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Department of the Interior Fish and Wildlife Service Tuesday, August 17, 2010 Part II Department of the Interior Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Listing Three Foreign Bird Species From Latin America and the Caribbean as Endangered Throughout Their Range; Final Rule VerDate Mar<15>2010 15:04 Aug 16, 2010 Jkt 220001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\17AUR2.SGM 17AUR2 jdjones on DSK8KYBLC1PROD with RULES_2 50814 Federal Register / Vol. 75, No. 158 / Tuesday, August 17, 2010 / Rules and Regulations DEPARTMENT OF THE INTERIOR Previous Federal Actions petition and 1991 petition). In that On November 24, 1980, we received document, we announced our finding Fish and Wildlife Service a petition (1980 petition) from Dr. that listing the remaining 38 species Warren B. King, Chairman of the from the 1991 petition, including 50 CFR Part 17 International Council for Bird Andean flamingo, was warranted but Preservation (ICBP), to add 60 foreign precluded by higher priority listing [Docket No. FWS–R9–ES–2009–0092; bird species to the List of Threatened actions. On January 12, 1995 (60 FR 90100–16601–FLA–B6] and Endangered Wildlife (50 CFR 2899), we published the final rule to list 17.11(h)), including two species (the the 30 African birds and reiterated the RIN 1018–AV76 Chilean woodstar and the St. Lucia warranted-but-precluded status of the forest thrush) that are the subject of this remaining species from the 1991 Endangered and Threatened Wildlife final rule. In response to the 1980 petition. We made subsequent and Plants; Listing Three Foreign Bird petition, we published a positive 90-day warranted-but-precluded findings for all Species From Latin America and the finding on May 12, 1981 (46 FR 26464) outstanding foreign species from the Caribbean as Endangered Throughout for 58 foreign species, noting that 2 of 1980 and 1991 petitions, including the Their Range the foreign species identified in the three species that are the subject of this petition were already listed under the final rule, as published in our annual AGENCY: Fish and Wildlife Service, notice of review (ANOR) on May 21, Act, and initiated a status review. On Interior. 2004 (69 FR 29354), and April 23, 2007 January 20, 1984 (49 FR 2485), we ACTION: Final rule. (72 FR 20184). published a 12-month finding within an Per the Service’s listing priority SUMMARY: We, the U.S. Fish and annual review on pending petitions and guidelines (September 21, 1983; 48 FR Wildlife Service (Service), determine description of progress on all species 43098), our 2007 ANOR identified the endangered status for three species of petition findings addressed therein. In listing priority numbers (LPNs) (ranging birds from Latin America and the that notice, we found that all 58 foreign from 1 to 12) for all outstanding foreign Caribbean—the Andean flamingo bird species from the 1980 petition were species. The LPNs for the three species (Phoenicoparrus andinus), the Chilean warranted but precluded by higher of birds in this final rule were as woodstar (Eulidia yarrellii), and the St. priority listing actions. On May 10, follows: Andean flamingo (LPN 2), Lucia forest thrush (Cichlherminia 1985, we published the first annual Chilean woodstar (LPN 4), and St. Lucia lherminieri sanctaeluciae)—under the notice (50 FR 19761), in which we forest thrush (LPN 3). Endangered Species Act of 1973, as continued to find that listing all 58 On January 23, 2008, the United amended (Act). foreign bird species from the 1980 States District Court for the Northern petition was warranted but precluded. DATES: This final rule is effective District of California ordered the Service September 16, 2010. In our next annual notice, published on to issue proposed listing rules for five January 9, 1986 (51 FR 996), we found ADDRESSES: This final rule is available foreign bird species, actions which had that listing 54 species from the 1980 been previously determined to be on the Internet at http:// petition, including the 2 species that are www.regulations.gov. Comments and warranted but precluded: Andean the subject of this final rule, continued flamingo (Phoenicoparrus andinus), materials received, as well as supporting to be warranted but precluded, whereas documentation used in the preparation black-breasted puffleg (Eriocnemis new information caused us to find that nigrivestis), Chilean woodstar (Eulidia of this rule, are available for public listing 4 other species in the 1980 inspection, by appointment, during yarrellii), medium tree finch petition was no longer warranted. We (Camarhynchus pauper), and St. Lucia normal business hours at: U.S. Fish and published additional annual notices on forest thrush (Cichlherminia lherminieri Wildlife Service, Branch of Foreign the remaining 54 species included in sanctaeluciae). The court ordered the Species, Endangered Species Program, the 1980 petition on July 7, 1988 (53 FR Service to issue proposed listing rules 4401 N. Fairfax Drive, Room 420, 25511); December 29, 1988 (53 FR for these species by the end of 2008. Arlington, VA 22203; telephone 703– 52746); and November 21, 1991 (56 FR On July 29, 2008 (73 FR 44062), we 358–2171. 58664), in which we indicated that published in the Federal Register a FOR FURTHER INFORMATION CONTACT: listing the Chilean woodstar and the St. notice announcing our annual petition Janine VanNorman, Chief, Branch of Lucia forest thrush, along with the findings for foreign species. In that Foreign Species, Endangered Species remaining species in the 1980 petition, notice, we announced listing to be Program, U.S. Fish and Wildlife Service, continued to be warranted but warranted for 30 foreign bird species, 4401 N. Fairfax Drive, Room 420, precluded. including the 5 species that are subject Arlington, VA 22203; telephone 703– On May 6, 1991, we received a to the January 23, 2008, court order, of 358–2171; facsimile 703–358–1735. If petition (hereafter referred to as the which 3 species are the subject of this you use a telecommunications device 1991 petition) from ICBP, to add 53 final rule. The medium tree finch and for the deaf (TDD), call the Federal species of foreign birds to the List of black-breasted puffleg are the subjects of Information Relay Service (FIRS) at Endangered and Threatened Wildlife, separate rules. The proposed rules for 800–877–8339. including the Andean flamingo, also the the medium tree finch and black- SUPPLEMENTARY INFORMATION: subject of this final rule. In response to breasted puffleg published in the the 1991 petition, we published a Federal Register on December 8, 2008 Background positive 90-day finding on December 16, (73 FR 74434 and 73 FR 74427, In this final rule, we determine 1991 (56 FR 65207), for all 53 species, respectively). The final rule for the endangered status for the Andean and announced the initiation of a status black-breasted puffleg published on July flamingo (Phoenicoparrus andinus), the review. On March 28, 1994 (59 FR 27, 2010 (75 FR 43844). Chilean woodstar (Eulidia yarrellii), and 14496), we published a 12-month On December 24, 2008 (73 FR 79226), the St. Lucia forest thrush finding on the 1991 petition, along with we published a Federal Register notice (Cichlherminia lherminieri a proposed rule to list 30 African birds proposing endangered status for the sanctaeluciae). under the Act (15 each from the 1980 Andean flamingo (Phoenicoparrus VerDate Mar<15>2010 15:04 Aug 16, 2010 Jkt 220001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\17AUR2.SGM 17AUR2 jdjones on DSK8KYBLC1PROD with RULES_2 Federal Register / Vol. 75, No. 158 / Tuesday, August 17, 2010 / Rules and Regulations 50815 andinus), the Chilean woodstar (Eulidia recreational, scientific, or educational Taxonomy yarrellii), and the St. Lucia forest thrush purposes; (C) disease or predation; (D) (Cichlherminia lherminieri the inadequacy of existing regulatory The Andean flamingo was first sanctaeluciae). We implemented the mechanisms; and (E) other natural or taxonomically described as Service’s peer review process and manmade factors affecting its continued Phoenicopterus andinus opened a 60-day comment period to existence. (Phoenicopteridae family), by Rodulfo solicit scientific and commercial Below is a species-by-species analysis Philippi in 1854 (Philippi 1860, p. 164; information on the species from all of these five factors. The species are Hellmayr 1932, p. 448). In 1856, interested parties following publication considered in alphabetical order, Bonaparte split the genus of the proposed rule. beginning with the Andean flamingo, Phoenicopterus, placing the Andean flamingo in a separate genus, as Summary of Comments and and followed by the Chilean woodstar and the St. Lucia forest thrush. Phoenicoparrus andinus, along with the Recommendations sympatric (species inhabiting the same In the proposed rule published on I. Andean flamingo (Phoenicoparrus or overlapping geographical areas) December 24, 2008 (73 FR 79226), we andinus) James’ flamingos (P. jamesi) (Hellmayr requested that all interested parties Species Description and Conover 1948, pp. 273–278; Jenkin submit written comments on the Flamingos (Phoenicopteridae) are 1957, p. 405). In 1990, Sibley and proposal by February 23, 2009. We Monroe (1990, p. 311) suggested the received one comment on the proposed gregarious, long-lived birds that inhabit saline wetlands and breed in colonies Andean flamingo should be returned to rule from the public that did not the genus Phoenicopterus, based on the support the proposal and one comment (del Hoyo 1992, pp. 509–519; Caziani et al. 2007, pp. 277). The Andean flamingo close genetic relatedness among all that supported the proposal; neither flamingo species (Sibley and Ahlquist comment contained substantive is the largest member of the Phoenicopteridae family in South 1989, as cited in Ramsen et al. 2007, p. information. We did not receive any 18). However, many contemporary requests for a public hearing. America, reaching an adult height of 3.5 feet (ft) (110 centimeters (cm)) (Fjeldsa˚ researchers maintain that the Andean Peer Review and Krabbe 1990, p.
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