Vol. 76 Thursday, No. 155 August 11, 2011 Part IV Department of the Interior Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Listing Six Foreign Birds as Endangered Throughout Their Range; Final Rule VerDate Mar<15>2010 16:37 Aug 10, 2011 Jkt 223001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\11AUR3.SGM 11AUR3 emcdonald on DSK2BSOYB1PROD with RULES3 50052 Federal Register / Vol. 76, No. 155 / Thursday, August 11, 2011 / Rules and Regulations DEPARTMENT OF THE INTERIOR measures to help alleviate the loss of the description of the biology and species and their habitats. Before a plant habitat for the species was accurate and Fish and Wildlife Service or animal species can receive the based on all relevant literature. Some protection provided by the Act, it must new information was provided for some 50 CFR Part 17 first be added to the Federal Lists of of the species, as well as technical [FWS–R9–ES–2009–0084; MO 92210– Threatened and Endangered Wildlife clarifications, as described below. 1111F114 B6] and Plants; section 4 of the Act and its Technical corrections suggested by the implementing regulations at 50 CFR part peer reviewers have been incorporated RIN 1018–AW39 424 set forth the procedures for adding into this final rule. In some cases, it has species to these lists. been indicated in the citations by Endangered and Threatened Wildlife ‘‘personal communication’’ (pers. and Plants; Listing Six Foreign Birds Previous Federal Actions comm.), which could indicate either an as Endangered Throughout Their On January 5, 2010, the Service e-mail or telephone conversation; while Range published in the Federal Register a rule in other cases, the research citation is AGENCY: Fish and Wildlife Service, proposing to list these six foreign bird provided. Interior. species as endangered under the Act (75 FR 286). Following publication of the Peer Reviewer Comments ACTION: Final rule. proposed rule, we implemented the (1) Comment: Two peer reviewers SUMMARY: We, the U.S. Fish and Service’s peer review process and provided comments and additional Wildlife Service, determine endangered opened a 60-day comment period to literature regarding the Cantabrian status for the following six foreign solicit scientific and commercial capercaillie’s diet, noting that the diet species found on islands in French information on the species from all for the subspecies is unique compared Polynesia and in Europe, Southeast interested parties. For more detailed to other capercaillie species. Asia, and Africa: Cantabrian capercaillie information on previous Federal Our Response: We reviewed the (Tetrao urogallus cantabricus); actions, please refer to the January 2010 additional literature provided and Marquesan imperial pigeon (Ducula proposed rule. updated the information on the subspecies’ population estimate and galeata); the Eiao Marquesas reed- Summary of Comments and diet, highlighting the use of different warbler (Acrocephalus percernis Recommendations aquilonis), previously referred to as plants throughout the season. (Acrocephalus mendanae aquilonis); We base this finding on a review of (2) Comment: One peer reviewer greater adjutant (Leptoptilos dubius); the best scientific and commercial stated that grouse, including Jerdon’s courser (Rhinoptilus information available, including all capercaillie, do not have ‘‘crests,’’ but bitorquatus); and slender-billed curlew information received during the public supraorbital combs and that the (Numenius tenuirostris), under the comment period. In the January 5, 2010, description of the bird given was not a Endangered Species Act of 1973 (Act), proposed rule, we requested that all good one. Another peer reviewer noted as amended. This final rule implements interested parties submit information that the species description included the Federal protections provided by the that might contribute to development of only the male plumage and did not Act for these species. a final rule. We also contacted describe the female. appropriate scientific experts and Our Response: The ‘‘crests’’ in the DATES: This rule becomes effective organizations and invited them to September 12, 2011. species description given in the comment on the proposed listings. We proposed rule refers to a scarlet crest- ADDRESSES: This final rule is available received comments from 10 individuals; shaped area above the eyes. We have on the Internet at http:// five of which were from peer reviewers. replaced ‘‘crests’’ with ‘‘supraorbital www.regulations.gov and comments and We reviewed all comments we combs.’’ We have also revised the materials received, as well as supporting received from the public and peer species description to include more documentation used in the preparation reviewers for substantive issues and specific details of the species’ traits and of this rule, will be available for public new information regarding the proposed included a description of the female. inspection, by appointment, during listing of these species, and we address (3) Comment: One peer reviewer normal business hours at: U.S. Fish and those comments below. Overall, the provided additional literature on Wildlife Service, 4401 N. Fairfax Drive, commenters and peer reviewers differences in habitat selection within Suite 400, Arlington, VA 22203. supported the proposed listing. Nine the Cantabrian capercaillie subspecies. FOR FURTHER INFORMATION CONTACT: comments included additional Our Response: We have reviewed the Janine Van Norman, Chief, Branch of information for consideration; the provided literature and have revised our Foreign Species, Endangered Species remaining comment simply supported discussion on the Cantabrian Program, U.S. Fish and Wildlife Service, the proposed listing without providing capercaillie habitat to reflect the slight 4401 North Fairfax Drive, Room 420, scientific or commercial data. differences in the preferred habitat of Arlington, VA 22203; telephone 703– hens and cocks during the summer. 358–2171; facsimile 703–358–1735. If Peer Review (4) Comment: One peer reviewer you use a telecommunications device In accordance with our policy stated that there was not enough data for the deaf (TDD), call the Federal published on July 1, 1994 (59 FR available to support information on Information Relay Service (FIRS) at 34270), we solicited expert opinions Cantabrian capercaillie population 800–877–8339. from 21 individuals with scientific subdivision. SUPPLEMENTARY INFORMATION: expertise that included familiarity with Our Response: The peer reviewer is the species, the geographic region in referring to a study, conducted by Pollo Background which the species occurs, and et al. (2005), which we included in our The Endangered Species Act of 1973, conservation biology principles. We discussion of the population decline in as amended (Act) (16 U.S.C. 1531 et received responses from five of the peer Cantabrian capercaillie. The study seq.) is a law that was passed to prevent reviewers from whom we requested counted singing males in leks located extinction of species by providing comments. They generally agreed that across the southern slope of the VerDate Mar<15>2010 16:37 Aug 10, 2011 Jkt 223001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\11AUR3.SGM 11AUR3 emcdonald on DSK2BSOYB1PROD with RULES3 Federal Register / Vol. 76, No. 155 / Thursday, August 11, 2011 / Rules and Regulations 50053 Cantabrian Mountains. The author Our Response: We have reviewed the population estimate. We added considered a set of leks of a side-valley suggested citation and have corrected information under Factor D relating to or a continuous forested habitat, the species description for the Jerdon’s the approved Recovery Plan and the generally separated by intervening courser. Also, we have added protections and measures it provides. ridges, to be a subpopulation. There is information on hunting as a potential (12) Comment: One commenter no information indicating that these threat to this species, but also note that provided two citations and stated that groupings are true subpopulations. there is no quantitative information on the Cantabrian capercaillie habitat Based on this, we removed the language which to analyze this threat. consists of Scots pine (Pinus sylvestris) referring to subpopulations and reported (9) Comment: One peer reviewer and disappearance of pine trees in the the results of the study in total number provided two additional citations for Cantabrian Mountains threatens the of singing males across the southern consideration regarding the slender- Cantabrian capercaillie. The commenter slope. billed curlew. further states that future habitat (5) Comment: One peer reviewer Our Response: We reviewed the alteration due to climate change will stated there were updates on the suggested citations and included likely further threaten and impact the phylogeography of the Cantabrian additional information on nesting species. Capercaillie and its potential habitat and alterations to the nesting Our Response: After review of the two significance for future management, and habitat described by Ushakov in 1924. citations, we do not agree with the commenter’s conclusions. It is our provided additional literature. Public Comments Our Response: We reviewed the opinion that the first citation given by provided literature and incorporated the (10) Comment: One commenter the commenter (Science Daily 2008, results of a genetic study under the suggested we also consider protecting unpaginated) misinterprets the study