35746 Federal Register / Vol. 75, No. 120 / Wednesday, June 23, 2010 / Proposed Rules

Species Historic range Family Status When listed Critical habitat Special rules Scientific name Common name

Phacelia DeBeque phacelia U.S.A. (CO) Hydrophyllaceae T NA NA submutica

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* * * * * • Electronically: Go to the Federal trends (especially breeding and foraging Dated: June 8, 2010 eRulemaking Portal: http:// habitats), diet, and population Jeffrey L. Underwood, www.regulations.gov. In the Keyword abundance and trends (especially box, enter Docket No. FWS-R9-ES-2009- current recruitment data) of this . Acting Director, U.S. Fish and Wildlife 0094 which is the docket number for Service. (2) Information on the effects of this rulemaking. Then, in the Search habitat loss and changing land uses on [FR Doc. 2010–15251 Filed 6–22–10; 8:45 am] panel on the left side of the screen the distribution and abundance of this BILLING CODE 4310–55–S under the Document Type heading, species and its principal food sources click on the Proposed Rules link to over the short and long term. locate this document. You may submit DEPARTMENT OF THE INTERIOR (3) Information on whether changing a comment by clicking on ‘‘Send a climatic conditions are affecting the Fish and Wildlife Service Comment or Submission.’’ species, its habitat, or its prey base. • By hard copy: Submit by U.S. mail (4) Information on the effects of other 50 CFR Part 17 or hand-delivery to: Public Comments potential threat factors, including live Processing, Attn: FWS-R9-ES-2009- capture and collection, domestic and [FWS-R9-ES-2009-0094] 0094; Division of Policy and Directives international trade, predation by other [MO92210-0-0010-B6] Management; U.S. Fish and Wildlife , and diseases of this species or Service; 4401 N. Fairfax Drive, Suite its principal food sources over the short Endangered and Threatened Wildlife 222; Arlington, VA 22203. and long term. and Plants; 90-Day Finding on a We will post all comments on http:// (5) Information on management Petition to List the Honduran Emerald www.regulations.gov. This generally programs for Hummingbird as Endangered means that we will post any personal conservation, including mitigation information you provide us (see the AGENCY: Fish and Wildlife Service, measures related to conservation Interior. Information Solicited section below for programs, and any other private, tribal, more details). or governmental conservation programs ACTION: Notice of 90–day petition FOR FURTHER INFORMATION CONTACT: that benefit this species. finding and initiation of status review. Nicole Alt, Chief, Division of (6) Information relevant to whether SUMMARY: We, the U.S. Fish and Conservation and Classification, any populations of this species may Wildlife Service (Service), announce a Endangered Species Program, U.S. Fish qualify as distinct population segments. 90–day finding on a petition to list as and Wildlife Service, 4401 N. Fairfax (7) Information on captive endangered under the Endangered Drive, Room 420, Arlington, VA 22203; populations and captive breeding and Species Act of 1973, as amended (Act), telephone 703-358-2171; facsimile 703- domestic trade of this species in the the Honduran emerald hummingbird 358-1735. If you use a United States ( luciae). We find that the telecommunications device for the deaf (8) Genetics and ; petition presents substantial scientific (TDD), call the Federal Information (9) The factors that are the basis for or commercial information indicating Relay Service (FIRS) at 800-877-8339. making a listing determination for a that listing the Honduran emerald SUPPLEMENTARY INFORMATION: species under section 4(a) of the Act (16 U.S.C. 1531 et seq.), which are: hummingbird may be warranted. Request for Information Therefore, with the publication of this (a) The present or threatened notice, we are initiating a status review When we make a finding that destruction, modification, or of the Honduran emerald hummingbird substantial information is presented to curtailment of its habitat or range; to determine if listing is warranted. To indicate that listing a species may be (b) Overutilization for commercial, ensure that the status review is warranted, we are required to promptly recreational, scientific, or educational comprehensive, we are soliciting review the status of the species (status purposes; information and data regarding this review). To ensure that the status review (c) Disease or predation; species. is complete and based on the best (d) The inadequacy of existing available scientific and commercial regulatory mechanisms; or DATES: To allow us adequate time to information, we request information on (e) Other natural or manmade factors conduct this review, we request that we the Honduran emerald hummingbird. affecting its continued existence. receive information on or before August We request scientific and commercial Please include sufficient information 23, 2010. After this date, you must information from the public, concerned with your submission (such as full submit information directly to the governmental agencies, the scientific references) to allow us to verify any address in the FOR FURTHER INFORMATION community, industry, or any other scientific or commercial information CONTACT section). Please note that we interested parties on the status of the you include. may not be able to address or Honduran emerald hummingbird, We will base our status review on the incorporate information that we receive throughout its range, including but not best scientific and commercial after the above requested date. limited to: information available, including all ADDRESSES: You may submit comments (1) Information on taxonomy, information we receive during the by one of the following methods: distribution, habitat selection and public comment period. Please note that

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comments merely stating support or commercial information was presented, grey with mottled green sides, and the opposition to the actions under we are required to promptly review the tail is bright green with a bronze hint on consideration without providing status of the species, which is the upper tail coverts (BLI 2008, p. 1). supporting information, although noted, subsequently summarized in our status The bill is black with a red mandible will not be part of the basis of this review (also referred to as a 12–month and dark tip. The plumage of the female determination, as section 4(b)(1)(A) of finding). is less brilliant (BLI 2008, p. 2). The tail the Act directs that determinations as to of the female contains a grey tip, and the whether any species is a threatened or Petition History band of distinctive color on the throat endangered species shall be made On October 28, 2008, the Service of the female hummingbird is narrower, ‘‘solely on the basis of the best scientific received a petition dated October 28, with pale edges (BLI 2008, p. 2; Monroe and commercial data available.’’ At the 2008, from Mr. David Anderson of 1968, p. 183). Juveniles have grayish conclusion of the status review, we will Louisiana State University on behalf of throats spotted with turquoise (BLI issue the 12–month finding on the The Hummingbird Society of Sedona, 2008, p. 2). petition, as provided in section Arizona; The Hummingbird The species was first taxonomically 4(b)(3)(B) of the Act. Conservancy of Butte, Montana; Clos described by Lawrence in 1867 and You may submit your information LaChance of San Martin, California; placed in the Trochilidae family as concerning this status review by one of Honduran Environmental Network for Amazilia luciae (UNEP-WCMC 2009a, the methods listed in the ADDRESSES Sustainable Development of La Ceiba, p. 1). According to the Convention on section. If you submit information via Honduras; Fundacio´n Parque Nacional International Trade in Endangered http://www.regulations.gov, your entire Pico Bonito of La Ceiba, Honduras; Species of Wild Fauna and Flora submission—including any personal EcoLogic Development Fund of (CITES) species database, the Honduran identifying information—will be posted Cambridge, Massachusetts; and Crowell emerald hummingbird is also known by on the website. If you submit a and Moring, LLP of the District of the synonyms Polyerata luciae and hardcopy that includes personal Columbia, requesting that we list the Thaumatias luciae (UNEP–WCMC identifying information, you may Honduran emerald hummingbird as 2009a, p. 1). Both CITES and BirdLife request at the top of your document that endangered under the Act. The petition International recognize the species as we withhold this personal identifying clearly identified itself as a petition and Amazilia luciae (BLI 2008, p. 1). information from public review. included the requisite identification Therefore, we accept the species as However, we cannot guarantee that we information required at 50 CFR Amazilia luciae, which follows the will be able to do so. We will post all 424.14(a). In response to the petitioners’ Integrated Taxonomic Information hardcopy submissions on http:// request, we sent a letter to Mr. Anderson System (ITIS 2009). Common names for www.regulations.gov. dated December 5, 2008, that the species include Honduran emerald Information and materials we receive, acknowledged receipt of the petition. hummingbird (English), Ariane De Lucy as well as supporting documentation we The petition also included a letter from (French), and Esperalda Honduren˜ a used in preparing this finding, will be the Honduras Ambassador, Roberto (Spanish). available for public inspection on http:// Flores Bermudez, to Secretary Salazar, Distribution www.regulations.gov, or by dated January 23, 2009, in support of The Honduran emerald hummingbird appointment, during normal business this petition. We also received is endemic to Honduras (BLI 2008 p. 2; hours, at the U.S. Fish and Wildlife subsequent letters supporting the Collar et al. 1992, p. 493; Thorn et al. Service, Endangered Species Program, petition to list this species from the FOR FURTHER 2000, p. 3). The historic range of the Branch of Listing (see Francis Lewis High School Key Club on INFORMATION CONTACT). species spanned six sites in four February 12, 2009, the Lehman College Departments (similar to ‘‘States’’ in the Background Key Club on February 26, 2009, and the United States) in Honduras, including: Section 4(b)(3)(A) of the Act requires Ecologic Development Fund on April 8, Santa Barbara, Santa Barbara that we make a finding on whether a 2009. This finding addresses this Department (recorded in May 1935) petition to list, delist, or reclassify a petition to list this species as (Monroe 1968, p. 182); Cofradia´, Cortes species presents substantial scientific or endangered. Department (recorded March 1933) commercial information to indicate that Previous Federal Actions (Monroe 1968, p. 182); Coyoles, Yoro the petitioned action may be warranted. Department (recorded June 1948 and There have been no previous Federal We are to base this finding on 1950) (Monroe 1968, p. 182); Olanchito, actions concerning this species. information provided in the petition, Yoro Department (recorded June 1988) supporting information submitted with Species Information (Howell and Webb 1989, pp. 642-643); the petition, and information otherwise El Boquero´n, Olancho Department Description and Taxonomy available in our files. To the maximum (recorded September 1937) (Monroe extent practicable, we are to make this The Honduran emerald hummingbird 1968, p. 182); Catacamas, Olancho finding within 90 days of our receipt of is in the family Trochilidae (Birdlife Department (recorded August 1937) the petition and publish our notice of International (BLI) 2008, p. 1). The (Monroe 1968, p. 182) and March 1991 this finding promptly in the Federal species is medium sized with an average (Howell and Webb 1992, pp. 46-47). Register. length of 9.5 centimeters (cm) (3.7 There are no records of the Honduran Our standard for substantial inches (in)) (BLI 2008, p. 2). As do all emerald hummingbird between 1950 information within the Code of Federal , this hummingbird and 1988. In 1988, the species was Regulations (CFR) with regard to a 90– exhibits slight sexual dimorphism found to be common in Olanchito and day petition finding is ‘‘that amount of demonstrated in the coloring of the Coyoles, which are located 16 information that would lead a plumage. The male has an iridescent kilometers (km) (9 miles (mi)) apart (BLI reasonable person to believe that the blue-green throat and upper chest, 2008, p. 2). In March 1991, Howell and measure proposed in the petition may occasionally with a grey mottled Webb (1992, pp. 46-47) reported that be warranted’’ (50 CFR 424.14(b)). If we coloring. The back is an emerald green between 22 and 28 individuals were find that substantial scientific or color, the ventral side of the is pale found in a patch of habitat measuring

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500 x 50 meters (m) (1,640 x 164 feet Lemaireocereus or Cephalocereus) The 2008 petition claims that the (ft)) near Olanchito. The bird was found (Collar et al. 1992, p. 494; Howell and current global population may be in 1996 in the Agalta Valley on less than Webb 1989, p. 643). between 500 and 2,000 breeding pairs. 1 km2 (247 acres (ac)) of suitable habitat The petitioners also indicate that However, BirdLife International (BLI 2008, p. 3). following plant species are food sources estimated (2009, p. 2) that the According to the petition, the bird has for this hummingbird: Nopalea population is between 250 and 999 recently only been observed in two hondurensis (paddle cactus, in the with a decreasing trend, within a valleys, Valle de Agua´n in Yoro and Cactaceae family), Stenocereus yunckeri range of 12 km2 (2,965 ac). Valle de Agalta in Olancho. This (NCN, in the Cactaceae family), information is supported by Thorn et al. Evaluation of Information for this Pilosocereus leucocephalus (NCN, in Finding (2000), whereby the species was the Cactaceae family), Melocactus reported in San Esteban, located in the curvispinus (NCN, in the Cactaceae Section 4 of the Act (16 U.S.C. 1533) Agalta Valley, Olancho Department, and family), Bromelia plumieri (NCN, in the and its implementing regulations at 50 Olanchito and Coyoles in the Agua´n Bromeliaceae family), Tillandsia CFR 424 set forth the procedures for Valley of the Yoro Department (pp. 22- fasiculata (NCN, in the Bromeliaceae adding species to the Federal List of 23). A 2007 expedition (Anderson and family), Tillandsia bracycaulus (NCN, Endangered and Threatened Wildlife Hyman 2007, p. 6) reported species in the Bromeliaceae family), Achmea and Plants. A species may be occurrences in a third site, the Telica bracteata (NCN, in the Bromeliaceae determined to be an endangered or Valley, Olancho Department, and family), Pedilanthus camporum (NCN, threatened species due to one or more confirmed species occurrences in the in the Euphorbiaceae family), of the five factors described in section Agalta Valley near San Esteban. Combretum fruticosum (Orange Flame 4(a)(1) of the Act: (A) present or Habitat Characteristics Vine, in the Combretaceae family), threatened destruction, modification, or curtailment of habitat or range; (B) The Honduran emerald hummingbird Psittacanthus rhyncanthus (NCN, in the overutilization for commercial, prefers arid interior valleys of thorn Loranthaceae family), and Aphelandra recreational, scientific, or educational forest and shrub. Most of the deppeana (NCN, in the Acanthaceae purposes; (C) disease or predation; (D) hummingbird’s occurrences have been family). the inadequacy of existing regulatory noted at elevations below 410 meters There is limited information available (m) (1,345 feet (ft)); however, one on the Honduran emerald mechanisms; or (E) other natural or occurrence is recorded at 1,220 m (4,003 hummingbird’s behavior; it is generally manmade factors affecting its continued ft) (Collar et al. 1992, p. 494; Collar et identified by its plumage. In 1988, one existence. al. 1994, p. 119; BLI 2008, p. 3). In the bird was observed defending a territory In making this 90–day finding, we Coyoles area, the thorn forest is of 10 m2 (108 ft2), suggesting that the evaluated whether information primarily comprised of Mimosaceae species may be territorial (Collar et al. concerning threats to the Honduran (herbaceous and woody species), 1992, p. 493; Howell and Webb 1989, p. emerald hummingbird, as presented in Cactaceae (cactus species), and 643), as are many hummingbird species. the petition and clarified by information Euphorbiaceae (herbs, shrubs, trees, and In June 1988, Howell and Webb (1989, available in our files at the time of the some succulent species) (Collar et al. p. 643) observed several birds feeding at petition review, constitutes substantial 1992, p. 494). Thorn et al. (2000, p. 23) heights between 0.5 to 10 m (2 to 32 ft), scientific or commercial information observed that habitat with abundant and observed a bird with fresh plumage such that listing under the Act may be flowers, red in particular, appear to be singing. Collar et al. (1992, p. 494) warranted. Our evaluation of this a critical characteristic for suitable thought that the observation may have information is presented below. been made during the species’ breeding habitat. The petitioners state that the A. The Present or Threatened season. species is a habitat specialist and claim Destruction, Modification, or that it cannot survive without suitable Conservation Status Curtailment of its Habitat or Range habitat. In 1987, the Honduran emerald The petition presents numerous Life History hummingbird was listed in CITES assertions regarding the present or The petition provides very limited Appendix II, which includes species threatened destruction, modification, or information on the life history of the that are not necessarily threatened with curtailment of the Honduran emerald Honduran emerald hummingbird and, extinction, but may become so unless hummingbird’s habitat or range. The based on the information available in trade is subject to strict regulation to petition received on October 28, 2008, our files, little life history information avoid utilization incompatible with the reported that in 2000, a survey was exists on this species. As with all species’ survival. International trade in conducted on this species and found hummingbird species, the Honduran specimens (dead or live) of Appendix II that it occurs in dry tropical forest and emerald relies on nectar-producing species is authorized through a system has specific habitat requirements which flowers for food but also relies on of permits or certificates under certain were described above (Anderson and insects and spiders as a source of circumstances. This process includes Hyman 2007, pp. 1-4). The petitioners protein (BLI 2008, p. 3; Collar et al. verification that trade will not be estimate that 90 percent of the original 1992, p. 494). Specifically, the detrimental to the survival of the habitat of the Honduran emerald hummingbird has been observed feeding species in the wild, and that the hummingbird no longer exists; it was on the following plants: Pithecellobium material was legally acquired (UNEP– converted to cattle pastures and lentiscifolium (no common name (NCN), WCMC 2009a). In 1990, the Honduran plantation agriculture (Anderson 2008, in the Leguminosae-caesalpinioideae emerald hummingbird was placed on p. 11). They indicate that as of the year family), Aechmea cf. bracteata (NCN, in the International Union for 2000, only 8,495 hectares (ha) (20,092 the Bromeliaceae family), Pedilanthus Conservation of Nature (IUCN) Red list ac) (Thorn et al 2008, p. 25) of the cf. tithymaloides (NCN, in the as endangered, and the status changed species’ dry forest habitat remain of Euphorbiaceae family), and organ pipe to critically endangered in 2000 (IUCN what were 16,000 ha (39,537 ac) in 1977 cactus (which is likely to be either 2008; UNEP-WCMC 2009a, p. 2). and 30,000 ha (74,132 ac) in 1938.

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The petition indicated that the habitat in the Agalta valley (Olancho commercial, recreational, scientific, or hummingbird is no longer found in the Department), northeast of Gualaco educational purposes, when we conduct Santa Ba´rbara and Corte Departments (Stattersfield and Capper 2000, p. 311). our status review. because all of the original thorn forest This species appears to have undergone C. Disease or Predation has been cleared for housing, towns, a sharp decline in the past 60 years as agriculture, and cattle grazing. This is much of the once vast arid habitat has The petition does not provide supported by information provided with been converted to other uses. information or indicate that there are the petition (Stattersfield and Capper Although data on this species is any threats to the Honduran emerald 2000, p. 311). Remaining habitat in the limited, the information above indicates hummingbird from disease or predation. Agua´n valley (Yoro Department) and that these activities are significant The Intergovernmental Panel on Climate Agalta Valley (Olancho Department) is threats to the species’ habitat. We Change (2007, p. 51) suggests that the privately owned as large haciendas generally find that the information distribution of some disease vectors may (plantations or farms), where cattle presented by the petitioner appears to change as a result of climate change. grazing, clearing for cattle, and be reliable in regard to the amount of However, the Service has no plantation agriculture continues to habitat modification and alteration due information at this time to suggest that occur (Stattersfield and Capper 2000, p. to road construction that has occurred any specific diseases are or may become 311). Thorn forests have been cleared in within the range of the Honduran problematic to the Honduran emerald the Agua´n Valley to create banana and emerald hummingbird. In addition, the hummingbird. As a result, we have plantain plantations and rice farms, as information presented in the petition, as determined that the petition does not well as pasture for cattle (Stattersfield well as the information in our files, present substantial information that the and Capper 2000, p. 311). In 2000, relating to threats to the Honduran Honduran emerald hummingbird may Thorn et al. stated that the remaining emerald hummingbird and its habitat be threatened by disease or predation. 150 ha (371 ac) of habitat in San from dry forest clearing for cattle However, we will evaluate all factors, Esteban, south of Boquero´n in the grazing, agricultural development, road including threats from disease and Olancho Department, was disturbed by construction, and residential predation, when we conduct our status cattle grazing and rice farming (p. 22). development appears to be reliable and review. The petition asserts that roads have substantial. Based on the information also been constructed through presented in the petition and available D. The Inadequacy of Existing Honduran emerald habitat and that in our files, we find that the petition Regulatory Mechanisms these roads are having a detrimental presents substantial information that The petition provides little effect on the species. The petition may that listing the Honduran emerald information regarding the inadequacy of provides a photograph of a road hummingbird as a threatened or existing regulatory mechanisms. The construction project widening the endangered species may be warranted petition mentions a prohibition of principle highway between Olanchito due to present or threatened livestock grazing in some areas to and Yoro, spanning 57 km (35 mi). The destruction, modification, or protect Honduran emerald photo is indicative of previously curtailment of its habitat or range. hummingbird habitat. The petition does suitable habitat that had been removed B. Overutilization for Commercial, not provide information on who in Olanchito (Stattersfield and Capper Recreational, Scientific, or Educational established the prohibition or exact 2000, p. 311; Thorn et al. 2000, p. 4). Purposes locations and extent of the prohibition. Researchers reported on plans to pave The petition does not provide and extend this road through the range The petition does not provide information on current laws or policies of the species, and suggested that the information or list any threats to the road would further exacerbate habitat Honduran emerald hummingbird from that would serve to protect the loss (BLI 2000, p. 311, Thorn et al., p. overutilization for commercial, Honduran emerald hummingbird. 32). recreational, scientific, or educational The Honduran emerald hummingbird Based on the information provided in purposes. Since its listing under CITES is listed on Appendix II of CITES. the petition (p. 3) and the supporting Appendix II in 1987, only two CITES- Appendix II lists species that are not information with respect to the present permitted international transactions of necessarily now threatened with or threatened destruction, modification, the Honduran emerald hummingbird are extinction but that may become so or curtailment of its habitat or range, known, those being from Germany to unless trade is closely controlled. CITES there appears to be a decrease in the the United States in 1996 (UNEP– records indicate that two individuals species’ suitable habitat. Conversion of WCMC 2009b). Therefore, we believe were traded from Germany to the United land previously known to contain that international trade is not a factor States in 1996. CITES only regulates Honduran emerald hummingbirds to influencing the species’ status in the international trade of species listed on agriculture and an apparent decrease in wild. In addition, we are unaware of any CITES Appendices and does not reported occurrences of Honduran other information currently available regulate the species within in its emerald hummingbirds between 1988 that indicates that collection or country of origin. Due to the apparent and 1996 indicate that there may be a overutilization of the Honduran emerald very limited international trade in this decline in suitable habitat (Collar et al hummingbird for commercial, species, we do not believe that trade and 1992, p. 494; Stattersfield and Capper recreation, scientific, or education the regulations governing international 2000, p. 311). For example, in 1988 the purposes has occurred. As a result, we trade pose a threat to this species. Based species was known to be common in have determined that the petition does on the petition and the information in Olanchito and Coyoles (BLI 2000, p. not present substantial information that our files, we have determined that the 311). BirdLife International reported the Honduran emerald hummingbird petition does not present substantial that in 1991, between 22 and 28 may be threatened by overutilization for information that the Honduran emerald individuals were found in 2.5 km2 (618 commercial, recreational, scientific, or hummingbird may be threatened by ac) of habitat in Olanchito. In 1996 the educational purposes. However, we will inadequacy of existing regulatory Honduran emerald hummingbird was evaluate all factors, including potential mechanisms. However, we will evaluate found in less than 1 km2 (247 ac) of threats from overutilization for all factors, including the inadequacy of

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existing regulatory mechanisms, when to the species and situation (such as life- Limited-range species are susceptible to we conduct our status review. history characteristics and measures of extirpation including when a species’ rarity) should be linked to potential remaining population is already small E. Other Natural or Manmade Factors threats. It is not sufficient to say that or its distribution is too fragmented. The Affecting Continued Existence because a species is rare or because it species may no longer be The petitioners point out that the has a small population, it is threatened demographically or genetically viable small population size increases the by general stochastic events such as (Harris and Pimm 2004, p. 1612-1613). species’ risk of extinction and assert natural catastrophes. There must be Secondary impacts that are associated three reasons why this is a threat to this some likely stressor acting on the with activities that fragment the species: species or its habitat that may affect a remaining tracks of suitable habitat used (1) Small, declining populations are species’ status such that the species may by the Honduran emerald hummingbird less able to sustain stochastic (random) be threatened now or within the include the loss of genetic variability. In events such as fires and severe storm foreseeable future. addition, while this hummingbird may events; Information provided with the be tolerant of fragmented forests or other (2) Genetic bottlenecks (dramatic petition, as well as information in our disturbed sites, these areas may not reductions in population and thus of files, indicates that the population of the represent optimal conditions for the genetic variability) reduce the Honduran emerald hummingbird is species. As a result of these impacts, reproductive fitness of small small and declining (BLI 2009, p. 2; there is often a time lag between the populations, which cause a drop in the Stattersfield and Capper 2000, p. 311). initial conversion or degradation of species reproduction rate; and In 2007, the information available suitable habitats and the extinction of (3) fragmented habitat patches may indicated that this species has endemic bird populations (Brooks et al. lack all of the resources the species experienced a population decline since 1999a, p. 1; Brooks et al. 1999b, p. needs to sustain a viable population, the 1960s and consisted of fewer than 1140). Even when potentially occupied which in turn reduces the birds’ ability 2,000 individuals distributed within sites may be formally protected (see to locate needed resources. two, and possibly a third, valleys Factor D), the remaining fragments of Due to the factors above, the (Anderson and Hyman 2007, p. 6; BLI forested habitat will likely undergo petitioners suggested that stochastic 2008, p. 2). In 2008, Birdlife further degradation due to their altered events may push a small population International stated that the population dynamics and isolation (through past a threshold that causes extinction estimate was between 250 and 999 birds infestation of gap-opportunistic species, despite the presence of suitable habitat. and in decline, within an estimated which alter forest structure and decrease Because small populations may be range of 12 km2 (2965 ac) (p. 2). The in gene flow between populations. vulnerable to single event occurrences, 2008 IUCN Red List of Threatened (Tabanez and Viana 2000, pp. 929-932). as suggested in the petition, it is Species also stated that the population Therefore, even without further habitat important to have information on how trend of the species is decreasing (p. 2). loss or degradation, the Honduran likely it is such an event may occur In addition, the CITES species database emerald hummingbird remains at risk (such as referencing historical frequency reports that the range of the Honduran from past impacts to its suitable of that event), whether the specific emerald hummingbird is declining habitats. event might impact the species (for (UNEP-WCMC 2009a, p. 2). Due to its small, recently declining example, whether habitat fragmentation Species tend to have a higher risk of population, the decreased availability of would affect the species), what form extinction if they occupy a small suitable habitat, the fragmentation of that impact would take and by what geographic range, occur at low density, suitable habitat, and the likelihood that mechanism it might affect the species occupy a high trophic level (position in there are only two or three remaining (in other words, what specific life food chain), and exhibit low populations, the species may be history function, habitat requirement, or reproductive rates (Purvis et al. 2000, p. vulnerable to genetic problems such as other need of the species might be 1949). Small populations can be more inbreeding depression. On the basis of impacted and how), and whether the affected by demographic stochasticity, our evaluation of the material provided possible impact would likely result in a local catastrophes, and inbreeding in the petition and available in our files, significant threat to the species (to what (Pimm et al. 1988, pp. 757, 773-775). the species does appear to have a small extent might the event be a negative The small, declining population makes and declining population due to few impact on the species). the species vulnerable to genetic recorded individuals, specific habitat In order to determine that there is stochasticity due to inbreeding requirements, and the severe reduction substantial information that the species depression and genetic drift (random in its distribution and amount and may be in danger of extinction now or changes in gene frequency). This, in extent of suitable habitat. Therefore, we in the foreseeable future due to small turn, compromises a species’ ability to find that the petition presents population sizes and stochastic events, adapt genetically to changing substantial evidence indicating that information in the petition or in our environments (Frankham 1996, p. 1507) other natural or manmade factors files should be specific to the species and reduces fitness, and increases affecting continued existence such as and should reasonably suggest that extinction risk (Reed and Frankham the decrease in genetic variability may these factors may be operative threats 2003, pp. 233-234). be a threat to the species. We will that act on the species to the point that The petitioner provided information evaluate this factor further when we it may warrant protection under the Act. to indicate that the range and conduct our status review. Broad statements about a generalized abundance of the hummingbird has threat to species with small populations been significantly curtailed. Because the Finding do not constitute substantial Honduran emerald hummingbird is Section 4(b)(3)(A) of the Act requires information that listing may be currently found in only two (and that we make a finding whether a warranted. Rather, to raise a substantial possibly a third) valleys, and has petition to list, delist, or reclassify a question as to whether a species may be undergone a restriction in range and a species presents substantial scientific or threatened with extinction now or in the decline in population size, any threats commercial information indicating that foreseeable future, information specific to the species are further magnified. the petitioned action may be warranted.

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We are to base this finding on mean that the 12–month finding will for submitting an electronic comment is information provided in the petition, result in a warranted finding. 11:59 p.m. Eastern Daylight Savings supporting information submitted with Time on August 23, 2010. References Cited the petition, and information available ADDRESSES: You may submit comments in our files. To the maximum extent A complete list of all references cited by one of the following methods: practicable, we are to make this finding in this finding is available on the • Federal eRulemaking Portal: http:// within 90 days of our receipt of the Internet at http://www.regulations.gov www.regulations.gov. In the box that petition and publish our notice of the or upon request from the Endangered reads ‘‘Enter Keyword or ID,’’ enter the finding promptly in the Federal Species Program, Branch of Listing, U.S. Docket number for this finding, which Register. Fish and Wildlife Service (see FOR is FWS-R3-ES-2010-0042. Check the box Our process for making this 90–day FURTHER INFORMATION CONTACT). that reads ‘‘Open for Comment/ finding under section 4(b)(3)(A) of the Author Submission,’’ and then click the Search Act is limited to a determination of button. You should then see an icon that whether the information in the petition The primary authors of this notice are reads ‘‘Submit a Comment.’’ Please presents ‘‘substantial scientific and staff members of the Endangered ensure that you have found the correct commercial information,’’ which is Species Program, U.S. Fish and Wildlife rulemaking before submitting your interpreted in our regulations as ‘‘that Service. comment. amount of information that would lead Authority • U.S. mail or hand-delivery: Public a reasonable person to believe that the Comments Processing, Attn: FWS-R3- measure proposed in the petition may The authority for this action is the ES-2010-0042; Division of Policy and be warranted’’ (50 CFR 424.14(b)). We Endangered Species Act of 1973, as Directives Management; U.S. Fish and reviewed the petition, supporting amended (16 U.S.C. 1531 et seq.). Wildlife Service; 4401 N. Fairfax Drive, information provided by the petitioner, Dated: June 9, 2010 Suite 222; Arlington, VA 22203. and information in our files, and we Jeffrey L. Underwood, We will not accept e-mail or faxes. We evaluated that information to determine Acting Director, U.S. Fish and Wildlife will post all comments on http:// whether the sources cited support the Service. www.regulations.gov. This generally claims made in the petition. means that we will post any personal The petition and supporting [FR Doc. 2010–15225 Filed 6–22–10; 8:45 am] information you provide us (see the information identified factors affecting BILLING CODE 4310–55–S Public Comments section below for the Honduran emerald hummingbird more information). including land clearing for cattle grazing DEPARTMENT OF THE INTERIOR and agriculture, road construction and FOR FURTHER INFORMATION CONTACT: Charles M. Scott, Field Supervisor, expansion, residential development Fish and Wildlife Service (Factor A) and loss of genetic variability Columbia Fish and Wildlife Office, U.S. Fish and Wildlife Service, 101 Park due to a small and declining population 50 CFR Part 17 (Factor E). On the basis of information DeVille Dr., Suite A, Columbia, MO provided in the petition and other [Docket No. FWS–R3–ES–2010–0042] 65203; telephone: 573-234-2132; information in our files, we have [MO-92210–0–0009–B4] facsimile: 573-234-2181. If you use a determined that the petition presents RIN 1018–AW90 telecommunications device for the deaf substantial scientific or commercial (TDD), call the Federal Information information that listing the Honduran Endangered and Threatened Wildlife Relay Service (FIRS) at 800-877-8339. emerald hummingbird under the Act and Plants; Designation of Critical SUPPLEMENTARY INFORMATION: may be warranted. Therefore, we are Habitat for Tumbling Creek Cavesnail Public Comments initiating a status review to determine if listing the species is warranted. During AGENCY: Fish and Wildlife Service, We intend that any final action the status review, we will consider Interior. resulting from this proposed rule will be threats to the hummingbird under all of ACTION: Proposed rule. based on the best scientific and the listing factors above. To ensure that commercial data available and be as the status review is comprehensive, we SUMMARY: We, the U.S. Fish and accurate and as effective as possible. are soliciting scientific and commercial Wildlife Service (Service), propose to Therefore, we request comments or data and other information regarding designate critical habitat for the suggestions from governmental this species. Tumbling Creek cavesnail (Antrobia agencies, the scientific community, The ‘‘substantial information’’ culveri) under the Endangered Species industry, or any other interested party standard for a 90–day finding differs Act of 1973, as amended (Act). We concerning this proposed rule. We from the Act’s ‘‘best scientific and propose to designate as critical habitat particularly seek comments concerning: commercial data’’ standard that applies approximately 25 acres (10.12 hectares) (1) Population survey results for the to a status review to determine whether in one unit. The proposed critical Tumbling Creek cavesnail, as well as a petitioned action is warranted. A 90– habitat encompasses Tumbling Creek any studies that may show distribution, day finding does not constitute a status and associated springs, located near status, population size, or population review under the Act. In a 12–month Protem, in Taney County, . trends, as they may pertain to critical finding, we will determine whether a DATES: We will consider comments from habitat for the species. petitioned action is warranted after we all interested parties until August 23, (2) Pertinent aspects of life history, have completed a thorough status 2010. We must receive requests for ecology, and habitat use of the review of the species, which we would public hearings, in writing, at the Tumbling Creek cavesnail. conduct following a substantial 90–day address shown in the FOR FURTHER (3) Our ‘‘prudency’’ evaluation for the finding. Because the Act’s standards for INFORMATION CONTACT section by August designation of critical habitat for 90–day and 12–month findings are 9, 2010. Please note that if you are using Tumbling Creek cavesnail. different, as described above, a the Federal eRulemaking Portal (see (4) The reasons why we should or substantial 90–day finding does not ADDRESSES section, below) the deadline should not designate habitat as ‘‘critical

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