat in this area continues to decline recent estimate indicates a total world- D. The inadequacy of existing (BirdLife International 2000). wide population ranging from 50 to 249 regulatory mechanisms. The species birds (BirdLife International 2006). The Attempts to census the species are was listed in CITES Appendix III by species occurs over a wide range and is difficult because the Gurney’s pitta is Thailand in 1987 (CITES 2006), which highly sensitive to disturbance by shy, secretive, and relatively silent required that exports be accompanied humans. Considering the limited (WCMC 2004). To date, only three by an export permit. The species was number of mature adults believed to be Gurney’s pitta’s nests have been found listed in CITES Appendix I in 1990, remaining in the population, the and monitored. The fledging rate from which prohibited further international potential exists for a reduction in those nests was 27.3 percent (Rose trade for commercial purposes, and also genetic variation. When a species 2003). Because of the difficulty in required that any trade be legal and not becomes significantly reduced in locating the bird, until surveys were detrimental to the survival of wild number, the loss of genetic variation can conducted in 1986–1989, habitat populations. As discussed under Factor result in inbreeding depression and an requirements were poorly understood. A, one of the few remaining populations increase in the expression of deleterious Following the rediscovery of Gurney’s exists in Khao Nor Chuchi Wildlife alleles. Furthermore, small populations pitta at Khao Nor Chuchi in Myanmar Sanctuary, but nearby areas important to are more susceptible to stochastic in 1986, a non-hunting area was the species are not protected (Round events, such as severe weather, fires, established in 1987. This area was 1999; BirdLife International 2000). In and other natural disasters, which could upgraded to a wildlife sanctuary in 1990, the Khao Nor Chuchi Lowland severely reduce or eradicate the entire 1993; however, the most important and Forest Project was established to engage species in a single event. These factors extensive areas of lowland forest have the local community in management, contribute to an increased likelihood of not been protected due to the presence education programs, and ecotourism, to extinction of the species. of the local human population (Round reduce pressure on the remaining forest We are unaware of any other natural 1999). habitat. This project, however, has been or manmade factors affecting the Although there is a substantial met with only limited success as continued existence of this species. conservation effort involving adoption economic incentives continue to govern Based on the best available of sustainable agriculture methods land-use decisions (BirdLife information, we find that the giant ibis around the Khao Nor Chuchi protected International 2000). A survey in 2001 is in danger of extinction throughout its area, illegal forest clearance persists. confirmed that protection and law range because of loss of habitat and Moreover, the recent practice of enforcement at Khao Nor Chuchi is hunting. Never a common species, the planting oil palms (Elaeis guineensis) on essentially nonexistent (Rose 2003). giant ibis now occupies a much reduced illegally cleared forest patches, which E. Other natural or manmade factors range than it did historically. Range are more profitable than rubber affecting the continued existence of the reduction has occurred over the last plantations, removes the natural ground species. We are unaware of any other century during the nearly continuous cover used for feeding and concealment specific natural or manmade factors

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affecting the continued existence of this purposes. There is no available mockingbirds (BirdLife International species. information indicating that the Socorro 2000). The IUCN lists the species as Based on the best available mockingbird has been overutilized for Critically Endangered because of loss of information, we find that the Gurney’s commercial, recreational, scientific, or habitat and the small remaining number pitta is in danger of extinction educational purposes. of mature adults (IUCN 2006). throughout its range because of loss of C. Disease or predation. During the Considering the limited number of habitat and overharvest for the caged early 1970s, cats were introduced to the mature adults believed to be remaining bird trade, especially prior to 1990. The islands, and predation by feral cats was in the population, the potential exists lowland forest habitat that is preferred initially considered a factor contributing for a reduction in genetic variation. by the Gurney’s pitta has been nearly to the species’ decline (BirdLife When a species becomes significantly totally cleared in southern Myanmar International 2000). However, recent reduced in number, the loss of genetic and peninsular Thailand. These examinations of feral stomach variation can result in inbreeding lowland forests have been clear-cut for contents and scat have not provided depression and an increase in the timber and conversion to croplands, substantive evidence of feral cat expression of deleterious alleles. fruit orchards, and monoculture coffee, predation as a significant factor in the Furthermore, small populations are rubber, and oil-palm plantations. decline of the Socorro mockingbird (J. more susceptible to stochastic events, Gurney’s pitta was popular in the pet Martinez in litt., as cited in BirdLife such as severe weather, fires, and other bird trade until fewer and fewer International 2000). Nonetheless, plans natural disasters, which could severely individuals could be located during the to eradicate feral cats and introduced reduce or eradicate the entire species in 1980s. By 1990, the species had been sheep from Socorro were put forward as a single event. These factors contribute transferred from CITES Appendix III to early as 1999 (B. Tershy and B. Keitt in to an increased likelihood of extinction Appendix I, which prohibits litt. 1999 as cited in BirdLife of the species. commercial trade in the species. International 2000). In 2001, Grupo de We are unaware of any other specific However, the previous large-scale Ecologı´a y Conservacio´n de Islas, A.C., natural or manmade factors affecting the snaring of birds for the trade had (GECI) received a North American continued existence of this species. already reduced the population to such Wetlands Conservation Act grant to Based on the best available a small number of individuals that the initiate the eradication of cats and sheep information, we find that the Socorro species has become in danger of from Socorro Island (USFWS 2006). We mockingbird is in danger of extinction extinction. Additionally, the remaining are not aware of any disease concerns throughout its range because of loss of small populations are susceptible to the that may have led to the decline of habitat. The primary cause of habitat three genetic risks discussed earlier: Socorro mockingbird species. loss and range contraction is inbreeding depression, loss of genetic D. The inadequacy of existing overgrazing due to the introduction of variation, and accumulation of new regulatory mechanisms. The species is domestic sheep. Introduced rabbits and deleterious mutations. not protected under CITES (CITES pigs have also destroyed habitat by 2006). Although the Revillagigedo preventing woodland regeneration, thus Socorro mockingbird Islands were declared a biosphere forcing the complete extirpation of the A. The present or threatened reserve in 1994, this does not confer Socorro mockingbird from most of its destruction, modification, or protection upon the Islands (Rodriguez- former range. curtailment of Socorro mockingbird’s Estrella et al. 1996, as cited in BirdLife habitat or range. The Socorro International 2000). We are unaware of Long-Legged Thicketbird mockingbird’s habitat and range have any further protection for the species. A. The present or threatened been severely degraded and reduced E. Other natural or manmade factors destruction, modification, or due to intensive grazing by introduced affecting the continued existence of the curtailment of the long-legged domestic sheep (BirdLife International species. In 1925, the Socorro thicketbird’s habitat or range. Much of 2000). Rabbits and pigs that were also mockingbird was the most abundant the forest habitat the long-legged introduced in the area have destroyed land-based bird on Socorro Island, and thicketbird inhabits is unprotected in habitat by preventing woodland it was still considered plentiful in 1958. Fiji and there is a high probability that regeneration (Cody 2005). Prior to However, within the next 20 years, the it will be logged and converted to widespread unchecked grazing, the species began to decline, and by 1978 it plantations for big-leaf mahogany species was distributed in all vegetation was feared to be on the verge of (Swietenia macrophylla) in the near types on the island including scrub, extinction (BirdLife International 2000). future (BirdLife International 2003b). woodland, and woodland edge (Cody Field surveys conducted from 1988 Converting forest habitat to mahogany 2005). This species is also absent in through 1990 yielded population plantations produces unsuitable habitat degraded habitat where hop bush estimates of 50–200 remaining pairs for this species and is a putative factor (Dodonaea viscose) has replaced the (Castellanos and Rodr 1993 as cited in in the species’ decline. original understory (Martı´nez-Go´mez et BirdLife International 2000). Further B. Overutilization for commercial, al. 2001). It is now restricted to mixed surveys carried out in 1993–1994 recreational, scientific, or educational open woodland and wooded canyons at resulted in a population estimate of 350 purposes. We are unaware of any threat higher elevations and is most common individuals inhabiting the island to the species from overutilization for in undisturbed habitat (Cody 2005). (MartGand Curry 1996 as cited in commercial, recreational, scientific, or Grazing has completely extirpated the BirdLife International 2000). During the educational purposes. species from the southern portion of the survey, 215 birds were banded and 55 C. Disease or predation. Mongooses island. Reduction of habitat is percent of the total was found to be were introduced in 1883 to Fiji to kill considered the primary cause of subadults (BirdLife International 2000). rats (IUCN et al 2006). However, they population and range declines of the The large percentage of subadults are considered a serious predatory Socorro mockingbird (BirdLife suggests that the current number of threat because they also prey on ground- International 2000; IUCN 2005). mature birds is quite small (IUCN 2003). dwelling forest birds, such as the long- B. Overutilization for commercial, Population estimates in 2000 ranged legged thicketbird (BirdLife recreational, scientific, or educational from 50 to 249 individual Socorro International 2005). The mongoose is

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responsible for the local extirpation of increase in the expression of deleterious prohibitions and exceptions that apply all of the ground-nesting birds on the alleles. Furthermore, small populations to all endangered wildlife. As such, main Fijian islands (BirdLife are more susceptible to stochastic these prohibitions would be applicable International 2004). It is likely that events, such as severe weather, fires, to the black stilt, caerulean Paradise- mongoose predation has contributed to and other natural disasters, which could flycatcher, giant ibis, Gurney’s pitta, the decline of the long-legged significantly reduce or eradicate the Socorro mockingbird, and long-legged thicketbird, given that the species is entire species in a single event. These thicketbird. These prohibitions, ground-dwelling and currently factors contribute to an increased pursuant to 50 CFR 17.21, in part, make restricted to rainforests in the likelihood of extinction of the species. it illegal for any person subject to the mountainous regions of the Fijian Based on the best available jurisdiction of the United States to Islands. information, we find that the long- ‘‘take’’ (includes harass, harm, pursue, D. The inadequacy of existing legged thicketbird is in danger of hunt, shoot, wound, kill, trap, capture, regulatory mechanisms. The forest extinction throughout its range because or to attempt any of these) within the habitat of the long-legged thicketbird is the species is an island endemic found United States or upon the high seas; unprotected in Fiji (BirdLife in extremely limited habitat. Other import or export; deliver, receive, carry, International 2004). We are not aware of threats include loss of habitat and transport, or ship in interstate or foreign any existing regulatory mechanisms for predation. Degraded forest habitat is commerce in the course of commercial the conservation of the species. The unsuitable for the species and is activity; or sell or offer for sale in species is not protected under CITES believed to be a factor in the species’ interstate or foreign commerce any (CITES 2006). decline. Predation by introduced endangered wildlife species. It also is E. Other natural or manmade factors mongoose is likely also a threat to the illegal to possess, sell, deliver, carry, affecting the continued existence of the species, as they have been the cause of transport, or ship any such wildlife that species. The long-legged thicketbird is a extirpation of many other ground- has been taken in violation of the Act. reclusive island endemic, found only in dwelling bird species in the Fijian Certain exceptions apply to agents of the the mountain forests of Fiji, which are Islands. Service and State conservation agencies. rapidly being destroyed by logging and Permits may be issued to carry out Available Conservation Measures development of bigleaf mahogany otherwise prohibited activities plantations. Previously believed to be Conservation measures provided to involving endangered wildlife species extinct, the species was rediscovered in species listed as endangered or under certain circumstances. 2004, and only a small number of threatened under the Act include Regulations governing permits are individuals have been located at this recognition, recovery actions, codified at 50 CFR 17.22. With regard to time. Researchers discovered 12 pairs of requirements for Federal protection, and endangered wildlife, a permit may be long-legged thicketbirds in Wabu, a prohibitions against certain practices. issued for the following purposes: For remote Forest Reserve on the island of Recognition through listing results in scientific purposes, to enhance the Viti Levu, Fiji (BirdLife International public awareness, and encourages and propagation or survival of the species, 2003). The survey coordinator was the results in conservation actions by and for incidental take in connection first to notice a previously unknown Federal and State governments, private with otherwise lawful activities. bird song on Viti Levu while field agencies and groups, and individuals. personnel were recording other species’ Section 7(a) of the Act, as amended, Public Comments Solicited songs in the area. Recognition of the and as implemented by regulations at 50 The Service intends that any final unknown bird song finally led the team CFR part 402, requires Federal agencies action resulting from this proposal will to nine pairs of long-legged thicketbirds to evaluate their actions within the be as accurate and as effective as inhabiting in dense undergrowth United States or on the high seas with possible. Therefore, comments or thickets along a 2-km reach of stream at respect to any species that is proposed suggestions from the public, other an elevation of 800–1000 meters or listed as endangered or threatened, concerned governmental agencies, the (BirdLife International 2003). Field and with respect to its critical habitat, scientific community, industry, or any personnel believe that the discovery of if any is being designated. However, other interested party concerning this 18 birds living in such a limited area of given that the black stilt, caerulean proposed rule are hereby solicited. old-growth forest reflects a relatively Paradise-flycatcher, giant ibis, Gurney’s Comments particularly are sought high local density (BirdLife pitta, Socorro mockingbird, and long- concerning biological information, International 2003). Two pairs of the legged thicketbird are not native to the population status, commercial trade, or birds were accompanied by recently United States, no critical habitat is being other relevant data concerning any fledged juveniles. Additional birds have proposed for designation with this rule. threat (or lack thereof) to these species. been located during recent surveys, and Section 8(a) of the Act authorizes the Our practice is to make comments, the population is now believed to range provision of limited financial assistance including names and home addresses of from 50 to 249 individuals, with a stable for the development and management of respondents, available for public review trend (BirdLife International 2006). The programs that the Secretary of the during regular business hours. IUCN categorizes the species as Interior determines to be necessary or Individuals may request that we Endangered (IUCN 2006). Little is useful for the conservation of withhold their home addresses, which known about the species’ life history, endangered species in foreign countries. we will honor to the extent allowable by except that it prefers old-growth forest, Sections 8(b) and 8(c) of the Act law. In some circumstances, we may which is rapidly disappearing in the authorize the Secretary to encourage also withhold an individual’s identity, area. Similar to other species with small conservation programs for foreign as allowable by law. If you wish us to population numbers, the thicketbird endangered species and to provide withhold your name or address, you may have experienced a reduction in assistance for such programs in the form must state this request prominently at genetic variation. When a species of personnel and the training of the beginning of your comment. becomes significantly reduced in personnel. However, we will not consider number, the loss of genetic variation can The Act and its implementing anonymous comments. To the extent result in inbreeding depression and an regulations set forth a series of general consistent with applicable law, we will

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make all submissions from Management and Budget (OMB) under make this rule easier to understand to organizations or businesses, and from 44 U.S.C. 3501 et seq. The regulation the Office of Regulatory Affairs, individuals identifying themselves as will not impose new recordkeeping or Department of the Interior, Room 7229, representatives or officials of reporting requirements on State or local 1849 C Street, NW., Washington, DC organizations or businesses, available governments, individuals, businesses, or 20240. You also may e-mail comments for public inspection in their entirety. organizations. We may not conduct or to [email protected]. Comments and materials received will sponsor and you are not required to References Cited be available for public inspection, by respond to a collection of information appointment, during normal business unless it displays a currently valid OMB A list of the references used to hours at the address listed in the control number. develop this proposed rule is available ADDRESSES section. upon request (see ADDRESSES section). National Environmental Policy Act Final promulgation of the regulations Author concerning the listing of these species We have determined that will take into consideration all Environmental Assessments and The primary author of this notice is comments and additional information Environmental Impact Statements, as Marie T. Maltese, Division of Scientific received by the Service, and such defined under the authority of the Authority, U.S. Fish and Wildlife communications may lead to a final National Environmental Policy Act of Service (see ADDRESSES section). regulation that differs from this 1969, need not be prepared in List of Subjects in 50 CFR Part 17 proposal. connection with regulations adopted The Act provides for one or more pursuant to section 4(a) of the Act. A Endangered and threatened species, public hearings on this proposal, if notice outlining our reasons for this Exports, Imports, Reporting and requested. Requests must be received determination was published in the recordkeeping requirements, within 45 days of the date of the Federal Register on October 25, 1983 Transportation. publication of the proposal in the (48 FR 49244). Proposed Regulation Promulgation Federal Register. Such requests must be Clarity of This Regulation made in writing and be addressed to the Accordingly, we propose to amend Chief of the Division of Scientific Executive Order 12866 requires each part 17, subchapter B of chapter I, title Authority (see ADDRESSES section). agency to write regulations that are easy 50 of the Code of Federal Regulations, to understand. We invite your as follows: Peer Review comments on how to make this In accordance with our policy, proposed rule easier to understand, PART 17—[AMENDED] ‘‘Notice of Interagency Cooperative including answers to questions such as 1. The authority citation for part 17 Policy for Peer Review in Endangered the following: (1) Are the requirements continues to read as follows: Species Act Activities,’’ that was in the proposed rule clearly stated? (2) published on July 1, 1994 (59 FR Does the proposed rule contain Authority: 16 U.S.C. 1361–1407; 16 U.S.C. 34270), we will seek the expert opinion technical language or jargon that 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– of at least three appropriate interferes with its clarity? (3) Does the 625, 100 Stat. 3500; unless otherwise noted. independent specialists regarding this format of the proposed rule (groupings 2. Amend 17.11(h) by adding new proposed rule. The purpose of such and order of sections, use of headings, entries for ‘‘Ibis, giant,’’ ‘‘Mockingbird, review is to ensure listing decisions are paragraphing, etc.) aid or reduce its Socorro,’’ ‘‘Paradise-flycatcher, based on scientifically sound data, clarity? (4) Would the rule be easier to caerulean,’’ ‘‘Pitta, Gurney’s,’’ ‘‘Stilt, assumptions, and analysis. We will send understand if it were divided into more black,’’ and ‘‘Thicketbird, Long-legged’’ copies of this proposed rule to the peer (but shorter) sections? (5) Is the in alphabetical order under Birds, to the reviewers immediately following description of the proposed rule in the List of Endangered and Threatened publication in the Federal Register. SUPPLEMENTARY INFORMATION section of Wildlife as follows: the preamble helpful in understanding Paperwork Reduction Act the proposed rule? What else could we § 17.11 Endangered and threatened This proposed rule does not contain do to make the proposed rule easier to wildlife. any new collections of information that understand? Send a copy of any * * * * * require approval by the Office of comments that concern how we could (h) * * *

Species Vertebrate population Historic range where endangered or Status When Critical Special Common name Scientific name threatened listed habitat rules

******* BIRDS

******* Ibis, giant ...... Pseudibis gigantea ... Cambodia, Laos, Entire ...... E ...... NA NA Thailand, Viet Nam.

******* Mockingbird, Socorro Mimodes graysoni ..... Mexico ...... Entire ...... E ...... NA NA

******* Paradise-flycatcher, Eutrichomyias rowleyi Indonesia ...... Entire ...... E ...... NA NA caerulean.

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Species Vertebrate population Historic range where endangered or Status When Critical Special Common name Scientific name threatened listed habitat rules

******* Pitta, Gurney’s ...... Pitta gurneyi ...... Myanmar, Thailand ... Entire ...... E ...... NA NA

******* Stilt, black ...... Himantopus New Zealand ...... Entire ...... E ...... NA NA novaezelandiae.

******* Thicketbird, long- Trichocichla rufa ...... Fiji ...... Entire ...... E ...... NA NA legged.

*******

Dated: November 6, 2006. H. Dale Hall, Director, Fish and Wildlife Service. [FR Doc. E6–19721 Filed 11–21–06; 8:45 am] BILLING CODE 4310–55–P

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