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Endangered and Threatened Wildlife and Plants; Two Foreign Macaw Species; Proposed Rule

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Endangered and Threatened Wildlife and Plants; Two Foreign Macaw Species; Proposed Rule Vol. 77 Friday, No. 130 July 6, 2012 Part III Department of the Interior Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Two Foreign Macaw Species; Proposed Rule VerDate Mar<15>2010 18:22 Jul 05, 2012 Jkt 226001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\06JYP2.SGM 06JYP2 srobinson on DSK4SPTVN1PROD with PROPOSALS2 40172 Federal Register / Vol. 77, No. 130 / Friday, July 6, 2012 / Proposed Rules DEPARTMENT OF THE INTERIOR Executive Summary endangered or threatened, and expeditious progress is being made to I. Purpose of the Regulatory Action Fish and Wildlife Service add or remove qualified species from On January 31, 2008, the Service the Federal Lists of Endangered and 50 CFR Part 17 received a petition dated January 29, Threatened Wildlife and Plants. Section 2008, from Friends of Animals, 4(b)(3)(C) of the ESA requires that we [Docket No. FWS–R9–ES–2011–0101: 450 represented by the Environmental Law treat a petition for which the requested 003 0115] Clinic, University of Denver, Sturm action is found to be warranted but College of Law, requesting that we list precluded as though resubmitted on the RIN 1018–AY33 14 parrot species under the Endangered date of such finding, that is, requiring a Species Act of 1973, as amended (ESA; subsequent finding to be made within Endangered and Threatened Wildlife 16 U.S.C. 1531 et seq.). As part of a 12 months. We must publish these and Plants; Two Foreign Macaw court-approved settlement agreement, 12-month findings in the Federal Species the Service agreed to submit a Register. determination as to whether the In this document, we announce that AGENCY: Fish and Wildlife Service, petitioned action is warranted, not listing these two species as endangered Interior. warranted, or warranted but precluded is warranted, and we are issuing a ACTION: Proposed rule; 12-month by other listing actions for the military proposed rule to add these two species finding. macaw (Ara militaris) and the great as endangered to the Federal List of green macaw (Ara ambiguus)) to the Endangered and Threatened Wildlife. SUMMARY: We, the U.S. Fish and Federal Register by June 30, 2012. This Prior to issuing a final rule on this Wildlife Service (Service), propose to action complies in part with this list as endangered the military macaw proposed action, we will take into settlement agreement and is authorized consideration all comments and any (Ara militaris) and the great green by the ESA. macaw (Ara ambiguus) under the additional information we receive on Endangered Species Act of 1973, as II. Summary of the Major Provisions of the proposed rules. Such information amended (ESA). We are taking this the Regulatory Action in Question may lead to a final rule that differs from action in response to a petition to list this proposal. All comments and We are proposing to list as recommendations, including names and these parrot species as endangered or endangered the military macaw (Ara threatened under the ESA. This addresses of commenters, will become militaris) and the great green macaw part of the administrative record. document also serves as the completion (Ara ambiguus). We are proposing this of the status review and as the 12-month action primarily because of the effects of Previous Federal Actions finding. We seek information from the habitat loss, fragmentation, and Petition History public on the proposed listing for these degradation; small and declining species. population size; poaching; and On January 31, 2008, the Service DATES: We will consider comments and regulatory mechanisms that are received a petition dated January 29, information received or postmarked on inadequate to ameliorate these threats 2008, from Friends of Animals, or before September 4, 2012. on these birds throughout their ranges. represented by the Environmental Law Clinic, University of Denver, Sturm ADDRESSES: You may submit comments III. Costs and Benefits College of Law, requesting that we list by one of the following methods: 14 parrot species under the ESA. The • Federal eRulemaking Portal: http:// Section 4(b)(1)(A) of the ESA directs petition clearly identified itself as a www.regulations.gov. Follow the that determinations as to whether any petition and included the requisite instructions for submitting comments species is an endangered or threatened information required by the Code of on Docket No. FWS–R9–ES–2011–0101. species must be made ‘‘solely on the Federal Regulations (50 CFR 424.14(a)). • U.S. mail or hand-delivery: Public basis of the best scientific and On July 14, 2009 (74 FR 33957), we Comments Processing, Attn: FWS–R9– commercial data available.’’ Further, published a 90-day finding in which we ES–2011–0101; Division of Policy and this action is not a ‘‘significant’’ determined that the petition presented Directives Management; U.S. Fish and regulatory action under Executive Order substantial scientific and commercial Wildlife Service; 4401 N. Fairfax Drive, 12866. Therefore, we have not analyzed information indicating that listing may MS 2042–PDM; Arlington, VA 22203. its costs or benefits. be warranted for 12 of the 14 parrot We will not accept comments by Background species. In our 90-day finding on this email or fax. We will post all comments Section 4(b)(3)(B) of the ESA (16 petition, we announced the initiation of on http://www.regulations.gov. This U.S.C. 1531 et seq.) requires that, for a status review to list as endangered or generally means that we will post any any petition to revise the Federal List of threatened under the ESA the following personal information you provide us Endangered and Threatened Wildlife 12 parrot species: (see the Information Requested section and Plants that contains substantial (1) Blue-headed macaw (Primolius below for more information). scientific or commercial information couloni), FOR FURTHER INFORMATION CONTACT: that listing the species may be (2) Crimson shining parrot (Prosopeia Janine Van Norman, Chief, Branch of warranted, we make a finding within 12 splendens), Foreign Species, Endangered Species months of the date of receipt of the (3) Great green macaw (Ara Program, U.S. Fish and Wildlife Service, petition (‘‘12-month finding’’). In this ambiguus), 4401 North Fairfax Drive, Room 420, finding, we determine whether the (4) Grey-cheeked parakeet (Brotogeris Arlington, VA 22203; telephone 703– petitioned action is: (a) Not warranted, pyrrhoptera), 358–2171. If you use a (b) warranted, or (c) warranted, but (5) Hyacinth macaw (Anodorhynchus telecommunications device for the deaf immediate proposal of a regulation hyacinthinus), (TDD), call the Federal Information implementing the petitioned action is (6) Military macaw (Ara militaris), Relay Service (FIRS) at 800–877–8339. precluded by other pending proposals to (7) Philippine cockatoo (Cacatua SUPPLEMENTARY INFORMATION: determine whether species are haematuropygia), VerDate Mar<15>2010 18:22 Jul 05, 2012 Jkt 226001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\06JYP2.SGM 06JYP2 srobinson on DSK4SPTVN1PROD with PROPOSALS2 Federal Register / Vol. 77, No. 130 / Friday, July 6, 2012 / Proposed Rules 40173 (8) Red-crowned parrot (Amazona made on July 14, 2009 (74 FR 33957) in in the FOR FURTHER INFORMATION viridigenalis), subsequent Federal Register notices. CONTACT section by August 20, 2012. (9) Scarlet macaw (Ara macao), Information Requested Species Information for the Military (10) White cockatoo (Cacatua alba), Macaw (11) Yellow-billed parrot (Amazona We intend that any final actions collaria), and resulting from this proposed rule will be Taxonomy based on the best scientific and (12) Yellow-crested cockatoo (Cacatua The military macaw (Ara militaris, commercial data available. Therefore, sulphurea). Linnaeus 1766) is in the Psittacidae we request comments or information We initiated the status review to family and is also known as ‘‘guacamaya from other governmental agencies, the determine if listing each of the 12 verde,’’ ‘‘parava,’’ and ‘‘ravine parrot.’’ scientific community, or any other species is warranted, and initiated a Three subspecies of military macaw interested parties concerning this 60-day public comment period to allow have been proposed and are recognized proposed rule. We particularly seek all interested parties an opportunity to by some: Ara militaris bolivianus clarifying information concerning: provide information on the status of (Reichenow 1908), Ara militaris these 12 species of parrots. The public (1) Information on taxonomy, distribution, habitat selection mexicanus (Ridgway 1915), and Ara comment period closed on September militaris militaris (Linnaeus 1766). 14, 2009. (especially breeding and foraging habitats), diet, and population Avibase, a database of all birds of the On October 24, 2009, and December 2, world maintained by Bird Studies 2009, the Service received a 60-day abundance and trends (especially current recruitment data) of these Canada, and the Integrated Taxonomic notice of intent to sue from Friends of Information System (ITIS) both Animals and Wild Earth Guardians for species. (2) Information on the effects of recognize these subspecies (http:// failure to issue 12-month findings on habitat loss and changing land uses on www.itis.gov and http://avibase.bsc- the petition. On March 2, 2010, Friends the distribution and abundance of these eoc.org/avibase.jsp, accessed August 30, of Animals and Wild Earth Guardians species. 2011). The range of A. m. bolivianus is filed suit against the Service for failure (3) Information on the effects of other thought to be in Bolivia and Argentina. to make timely 12-month findings potential threat factors, including live The range of A. m. mexicanus is thought within the statutory deadline of the Act capture and hunting, domestic and to be restricted to Mexico. However, the on the petition to list the 14 species international trade, predation by other taxonomic status of Ara militaris (Friends of Animals, et al.
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