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section 642’s effective date, rendering further ordered that, should no petitions FOR FURTHER INFORMATION CONTACT: Don notice and comment prior to extending for reconsideration be timely filed, MB Morgan, Chief, Branch of Delisting and the effective date ‘‘unnecessary.’’ In Docket No. 20–61 shall be terminated, Foreign Species, Ecological Services, addition, in light of the disruptive effect and its docket closed. U.S. Fish and Wildlife Service, MS: ES, of the national emergency on the daily Federal Communications Commission. 5275 Leesburg Pike, Falls Church, VA activities of entities subject to section 22041–3803; telephone, 703–358–2444. Thomas Horan, 642 and other interested parties, and the If you use a telecommunications device need for MVPDs and providers of fixed Media Bureau. for the deaf (TDD), call the Federal broadband internet access service to [FR Doc. 2020–07968 Filed 4–22–20; 8:45 am] Relay Service at 800–877–8339. focus their resources on the national BILLING CODE 6712–01–P SUPPLEMENTARY INFORMATION: emergency, we find that delaying relief under the circumstances would not Previous Federal Actions serve the purpose of the extension and DEPARTMENT OF THE INTERIOR On September 5, 2018, we published would fail to yield the public interest in the Federal Register (83 FR 45073) benefits that notice and comment Fish and Wildlife Service our 12-month finding on a petition to procedures are designed to produce.5 remove the golden conure from the List 5. Because this blanket extension does 50 CFR Part 17 of Endangered and Threatened Wildlife not require notice and comment (i.e., ‘‘delist’’ the species) or to reclassify [Docket No. FWS–HQ–ES–2015–0019; the golden conure from an endangered pursuant to the ‘‘good cause’’ exception 4500090024] of the Administrative Procedure Act, the to a threatened species (i.e., ‘‘downlist’’ Regulatory Flexibility Act does not RIN 1018–BC78 the species) determining that apply. reclassification was warranted. 6. This Order does not contain new or Endangered and Threatened Wildlife Accordingly, we published a proposed modified information collection and Plants; Reclassifying the Golden rule to downlist the golden conure requirements subject to the Paperwork Conure From Endangered to under the Act (16 U.S.C. 1531 et seq.) Reduction Act of 1995 (PRA). In Threatened With a Section 4(d) Rule and proposed a rule pursuant to section addition, therefore, it does not contain 4(d) to further the conservation of the AGENCY: Fish and Wildlife Service, any new or modified information golden conure. Please refer to that Interior. collection burden for small business document for information on Federal concerns with fewer than 25 employees, ACTION: Final rule. actions occurring before September 5, pursuant to the Small Business 2018, for the golden conure. SUMMARY: We, the U.S. Fish and Paperwork Relief Act of 2002. Wildlife Service (Service), reclassify the Summary of Changes From the 7. The Commission has determined, golden conure (Gauruba guarouba) Proposed Rule and the Administrator of the Office of under the Endangered Species Act of Information and Regulatory Affairs, During the comment period on our 1973, as amended (Act), from Office of Management and Budget, September 5, 2018, proposed rule (83 endangered to threatened on the Federal concurs that this rule is ‘‘non-major’’ FR 45073), we received updated List of Endangered and Threatened under the Congressional Review Act, 5 information regarding the golden conure Wildlife (List). Our determination is U.S.C. 804(2). The Commission will reintroduction program occurring in the based on a thorough review of the best send a copy of the Order to Congress Bele´m region of Para´ at Utinga State available scientific and commercial and the Government Accountability Park. We have incorporated this information, which indicates that the Office pursuant to 5 U.S.C. 801(a)(1)(A). information under Conservation 8. Accordingly, it is ordered that, golden conure no longer meets the Measures and Regulatory Mechanisms pursuant to the authority found in definition of an endangered species, but in this rule and have updated the sections 4(i), 4(j), and 303(r) of the is likely to become an endangered species status assessment (SSA) report. species within the foreseeable future Communications Act of 1934, as Background amended, 47 U.S.C. 154(i), 154(j), throughout all or a significant portion of 303(r), section 1004 of the Television its range. We are also establishing a rule A thorough review of the taxonomy, Viewer Protection Act of 2019, section pursuant to section 4(d) of the Act for life history, ecology, and overall 553(b)(3)(B) of the Administrative the golden conure to provide for its viability of the golden conure is Procedure Act, 5 U.S.C. 553, and further conservation. Additionally, this presented in the species status sections 0.5(c) and 0.283 of the final rule updates the List to reflect the assessment (SSA) report for the golden Commission’s rules, 47 CFR 0.5(c), latest scientifically accepted taxonomy conure (Service 2018; available at 0.283, this Order is adopted. It is further and nomenclature for the species as Docket No. FWS–HQ–ES–2015–0019 on ordered that, pursuant to section Guaruba guarouba, golden conure. http://www.regulations.gov). The SSA 1.113(a) of the Commission’s rules, 47 DATES: This rule is effective May 26, report documents the results of the CFR 1.113(a), the March 16, 2020 Public 2020. comprehensive biological study for the golden conure and provides an account Notice in MB Docket No. 20–61 is ADDRESSES: Comments and materials hereby rescinded. It is further ordered of the species’ overall viability through received, as well as supporting forecasting of the species’ condition in that this Order shall be effective upon documentation used in the preparation publication in the Federal Register.6 It is the future (Service 2018, entire). In the of this rule, are available for public SSA report, we summarize the relevant inspection at http:// 5 biological data and a description of past, Although the pleading cycle for the Public www.regulations.gov under Docket No. Notice was scheduled to conclude on April 13, present, and likely future stressors, and 2020, given our finding of good cause to dispense FWS–HQ–ES–2015–0019. we conduct an analysis of the viability with public comment, we hereby rescind the Public of the species. The SSA report provides Notice. Federal Register publication, in order to provide 6 The blanket extension adopted herein serves to certainty to affected providers during the current the scientific basis that informs our ‘‘reliev[e] a restriction.’’ For similar reasons, there emergency as to the effective date of the new statutory decision regarding whether is also good cause to make this Order effective upon requirements. this species should be listed as an

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endangered or a threatened species Habitat Loss—Deforestation typically occur on private lands (GFA under the Act. This decision involves Large-scale deforestation in the 2018a and b, unpaginated). After the application of standards within the Amazon has occurred since the 1970s logging, the land may be clear-cut and Act, its implementing regulations, and and 1980s concurrent with the growth burned, in preparation for crops Service policies (see Determination, of Brazil’s economy (GFA 2017, (Reynolds 2003, p. 10). Although the below). The SSA report contains the risk unpaginated). The Brazilian Amazon is Brazilian forest code requires private analysis on which this determination is approximately the size of Western landowners in the Amazon to maintain based, and the following discussion is a Europe, and as of 2016, an area the size 80 percent of their land as forest, the summary of the results and conclusions of France has been lost to deforestation code has been poorly enforced (GFA from the SSA report. We solicited peer (Fearnside 2017a, pp. 1, 3). 2018b, unpaginated), and full review of the draft SSA report from five Approximately 30 to 35 percent of the compliance has not been achieved qualified experts. We received golden conure’s range has already been (Azevedo et al. 2017, entire; see Conservation Measures and Regulatory responses from four of the reviewers, lost to deforestation, primarily in the Mechanisms, below). Logging on public and we modified the SSA report as eastern states of Para´ and Maranha˜o lands is allowed via concessions where (Laranjeiras 2011a, unpaginated; appropriate. In addition to our SSA logging companies are granted logging Laranjeiras and Cohn-Haft 2009, p. 8), report, the summary of the biological rights for a fee (GFA 2018a, and another 23 to 30 percent of the background of the species can also be unpaginated). However, the concession golden conure’s habitat is predicted to found in our September 5, 2018, system is not currently working as be lost within 22 years or three proposed rule (83 FR 45073). intended, and illegal logging in public generations (Bird et al. 2011, appendix protected areas remains a serious threat, Summary of Factors Affecting the S1). The golden conure’s range partially particularly logging of mahogany Species overlaps what is known as the ‘‘arc of (Swietenia macrophylla) (BLI 2016, p. deforestation,’’ an area in the Section 4 of the Act (16 U.S.C. 1533) 5), a CITES (Convention on southeastern Amazon where rates of International Trade in Endangered and its implementing regulations (50 deforestation and forest fragmentation CFR part 424) set forth the procedures Species of Wild Fauna and Flora) have been the highest (Prioste et al. Appendix II species (CITES 2018b). for determining whether a species is an 2012, p. 701; Laranjeiras 2011a, ‘‘endangered species’’ or a ‘‘threatened Although selective logging and unpaginated; Laranjeiras and Cohn-Haft requirements for minimum tree sizes are species.’’ The Act defines an 2009, p. 8). endangered species as a species that is intended to minimize effects to the After a long period of deforestation in forest, logging of larger trees is likely to ‘‘in danger of extinction throughout all the Amazon, rates of deforestation or a significant portion of its range,’’ and have a greater effect on the golden dropped dramatically to levels not conure because the species uses larger, a threatened species as a species that is recorded in recent decades (Alves et al. older trees for its nesting and roosting ‘‘likely to become an endangered 2017, p. 76). However, despite declines (Yamashita 2003, p. 38). species within the foreseeable future in the deforestation rate, the total area Expanding crop production and throughout all or a significant portion of deforested in Brazil’s Amazon has risen ranching are also major drivers of its range.’’ The Act directs us to steadily since deforestation rates were deforestation in the Amazon basin. Soy determine whether any species is an first measured in 1988 (IPAM 2017, p. beans are primarily used for cattle feed, endangered species or a threatened 7 using PRODES 2017 data). More and in the 1990s and early 2000s, high species because of one or more of the recently, deforestation rates are demand for beef created a ‘‘soy-cattle following factors affecting its continued increasing again (Fearnside 2017b, p. 1; pasture deforestation dynamic,’’ where existence: (A) The present or threatened IPAM 2017, p. 15; Biderman and soy production replaced existing cattle destruction, modification, or Nogueron 2016, unpaginated), as global pasture, and forced new deforestation curtailment of its habitat or range; (B) demand for agricultural commodities into the Amazon for cattle ranching overutilization for commercial, continues to rise (Brando et al. 2016, (GFA 2018c, unpaginated). In the 2 recreational, scientific, or educational abstract), and the ‘‘arc of deforestation’’ years preceding the moratorium purposes; (C) disease or predation; (D) is likely to continue to be a hotspot (instituted in 2006), approximately 30 the inadequacy of existing regulatory (Alves et al. 2017, p. 76). percent of soy expansion occurred mechanisms; or (E) other natural or Forest habitat degradation and through deforestation rather than by manmade factors affecting its continued fragmentation typically begin with road replacement of pasture or other existence. construction and subsequent human previously cleared lands; by 2014, just settlement. Nearly 95 percent of all 1 percent of soy expansion was We completed a comprehensive deforestation occurred within 5.5 responsible for deforestation in Brazil’s assessment of the biological status of the kilometers (km) (3.4 miles (mi)) of roads Amazon (Gibbs et al. 2015, p. 377). The golden conure, and prepared a report of or 1 km (0.6 mi) of rivers (Barber et al. soy moratorium was renewed the assessment, which provides a 2014, pp. 203, 205, 208). Roads are indefinitely in 2016, or until it is no thorough account of the species’ overall rapidly expanding in the region and longer needed (Patin˜ o 2016, viability. In the discussion below, we contribute to further habitat degradation unpaginated). summarize the conclusions of that SSA, and fragmentation (Barber et al. 2014, p. Cattle ranching is the largest cause of which can be accessed at Docket No. 203). deforestation in every Amazon country FWS–HQ–ES–2015–0019 on http:// Logging in the Amazon was once and is responsible for about 80 percent www.regulations.gov. Please refer to the restricted to areas bordering major of current deforestation rates (GFA SSA report and the Summary of Factors rivers, but the construction of highways 2018d, unpaginated). Brazil is the Affecting the Species section in the and strategic access roads and the largest beef exporter in the world, proposed rule (83 FR 45073, September depletion of hardwood stocks in the supplying about one quarter of the 5, 2018, pp. 45077–45080) for a more south of Brazil made logging an world market (GFA 2018d, detailed discussion of the factors important, growing industry (Verı´ssimo unpaginated). In 2015 and 2016, new affecting the golden conure. et al. 1992, p. 170). Logging operations markets for Brazilian beef were opened

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up via agreements with Russia, the cited by Ferreira et al. 2014, p. 706). GDP purchasing power parity (GDP United States, and China (Fearnside Mining leases, exploration permits, and PPP), with one forecast predicting that 2017b, p. 14). The Chinese market, in concessions collectively encompass 1.65 GDP PPP will rise steadily through 2050 particular, has significant potential million square kilometers (km2) (0.64 (PWC Global 2016, unpaginated), while demand for both beef and leather, with million square miles (mi2)) of land, with a more recent forecast predicts that GDP China being the world’s largest about 60 percent located in the Amazon PPP will stagnate and then drop after manufacturer of shoes (Fearnside 2017b, forest (Departamento Nacional de about 2050 (Knoema 2018, p. 16). Produc¸a˜o Mineral 2012, as cited in unpaginated). Conversion of native forest for the Sonter et al. 2017, p. 1). cultivation of palm plantations for the Illegal Collection and Trade production of palm oil is likely to Deforestation Rates and Gross Domestic The golden conure is highly prized as further reduce the amount of habitat Product an aviary bird and has been extensively available to the golden conure. The Annual deforestation rates in the trapped for both the domestic and Brazilian government plans to increase Brazilian Amazon have always varied, international pet trade in the past (BLI biofuel production in the next decade, but have generally been correlated with 2016, p. 5; Alves et al. 2013, p. 60; driven primarily by demands for fuel national economic growth as measured Laranjeiras 2011a, unpaginated; (ethanol and biodiesel) (Villela et al. by GDP (Petherick 2013, p. 7; Yamashita 2003, p. 38; Snyder et al. 2014, p. 273). A recent study of regional Hochstetler and Viola 2012, p. 759). 2000, p. 132; Collar 1992, p. 304; Oren avian biodiversity in palm oil However, beginning in 2005, measures and Novaes 1986, pp. 329, 334–335). plantations concluded that they are as of deforestation and GDP have separated However, there is little evidence that detrimental to avian biodiversity as or ‘‘decoupled’’ (Lapola et al. 2014, p. this practice is continuing in other forms of agriculture such as cattle 27; Petherick 2013, p. 7). The Amazon international trade (Laranjeiras 2011a, pasture (Lees et al. 2015, entire). experienced dramatic reductions in unpaginated; Silveira and Belmonte in Therefore, any native forest converted to annual average rates of deforestation press, unpaginated). palm plantations will result in habitat from almost 21,000 km2 (8,108 mi2) In contrast, the illegal domestic loss for the golden conure, and any between 2000 and 2004—to about 7,000 market for the species is still occurring degraded land that is planted for palm km2 (2,703 mi2) in 2009 and 2010 at some level (Silveira and Belmonte in oil will not regenerate or be restored to (Prodes 2017, unpaginated; Petherick press, unpaginated). Historically, suitable habitat for the species. 2013, p. 8; Hochstetler and Viola 2012, keeping birds was an important part of Increased fire risk from human p. 759) and 6,418 km2 (2,478 mi2) in local indigenous tradition and culture settlement and the activities noted 2011 (Prodes 2017, unpaginated). (Carvalho 1951 and Cascudo 1973, as above further contribute to deforestation During this same period, Brazil’s GDP cited by Alves et al. 2013, p. 54). Young (Barber et al. 2014, p. 203) (see rose steadily, indicating strong, birds were taken from the wild to raise Projected Effects from Climate Change, sustained growth from an export as pets and for feathers, but now are also below). Fire for land management is commodity boom (Petherick 2013 p.7; sold to bird traders (Oren and Novaes now common in rural Amazonia (Malhi Hochstetler and Viola 2012, pp. 759– 1986, p. 335). Much of the area et al. 2008, p. 171), but wildfires in 760). occupied by the golden conure is poor, tropical forests of the Amazon were rare Decoupling has been attributed to a and selling the birds for the domestic over the past millennia, and trees are number of factors with no clear pet trade provides an extra source of not adapted for fire (Fearnside 2009, p. consensus on which factor has been the income (Yamashita 2003, p. 39). 1005). Amazonian trees have thin bark most effective (Moutinho 2015, p. 2). There are mixed reports regarding the and fire heats the cambium under the Contributing factors include government degree to which illegal capture of bark at the base of the trunk, causing the strategies and policies for forest golden conures from the wild tree to die and further contributing to conservation (Assunc¸a˜o et al. 2012, p. (‘‘poaching’’) occurs. The Brazilian deforestation (Fearnside 2009, p. 1005). 697) such as: (1) The expansion of Institute of Environment and Renewable Hydroelectric dams are also a major protected areas, which reduced the Natural Resources (IBAMA) has contributor to deforestation in the supply of unclaimed forest land licensed and regulated bird breeding in Amazon. Brazil is the second-largest (Nepstad et al. 2014, p. 1118); (2) an an effort to reduce poaching (Alves et al. producer of hydroelectricity in the effort that began in 2007 to blacklist the 2013, p. 61). As a result, several sources world (after China), and hydropower worst deforesters; and (3) efforts to believe poaching is no longer a major supplies about 75 percent of Brazil’s monitor and control municipalities with concern for the species because trade is electricity (GFA 2018e, unpaginated; high levels of illegal deforestation thought to mostly be from the Fearnside 2017c, unpaginated). The through sanctions and restricted access substantial captive population (Silveira Brazilian government recently to credit (Moutinho 2015, p. 3; in litt. 2012, Lees in litt. 2013, in BLI announced an end to the construction of Assunc¸a˜o et al. 2012, p. 698). 2016, p. 5). However, some level of large dams in the Amazon (Branford Reductions in deforestation have also illegal capture and trade of the species 2018, unpaginated), but smaller dams been attributed to market and social is still believed to occur (Lima in litt. within the golden conure’s range are forces, such as decreases in the price of 2018). Captive rearing may not be a still under construction or planned agricultural commodities (including soy practical alternative to illegal trade, (GFA 2018e, unpaginated; Fearnside and beef) in 2005 (Fearnside 2017b, p. particularly in low-income areas, 2017c, unpaginated; Nobre et al. 2016, 1; Assunc¸a˜o et al. 2012, entire) and the because the price of commercially bred p. 10763). 2006 soy moratorium (Gibbs et al. 2015, birds is approximately 10 times higher Mining for minerals also contributes pp. 377–378). than wild-caught individuals (Renctas to deforestation of the Amazon; it grew Brazil is one of the countries that 2001, as cited in Alves et al. 2013, p. 61; from 1.6 percent of gross domestic currently has comparatively low Machado 2002, as cited in Alves et al. product (GDP) in 2000, to 4.1 percent in productivity levels and is projected to 2010, p. 155). 2011, and is projected to increase by a grow faster as it catches up with more Additionally, oversight of domestic factor of 3 to 5 by 2030 (Brasil developed countries (Guardian 2012, wildlife-breeding facilities in Brazil is Ministe´rio de Minas e Energia 2010, as unpaginated). Forecasts vary for Brazil’s limited (Alves et al. 2010, entire), and

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many wild bird species declared to be (Marengo et al. 2011, p. 27). The (Factor C). The species is likely still captive-bred are actually born in the downscaled model for the Amazon used hunted at low levels as a food source wild and traded under fraudulent a previously provided set of scenarios and for feathers, and birds that raid documentation (Alves et al. 2013, p. 61). known as the Special Report on crops may be shot by farmers (Oren and Most wildlife centers responsible for Emissions Scenarios (SRES) to project Novaes 1986, p. 335). However, we have managing, licensing, and inspecting all the low-emissions using scenario (SRES no information about the rate that these categories of breeders, traders, and zoos B1) and high-emissions scenario (SRES activities may be occurring or the extent (Kuhnen and Kanaan 2014, p. 125) lack A2) (Marengo et al. 2011, p. 27). More to which they may be affecting resources and funding (Padrone 2004, as recently, a newer set of scenarios (i.e., populations. Similarly, we have no cited in Kuhnen and Kanaan 2014, p. RCPs) were prepared that include a information regarding diseases that may 125). Also, there are not enough wider range of future conditions and affect golden conures in the wild. inspections at market places and emissions. However, to compare the Golden conures, including eggs and commercial breeding facilities to fight SRES and RCP scenarios, SRES B1 is nestlings, are prey to a variety of native illegal domestic trade (Alves et al. 2010, roughly comparable to RCP 4.5 and predators, including toucans (Oren and pp. 154–155). SRES A2 is similar to RCP 8.5 (U.S. Novaes 1986, p. 334; Forshaw 2017, p. The United States is a major importer National Climate Change Assessment 228); raptors (Laranjeiras 2008a, as cited of pet birds, yet relatively little trade in 2014, p. 821). These similarities in Laranjeiras 2011a, unpaginated; the golden conure has been observed. between specific RCP and SRES Silveira and Belmonte in press, We reviewed all records of legal and scenarios make it possible to compare unpaginated); monkeys; snakes; and the intercepted illegal trade in the CITES the results from different modeling tayra (Eira barbara), an omnivorous annual trade records submitted by the efforts over time (U.S. National Climate weasel (Oren and Novaes 1986, p. 334). U.S. Fish and Wildlife Service from Change Assessment 2014, p. 821). However, we have no information 1981 to 2016. Overall, the U.S. trade in The risks to the golden conure from regarding the rates of predation on the the golden conure has been relatively deforestation will likely be intensified golden conure from these predators and low compared with other pet birds, by synergistic effects associated with how that may be affecting the golden likely because the golden conure was climate change (Staal et al. 2015, p. 2) conure. included in CITES Appendix I in 1975 because a number of large-scale drivers Conservation Measures and Regulatory and we listed the species under the Act of environmental change (i.e., land-use Mechanisms in 1976. change from deforestation and climate changes due to global warming) are The conservation measures and Projected Effects From Climate Change operating simultaneously and regulatory mechanisms for the golden Changes in Brazil’s climate and interacting nonlinearly in the Amazon conure are described in the proposed associated changes to the landscape are (Nobre et al. 2016, p. 10759). Increased rule (83 FR 45073; September 5, 2018) likely to result in additional habitat loss temperatures and frequency or severity and are summarized below. The golden for the golden conure. Across Brazil, of droughts put the Amazon region at a conure is considered ‘‘vulnerable’’ at the temperatures are projected to increase higher risk of forest loss and more national level in Brazil (MMA 2014, p. and precipitation to decrease (Barros frequent wildfires (Magrin et al. 2007, p. 122). Golden conures and their nests, and Albernaz 2014, p. 811; Carabine and 596; Marengo et al. 2011, p. 48). The shelters, and breeding grounds are Lemma 2014, p. 11). The 2013 Amazon’s rainforest may have two protected by Brazilian environmental Intergovernmental Panel on Climate ‘‘tipping points’’: (1) A temperature laws (Clayton 2011, p. 4; Environmental Change (IPCC) predicted that by 2100, increase of 4.0 °C (7.2 °F); or (2) Crimes law of Brazil (1999) as cited in South America will experience deforestation exceeding 40 percent MSU 2018, unpaginated; Official List of temperature increases ranging from 1.7 (Nobre et al. 2016, p. 10759), that once Brazilian Endangered Animal Species to 6.7 degrees Celsius (°C) (3.06 to 12.06 exceeded could cause large-scale shifts Order No. 1.522/1989 as cited in degrees Fahrenheit (°F)) under in the vegetation to a savanna (i.e., ECOLEX 2018; CFRB 2010, p. 150; Law Representative Concentration Pathway ‘‘savannization’’) mostly in the southern No. 5.197/1967 as cited in LatinLawyer (RCP) 4.5 and RCP 8.5, respectively and eastern Amazon (Nobre et al. 2016, 2018, unpaginated). Various regulatory (Carabine and Lemma 2014, p. 10; p. 10759) within the golden conure’s mechanisms (Law No. 11.516, Act No. Magrin et al. 2014, p. 1502). Projected range. 7.735, and Decree No. 78, as cited in changes in precipitation in South Similarly, a study that considered ECOLEX 2018, unpaginated) and Law America vary by region, with rainfall only the effects from global warming 6.938/1981(LatinLawyer 2018, reductions in the Amazon estimated (i.e., absent deforestation) predicted that unpaginated) direct Brazil’s federal and with medium confidence (about a 5 out by the end of this century, some areas state agencies to promote the protection of 10 chance) (IPCC 2018, unpaginated; of rainforest will be replaced by of lands and govern the formal Carabine and Lemma 2014, p. 11; deciduous forest and grassland using establishment and management of Magrin et al. 2014, p. 1502). scenario RCP 4.5 and by all grassland protected areas to promote conservation Downscaled models, based in part on using scenario RCP 8.5 (Lyra et al. 2016, of the country’s natural resources. the 2007 IPCC data, predict more severe entire). Although the projected Additionally, several Brazilian laws are changes than the average expected outcomes of models are not definitive, designed to protect forest reserves and global variation, with the greatest any terra firme (unflooded) forest to prohibit fire and other actions, such warming and drying occurring over the habitat that shifts from rainforest to as logging, without authorization Amazon rainforest, particularly after other habitat types (e.g., savanna) would (Clayton 2011, p. 5; Law No. 9.605/1998 2040 (Marengo et al. 2011, pp. 8, 15, 27, result in loss of habitat for the golden as cited in LatinLawyer 2018, 39, 48; Fe´res et al. 2009, p. 2). Estimates conure. unpaginated). of temperature changes in the Amazon by the end of the 21st century are 2.2 Other Potential Stressors Protected Areas °C (4 °F) under a low greenhouse gas Other potential stressors to the golden Protected areas have traditionally emission scenario and 4.5 °C (8 °F) conure include hunting and persecution formed the backbone of forest under a high-emission scenario (Factor B), and predation or disease conservation in the Amazon Basin, and

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they still remain a vital conservation 2009, pp. 1, 8; Silveira and Belmonte in In late 2012, a new forest code was strategy (GFA 2018f, unpaginated). press, unpaginated). The species’ approved that reduces restoration Brazil has the largest protected area predicted range overlaps with numerous requirements by providing amnesty for network in the world. The National protected areas such as national parks previous illegal deforestation by smaller Protected Areas System (Federal Act and national forests, which have various property holders (Soares-Filho et al. 9.985/2000, as cited in LatinLawyer levels of protection (Service 2018, pp. 2014, p. 363). Under the older forest 2018, unpaginated) was established in 68–70; Laranjeiras and Cohn-Haft 2009, code, legal reserves that were illegally 2000, and covers nearly 2.2 million km2 p. 8). Additionally, the species occurs in deforested were required to be restored (0.8 million mi2) or 12.4 percent of the nine areas recently designated as at the landowner’s expense. The new global total (WDPA 2012, as cited by ‘‘Important Bird Areas’’ (IBAs) in Brazil forest code forgives the legal reserve Ferreira et al. 2014, p. 706). This (BLI 2018a–h, unpaginated; Lima et al. debt of small properties (up to 440 extensive network of protected areas is 2014, p. 318; Laranjeiras 2011a, hectares (1,087 acres)) (Soares-Filho et intended to (1) preserve priority unpaginated; Devenish et al. 2009, pp. al. 2014, p. 363). Although the 2012 biodiversity conservation areas, (2) 104–106). IBAs are places of forest code reduced the restoration establish biodiversity corridors, and (3) international significance for the requirements, it also introduced protect portions of the 23 Amazonian conservation of birds and other measures that strengthen conservation ecoregions identified by the World biodiversity (BLI 2018i, unpaginated). including addressing (1) fire Wildlife Fund (Rylands and Brandon Levels of protection at IBAs vary from management, (2) forest carbon emissions 2005, pp. 612, 615; Silva 2005, entire). fully protected within Protected Areas and storage, and (3) payments for Brazil’s Protected Areas may be to no protections and are outside the ecosystem services that increase the categorized as ‘‘strictly protected’’ or National Protected Area System (BLI economic activities compatible with ‘‘sustainable use’’ based on their overall 2018i, unpaginated). conservation of natural resources management objectives. Strictly Habitat modeling studies have (Soares-Filho et al. 2014, p. 364; GFA protected areas include national parks, estimated approximately 10,875 golden 2018h, unpaginated). Additionally, the biological reserves, ecological stations, conures within 174,000 km2 (67,182 new forest code created an natural monuments, and wildlife mi2) of suitable habitat across a range of ‘‘environmental reserve quota,’’ where refuges protected for educational and approximately 340,000 km2 (131,275 quota surplus on one property may be recreational purposes and scientific mi2) (Laranjeiras 2011b, p. 311; used to offset a legal reserve debt on research. Protected areas of sustainable Laranjeiras and Cohn-Haft 2009, pp. 1, another property within the same use (national forests, environmental 3). To date, the golden conure has been biome; this could create a market for forested lands, adding monetary value protection areas, areas of relevant found in numerous protected areas or ecological interest, extractive reserves, to native vegetation and potentially IBAs that have a total area of fauna reserves, sustainable development abating up to 56 percent of legal reserve approximately 154,673 km2 (51,719 mi2) reserves, and private natural heritage debt (Soares-Filho et al. 2014, p. 363). (Service 2018, pp. 68–70). However, not reserves) allow for different types and all of the area represented contains Legal Captive Rearing and Trade levels of human use with conservation suitable habitat for the species, and of biodiversity as a secondary objective. IBAMA has licensed and regulated By 2006, 1.8 million km2 (0.7 million several of the IBAs (39 percent) breeding of native bird species, 2 presently have no protection (61,864 including golden conure, in an effort to mi ), or approximately 45 percent of 2 2 Brazil’s Amazonian tropical forest, was km (23,866 mi )). An additional 26 reduce poaching (Alves et al. 2013, p. under some level of protection as percent of IBAs presently have just 61). The captive population of golden 2 federal- or state-managed land, or partial protection (40,582 km (15,669 conures in Brazil is believed to be about 2 designated as indigenous reserve mi )) (Service 2018, pp. 68–70). Despite 600 birds (Prioste et al. 2013, p. 146). (managed by indigenous communities) significant efforts to designate and Additional captive populations of (Barber et al. 2014, p. 204). Of this, 19.2 establish protected areas, funding and golden conures exist as CITES-registered percent was strictly protected areas, and resources are limited, and adequate captive-breeding operations in the 30.6 percent was comprised of federal enforcement of these areas is United Kingdom and the Philippines. and state sustainable use areas, with challenging. Although we have no further indigenous reserves making up the Forest Code information on these programs, captive remainder (Barber et al. 2014, p. 204). rearing in Brazil is believed to have Indigenous lands are legally Brazil’s forest code was created in reduced the incidence of poaching of recognized areas where indigenous 1965, and was subsequently changed in young golden conures from the wild peoples have perpetual rights of access, the 1990s via a series of presidential (Silveira in litt. 2012, Lees in litt. 2013, use, withdrawal, management, and decrees (Soares-Filho et al. 2014, p. as cited in BLI 2016, p. 5). exclusion over the land and associated 363). As of 2001, the forest code resources (GFW 2018, unpaginated). required landowners in the Amazon to Reintroduction Indigenous communities sustainably conserve native vegetation on their rural We know of only one attempt to use their forest land, practice shifting properties by setting aside what is reintroduce the golden conure to an area cultivation, trade non-timber forest called a ‘‘legal reserve’’ of 80 percent of where it had been extirpated. The products, and may allow selective their property (i.e., with 20 percent species was extirpated from the Bele´m logging (GFA 2018g, unpaginated; available to be harvested) (Soares-Filho region of Para´ in 1848 (Moura et al. Schwartzman and Zimmerman 2005, p. et al. 2014, p. 363). The forest code 2014, p. 5). In 2017, reintroductions of 721). Large-scale deforestation is severely restricted deforestation on golden conure were attempted in this prohibited (Barber et al. 2014, p. 204). private properties but proved area (at Utinga State Park in Bele´m) Protected areas have been emphasized challenging to enforce, and full (globo.com 2018, unpaginated; Silveira as a key component for the golden compliance has not been achieved (GFA in litt. 2018; Organization of conure’s survival (e.g., in the Tapajos 2018b, unpaginated; Azevedo et al. Professional Aviculturists in litt. 2018). River region and the Gurupi Biological 2017, entire; Soares-Filho et al. 2014, p. Of the 24 birds involved in the release Preserve) (Laranjeiras and Cohn-Haft 363). program, three died prior to release, and

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one died after release due to predation between member governments to ensure permits to allow import of listed birds by a boa (Boa constrictor). There have that the international trade of CITES- for scientific research, zoological been no reports of released conures listed plant and animal species is breeding or display, cooperative being taken as pets, although it is a sustainable and does not threaten breeding, or personal pet purposes possibility in the future. Currently, species’ survival. Under this treaty, when the applicant meets certain seven of the released birds are living in CITES Parties (member countries or criteria (50 CFR 15.22–15.25). close proximity to the release station, signatories) regulate the import, export, The Lacey Act was originally passed while another 13 birds have flown away and re-export of specimens, parts, and in 1900, and was the first Federal law from the release point. These 13 birds products of CITES-listed plant and protecting wildlife. Today, it provides are not currently under observation, but animal species. Brazil is a Party to civil and criminal penalties for the reports have indicated that they are CITES. Trade in CITES-listed plants and illegal trade of animals and plants. living within the green areas of the city animals must be authorized through a Under the Lacey Act, in part, it is of Bele´m. One pair of golden conures licensing system of permits and unlawful to (1) import, export, has also successfully produced one certificates that are provided by the transport, sell, receive, acquire, or offspring in an artificial nest box designated CITES Management purchase any fish, or wildlife taken, provided near the release station. This Authority of each CITES Party. CITES possessed, transported, or sold in chick was successfully reared without includes three Appendices that list violation of any law, treaty, or human intervention and is living as a species meeting specific criteria. regulation of the United States or in wild parrot along with its parents that Depending on the Appendix in which violation of any Indian tribal law; or (2) have been seen feeding on native fruits. they are listed, species are subject to import, export, transport, sell, receive, This is the first documented wild born various permitting requirements. acquire, or purchase in interstate or golden conure in the Bele´m area in over The golden conure is included in foreign commerce any fish or wildlife 50 years. Even though this project is in CITES Appendix I and receives the taken, possessed, transported, or sold in the initial stages, its prospects are highest degree of protection. Species violation of any law or regulation of any promising (Silveira in litt. 2018; listed in this Appendix are those that State or in violation of any foreign law. Organization of Professional are threatened with extinction and Therefore, because the take of wild- Aviculturists in litt. 2018). which are, or may be, affected by trade. caught golden conures would be in Commercial trade in Appendix I violation of Brazil’s wildlife law, the Additional Conservation and Regulatory wildlife species is strictly prohibited, Mechanisms subsequent import of the species would except in limited circumstances be in violation of the Lacey Act. ‘‘Reducing Emissions from provided by the treaty. However, Similarly, under the Lacey Act, it is Deforestation and Forest Degradation’’ commercial international trade may be unlawful to import, export, transport, (REDD) is a ‘‘payment for ecological allowed in certain circumstances where sell, receive, acquire, or purchase services’’ initiative developed by the animals have been produced by CITES- specimens of these species traded United Nations that creates a financial registered captive-breeding operations. contrary to CITES. value for the carbon stored in forests Trade in specimens from registered (GFA 2018h, unpaginated). The program operations may be treated as if they Summary of Comments and Responses offers incentives to developing countries were listed in CITES Appendix II, SSA Report to reduce emissions from forested lands although they remain Appendix I listed and invest in low-carbon paths to specimens. Each shipment requires the In accordance with our joint policy on sustainable development (GFA 2018h, issuance of both CITES export and peer review published in the Federal unpaginated). REDD plus (REDD+) goes import documents. There are two Register on July 1, 1994 (59 FR 34270), one step further by including objectives CITES-registered captive-breeding and our August 22, 2016, memorandum for (1) biodiversity conservation, (2) operations for the golden conure: one in updating and clarifying the role of peer sustainable management of forests, and the United Kingdom and the other in review of listing actions under the Act, (3) improvements to forest governance the Philippines. The United States may we sought the expert opinions of five and local livelihoods (GFA 2018h, also allow noncommercial trade in this appropriate specialists regarding the unpaginated). Brazil is one of the most species on a case-by-case basis for SSA report that informed our proposed advanced countries in the world in approved purposes such as scientific, rule, and we received responses from REDD+ planning and maintains an zoological, and educational activities. four of the five peer reviewers. We also ‘‘Amazon Fund,’’ which receives Two other laws in the United States invited any additional comments from compensation for reductions in apart from the Act provide protection the peer reviewers on the proposed rule deforestation. To date, the Norwegian from the illegal import of wild-caught during its public comment period. The government is the major donor; lesser birds into the United States: the Wild purpose of peer review is to ensure that donors include the government of Bird Conservation Act (WBCA; 16 our reclassification determination is Germany and the Brazilian oil company U.S.C. 4901 et seq.) and the Lacey Act based on scientifically sound data, Petrobras (GFA 2018h, unpaginated). (18 U.S.C. 42; 16 U.S.C. 3371 et seq.). assumptions, and analyses. All The successful funding and The WBCA was enacted in 1992, to substantive information from the peer implementation of REDD+ is expected ensure that exotic bird species are not review was fully considered and to reduce rates of deforestation in harmed by international trade and to incorporated into this final rule, where Brazil’s Amazon rainforest and would encourage wild bird conservation appropriate. The peer reviewers’ likely benefit the golden conure and its programs in countries of origin. Under comments and suggestions are available habitat. However, the initiative is in its the WBCA and our implementing at https://www.fws.gov/endangered/ early stages and is being hampered by regulations (50 CFR 15.11), it is improving_ESA/peer_review_ numerous issues, particularly unlawful to import into the United process.html. unresolved land-tenure problems (May States any exotic bird species listed Proposed Rule et al. 2018, p. 44). under CITES that is not included in the The golden conure is protected under approved list of species, except under The public comment period for our CITES, an international agreement certain circumstances. We may issue September 5, 2018, proposed rule (83

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FR 45073) lasted for 60 days, ending near-term threats to the species have include the golden conure in the 4(d) November 5, 2018. During that comment been reduced, we do not find the rule for birds at 50 CFR 17.41(c) to period, we received 31 comments on species is presently in danger of address the golden conure’s specific our proposed rule to downlist the extinction throughout all or a significant threats and conservation needs, which golden conure. The majority of the portion of its range. Thus, it does not will promote conservation of the golden comments support downlisting the meet the definition of an ‘‘endangered conure. We find that this 4(d) rule golden conure from endangered to species’’ under the Act. contains all the prohibitions and threatened with a 4(d) rule to allow Drivers of habitat degradation and authorizations necessary and advisable import/export and interstate commerce deforestation include roads; human for the conservation of the species. of certain golden conures. Additionally, settlement; logging; and agricultural We acknowledge that we do not have commenters provided updated expansion for soy cultivation, cattle authority to directly regulate activities information regarding the golden conure ranching, and palm oil production (an in a foreign country that may cause the reintroduction program occurring in the emerging threat). Additionally, golden conure to be an endangered Bele´m region of Para´ at Utinga State infrastructure projects such as species or a threatened species. Park. We have incorporated this hydroelectric dams and mining However, conservation measures or information under Conservation operations are growing sources of benefits provided to foreign species Measures and Regulatory Mechanisms, deforestation that also contribute to loss listed as endangered or threatened above, and have updated the SSA of forest habitat in the range of the under the Act include recognition, report. Other comments are discussed conure. Based on the best available requirements for Federal protection, and below by topic. scientific studies and information prohibitions against certain practices. Comment (1): Many commenters state assessing land-use trends (including Recognition through listing results in that the 4(d) rule will help improve the deforestation, lack of enforcement of public awareness, and may encourage breeding pool because allowing laws, predicted landscape changes and result in conservation actions by interstate commerce of golden conures under climate-change scenarios, and foreign governments, Federal and State will develop more diverse genes and predictions about the impact of those governments, private agencies and blood lines. Thus, the continued threats), we conclude that the golden interest groups, and individuals. breeding of the species in the United conure is likely to be in danger of Comment (4): Some commenters States can provide a safety reservoir of extinction in the foreseeable future stated that Bird Life International (BLI) individuals for reintroduction if needed. throughout its range and meets the has downlisted the species from Our Response: While we agree with definition of a ‘‘threatened species’’ ‘‘endangered’’ to ‘‘vulnerable’’ because the commenters that interstate under the Act. the estimated population is 10,000 to commerce of golden conures could Comment (3): One commenter stated 19,999 individuals. The commenters allow the development of more diverse that downlisting the golden conure to state that BLI is a recognized authority, genes and blood lines, we do not believe threatened will provide the species with and their recommendations should be that captive-bred golden conures in the less protection than if it was listed as taken as ‘‘best scientific evidence.’’ United States as pets are good endangered. Our Response: We determined that candidates for reintroduction into the Our Response: We must make our the best available information indicates wild. Golden conures bred as pets determination on whether the species is the current wild population of the would likely be socialized with humans endangered or threatened based solely golden conure is about 10,875 and in turn fail to act appropriately with on the best available scientific and individuals (Laranjeiras 2011b, p. 311). wild individuals when released. In commercial data available. If a species Birdlife International’s population addition, golden conures held as pets is determined to be an endangered estimate is 6,600–13,400 individuals may pose a disease risk to wild species, the Act extends certain (BLI 2019, unpaginated). We note that populations. prohibitions to the species pursuant to this estimate is within the range of the Comment (2): A few commenters section 9. If the species is listed as range of individuals cited by BLI. disagreed with the proposed threatened, we may develop a rule The decision to list a species under downlisting because they claim that we pursuant to 4(d) to provide for its the Act is based on whether the species underestimate the effect of deforestation conservation. meets the definition of an endangered and increased human population The golden conure is more species or a threatened species as growth within the range of the golden widespread than previously thought, defined under section 3 of the Act, conure. Therefore, they state that the and threats to the species have been considering the factors set forth in golden conure should not be downlisted reduced to the point that it is no longer section 4(a)(1) of the Act, and is made to threatened because the species in danger of extinction throughout all or solely on the basis of the best scientific remains in danger of extinction due to a significant portion of its range. Our and commercial data available. BLI uses deforestation. analysis also assessed the biological different standards and criteria to assign Our Response: Our analysis of the status of the golden conure in light of its status designations; therefore, a stressors to the golden conure as the broad protections provided to the determination of status under the Act is discussed in the SSA report (Service species under CITES and the WBCA. We not interchangeable with a BLI 2018, pp. 25–35) and summarized here determined that the golden conure designation. Using the best scientific and in the proposed rule includes the meets the definition of a ‘‘threatened and commercial data available, as contribution of an increasing human species’’ under the Act. A threatened summarized in this rule, we find that population and how it impacts the species is likely to become endangered the golden conure meets the definition species through habitat degradation and throughout all or a significant portion of of a ‘‘threatened species’’ under the Act. fragmentation. While we agree the its range within the foreseeable future. golden conure faces significant risk from Section 4(d) of the Act states that the Determination of Golden Conure Status loss and degradation of its habitat from ‘‘Secretary shall issue such regulations Section 4 of the Act (16 U.S.C. 1533) deforestation in the foreseeable future, as he deems necessary and advisable to and its implementing regulations (50 because the golden conure is more provide for the conservation’’ of species CFR part 424) set forth the procedures widespread than previously thought and listed as threatened. Therefore, we for determining whether a species meets

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the definition of ‘‘endangered species’’ Approximately 10,875 golden conures additional 23 to 30 percent in 22 years or ‘‘threatened species.’’ The Act defines occur within 174,000 km2 (67,182 mi2) (Service 2018, pp. 42–46; Bird et al. an ‘‘endangered species’’ as a species of suitable habitat across a range of 2011, appendix S1). that is ‘‘in danger of extinction approximately 340,000 km2 (131,275 Additionally, habitat loss and throughout all or a significant portion of mi2) (Laranjeiras 2011b, p. 311; degradation is likely to be intensified by its range,’’ and a ‘‘threatened species’’ as Laranjeiras and Cohn-Haft 2009, pp. 1, synergistic effects associated with the a species that is ‘‘likely to become an 3). Tighter enforcement of CITES, consequences of climate change (Service endangered species within the stricter European Union legislation, 2018, pp. 42–46; Staal et al. 2015, p. 2). foreseeable future throughout all or a adoption of the WBCA in the United There is a strong likelihood of warming significant portion of its range.’’ The Act States, and adoption of national by at least 1.5 to 2.0 °C (2.7 to 3.6 °F) requires that we determine whether a legislation in other countries have all in Latin America by the end of the species meets the definition of helped to significantly curtail illegal century (Carabine and Lemma 2014, p. ‘‘endangered species’’ or ‘‘threatened international trade (Snyder et al. 2000, 8), and downscaled estimates for the species’’ because of any of the following p. 99). Government-authorized captive Amazon over the same time period (i.e., factors: (A) The present or threatened breeding programs in Brazil are thought by the end of the century) indicate destruction, modification, or to have curtailed the illegal domestic temperature increases of 2.2 °C (4 °F) curtailment of its habitat or range; (B) trade (Silveira in litt. 2012, Lees in litt. under a low greenhouse gas emission Overutilization for commercial, 2013, in BLI 2016, p. 5). Thus, after scenario, SRES B1 that equates to RCP recreational, scientific, or educational assessing the best available information, 4.5, and 4.5 °C (8 °F) under a high- purposes; (C) Disease or predation; (D) we conclude the golden conure is not emission scenario, SRES A2 that equates The inadequacy of existing regulatory currently in danger of extinction to RCP 8.5 (Marengo et al. 2011, p. 27). mechanisms; or (E) Other natural or throughout its range. Increased temperatures of these manmade factors affecting its continued We next considered whether the amounts put the Amazon region at a existence. golden conure is likely to become in high risk of forest loss and more danger of extinction throughout its frequent wildfires (Magrin et al. 2007, p. Status Throughout All of Its Range range within the foreseeable future. Our 596). Downscaled models, based in part, After evaluating threats to the golden proposed rule described ‘‘foreseeable on the earlier (2007) IPCC data, predict conure and assessing the cumulative future’’ as the extent to which we can severe changes (increased warming and effect of the threats under the section reasonably rely on predictions about the drying) over the Amazon rainforest, 4(a)(1) factors, we reviewed the status of future in making determinations about particularly after 2040 (Marengo et al. the golden conure and assessed the five the future conservation status of the 2011, pp. 8, 15, 27, 39, 48; Fe´res et al. factors to evaluate whether the species species. The Service since codified its 2009, p. 2). Additionally, extreme is endangered or threatened throughout understanding of foreseeable future in weather events, such as droughts, will all of its range. We examined the best 50 CFR 424.11(d) (84 FR 45020; August increase in frequency, with drought scientific and commercial information 27, 2019). becoming a 9-in-10-year event, by 2060 available regarding the past, present, In those regulations, we explain the (Marengo et al. 2011, p. 28), further and future threats faced by the golden term ‘‘foreseeable future’’ extends only contributing to deforestation due to conure. We reviewed information so far into the future as the Service can more risk from fires (Marengo et al. presented in the August 21, 2014, reasonably determine that both the 2011, p. 16). petition we received from the American future threats and the species’ responses Based on the best available data, we Federation of Aviculture, Inc.; to those threats are likely. The Service assessed foreseeable future to be 22 to information available in our files; will describe the foreseeable future on a 42 years (or approximately three to six information gathered through our 90- case-by-case basis, using the best generations of the golden conure). We day finding in response to the petition; available data and taking into account based the lower end of this range (22 information gathered in the SSA report; considerations such as the species’ life- years) on the peer-reviewed work by information from public comments on history characteristics, threat-projection Bird et al. 2011, relating to deforestation our September 5, 2018, proposed rule timeframes, and environmental and declines in the population. We (83 FR 45073); and other available variability. The Service need not based the upper end of this range (42 published and unpublished identify the foreseeable future in terms years) on peer-reviewed studies information. of a specific period of time. These predicting effects from climate change When we listed the golden conure as regulations did not significantly modify (such as drought) on deforestation after endangered (41 FR 24062; June 14, the Service’s interpretation; rather they about 2040 to 2060 (Marengo et al. 2011, 1976), the species was perceived to be codified a framework that sets forth how pp. 8, 15, 27, 28, 39, 48; Fe´res et al. declining in numbers due to either the Service will determine what 2009, p. 2). We conclude that it is Factor A, Factor B, or Factor D, or a constitutes the foreseeable future based reasonable to rely on the predictions combination of all three factors. At on our long-standing practice. made in these peer-reviewed studies to present, while we consider deforestation Accordingly, though these regulations determine both the future threats and and habitat degradation to be a do not apply to the final rule for the the species’ response to these threats in significant risk to the golden conure in golden conure since it was proposed making determinations about the the future, the best scientific and prior to their effective date, they do not foreseeable future of the golden conure. commercial information available on the change the Service’s assessment of Although the golden conure is now range and abundance of the species foreseeable future for the golden conure known to be more widespread and indicates that the species is more as contained in our proposed rule. abundant than previously thought, the widespread and abundant than The golden conure has already lost 30 species occurs only within the southern previously believed and that the threat to 35 percent of its historical range basin of Brazil’s Amazon. Much of this from overutilization for the pet trade (Laranjeiras 2011a, unpaginated; area is in the ‘‘arc of deforestation’’ and (Factor B) has diminished (Silveira in Laranjeiras and Cohn-Haft 2009, p. 8). is threatened by loss and degradation of litt. 2012, Lees in litt. 2013, in BLI 2016, We expect both the species’ global its rainforest habitat from deforestation. p. 5; Snyder et al. 2000, p. 99). population and its habitat to decline an Effects from deforestation are

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exacerbated by the projected effects danger of extinction throughout a overlaps this area. However, from climate change. Additionally, even significant portion of its range—rather, deforestation caused by fires, ranching, though government-authorized captive it is a step in determining whether a and agriculture occurs in many parts of breeding programs in Brazil are thought more detailed analysis of the issue is the Amazon and in the conure’s range to have curtailed the illegal domestic required. outside of the ‘‘arc of deforestation.’’ trade, some unknown level of illegal If we answer these questions in the If both (1) a species is not in danger collection and trade is ongoing, affirmative, we then conduct a more of extinction throughout all of its range particularly within Brazil (Silveira and thorough analysis to determine whether and (2) the threats to the species are Belmonte in press, unpaginated). the portion does indeed meet both of the essentially uniform throughout its Existing regulatory mechanisms and ‘‘significant portion of its range’’ prongs: range, then the species could not be in conservation efforts do not currently (1) The portion is significant and (2) the danger of extinction in any biologically adequately ameliorate threats to the species is, in that portion, in danger of meaningful portion of its range. golden conure (Factor D). Although the extinction. Confirmation that a portion Therefore, we conclude, based on this species is no longer in danger of does indeed meet one of these prongs screening analysis, that no portions extinction now, the factors identified does not create a presumption, warrant further consideration through a above continue to affect the golden prejudgment, or other determination as more detailed analysis, and the species conure such that it is likely to become to whether the species is an endangered is not in danger of extinction in any in danger of extinction within the species. Rather, we must then undertake significant portion of its range. Our foreseeable future throughout all of its a more detailed analysis of the other approach to analyzing significant range. Based on the best available prong to make that determination. Only portions of the species’ range in this scientific studies and information if the portion does indeed meet both determination is consistent with the assessing land-use trends, adequacy of prongs would the species warrant listing courts’ holdings in Desert Survivors v. enforcement of laws, predicted as endangered because of its status in a Department of the Interior, No. 16–cv– landscape changes under climate- significant portion of its range 01165–JCS, 2018 WL 4053447 (N.D. Cal. change scenarios, and predictions about At both stages in this process—the Aug. 24, 2018); Center for Biological how those threats may impact the stage of screening potential portions to Diversity v. Jewell, 248 F. Supp. 3d, 946, golden conure, we conclude that the identify any portions that warrant 959 (D. Ariz. 2017); and Center for species is likely to be in danger of further consideration and the stage of Biological Diversity v. Everson, 2020 WL extinction within the foreseeable future undertaking the more detailed analysis 437289 (D.D.C. Jan. 28, 2020). throughout all of its range. of any portions that do warrant further Thus, after assessing the best available consideration—it might be more Determination of Status information, we conclude the golden efficient for us to address the Our review of the best available conure is not currently in danger of ‘‘significance’’ question or the ‘‘status’’ scientific and commercial information extinction, but is likely to become in question first. Our selection of which indicates that the golden conure meets danger of extinction within the question to address first for a particular the definition of a threatened species. foreseeable future throughout all of its portion depends on the biology of the Therefore, we are listing the golden range. species, its range, and the threats it conure as a threatened species in faces. Regardless of which question we accordance with sections 3(20) and Status Throughout a Significant Portion address first, if we reach a negative 4(a)(1) of the Act. of Its Range answer with respect to the first question 4(d) Rule Having determined that the golden that we address, we do not need to conure is likely to become an evaluate the second question for that When a species is listed as endangered species within the portion of the species’ range. endangered, certain actions are foreseeable future throughout all of its For golden conure, we chose to prohibited under section 9 of the Act range, we now consider whether it may evaluate the status question (i.e., and our regulations at 50 CFR 17.21. be in danger of extinction in a identifying portions where the golden These include, among others, significant portion of its range. The conure may be in danger of extinction) prohibitions on take within the United range of a species can theoretically be first. To conduct this screening, we States, within the territorial seas of the divided into portions in an infinite considered whether the threats are United States, or upon the high seas; number of ways, so we first screen the geographically concentrated in any import; export; and shipment in potential portions of the species’ range portion of the species’ range at a interstate or foreign commerce in the to determine if there are any portions biologically meaningful scale. We course of a commercial activity. that warrant further consideration. To examined the following threats: Habitat Exceptions to the prohibitions for do the ‘‘screening’’ analysis, we ask loss; illegal collection and trade; climate endangered species may be granted in whether there are portions of the change; and other stressors of hunting, accordance with section 10 of the Act species’ range for which there is persecution, and predation; and and our regulations at 50 CFR 17.22. substantial information indicating that: including cumulative effects. We found The Act does not specify particular (1) The portion may be significant; and no concentration of threats in any prohibitions and exceptions to those (2) the species may be, in that portion, portion of the golden conures’ range at prohibitions for threatened species. in danger of extinction. For a particular a biologically meaningful scale. For the Instead, under section 4(d) of the Act, portion, if we cannot answer both golden conure, we found both: The the Secretary of the Interior, as well as questions in the affirmative, then that species is not in danger of extinction the Secretary of Commerce depending portion does not warrant further throughout all of its range, and there is on the species, was given the discretion consideration and the species does not no geographical concentration of threats to issue such regulations as deemed warrant listing as endangered because of so the threats to the species are necessary and advisable to provide for its status in that portion of its range. We essentially uniform throughout its the conservation of such species. The emphasize that answering these range. The ‘‘arc of deforestation’’ is a Secretary also has the discretion to questions in the affirmative is not a hotspot of deforestation in the Amazon prohibit by regulation with respect to determination that the species is in and the golden conure’s range partially any threatened species any act

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prohibited under section 9(a)(1) of the purposes in operations included in the Silveira and Belmonte in press, Act. For the golden conure, the Service Secretariat’s Register, in accordance unpaginated). The best available is exercising our discretion to issue a with Resolution Conf. 12.10 (Rev. commercial data indicate that tighter rule under section 4(d) of the Act by CoP15), and Appendix I plants enforcement of CITES, stricter European extending the regulations at 50 CFR artificially propagated for commercial Union legislation, adoption of the 17.41(c) that provide for the purposes, as well as parts and WBCA in the United States, and conservation of certain species in the derivatives thereof, exported under the adoption of national legislation in other parrot family to the golden conure. provisions of Article VII, paragraph 4, of countries have all helped to These provisions generally extend the the Convention. significantly curtail illegal international prohibitions included in 50 CFR 17.21, • Source Code F: Animals born in trade (Snyder et al. 2000, p. 99). except 50 CFR 17.21(c)(5) and as captivity (F1 or subsequent generations) Therefore, illegal international trade is provided in subpart A of part 17, or in that do not fulfill the definition of ‘‘bred not likely to be occurring at levels that a permit. Further, the import and export in captivity’’ in Resolution Conf. 10.16 negatively affect the golden conure of certain golden conures into and from (Rev.), as well as parts and derivatives population. Additionally, legal the United States and certain acts in thereof. international trade of the species is not interstate commerce will be allowed The 4(d) rule does not allow any U.S. currently occurring at levels that affect without a permit under the Act, as import or export of golden conures that the golden conure population. explained below. are taken from the wild; such birds Therefore, we find that the import and would continue to need a permit under export requirements of the 4(d) rule Import and Export the Act, with the following exception: A provide the necessary and advisable The 4(d) rule imposes a prohibition person may import or export a wild conservation measures that are needed on imports and exports, but creates golden conure specimen if the specimen for this species. This 4(d) rule will exceptions for certain golden conures. was held in captivity prior to the date streamline the permitting process for Shipments of captive specimens (i.e., the species was listed in CITES these types of activities by deferring to not taken from the wild) may include Appendix I (i.e., prior to the date that existing laws that are protective of live and dead golden conures and parts CITES entered into force on July 1, golden conures in the course of import and products, including the import and 1975, with ‘‘golden parakeet’’ (i.e., the and export. export of personal pets and research golden conure) listed in Appendix I) samples. The 4(d) rule adopts the and provided that the specimen meets Interstate Commerce existing conservation regulatory all the requirements of CITES and Under the 4(d) rule, except where use requirements of CITES and the WBCA WBCA. If a specimen was taken from after import is restricted under 50 CFR as the appropriate regulatory provisions the wild and held in captivity prior to 23.55, a person may deliver, receive, for the import and export of these that date (July 1, 1975), the exporter will carry, transport, or ship a golden conure golden conure specimens. need to provide documentation as part in interstate commerce in the course of This 4(d) rule allows a person to of the application for a U.S. CITES a commercial activity, or sell or offer to import or export, into and from the preconvention certificate. Examples of sell in interstate commerce a golden United States, captive specimens, documentation may include: (1) A copy conure without a permit under the Act. without a permit issued under the Act, of the original CITES permit indicating At the same time, the prohibitions on provided that the export is authorized when the bird was removed from the take under 50 CFR 17.21 apply under under CITES and the import is wild, (2) veterinary records, or (3) this 4(d) rule, and any interstate authorized under CITES and the WBCA. museum specimen reports. commerce activities that could The import would require a CITES Additionally, consistent with the 4(d) incidentally take golden conure or document issued by the foreign rule for other species in the parrot otherwise constitute prohibited acts in Management Authority indicating a family at 50 CFR 17.41(c), the foreign commerce require a permit source code of ‘‘C’’, ‘‘D’’, or ‘‘F.’’ prohibitions on take will apply and the under 50 CFR 17.32. Exporters of captive birds would need to 4(d) rule will require a permit under the Between 1981 and 2016, persons provide a signed and dated statement Act for any activity that could take a within the United States imported 54 from the breeder of the bird, along with golden conure. Our regulations at 50 golden conures and exported 26; all documentation that identifies the source CFR 17.3 establish that take, when were reported as live captive-bred birds of their breeding stock in order to obtain applied to captive wildlife, does not except two exported birds that a CITES export permit from the U.S. include generally accepted animal originated from an unknown source and Fish and Wildlife Service’s Division of husbandry practices, breeding one imported bird seized upon import Management Authority. Exporters of procedures, or provisions of veterinary (UNEP–WCMC 2018, unpaginated; captive-bred birds must provide a care for confining, tranquilizing, or Service 2018, p. 33). These imports and signed and dated statement from the anesthetizing, when such practices are exports were made for commercial, breeder of the bird confirming its not likely to result in injury to the captive-breeding, zoological, and captive-bred status, and documentation wildlife. personal purposes (UNEP–WCMC 2018, on the source of the breeder’s breeding We assessed the conservation needs of unpaginated; Service 2018, p. 33). We stock. The source codes of C, D, and F the golden conure in light of the broad have no information to indicate that for CITES permits and certificates are as protections provided to the species interstate commerce activities in the follows: under CITES and the WBCA. As noted United States are associated with threats • Source Code C: Animals bred in above in Summary of Factors Affecting to the golden conure or would captivity in accordance with Resolution the Species, some level of poaching for negatively affect any efforts aimed at the Conf. 10.16 (Rev.), as well as parts and illegal trade of golden conures is recovery of wild populations of the derivatives thereof, exported under the occurring within Brazil (Silveira and species. Therefore, because (1) acts in provisions of Article VII, paragraph 5 of Belmonte in press, unpaginated), but interstate commerce within the United the Convention. there is little evidence that this practice States have not been found to threaten • Source Code D: Appendix I animals occurs at the international level the golden conure, (2) the species is bred in captivity for commercial (Laranjeiras 2011a, unpaginated; otherwise protected in the course of

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interstate and foreign commercial seq.) by changing the name as currently List of Subjects in 50 CFR Part 17 activities under the take provisions as listed (i.e., golden parakeet (Aratinga extended through 50 CFR 17.41(c), and guarouba)) to the corrected species Endangered and threatened species, (3) international trade of this species name (i.e., golden conure or golden Exports, Imports, Reporting and appears to be effectively regulated under parakeet (Guaruba guarouba)). recordkeeping requirements, CITES, we find the 4(d) rule contains all Transportation. Required Determinations the prohibitions and authorizations Regulation Promulgation necessary and advisable for the National Environmental Policy Act (42 conservation of the golden conure. U.S.C. 4321 et seq.) Accordingly, we amend part 17, subchapter B of chapter I, title 50 of the Technical Correction We have determined that we do not Code of Federal Regulations, as set forth 50 CFR 17.11(c) and 17.12(b) direct us need to prepare an environmental below: to use the most recently accepted assessment, as defined under the scientific name of any wildlife or plant authority of the National Environmental PART 17—ENDANGERED AND species, respectively, that we have Policy Act of 1969, in connection with THREATENED WILDLIFE AND PLANTS determined to be an endangered or regulations adopted under section 4(a) threatened species. The golden conure of the Endangered Species Act. We ■ 1. The authority citation for part 17 currently appears on the List as the published a notice outlining our reasons continues to read as follows: ‘‘golden parakeet’’ (Aratinga guarouba). for this determination in the Federal Authority: 16 U.S.C. 1361–1407; 1531– Both ‘‘golden conure’’ and ‘‘golden Register on October 25, 1983 (48 FR 1544; and 4201–4245, unless otherwise parakeet’’ are common names associated 49244). noted. with Guaruba guarouba. However, we References Cited ■ 2. Amend § 17.11(h), in the List of find that the best available scientific Endangered and Threatened Wildlife information available supports the A complete list of references cited in under BIRDS, by: designation of the golden conure to its this rulemaking is available on the own genus (Guaruba). Therefore, we are internet at http://www.regulations.gov ■ a. Adding an entry for ‘‘Conure, updating the List to reflect this change under Docket No. FWS–HQ–ES–2015– golden (=golden parakeet)’’ in in the scientific name for golden conure. 0019 or upon request (see FOR FURTHER alphabetical order; and The basis for this taxonomic change is INFORMATION CONTACT). ■ b. Removing the entry for ‘‘Parakeet, supported by published studies in peer- golden’’. Authors reviewed journals (e.g., Uranto´wka and The addition reads as follows: Mackiewicz 2017, entire; Tavares et al. The primary authors of this final rule 2004, pp. 230, 236–237, 239; Sick 1990, are the staff members of the Branch of § 17.11 Endangered and threatened p. 112). Accordingly, we are correcting Delisting and Foreign Species, wildlife. the scientific name of the species under Ecological Services Program, U.S. Fish * * * * * section 4 of the Act (16 U.S.C. 1531 et and Wildlife Service. (h) * * *

Common name Scientific name Where listed Status Listing citations and applicable rules

******* BIRDS

******* Conure, golden, (=golden Guaruba guarouba ...... Wherever found ...... T 41 FR 24062, 6/14/1976; 85 FR [Insert Federal parakeet). Register page where the document begins], 4/23/2020; 50 CFR 17.41(c).4d

*******

■ 3. Amend § 17.41 by revising macao macao and Ara macao declaration forms, which must be dated paragraphs (c) introductory text and cyanoptera)), and golden conure prior to the specified dates. (c)(2)(ii) introductory text and adding (Guaruba guarouba). * * * * * paragraph (c)(2)(ii)(F) to read as follows: * * * * * (F) For golden conures: July 1, 1975 § 17.41 Special rules—birds. (2) * * * (the date CITES entered into force with (ii) Specimens held in captivity prior the ‘‘golden parakeet’’ (i.e., the golden * * * * * to certain dates: You must provide conure) listed in Appendix I of the (c) The following species in the parrot documentation to demonstrate that the Convention). family: Salmon-crested cockatoo specimen was held in captivity prior to * * * * * (Cacatua moluccensis), yellow-billed the applicable date specified in parrot (Amazona collaria), white paragraph (c)(2)(ii)(A), (B), (C), (D), (E), Aurelia Skipwith, cockatoo (Cacatua alba), hyacinth or (F) of this section. Such Director, U.S. Fish and Wildlife Service. macaw (Anodorhynchus hyacinthinus), documentation may include copies of [FR Doc. 2020–07571 Filed 4–22–20; 8:45 am] scarlet macaw (Ara macao macao and receipts, accession or veterinary records, BILLING CODE 4333–15–P scarlet macaw subspecies crosses (Ara CITES documents, or wildlife

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