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Step 3: Find the Raw Inflation Adjustment inspection by appointment during foreign species from the 1991 petition, or Inflation Adjustment Before Rounding. normal business hours at: U.S. Fish and including the black-breasted puffleg, as Raw Inflation Adjustment = CMP × COLA = × Wildlife Service, Branch of Listing, published in our annual notices of $250 1.10903 = $277 Endangered Species Program, 4401 N. review (ANOR) on May 21, 2004 (69 FR Step 4: Round the Raw Inflation 29354), and April 23, 2007 (72 FR Adjustment Amount. Fairfax Drive, Room 400, Arlington, VA Recall that the increase in the CMP is 22203; telephone 703–358–2171. 20184). rounded, according to the rounding rules. FOR FURTHER INFORMATION CONTACT: On January 23, 2008, the United States District Court ordered the Service Increase = Raw Inflation Adjustment ¥ Janine Van Norman, Chief, Branch of Original CMP = $277 ¥ $250 = $27 Foreign Species, Endangered Species to propose listing rules for five foreign Use the following rounding rule: ‘‘If the Program, U.S. Fish and Wildlife Service, species, actions which had been current unadjusted penalty is greater than 4401 N. Fairfax Drive, Room 420, previously determined to be warranted $100 and less than or equal to $1,000, round Arlington, VA 22203; telephone 703– but precluded: The Andean flamingo the increase to the nearest multiple of $100.’’ 358–2171; facsimile 703–358–1735. If (Phoenicoparrus andinus), black- (Federal Civil Penalties Inflation Adjustment breasted puffleg ( nigrivestis), Act of 1990, p. 4) Multiples of $100 are $0, you use a telecommunications devise for the deaf (TDD), call the Federal Chilean woodstar (Eulidia yarrellii), $100, $200.* * * medium tree finch (Camarhynchus The nearest multiple of $100 is therefore Information Relay Service (FIRS) at 800–877–8339. pauper), and the St. Lucia forest thrush $0. Rounded, the $27 increase = $0. (Cichlherminia lherminieri Step 5: Find the Inflation Adjusted Penalty SUPPLEMENTARY INFORMATION: After Rounding. sanctaeluciae). The court ordered the CMP after rounding = Original CMP + Background Service to issue proposed listing rules for these species by the end of 2008. Rounded Increase = $250 + $0 = $250. On May 6, 1991, we received a Step 6: Apply a 10% Ceiling if Necessary. On July 29, 2008 (73 FR 44062), we The penalty amount did not increase, so petition (1991 petition) from Alison published in the Federal Register a the 10% cap does not apply. Stattersfield, of the International notice announcing our annual petition Step 7: Determine New Penalty. Council for Bird Preservation (ICBP), to findings for foreign species (2008 The new minimum CMP = $250 list 53 foreign under the Act, ANOR). In that notice, we announced With respect to hazardous materials including the black-breasted puffleg that listing was warranted for 30 foreign violations, other than training violations, that (also referred to in this rule as ‘‘puffleg’’) bird species, including the black- occur on or after September 27, 2010, the that is the subject of this final rule. On minimum CMP remains $250. breasted puffleg, which is the subject of December 16, 1991, we made a positive this final rule. [FR Doc. 2010–18321 Filed 7–26–10; 8:45 am] 90–day finding and announced the BILLING CODE 4910–06–P initiation of a status review of the Summary of Comments and species included in the 1991 petition Recommendations (56 FR 65207). On March 28, 1994 (59 In the proposed rule published on DEPARTMENT OF THE INTERIOR FR 14496), we published a 12–month December 8, 2008 (73 FR 74427), we finding on the 1991 petition. In that requested that all interested parties Fish and Wildlife Service document, we announced our finding submit written comments on the that listing the remaining 38 species proposal by February 6, 2009. We 50 CFR Part 17 from the 1991 petition, including the received six comments on the proposed [FWS-R9-IA-2008-0116] black-breasted puffleg, was warranted rule. We received one comment from [90100-1660-1FLA B6] but precluded because of other listing the Center for Biological Diversity activity. supporting the proposed listing, three RIN 1018–AW38 Per the Service’s listing priority comments were from peer reviewers, guidelines (September 21, 1983; 48 FR and two other comments were received Endangered and Threatened Wildlife 43098), we identified the listing priority from the public that contained no and Plants; Determination on Listing numbers (LPNs) (ranging from 1 to 12) substantive information. We did not the Black-Breasted Puffleg as for all outstanding foreign species in our receive any requests for a public Endangered Throughout its Range; 2007 Annual Notice of Review (ANOR) hearing. Final Rule (72 FR 20184), published on April 23, Peer Review AGENCY: Fish and Wildlife Service, 2007. In that notice, the black-breasted Interior. puffleg was designated with a LPN 2 In accordance with our peer review and we determined that listing policy published on July 1, 1994 (59 FR ACTION: Final rule. continued to be warranted but 34270), we solicited expert opinion SUMMARY: We, the U.S. Fish and precluded. It should be noted that from three knowledgeable individuals Wildlife Service, determine endangered ‘‘Table 1 – Candidate Review,’’ in our with scientific expertise that included status under the Endangered Species 2007 ANOR, erroneously noted the familiarity with this species and its Act of 1973 (Act), as amended, for the black-breasted puffleg as having an LPN habitat, biological needs, and threats. black-breasted puffleg (Eriocnemis of 3. However, the correct LPN in 2007 We received responses from all three of nigrivestis), a native to was 2, as discussed in the body of the the peer reviewers. . notice (72 FR 20184, p. 20197). We reviewed all comments received from the peer reviewers for substantive DATES: This rule becomes effective Previous Federal Action issues and new information regarding August 26, 2010. On January 12, 1995 (60 FR 2899), we the proposed listing of this species. The ADDRESSES: This final rule is available reiterated the warranted-but-precluded peer reviewers generally concurred with on the Internet at http:// status of the remaining species from the our methods and conclusions and www.regulations.gov. Comments and 1991 petition, with the publication of provided additional information, materials received, as well as supporting the final rule to list the 30 African birds. clarifications, and suggestions to documentation used in the preparation We made subsequent warranted-but- improve the final listing determination. of this rule, is available for public precluded findings for all outstanding Peer reviewer comments are addressed

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in the following summary and Summary of Changes from Proposed incorporated into the final rule as Rule This species was first taxonomically appropriate. Several changes were made to update described by Bourcier and Mulsant in Peer Reviewer Comments or correct the taxonomy, biology, and 1852 and placed in Trochilidae as Trochilus nigrivestis (BLI 2009, p. 1). (1) Comment: One commenter life history of the species, and current areas where the species has been According to the Convention on indicated that climate change, mining International Trade in Endangered concessions, and competition from an sighted. The taxonomy section has been corrected to indicate the correct Species of Wild Fauna and Flora Ecuadorian hummingbird, the gorgeted (CITES) species database, the black- (Heliangelus strophianus), are taxonomic history for this species. Bourcier & Mulsant (1852) first breasted puffleg is also known by the threats that were not adequately synonym, Trichilus nigrivestis (UNEP- described black-breasted puffleg as addressed in the proposed rule. WCMC 2008b). Both CITES and BirdLife Trochilus nigrivestis rather than Our Response: We agree that these International recognize the species as Eriocnemis nigrivestis, as erroneously issues were not adequately addressed Eriocnemis nigrivestis (BLI 2007, p. 1; indicated in the proposed rule. and therefore, have addressed these UNEP-WCMC. 2008b, p. 1). The Service Additionally, one peer reviewer potential threats in the analysis below. follows the Integrated Taxonomic clarified that the species’ principal Climate change and interspecific Information System (ITIS 2008, p. 1) habitat is not necessarily Polyleps competition are addressed in the Factor which also recognizes the species as forest. During 2007 field work E analysis. Mining impacts are Eriocnemis nigrivestis; therefore, we mentioned in the 2008 Species Action addressed in the Factor A analysis accept the species as Eriocnemis Plan for the black-breasted puffleg (Jahn under Other Anthropogenic Factors. nigrivestis. and Santander 2008), researchers only (2) Comment: One peer reviewer found the species in habitat other than Habitat and Life History indicated that while the science in our Polylepis forest; therefore, we have proposed rule is generally correct, more Black-breasted pufflegs prefer humid updated this information and high-Andean montane forest such as recent research had been conducted and incorporated it into the analyses. The pointed out recent research papers. The elfin forests (generally forests at high species’ current known range has been elevations which contain stunted trees) peer reviewer also provided more recent updated to include recent sightings. information on where the species is and forest borders (Fjeldsa˚ and Krabbe currently found. Based on new information, we also 1990, p. 272; Jahn 2008, p. 29; Ridgely revised the threats analysis under factor and Greenfield 2001a, p. 373; Ridgely Our Response: We addressed this A with respect to the construction of a and Greenfield 2001b, p. 280). This comment in the analysis below by pipeline being constructed from the habitat is described as wet cloud forest: updating information such as the Amazon basin to Esmeraldas that was Grassy ridges surrounded by stunted species’ physical description, habitat thought to be in black-breasted puffleg montane forest with a dense understory specifics, current sightings and habitat. We also updated the Factor E (de Hoyo et al. 1999, p. 639). Altitudinal distribution, and food preferences. We analysis to include synergistic effects of migrants, the species is found between incorporated this new research (e.g., a El Nin˜ o and deforestation. 6,791 and 11,483 feet (ft) (2,070 – 4,570 small number of references pertaining to meters (m)) (del Hoyo et al. 1999, p. 639; life history) where appropriate. Species Information Fjeldsa˚ and Krabbe 1990, p. 272; Lyons (3) Comment: Two peer reviewers Species Description and Santander, 2006, p. 1; Ridgely and indicated that the population estimate Greenfield 2001a, p. 374). During the used in the proposed rule is low; they The black-breasted puffleg is endemic rainy season (November-February) the suggested that the population estimate to Ecuador and is a member of the species is found mainly at higher is more likely between 250 and 999 hummingbird family (Trochilidae). It is altitudes above 10,000 ft (3,100 m). It is individuals. approximately 3.25 inches (in) (8.5 found at lower elevations 9,006-10,000 Our Response: We agree and have centimeters (cm)) long (Fjeldsa˚ and ft (2,745-3,100 m) primarily between addressed this in the Population Krabbe 1990, p. 272; Ridgely and April and September (Fjeldsa˚ and Estimate section and analysis below. Greenfield 2001a, p. 373; Ridgely and Krabbe 1990, p. 272; del Hoyo et al. (4) Comment: Commenters suggested Greenfield 2001b, p. 280). The species is 1999, p. 639). The species’ preferred that the population trends estimate used locally known as ‘‘Calzadito pechinegro’’ habitat is mixed forest and forest edges in the proposed rule is not based on or ‘‘Zamarrito pichinegro’’ (United dominated by Ericacea plants at high current data and that the estimate Nations Monitoring ProgrammeWorld elevations (Guevara, pers. comm., Jahn should be correlated with habitat loss Conservation Monitoring Centre (UNEP- 2008, p. 34, Santander et al. 2004, pp. based on the species’ current known WCMC) 2008b, p. 1). The Black-breasted 8-9). locations. puffleg has distinctive white leg Most pufflegs, including the black- plumage (ergo, the name ‘‘puffleg’’), but breasted puffleg, are considered to be Our Response: We have updated the is distinctive among other species of generalist feeders (pollinators) (Ross and trends estimate based on more recently pufflegs due to a small, shiny blue Allmon 1990, pp. 356-357). The black- available data. Therefore, the final rule ‘‘gorget’’ (coloration below the throat breasted puffleg altitudinal migration incorporates the most current and best area). Males have entirely black coincides with the flowering of certain available information. upperparts, mostly blackish green plants during the rainy season. (5) Comment: Peer reviewers underparts, and dark steel-blue forked Palicourea huigrensis and Macleania suggested that we update the tails. Females have shiny, green upper rupestris (commonly referred to as information on the species’ food base. plumage, turning blue toward the tail, chamburo, chaquilulo, choglo´n, chupa Our Response: We agree and have with golden-green underparts (BirdLife lulu´ n, colca macho, gualico´n, hualico´n updated this information in the Species International (BLI) 2007, p. 1). As with llucho, joyapa, quereme, sagalita, and Information, Habitat and Life History other puffleg , it has a yurac joyapa (New York Botanical section below. straight black bill. Garden 2009)) are commonly distributed

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throughout the species’ habitat. The 2008, pers. comm.). Following more best available information (BLI 2009, p. species has been frequently observed than 13 years without any observation 1). However, its range may be somewhat using Palicourea huigrensis (no of the species, the black-breasted puffleg larger due to recent sightings in other common name (NCN)) as its primary was rediscovered on Volca´n Pichincha protected areas, and also because it may nectar source (Bleiweiss and Olalla in 1993 (Jahn 2008, p. 33; Phillips 1998, also exist in other suitable locations 1983, pp. 657-658; del Hoyo et al. 1999, p. 21). where it has not been sighted (Guevara pp. 530-531; Fjeldsa˚ and Krabbe 1990, 2009 pers. comm., Jahn & Santander Current Range and Distribution p. 272). The species also feeds on flower 2008, pp. 21-23). nectar of other shrubs and vines, Currently, the black-breasted puffleg Population Estimates including: Thibaudia floribunda (NCN), is known to occur in definitely two, but Disterigma sp. (NCN), Rubus sp. (NCN), possibly four, reserves all located north The black-breasted puffleg is believed Tropaeolum sp. (NCN), and Psychotria of Quito, Ecuador. The first area is the to be restricted to two to three uliginosa (NCN) (Bleiweiss and Olalla Yanacocha Reserve on the north side of subpopulations (Hacienda Verdecocha 1983, pp. 657-658; Collar et al. 1992, pp. Volca´n Pichincha, approximately 12 is adjacent to the Yanacocha Reserve so 516-517; del Hoyo et al. 1999, pp. 530- miles (mi) (20 kilometers (km)) north of that is likely one combined population). 531; Phillips 1998, p. 21). The species Quito. The second area where it is Its total population size ranges from 200 has been observed feeding from at least known to occur is in the Cotacachi- to 270 individuals, with a declining 29 different plant species, including 8 Cayapas Ecological Reserve (below trend (BLI 2009, p. 1; Jahn 2008, p. 35). species of Ericaceae (Jahn and Cayapachupa in the Cordillera Recent research suggested that a more Santander 2008, p. 21). Black-breasted (mountain range) de Toisa´n), which is accurate estimate may be 250-999 pufflegs feed low in the shrubbery along 87 mi (140 km) north of Quito (Jahn individuals (Jahn and Santander 2008, forest margins, often while perched 2008, pers. comm.). Currently the p. 19); however, there are no supporting (Fjeldsa˚ and Krabbe 1990, p. 272; Yanacocha Reserve encompasses data for this estimate at this time. One Ridgely and Greenfield 2001b, p. 280). approximately 3,300 acres (ac) (1,300 additional subpopulation may exist on As recently as 1990, researchers were hectares (ha) (WorldLand Trust 2009). A Volcan Atacazo (Jahn and Santander unaware of the puffleg’s breeding habits third area where it may occur is in a 2008, p. 35), although it has not been (Fjeldsa˚ and Krabbe 1990, p. 272), and private reserve, Las Gralarias. This documented. BirdLife International, a there continues to be little information reserve is located in the Pichincha global organization that consults with (BLI 2007, p. 1). Del Hoyo et al. (1999, Province, two hours northwest of Quito, and assimilates information from p. 639) reported that the species breeds where this species was sighted in 2005 species experts, estimated that the from October to March, producing a and 2006 (Lyons and Santander, 2006, species has experienced a population clutch size of two, and that the female pp. 1-2; Schwartz 2006, as cited in Hull decline of between 50 and 79 percent in incubates the eggs. Based on the species’ 2009, p. 1). Las Gralarias is a 400ac the past 10 years, with more than 20 seasonal migration (del Hoyo et al. (162ha) reserve, at an elevation of 5,873 percent of this loss having occurred 1999, p. 639; Fjeldsa˚ and Krabbe 1990, 7,776 ft (1,790 2,370 m), the lowest within the past 5 years. (BLI 2007, p. 4). p. 272), breeding presumably occurs at elevation at which a black breasted This rate of decline is predicted to altitudes above 10,000 ft (3,100 m). puffleg has been seen. Another sighting continue (BLI 2009, p. 1). of this species occurred in 2007 in a Conservation Status Historical Range and Distribution fourth location, at Hacienda Historically, the black-breasted Verdecocha, a private reserve adjacent The black-breasted puffleg is puffleg inhabited the elfin forests along to the Yanacocha Reserve. Hacienda protected by various Federal, local, and the northern ridge-crests of both Volca´n Verdecocha is approximately 2,396 ac international means. It is identified as a Pichincha and Volca´n Atacazo in (970 ha) and likely contains black- critically endangered species under northwest Ecuador (BLI 2007, p. 2; breasted puffleg habitat (Jahn 2008, p. Ecuadorian law (Rodriguez 2002, p. 91). Fjeldsa˚ and Krabbe 1990, p. 272; Krabbe 33; Jahn & Santander 2008, p. 10). It is This species is also classified as et al. 1994, p. 9). Habitat loss has been unclear whether the birds at the ‘‘Critically Endangered’’ in the 2009 the primary cause of black-breasted Yanacocha Reserve and the Hacienda International Union for Conservation of puffleg decline (Philips 1998, p. 21, Verdecocha Reserve are the same Nature (IUCN) Red List. It has an Santander 2004, pp. 10-17) (see Factor population. The species’ current extremely small range, and the A). The number of specimens in existence at one other potential location population is restricted to possibly two museum collections taken in the 19th (Volcan Atacazo, approximately 15 mi or three locations (BLI 2009, p. 1, Jahn century up until 1950 is over 100, (25 km) southwest of Quito) has not and Santander 2008, p. 10). Critically suggesting the species was once more been verified for over 100 years. endangered is IUCN’s most severe common (Collar et al. 1992, p. 516). The The species occurs in temperate elfin category of assessment, species appears to have been extirpated forests, generally at altitudes between which equates to extremely high risk of from Volca´n Atacazo, but this has not 6,791 and 11,483 ft (2,070 – 4,570 m) extinction in the wild. IUCN criteria been verified (World Land Trust 2007, (Fjeldsa˚ and Krabbe 1990, p. 272; Jahn include rate of decline, population size, p. 3). On Volca´n Atacazo, its presence & Santander 2008, p. 10; Ridgely and area of geographic distribution, and has not been confirmed since 1902. Greenfield 2001a, p. 373; Ridgely and degree of population and distribution There was a possible sighting of a Greenfield 2001b, p. 280). Volca´n fragmentation. BirdLife International female at treeline (11,483 ft; 3,500 m) in Pichincha, where the species is known (BLI), which is cited throughout this 1983 but it has never been confirmed to occur, peaks at 15,699 ft (4,785 m) document, is the authority for birds on (BLI 2007, 2; Collar et al. 1992, p. 174; (Phillips 1998, p. 21). The current extent the IUCN Red List. The black-breasted del Hoyo et al. 1999, p. 639). of the species’ range is believed to be puffleg was listed on Appendix II of Confirmation of the species on Volca´n between 27 mi2 (70 km2) and 54 mi2 CITES on October 22, 1998. Atacazo has not been possible because (139 km2) (BLI 2009; Jahn & Santander Additionally, in 2005, the mayor of there is a single landowner and access 2008, p. 8). This considers the suitable Quito, Ecuador, designated the puffleg to the area has not been allowed to habitat in two locations where the as its emblem. Lastly, several private confirm existence of the species (Jahn species is believed to occur based on the reserves provide protection to this

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species. Yanacocha Reserve, managed include human population pressures loss of 21.5 percent of forested habitat by Fundacion Jocotoco, a private such as clearing for agricultural since 1990 (Butler 2006, pp. 1-3; FAO nongovernmental organization in expansion and fires caused by slash- 2003, p. 1). Ecuador, was established around 2001 and-burn agricultural practices (Jahn Other Anthropogenic Factors: Habitat specifically to protect this species. The and Santander 2008, p. 24). destruction and pollution due to oil Yanacocha Reserve is managed for Habitat loss due to deforestation is the development and distribution ecotourism, environmental education, primary cause of black-breasted puffleg (Goodland 2002, pp. 16-17; Hirschfeld and conservation initiatives. declines (BLI 2009, p. 1; Philips 1998, 2007, pp. 178-179) and increased access p. 21). Current threats consist primarily and habitat destruction resulting from Factors Affecting the Species of deforestation due to use by local road development (Hirschfeld 2007, pp. Section 4 of the Act and its people for firewood, charcoal, and 178-179) have been indicated as other implementing regulations (50 CFR 424) agriculture (BLI 2009, p 2). threats to this species’ habitat. In the set forth the procedures for adding Deforestation activities also include proposed rule, we discussed that, in species to the Federal Lists of clearance of forested habitat for 2001, the Ecuadorian government Endangered and Threatened Wildlife commercial use or grazing (Hirschfeld agreed to construct a pipeline to and Plants. A species may be 2007, pp. 178-179). Habitat destruction transport heavy oil from the Amazon determined to be an endangered or and alteration also occur as a result of basin to Esmeraldas on the Pacific Coast threatened species due to one or more intentional fires to convert forested (Goodland 2002, pp. 16-17). The of the five factors described in section areas to pasture or cropland (Goodland environmental impact study (EIS) 4(a)(1) of the Act: (A) The present or 2002, pp. 16-17; Hirschfeld 2007, pp. conducted in 2001 revealed that the threatened destruction, modification, or 178-179; Phillips 1998, pp. 20-21). proposed route went through black- curtailment of its habitat or range; (B) Deforestation rates and patterns: The breasted puffleg habitat (Goodland 2002, overutilization for commercial, conversion of habitat significantly pp. 16-17). However, the EIS was done recreational, scientific, or educational increased between 1996 and 2001 almost 10 years ago. More recent purposes; (C) disease or predation; (D) compared with the period between 1982 satellite mapping shows that much of the inadequacy of existing regulatory and 1996. The ridge-crests within the the area that was previously puffleg mechanisms; or (E) other natural or range of the black-breasted puffleg are habitat is already destroyed, with little manmade factors affecting its continued relatively level. Local settlers have habitat remaining above 9,186 ft (2,800 existence. The five–factor analysis cleared the majority of forested habitat m). The puffleg is found at lower under the Act requires an analysis of within the species’ range for timber elevations 9,006-10,000 ft (2,745-3,100 current and future potential impacts to products (charcoal production) or m) primarily between April and the species. Listing actions may be converted it to potato cultivation and September. However, the species is warranted based on any of the above grazing (BLI 2009, p. 2, Bleiweiss and found mainly at higher altitudes 10,000 threat factors, singly or in combination. Olalla 1983, p. 656; del Hoyo 1999, pp. ft (3,100 m) above the altitude at which We evaluated the best available 530-531). Some ridges are almost the pipeline was constructed. Although scientific and commercial information completely devoid of natural vegetation, this pipeline was constructed, this under the five listing factors to and even if black-breasted pufflegs still occurred in the past and is not a current determine whether it met the definition occur in these areas, their numbers are or future threat. of endangered or threatened. Each of most likely quite low (BLI 2009, p. 2). The pipeline may pass through these factors is discussed below. Within the species’ range, aerial suitable puffleg habitat on the photographs of the northern and northwestern slope of Volca´n Pichincha A. The Present or Threatened western slopes of Volcan Pichincha (Jahn and Santander 2008, p. 17). Destruction, Modification, or between 1982 and 2001 showed a However this pipeline, in terms of its Curtailment of its Habitat or Range continued loss of forested area, while construction, is not a significant threat The black-breasted puffleg occurs on agricultural area increased by 24 percent impacting the black-breasted puffleg volcanic mountain ranges restricted to (Santander 2004, p. 10). because the pipeline construction elfin forests along the northern ridge- The areas outside of Reserves (see already occurred. There is no indication crests within 87 miles (140 km) Refugia) but still within the range of the that any other pipelines will be northwest of Quito, Ecuador (BLI 2007, black-breasted puffleg continue to be constructed in the black-breasted p. 2; Fjeldsa˚ and Krabbe 1990, p. 272; affected by habitat loss and puffleg’s range. There is the potential for Krabbe et al. 1994, p. 9). The species has fragmentation. An analysis of oil spill leaks, but the threat of this is not been confirmed on Volca´n Atacazo deforestation rates and patterns using minimal. Because the species is found since 1902 (BLI 2007, 2; Collar et al. satellite imagery in the western Andean mainly at higher altitudes in reserves 1992, p. 174), although it may have been slopes of and Ecuador was above the altitude of the pipeline, the sighted there in 1983 (Jahn 2008, p. 33). conducted. Researchers found that from puffleg habitat that potential oil spill The species occurs at altitudes between 1973 through 1996, a total of 82,924 ha leaks would likely affect is small. 6,791 and 11,483 ft (2,070 – 4,570 m) (204,909 ac) of tropical forests within Therefore, we find that neither the (Fjeldsa˚ and Krabbe 1990, p. 272; Jahn the area studied were converted to other pipeline, nor habitat destruction and & Santander 2008, p. 10, Ridgely and uses (Vin˜ a et al. 2004, pp. 123-124). pollution due to oil development are Greenfield 2001a, p. 373; Ridgely and This corresponds to a nearly one-third current or future threats to this species. Greenfield 2001b, p. 280, Santander total loss of primary forest habitat or a Mining was suggested to be a threat to 2008, p. 33). Within the current range of nearly 2 percent mean annual rate this species by a peer reviewer; the black-breasted puffleg, within the study area. More recent however, mining has not been found to approximately 93 percent of the habitat reports identified similar forest habitat be a threat to this species (also see has been destroyed, and the current losses in Ecuador. Between the years Factor D). Mining has been controversial extent of the species’ range is 1990 and 2005, Ecuador lost a total of in Ecuador and there has been pressure approximately 54 mi2 (139 km2) ((BLI 7.31 million ac (2.96 million ha) of from foreign mining companies to allow 2009, p. 1; Hirschfeld 2007, pp. 178-179; primary forest, which represents a 16.7 mining for resources such as copper and Jahn & Santander 2008, p. 8). Threats percent deforestation rate and a total diamonds. In March 2009, shortly after

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Ecuador’s new mining law was enacted, as orchids), and tourism were export of CITES-protected plants and the Confederation of Indigenous considered to have a minor impact species (also see Factor D). Trade Nationalities of Ecuador (CONAIE) filed within the Reserve (BLI 2007, p. 12). must be authorized through a system of a lawsuit stating that the country’s new However, the best available information permits and certificates that are mining law is unconstitutional because now indicates that if these practices still provided by the designated CITES it failed to consult with indigenous occur, they (1) occur outside of the Scientific and Management Authorities organizations whose territories will be reserves and (2) they do not occur to the of each CITES Party (CITES 2007). In the affected by a proposed activity (CONAIE degree that they threaten the continued United States, the U.S. Fish and 2009). Although the mining law is being or future existence of the species. Wildlife Service serves as the Scientific disputed, mining may be allowed for and Management Authorities. Summary of Factor A resources in Junı´n and Zamora, CITES provides varying degrees of Ecuador, to the west and southwest of The black-breasted puffleg prefers protection to more than 32,000 species Quito (Ecuador Mining News 2009, humid high-Andean montane forests at of and plants that are traded as Ecometals Ltd 2009). However, mining altitudes between 6,791 and 11,483 ft whole specimens, parts, or products. is not allowed in the two to three (2,070 – 4,570 m) (Jahn 2008, p. 10; Under CITES, a species is listed at one reserves where the black-breasted Ridgely and Greenfield 2001a, p. 373; of three levels of protection (i.e., puffleg is currently believed to exist. Ridgely and Greenfield 2001b, p. 280). regulation of international trade), which CONAIE, is working diligently to ensure The current populations are small and have different permit requirements that mining does not occur (CONAIE limited to a narrow elevational band in (CITES 2007). Appendix II includes 2009, Earthworks 2009). Mining does the volcanic mountains generally to the species requiring regulation of not appear to be a major factor north of Quito, existing in fragmented, international trade in order to ensure impacting the black-breasted puffleg; disjunct, and isolated habitat. Although that trade of the species is compatible therefore, we have determined that the species’ range is partly in at least with the species’ survival. International mining is not a threat to the species. two protected areas, the habitat around trade in specimens of Appendix-II We evaluated roads as a potential the reserves continues to be altered and species is authorized when the threat to the species. The existing destroyed by human activities. Further, permitting authority has determined subpopulations of black-breasted puffleg some of the protected areas are private that the export will not be detrimental appear to be concentrated in protected reserves which are not officially to the survival of the species in the wild areas (see Refugia below), which are not recognized by the Ministry of and that the specimens to be exported currently threatened by roads. Roads Environment (Jahn and Santander 2008, were legally acquired (UNEP-WCMC can destroy habitat, facilitate invasion p. 9), and their long term protection is 2008a, p. 1). by exotic species, expose birds to traffic not guaranteed. Efforts are under way to At times a species may be listed as hazards, and increase human access into restore and protect more suitable habitat endangered under the U.S. Endangered habitat, facilitating further exploitation for the species (Jahn 2008, p. 28). Species Act, and concurrently listed and habitat destruction (Hunter 1996, Outside of its refugia, the areas around under Appendix II of CITES, rather than pp. 158-159). However, in this case, the reserves is somewhat negatively the more restrictive Appendix I, which roads do not appear to be a major factor affected by tourism, local human does not allow commercial trade of wild impacting the black-breasted puffleg; pressures, roads, and invasive species specimens. Although CITES Appendix therefore, we have determined that associated with the reserves. II allows for commercial trade, in order roads are not a threat to the species. Nevertheless, we find that unintended for specimens of this species to be Refugia: Although reserves exist to consequences of refugia are not a threat traded internationally (i.e., exported protect species, reserves can also bring to the species. However, habitat from its country of origin), a with them unintended consequences. destruction, alteration, and conversion determination has to be made that (1) Reserves may have repercussions, such are key factors in the species’ historical The export will not be detrimental to as the potential to initiate additional decline and continue to be factors the survival of the species in the wild road development through species’ negatively affecting the status of the and (2) the specimen was legally habitat, and increase pressures on species outside of the Reserves where acquired. In this case, it is unlikely that species’ habitat from tourism (such as this species is found. Therefore, based a determination could be made that the the increase in pollution, trash, and on the best available information, we export would not be detrimental to the other waste). Reserves may also increase find that the present destruction, survival of the species in the wild. pressure to surrounding habitat by modification, and curtailment of habitat Between the time the puffleg was locals who supplement their income is a significant threat to the black- listed in CITES in 1987 and 2010, there through ecotourism, but who also may breasted puffleg. were 5 CITES-permitted international use the land detrimentally as described shipments containing 17 specimens of under factor A (Stem et al. 2003, pp. B. Overutilization for commercial, the black-breasted puffleg. These 322-347; Pitts 2010, pp. 86, 197). recreational, scientific, or educational shipments occurred between 1996 and Reserves, with their increased tourism, purposes 2002 (UNEP-WCMC 2008c, p. 1). can also cause an increase in invasive In 1987, the black-breasted puffleg According to the World Conservation species (FAO 2010, p. 1). was listed on Appendix II of CITES. Monitoring Centre trade data (UNEP- Several reserves exist with a primary CITES is an international agreement WCMC 2008c, p. 1), all of the CITES intention of protecting this species. In between governments to ensure that the transactions involved the transport of the proposed rule, we found that international trade of CITES-listed plant dead specimens. Nine were traded for Yanacocha Reserve was negatively and animal species does not threaten scientific purposes, six for commercial affected by human population species’ survival in the wild. There are purposes, and two were for personal pressures, including clearing for currently 175 CITES Parties (member use. Trade involving the United States agricultural expansion and fires caused countries or signatories to the included three specimens that were by slash-and-burn agricultural practices Convention). Under this treaty, CITES imported into the United States and (Philips 1998, p. 21). Hunting, Parties (signatories to the Convention) seven that were reexported from the extraction of nontimber resources (such regulate the import, export, and re- United States.

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Even though this species is listed Ecuador has numerous laws and of protected lands (e.g., national parks, under Appendix II of CITES, and regulations pertaining to forests and biological reserves, geo-botanical commercial trade is allowed, we believe forestry management. These include: reserves, bird reserves, wildlife reserves, that international trade controlled via The Forestry Act (comprised of Law No. etc.). As of 2006, the amount of valid CITES permits is not a threat to 74 of 1981 Forest Act and conservation protected land (both forested and non- the species. CITES adequately regulates of natural areas and wildlife (Faolex forested) in Ecuador totaled international trade because the export of 1981, p. 1-54), and Law No. 17 of 2004 approximately 11.5 million ac (4.67 Appendix II species requires the Consolidation of the Forest Act and million ha) (ITTO 2006, p. 228). determination that the export will not conservation of natural areas and However, only 38 percent of these lands be detrimental to the survival of the wildlife (Faolex 2004, pp. 1-29)); a have appropriate conservation measures species in the wild. Therefore, we find Forestry Action Plan (1991-1995); the in place to be considered protected that international trade does not pose a Ecuadorian Strategy for Forest areas according to international threat to the species. Sustainable Development of 2000 standards. The standards define these We are unaware of any other (Estrategia para el Desarrollo Forestal areas as areas that are managed for information currently available that Sostenible); and, Decree 346, which scientific study or wilderness addresses the occurrence of recognizes that natural forests are highly protection, for ecosystem protection and overutilization for commercial, vulnerable (ITTO 2006, p. 225). recreation, for conservation of specific recreation, scientific, or education However, the International Tropical natural features, or for conservation purposes that may be affecting the Timber Organization considered through management intervention black-breasted puffleg. There is no ecosystem management and (IUCN 1994, pp. 17-20). Moreover, only known historic or cultural use of this conservation in Ecuador, including 11 percent have management plans, and species by local populations. As such, effective implementation of mechanisms less than 1 percent (13,000 ha (32,125 we do not consider overutilization to be that would protect the black-breasted ac)) have implemented those a threat to the species. puffleg and its habitat, to be lacking management plans (ITTO 2006, p. 228). The black-breasted puffleg occurs in C. Disease or predation (ITTO 2006, p. 229). The governmental institutions only a few reserves (BLI 2009, p. 2; Jahn We are not aware of any occurrence responsible for oversight appear to be and Santander 2008, p. 33; Santander, et of disease or predation that may be under-resourced, and there is a lack of al. 2004, p. 1; World Land Trust 2007, causing a decline of the black-breasted law enforcement on the ground. Despite p. 1) in the Pichincha mountain range. puffleg. As a result, we do not consider the creation of a national forest plan, Some of the area is being managed for disease or predation to be a threat to the there appears to be a lack of capacity to ecotourism, environmental education, black-breasted puffleg. implement this plan due to insufficient and conservation initiatives, including D. The inadequacy of existing regulatory political support. There appears to be restoration (Fundacion Jocotoco 2006, p. mechanisms unclear or unrealistic forestry standards, 1). However, outside of the Reserves, inconsistencies in application of there are ongoing human population The black-breasted puffleg is regulations, discrepancies between pressures from expanding agriculture, identified as a critically endangered actual harvesting practices and forestry along with slash-and-burn agricultural species under Ecuadorian law and regulations, the lack of management practices (BLI 2009, pp. 1-2) (Factor A). Decree 3,516 of 2003–Unified Text of plans for protected areas, and high Thus, while black-breasted puffleg the Secondary Legislation of the bureaucratic costs. All these habitat is being protected in several Ministry of Environment (Ecolex 2003b, inadequacies have failed to prevent relatively small government and p. 36). Decree 3,516 summarizes the law ongoing habitat destruction, such as privately owned reserves, regulatory governing environmental policy in widespread unauthorized logging (ITTO mechanisms associated with protected Ecuador and provides that the country’s 2006, p. 229), forest clearing for land do not mitigate the impact of biodiversity be protected and used conversion to agriculture or grazing threats to the species’ habitat from primarily in a sustainable manner. (Bleiweiss and Olalla 1983, p. 656; del habitat loss and destruction. Appendix 1 of Decree No. 3,516 lists the Hoyo 1999, pp. 530-531; Hirschfeld The black-breasted puffleg is listed on Ecuadorian fauna and flora that are 2007, pp. 178-179), habitat destruction Appendix II of CITES. CITES, an considered endangered. Species are and alteration as a result of fire caused international treaty among 175 nations, categorized as critically endangered (En by slash-and-burn agriculture (Goodland including Ecuador and the United peligro critico), endangered (En peligro), 2002, pp. 16-17; Hirschfeld 2007, pp. States, entered into force in 1975. In the or vulnerable (Vulnerable) (Ecolex 178-179; Phillips 1998, pp. 20-21); and United States, CITES is implemented 2003b, p. 17). Resolution No. 105 of increased access and habitat destruction through the U.S. Endangered Species January 28, 2000, and Agreement No. resulting from road development Act (ESA). The Secretary of the Interior 143 of January 23, 2003, regulate and (Hirschfeld 2007, pp. 178-179). In has delegated the Department’s prohibit commercial and sport hunting addition, most of Ecuador’s forests are responsibility for CITES to the Director of all wild bird species, except those privately owned or owned by of the U.S. Fish and Wildlife Service specifically identified by the Ministry of communities (ITTO 2006, p. 224). The (USFWS) and established the CITES the Environment or otherwise permitted management and administration of Scientific and Management Authorities (Ecolex 2000, p. 1; Ecolex 2003a, p. 1). Ecuador’s forest resources and forest to implement the treaty. Under this The Ministry of the Environment does harvest practices is insufficient and treaty, member countries work together not permit commercial or sport hunting unable to protect against unauthorized to ensure that international trade in of the black-breasted puffleg because of forest harvesting, degradation, and animal and plant species is not its status as a critically endangered conversion (ITTO 2006, p. 229). Thus, detrimental to the survival of wild species (Ecolex 2003b, p. 17). However, Ecuadorian forestry regulations have not populations by regulating the import, we do not consider hunting (Factor B) mitigated the threat of habitat export, and re-export of CITES-listed to be a current threat to the black- destruction (Factor A). animal and plant species (USFWS 2008, breasted puffleg, so this law does not The Ecuadorian government p. 1). As discussed under Factor B, we reduce any threats to the species. recognizes 31 different legal categories do not consider international trade to be

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a threat impacting the black-breasted over 100 museum specimens suggests Gilpin and Soule´ 1986, p. 25; Holsinger puffleg. Therefore, protection under this that the species was more common and 2000, pp. 64-65; Soule´ 1987, p. 181). Treaty is an adequate regulatory more widespread than the currently The black-breasted puffleg’s restricted mechanism. known populations (BLI 2004, p. 2; range, combined with its small, Collar et al. 1994, p. 121). The black- declining population (BLI 2009, Summary of Factor D breasted puffleg inhabits a narrow unpaginated; del Hoyo et al. 1999, p. Ecuador has adopted numerous laws elevational strip between 6,791 and 639; Fjeldsa˚ and Krabbe 1990, p. 272; and regulatory mechanisms to 11,483 ft (2070 - 4570 m) (BLI 2010, p Krabbe et al. 1994, p. 9), makes the administer and manage its wildlife, 1; Fjeldsa˚ and Krabbe 1990, p. 272; species particularly vulnerable to the such as the black-breasted puffleg and Krabbe et al. 1994, pp. 8-9). Within the threat of adverse natural (e.g., genetic, its habitat. Under Ecuadorian law, the species’ range, aerial photographs of the demographic, or environmental) and black-breasted puffleg is listed as northern and western slopes of Volcan manmade (e.g., deforestation, habitat endangered and ranges partly within Pichincha between 1982 and 2001 alteration, fire) events that destroy two to three protected areas. As showed a continued loss of forested area individuals and their habitat (Harris and discussed under Factor A, habitat while agricultural area increased by 24 Pimm, 2008, p. 164; Holsinger 2000, pp. destruction, degradation, and percent (Santander, et. al. 2004, p. 10). 64-65; Primack 1998, pp. 279-308; fragmentation continue throughout the As indicated above, the current extent of Young and Clarke 2000, pp. 361-366). existing range of the black-breasted the species’ range is believed to be Due to lack of short- and long term puffleg. With respect to CITES, we between 27 mi2 (70 km2) and 54 mi2 viability of its existing population, we found that CITES is an adequate (139 km2). The total population is consider the black-breasted puffleg to be regulatory mechanism with respect to currently estimated to be 200-270 at risk of extinction. international trade or overutilization individuals, and believed to be in Climate Change: The (Factor B), and is not a threat to this decline (BLI 2010, p. 1). Intergovernmental Panel on Climate species. However, on-the-ground Change (IPCC) was established in 1988 enforcement of Ecuador’s laws and Rare species (i.e., species with small by the World Meteorological oversight of the local jurisdictions population sizes or restricted ranges) Organization and the United Nations implementing and regulating activities may be vulnerable to a variety of Environment Program in response to destructive to the species’ habitat are stochastic processes that can affect their growing concerns about climate change insufficient in conserving the black- risk of extinction on various timescales. and, in particular, the effects of global breasted puffleg or its habitat. Therefore, Whether a rare species may meet the warming. Although the extent of we find that the existing regulatory definition of a threatened or an warming likely to occur is not known mechanisms, as implemented, are endangered species under the Act with certainty at this time, the IPCC has inadequate to either eliminate or depends on the potential threats concluded that warming of the climate mitigate the primary threat of habitat involved, the probable timescale of the is unequivocal, and that continued destruction to the black-breasted potential threat, and the characteristics greenhouse gas emissions at or above puffleg. of the species and its habitat. Factors current rates will cause further warming can include the species’ dependence on (Meehl et al. 2007, p. 749). Eleven of the E. Other natural or manmade factors a specific habitat type and its inability 12 years from 1995 through 2006 rank affecting the continued existence of the to move away from a stressor or habitat among the 12 warmest years in the species degradation. Although the Trochilinae instrumental record of global surface Interspecific Competition: One peer hummingbirds tend to be food temperature since 1850 (IPCC 2007). reviewer suggested that another species generalists (Ross and Allmon 1990, pp. Climate-change scenarios estimate that of hummingbird, the gorgeted sunangel 356-357), the black-breasted puffleg is the mean air temperature could increase (Heliangelus strophianus), may be a restricted to a small geographic range. by more than 3 °C (5.4 °F) by 2100 (IPCC potential threat (Jahn 2008, pp. 34, 36- Rare species such as this puffleg that are 2007, p. 46). We recognize that there are 37) to the black-breasted puffleg. This experiencing declining populations and scientific differences of opinion on species occupies a similar ecological threats are particularly vulnerable to many aspects of climate change, niche and may be moving northward risks such as inbreeding depression, loss including the role of natural variability into the black breasted puffleg’s habitat of genetic variation, and accumulation in climate. We rely primarily on due to loss of suitable habitat. The of new mutations. Inbreeding can have synthesis documents (e.g., IPCC 2007) gorgeted sunangel consumes similar individual or population-level that present the consensus view of a plant species and is slightly larger in consequences, either by increasing the very large number of experts on climate size than the black-breasted puffleg. phenotypic expression (the outward change from around the world. We have Only one aggressive interaction between appearance or observable structure, found that these synthesis reports, as the species has been observed; however, function, or behavior of a living well as the scientific papers used in they both aggressively defend their organism) of recessive, deleterious those reports or resulting from those territories (Guevara 2009, pers. comm.). alleles or by reducing the overall fitness reports, represent the best available Loss of the gorgeted sunangel’s habitat of individuals in the population scientific information we can use to may exacerbate the threat posed to the (Charlesworth & Charlesworth 1987, p. inform our decision. puffleg in the form of competition from 231; Shaffer 1981, p. 131). Small, However, climate change models that the gorgeted sunangel moving upward isolated populations of wildlife species are currently available are not yet able in altitude into the black-breasted are also susceptible to demographic to make meaningful predictions of puffleg’s range. problems (Shaffer 1981, p. 131), which climate change for specific, local areas Small, Declining Population Size: The may include reduced reproductive (Parmesan and Matthews 2005, p. 354). black-breasted puffleg population has success of individuals and skewed sex We do not have models to predict how declined primarily as a result of habitat ratios. Once a population is reduced the climate in the range of this bird loss (Bleiweiss and Olalla 1983, pp. 656- below a certain number of individuals, species will change, and we do not 661; BLI 2009, p. 1; Collar et al. 1992, it can tend to rapidly decline towards know how any change that may occur pp. 516-517) (Factor A). A collection of extinction (Franklin 1980, pp. 147-148; would affect these species. However,

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models and research suggest that high elevations, it has been suggested and loss (Brook et al. 2008, p. 1). climate change is an additional stress there may no longer be habitat for this Competition with other species and an for species such as the black breasted species. The higher elevations could increase in invasive plant species, puffleg that are already threatened by potentially be affected by the synergistic which could outcompete the black- other environmental changes to their effects of drought, El Nin˜ o, and forest breasted puffleg’s food sources, are habitats (McCarty 2001, p. 325; Brook et fires as discussed above. Plant nectar other potential stressors. Warmer al 2008, pp. 453-454). Warming has and other food sources upon which the temperatures and greater concentrations been predicted to occur to a greater black-breasted puffleg depends may of atmospheric carbon dioxide will degree in the higher altitudes than in require a particular humidity level that likely cause changes in the plant species the lower altitudes (Bradley 2006, p. 1). is associated with cloud forest composition in this species’ habitat, as Although we do not find that climate conditions. Conditions associated with well as likely shift the black-breasted change, in and of itself, is a threat to the this shift in elevation include possible puffleg altitudinal distribution (Jahn species, a discussion of the synergistic physiological changes and changes in 2008). However, this species is a effects of El Nin˜ o, deforestation, and species assemblages in part due to generalist feeder and has been seen in drought follows. phenology (when plants bloom based on lower elevations in reserves and Regional and localized models are temperature and daylight), all of which protected areas. We believe that the less prevalent and sometimes absent could potentially affect the black above stresses to the species are with respect to climate change. Research breasted puffleg’s fitness (Foden et al buffered by the establishment of has been conducted with respect to the 2008, pp. 1-5). These potential changes reserves and protected areas for this interactions between El Nin˜ o and act in concert with other threats to the species. deforestation and how it affects species such as habitat loss and The black-breasted puffleg is montane cloud forests (Laurance 1998, degradation, magnifying the synergistic currently restricted to possibly three p. 413, Laurance and Williamson 2001, effects on this species. However, several small and declining populations within p. 1529; Still 1999, p. 608). From this reserves exist for the explicit protection a small geographic range. The limited research, we can predict how increases of black breasted puffleg habitat. availability of suitable habitat makes it in temperature due to climate change Because these reserves exist and contain vulnerable to genetic and demographic may subsequently interact with other large swaths of protected forested risks that negatively impact the species’ stressors. In ecosystems such as the one habitat (believed to be at least 6,096 ac/ short- and long-term viability. The where the black breasted puffleg exists, 2,467 ha), the threat of drought and species’ population size has declined mountains are frequently shrouded in forest fires is ameliorated. Therefore, we considerably within the past 10 years trade wind clouds and mist in do not consider the synergistic effects of (50-79 percent), and this rate of decline combination with rainfall. This habitat drought, El Nin˜ o, and forest fires to have is expected to continue. Other threats to type is termed tropical montane cloud a significant impact on the species’ the species include possible forest. Many features of these habitat now or in the foreseeable future. competition and displacement by the ecosystems, such as vegetation Invasive species. An increase in the Gorgeted sunangel, displacement of the morphology, are related to cloud atmospheric concentration of carbon black-breasted puffleg’s food sources by formation. One of the most significant dioxide (CO2) has implications beyond nonnative invasive plant species, and characteristics is horizontal those associated with warming genetic isolation due to habitat precipitation, where frequent cloud temperatures. The change in CO2 may fragmentation and isolation of small cover is the deposition of cloud droplets increase the ability of invasive plant populations. on vegetation (Laurance and Williamson species to outcompete native plant Based on the best available 2001, p. 1529; Still 1999, p. 608). species on which the black-breasted information, we have determined that Fragmented forests, such as the one puffleg feeds. Higher concentrations of the species is particularly vulnerable to where the black breasted puffleg exists, CO2 may be favorable to invasive plant the threat of adverse natural (e.g., are more susceptible to droughts in El species (Smith et al. 2000, pp. 79-82). genetic, demographic) and manmade Nin˜ o years (Laurance and Williamson Emissions of CO2, considered to be the events (introduction of invasive species 2001, p. 1529). With increased most significant anthropogenic and drought and fires caused by habitat deforestation, plant evapotranspiration greenhouse gas, increased due to human loss and destruction) that destroy is reduced, subsequently causing a activities by approximately 80 percent individuals and their habitat. The decrease in rainfall, which could in turn between 1970 and 2004 (IPCC 2007, p. genetic and demographic risks are increase the vulnerability of the forest to 36). CO2 emissions from energy use exacerbated by the manmade factors. fire. Researchers suggest that there may have been projected to increase by 40 to Therefore, we find that other natural or be a deforestation threshold (Laurance 110 percent between 2000 and 2030 manmade factors are threats to the and Williamson 2001, p. 1529). All of (IPCC 2007, p. 44). We therefore expect continued existence of the black- these stressors act synergistically, and continuing production of atmospheric breasted puffleg. warming climate could exacerbate the CO2, at or above current levels, as Conclusion and Determination likelihood of drought and subsequent predicted, to contribute to the spread of forest fire (Foden et al. 2008, pp. 1-4). invasive plant species and have a We have carefully assessed the best The relationship between El Nin˜ o (and detrimental impact on the species’ scientific and commercial information increased El Nin˜ o events), deforestation, habitat. available regarding the past, present, drought, and forest fires all interacting and future threats to the black-breasted synergistically increase the likelihood of Summary of Factor E puffleg. The extreme lack of data for this increased severity in drought and forest Projected climate change and its species makes it difficult to discern a fires (Laurance 1998, p. 413). associated consequences (change in trend in population numbers with Research suggests that birds are species composition, distribution, and statistical confidence. We believe it is moving northward to cooler climates in elevation) has the potential to affect the reasonable to infer that the trend is response to climate change (Sorte and black-breasted puffleg. Warmer downward; the best available scientific Jetz 2008, pp. 865, 866). In part, because temperatures may interact with other and commercial data suggest that over the black breasted puffleg’s habitat is at stressors such as habitat degradation the past two decades, this species has

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likely significantly declined in continue to be factors in the black- breasted puffleg. These prohibitions, abundance. breasted puffleg’s decline. The impacts pursuant to 50 CFR 17.21, make it There are three primary factors of habitat loss are exacerbated by the illegal for any person subject to the impacting the continued existence of inadequacy of existing regulatory jurisdiction of the United States to the black-breasted puffleg: (1) Habitat mechanisms (Factor D) and the species’ ‘‘take’’ (take includes: Harass, harm, destruction, fragmentation, and already small and declining population pursue, hunt, shoot, wound, kill, trap, degradation (factor A); (2) limited, size, making the black-breasted puffleg capture, or to attempt any of these) declining population size and isolation particularly vulnerable to natural and within the United States or upon the of remaining subpopulations (factor E); human factors (e.g., genetic isolation high seas, import or export, deliver, and (3) inadequate regulatory and possible inbreeding, and the receive, carry, transport, or ship in mechanisms (factor D). The black- introduction of invasive species) (Factor interstate or foreign commerce in the breasted puffleg, a small hummingbird E). We consider the threats to the black- course of a commercial activity, or sell with two to three subpopulations, breasted puffleg to be equally present or offer for sale in interstate or foreign occupies a narrow range of distribution, and of the same magnitude throughout commerce, any endangered wildlife preferring temperate elfin forests at the species’ current range. Based on the species. It also is illegal to possess, sell, altitudes of between 6,791 and 11,483 ft best available scientific and commercial deliver, carry, transport, or ship any (2,070 and 4,570 m). The species is an information regarding the past, present, such wildlife that has been taken in altitudinal migrant, spending the and potential future threats faced by the violation of the Act. Certain exceptions breeding season (November-February) in black-breasted puffleg, this species apply to agents of the Service and State the humid elfin forest and the rest of the warrants protection under the Act, and conservation agencies. year at slightly lower elevations based we determine that the black-breasted on available food sources. puffleg is endangered throughout its Permits may be issued to carry out The primary threat to this species, range. otherwise prohibited activities widespread deforestation, has led to involving endangered and threatened habitat loss. Conversion of primary Available Conservation Measures wildlife species under certain forests to human settlement and Conservation measures provided to circumstances. Regulations governing agricultural uses has led to the species listed as endangered or permits are codified at 50 CFR 17.22 for fragmentation of habitat throughout the threatened under the Act include endangered species and 17.32 for range of the black-breasted puffleg and recognition, requirements for Federal threatened species. With regard to isolation of the remaining populations. protection, and prohibitions against endangered wildlife, a permit must be Its habitat, which is already disturbed certain practices. Recognition through issued for the following purposes: For and fragmented, continues to be altered listing results in public awareness, and scientific purposes, to enhance the by anthropogenic factors such as habitat encourages and results in conservation propagation or survival of the species, alteration, introduction of invasive actions by Federal and State and for incidental take in connection species, and habitat destruction and governments, private agencies and with otherwise lawful activities. fragmentation as a result of local groups, and individuals. sustenance use, particularly agriculture. Section 7(a) of the Act, as amended, Required Determinations Although the puffleg is listed as a and as implemented by regulations at 50 National Environmental Policy Act critically endangered species under CFR part 402, requires Federal agencies (NEPA) (42 U.S.C. 4321 et. seq.) Ecuadorian law and part of its range to evaluate their actions within the occurs within a protected area, United States or on the high seas with We have determined that implementation of existing regulatory respect to any species that is proposed Environmental Assessments and mechanisms are inadequate to protect or listed as endangered or threatened, Environmental Impact Statements, as the species (Factor D), as they have been and with respect to its critical habitat, defined under the authority of the ineffective in curbing the primary threat if any is being designated. However, National Environmental Policy Act of to the black-breasted puffleg, which is given that the black-breasted puffleg is 1969, need not be prepared in habitat loss or alteration (Factor A). not native to the United States, no connection with regulations adopted The total population size of the black- critical habitat is being proposed for pursuant to section 4(a) of the Act. A breasted puffleg is estimated to range designation with this rule. notice outlining our reasons for this from 200 to 270 adult individuals, with Section 8(a) of the Act authorizes determination was published in the a declining trend. The black-breasted limited financial assistance for the Federal Register on October 25, 1983 puffleg’s restricted range, combined development and management of (48 FR 49244). with its small population size, makes programs that the Secretary of the the species particularly vulnerable to Interior determines to be necessary or References Cited the threat of adverse natural (e.g., useful for the conservation of genetic, demographic, or environmental) endangered and threatened species in A complete list of all references cited and manmade (e.g., deforestation, foreign countries. Sections 8(b) and 8(c) in this proposed rule is available on the habitat alteration, fire) events that of the Act authorize the Secretary to Internet at http://www.regulations.gov destroy individuals and their habitat. encourage conservation programs for or upon request from the Endangered The population of this species has foreign endangered species and to Species Program, Branch of Listing, U.S. declined between 50 and 79 percent in provide assistance for such programs in Fish and Wildlife Service (see FOR the past 11 years. More than 20 percent the form of personnel and the training FURTHER INFORMATION CONTACT). of this loss occurred within the past 6 of personnel. Author(s) years, including the possible local The Act and its implementing extirpation of the species from Volca´n regulations set forth a series of general The primary authors of this final rule Atacazo. These rates of decline are prohibitions and exceptions that apply are the staff of the Endangered Species expected to continue. Habitat to all endangered and threatened Program, Branch of Foreign Species, destruction, alteration, conversion, and wildlife. As such, these prohibitions U.S. Fish and Wildlife Service (see fragmentation (Factor A) have been and would be applicable to the black- ADDRESSES section).

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List of Subjects in 50 CFR Part 17 Code of Federal Regulations, as set forth ■ 2. Amend § 17.11(h) by adding a new below: entry for ‘‘Puffleg, black-breasted’’ in Endangered and threatened species, alphabetical order under BIRDS, to the Exports, Imports, Reporting and List of Endangered and Threatened recordkeeping requirements, Wildlife, to read as follows: Transportation. PART 17—[AMENDED] ■ 1. The authority citation for part 17 § 17.11 Endangered and threatened wildlife. Regulation Promulgation continues to read as follows: ■ Accordingly, we amend part 17, Authority: 16 U.S.C. 1361-1407; 16 U.S.C. * * * * * subchapter B of chapter I, title 50 of the 1531-1544; 16 U.S.C. 4201-4245; Pub. L. 99- 625, 100 Stat. 3500; unless otherwise noted.

Species Vertebrate population where Historic range endangered Status When listed Critical habitat Special rules Common name Scientific name or threatened

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BIRDS

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Puffleg, black- Eriocnemis Ecuador, Entire E 767 NA NA breasted nigrivestis South Amer- ica

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Dated: June 29, 2010 DATE: This final rule is effective August published promptly in the Federal Jeffrey L. Underwood, 26, 2010. Register. If we find that the petition has Acting Director, U.S. Fish and Wildlife ADDRESSES: The supporting file for this presented substantial information Service. rule is available for public inspection, indicating that the requested action may [FR Doc. 2010–18018 Filed 7–26–10; 8:45 am] by appointment, during normal business be warranted (a positive finding), BILLING CODE 4310–55–S hours, Monday through Friday, in Suite section 4(b)(3)(A) of the Act requires us 400, 4401 N. Fairfax Drive, Arlington, to commence a status review of the Virginia 22203. species if one has not already been DEPARTMENT OF THE INTERIOR FOR FURTHER INFORMATION CONTACT: initiated under our internal candidate Janine Van Norman, Chief, Branch of assessment process. In addition, section Fish and Wildlife Service Foreign Species, Endangered Species 4(b)(3)(B) of the Act requires us to make Program, U.S. Fish and Wildlife Service, a finding within 12 months following 50 CFR Part 17 4401 N. Fairfax Drive, Room 420, receipt of the petition on whether the requested action is warranted, not [Docket No. FWS-R9-IA-2008-0108] Arlington, VA 22203; telephone 703- 358-2171; facsimile 703-358-1735. If you warranted, or warranted but precluded [90100-1660-1FLA B6] use a telecommunications device for the by higher-priority listing actions (this deaf (TDD), call the Federal Information finding is referred to as the ‘‘12–month RIN 1018-AW01 Relay Service (FIRS) at 800-877-8339. finding’’). Section 4(b)(3)(C) of the Act requires that a finding of warranted but SUPPLEMENTARY INFORMATION: Endangered and Threatened Wildlife precluded for petitioned species should and Plants; Final Rule to List the Background be treated as having been resubmitted Medium Tree-Finch (Camarhynchus In this final rule, we determine on the date of the warranted but pauper) as Endangered Throughout Its precluded finding, and is therefore Range endangered status for the medium tree- finch (Camarhynchus pauper) under the subject to a new finding within 1 year AGENCY: Fish and Wildlife Service, Act. and subsequently thereafter until we Interior. take action on a proposal to list or Previous Federal Actions withdraw our original finding. The ACTION: Final rule. Section 4(b)(3)(A) of the Act requires Service publishes an annual notice of SUMMARY: We, the U.S. Fish and us to make a finding (known as a ‘‘90– resubmitted petition findings (annual Wildlife Service (Service), determine day finding’’) on whether a petition to notice) for all foreign species for which endangered status for the medium tree- add, remove, or reclassify a species from listings were previously found to be finch (Camarhynchus pauper) under the the list of endangered or threatened warranted but precluded. Endangered Species Act of 1973, as species has presented substantial On May 6, 1991, we received a amended (Act). This species is native to information indicating that the petition (hereafter referred to as the Floreana Island, one of the Galapagos requested action may be warranted. To 1991 petition) from the International Islands in Ecuador. This rule the maximum extent practicable, the Council for Bird Preservation (ICBP), to implements the protections of the Act finding shall be made within 90 days add 53 species of foreign birds to the list for this species. following receipt of the petition and of Threatened and Endangered Wildlife

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