Vol. 77 Tuesday, No. 142 July 24, 2012 Part II Department of the Interior Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Listing Foreign Bird Species in Peru and Bolivia as Endangered Throughout Their Range; Final Rule VerDate Mar<15>2010 21:15 Jul 23, 2012 Jkt 226001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\24JYR2.SGM 24JYR2 srobinson on DSK4SPTVN1PROD with RULES2 43434 Federal Register / Vol. 77, No. 142 / Tuesday, July 24, 2012 / Rules and Regulations DEPARTMENT OF THE INTERIOR Junı´n rail, Peruvian plantcutter, royal 14496), we published a 12-month cinclodes, and white-browed tit- finding on the 1991 petition, along with Fish and Wildlife Service spinetail. These species are all native to a proposed rule to list 30 African birds Peru. The ash-breasted tit-tyrant and under the Act (which included 15 50 CFR Part 17 royal cinclodes are also native to species from the 1991 petition). In that [Docket No. FWS–R9–IA–2009–0059; Bolivia. Each of these six species is document, we announced our finding 4500030115] affected by the loss and degradation of that listing the remaining 38 species habitat. In addition to severely from the 1991 petition, including the six RIN 1018–AV77 contracted ranges and distributions of Peruvian bird species that are the these species, their small, declining subject of this proposed rule, was Endangered and Threatened Wildlife populations are an additional threat to warranted but precluded by higher and Plants; Listing Foreign Bird their survival. priority listing actions. We made a Species in Peru and Bolivia as This action is authorized by the subsequent warranted-but-precluded Endangered Throughout Their Range Endangered Species Act of 1973 (Act) finding for all outstanding foreign AGENCY: Fish and Wildlife Service, (16 U.S.C. 1531 et seq.), as amended. It species from the 1991 petition, Interior. affects part 17, subchapter B of chapter including the six Peruvian bird species ACTION: Final rule. I, title 50 of the Code of Federal that are the subject of this proposed Regulations. rule, as published in our annual notice SUMMARY: We, the U.S. Fish and These six foreign bird species will be of review (ANOR) of foreign species on Wildlife Service (We or Service), listed as endangered under the Act. May 21, 2004 (69 FR 29354). Per the Service’s listing priority determine endangered status for the Background following six South American bird guidelines (September 21, 1983; 48 FR species (collectively referred to as On January 5, 2010, we published a 43098), our 2007 ANOR (77 FR 20184, species for purposes of this final rule) proposed rule (75 FR 606) to list these April 23, 2007) identified the listing under the Endangered Species Act of six species as endangered: Ash-breasted priority numbers (LPNs) (ranging from 1 1973, as amended (Act): Ash-breasted tit-tyrant (Anairetes alpinus), Junı´n to 12) for all outstanding foreign tit-tyrant (Anairetes alpinus), Junı´n grebe (Podiceps taczanowskii), Junı´n species. The six Peruvian bird species grebe (Podiceps taczanowskii), Junı´n rail (Laterallus tuerosi), Peruvian that are the subject of this proposed rule rail (Laterallus tuerosi), Peruvian plantcutter (Phytotoma raimondii), were designated with an LPN of 2, and plantcutter (Phytotoma raimondii), royal cinclodes (Cinclodes aricomae), we determined that their listing royal cinclodes (Cinclodes aricomae), and white-browed tit-spinetail continued to be warranted but and white-browed tit-spinetail (Leptasthenura xenothorax). These precluded because of other listing (Leptasthenura xenothorax). These species are all native to Peru. The ash- actions. A listing priority of 2 indicates species are in danger of extinction breasted tit-tyrant and royal cinclodes that the species faces imminent threats throughout all of their ranges. All six are also native to Bolivia. of high magnitude. With the exception species are native to Peru. The ash- We opened the public comment of the listing priority ranking of 1, breasted tit-tyrant and royal cinclodes period on the proposed rule for 60 days, which addresses monotypic genera that are also native to Bolivia. which ended March 8, 2010, to allow all face imminent threats of high interested parties an opportunity to DATES: This rule becomes effective magnitude, LPN categories 2 and 3 are comment on the proposed rule. August 23, 2012. among the Service’s highest priorities We are addressing these six species for listing. ADDRESSES: This final rule is available under a single rule for efficiency. Each On July 29, 2008 (73 FR 44062), we on the Internet at http:// of these species is affected by similar published in the Federal Register a www.regulations.gov. Comments and threats. The major threat to these notice announcing our annual petition materials received, as well as supporting species is the loss and degradation of findings for foreign species. In that documentation used in the preparation habitat. In addition to severely notice, we announced listing to be of this rule, are available for public contracted ranges and distributions of warranted for 30 foreign bird species, inspection at http:// these species, their small, declining including the six Peruvian bird species www.regulations.gov or by appointment, populations are an additional threat. In that are the subject of this proposed during normal business hours at: U.S. this rule, we combined the evaluation of rule, and stated that we would promptly Fish and Wildlife Service, Endangered species that face similar threats within publish proposals to list these 30 taxa. Species Program, 4401 N. Fairfax Drive, the same general habitat type and In selecting these six species from the Suite 400, Arlington, VA 22203. geographic area into one section to list of warranted-but-precluded species, FOR FURTHER INFORMATION CONTACT: maximize our limited staff resources. we took into consideration the Janine Van Norman, Chief, Branch of magnitude and immediacy of the threats Foreign Species, Endangered Species Previous Federal Actions to the species, consistent with the Program, U.S. Fish and Wildlife Service, On May 6, 1991, we received a Service’s listing priority guidelines. 4401 North Fairfax Drive, Room 420, petition (the 1991 petition) from the On September 8, 2008, the Service Arlington, VA 22203. If you use a International Council for Bird received a 60-day notice of intent to sue telecommunications device for the deaf Preservation (ICBP) to add 53 foreign from the Center for Biological Diversity (TDD), call the Federal Information bird species to the List of Endangered (CBD) and Peter Galvin over violations Relay Service (FIRS) at 800–877–8339. and Threatened Wildlife, including the of section 4 of the Act for the Service’s SUPPLEMENTARY INFORMATION: six Peruvian bird species that are the failure to promptly publish listing subject of this proposed rule. In proposals for the 30 warranted species Executive Summary response to the 1991 petition, we identified in our 2008 ANOR. Under a On January 5, 2010, we published a published a substantial 90-day finding settlement agreement approved by the proposed rule (75 FR 606) to list these on December 16, 1991 (56 FR 65207), for U.S. District Court for the Northern six foreign bird species as endangered: all 53 species and initiated a status District of California on June 15, 2009, Ash-breasted tit-tyrant, Junı´n grebe, review. On March 28, 1994 (59 FR (CBD et al. v. Salazar, 09–CV–02578– VerDate Mar<15>2010 21:15 Jul 23, 2012 Jkt 226001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\24JYR2.SGM 24JYR2 srobinson on DSK4SPTVN1PROD with RULES2 Federal Register / Vol. 77, No. 142 / Tuesday, July 24, 2012 / Rules and Regulations 43435 CRB), we were required to submit to the Summary of Comments and history, population estimates, threat Federal Register proposed listing rules Recommendations factors, and current conservation efforts for the ash-breasted tit-tyrant, Junı´n In the proposed rule that published were provided and also incorporated grebe, Junı´n rail, Peruvian plantcutter, on January 5, 2010 (75 FR 606), we into this rule. In response to a comment royal cinclodes, and white-browed tit- requested that all interested parties from a peer reviewer who thought that spinetail by December 29, 2009. That submit information that might the proposed rule was difficult to read, proposed rule published on January 5, contribute to the development of a final we have tried to reorganize our 2010 (75 FR 606). rule. We also contacted appropriate evaluation and finding in a clearer Summary of Changes From the scientific experts and organizations and manner in this final rule. Proposed Rule invited them to comment on the Species Information proposed listings. This final rule incorporates changes to Below is a description of each species. our proposed listing based on new We received three comments on the proposed rule from the public. One The species are described in information located on these species alphabetical order, beginning with the since the proposed rule was published, comment from the public expressed support for the proposed listings but ash-breasted tit-tyrant, followed by the including comments and information Junı´n grebe, Junı´n rail, Peruvian received from peer reviewers. In order provided no substantive information. One commenter requested that we take plantcutter, royal cinclodes, and the to be concise and efficient, we are white-browed tit-spinetail. incorporating by reference background climate change into account when information