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 ; Listing Six Foreign 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 and their . Before a for the species was accurate and and Wildlife Service or 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 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 , Southeast interested parties. For more detailed to other capercaillie species. , and : 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 ( 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 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 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 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 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 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 Conservation Status section for this the habitat of these six species. and conclusions of Rubiales et al. species. Our Response: The Service does not (2008). To begin, the Cantabrian (6) Comment: One peer reviewer have the authority to purchase or capercaillie occurs in entirely provided clarification on the IUCN similarly protect habitat in areas under deciduous forests, not pine forests. In assessment process. the jurisdiction of other countries. fact, this habitat difference is part of the Our Response: Our discussion under However, recognition through listing basis for the Cantabrian capercaillie the Conservation Status section of the results in public awareness, and being described as a separate proposed rule suggested that the encourages and results in conservation subspecies. Furthermore, the Rubiales et International Union for Conservation of actions by Federal and State al. (2008) article describes the historical Nature (IUCN) had decided not to list governments, private agencies and biogeography of Scots pine in the the Cantabrian subspecies. All bird groups, and individuals; these actions Cantabrian range and only briefly species are regularly assessed by the may address the conservation of habitat compares the trends in distribution of IUCN; however, subspecies are often needed by foreign-listed species. The Scots pine and the capercaillie species omitted because of capacity limitations, Act also authorizes the provision of as a whole, not just the Cantabrian although IUCN List categories and limited financial assistance for the capercaillie subspecies (Rubiales et al. criteria can be applied to subspecies. development and management of 2008, pp. 6–7). The journal article does We have revised the discussion per the programs that the Secretary of the conclude that today’s Scots pine and peer reviewer’s comment. Interior determines to be necessary or capercaillie populations are now highly (7) Comment: One peer reviewer useful for the conservation of fragmented and their future, given the suggested that the common name Eiao endangered and threatened species in predictions of global climate change, is Polynesian warbler was misleading and foreign countries; these programs may uncertain (Rubiales et al. 2008, p. 1); suggested a more specific English also be aimed at the conservation of however, this conclusion is referring to common name, Eiao Marquesas reed- habitat needed by listed species. the species as a whole. Given that the warbler. This peer reviewer also (11) Comment: One comment other subspecies of capercaillie occur in provided additional citations for the provided a technical correction to the entirely coniferous or mixed-coniferous Eiao Polynesian warbler and Marquesan status of the Cantabrian capercaillie forests, this statement is more imperial pigeon. under Spain’s National Catalog of appropriate to those subspecies and not Our Response: The peer reviewer Endangered Species and provided the to the Cantabrian capercaillie. We did pointed out that species of the amendment changing its status to ‘‘in not find, or receive, any information on Acrocephalus are specifically reed- danger of extinction.’’ This commenter climate change in the region of the warblers and there are several species also provided additional literature Cantabrian capercaillie or information which inhabit the Polynesian region. regarding population estimates for the on the impact on deciduous forests in We have changed our use of Eiao Cantabrian capercaillie and a recent this area. Therefore, we did not add any Polynesian warbler to Eiao Marquesas decree approving a recovery plan for information on the impact of climate reed-warbler to more clearly refer to the this subspecies. change to the Cantabrian capercaillie. reed-warbler that resides on Eiao Island Our Response: Under the (13) Comment: One commenter stated in the Marquesas. We also reviewed the Conservation Status section of the that the slender-billed curlew has been suggested citations and updated the Cantabrian capercaillie, we have revised identified as a species threatened by information on size for the Eiao our text to indicate that this subspecies climate change due to its small and Marquesas reed-warbler and population is listed as ‘‘in danger of extinction’’ declining population size and area of information for the Marquesan imperial based on the 2005 amendment changing occupancy. The commenter also pigeon. its status from ‘‘vulnerable.’’ We also provided an additional citation to (8) Comment: One peer reviewer reviewed the information on population support this statement. provided additional citations regarding estimates along with the additional Our Response: We have reviewed the the description of the Jerdon’s courser. citations provided by two peer suggested literature and have included This peer reviewer also provided reviewers (discussed above under Peer under Factor E additional information information on hunting as a threat to the Reviewer Comments). We have updated on climate change predictions within Jerdon’t courser. the information on the subspecies’ the African-Eurasian Waterbird Flyway

VerDate Mar<15>2010 16:37 Aug 10, 2011 Jkt 223001 PO 00000 Frm 00003 Fmt 4701 Sfmt 4700 E:\FR\FM\11AUR3.SGM 11AUR3 emcdonald on DSK2BSOYB1PROD with RULES3 50054 Federal Register / Vol. 76, No. 155 / Thursday, August 11, 2011 / Rules and Regulations

and potential impacts to slender-billed actions may be warranted based on any capercaillie (T. u. aquitanicus) curlew based on these predictions. of the above threat factors, singly or in (Cantabrian capercaillie are lighter in combination. color and have a smaller ), the Summary of Changes From Proposed Despite the fact that global climate Cantabrian population was described as Rule changes are occurring and affecting belonging to a different subspecies by We fully considered comments from habitat, the climate change models that Castroviejo 1976 (Rodrı´guez-Mun˜ oz et the public and peer reviewers on the are currently available do not yet enable al. 2007, pp. 660, 666). proposed rule to develop this final us to make meaningful predictions of The Cantabrian capercaillie once listing of these six foreign bird species. climate change for specific, local areas existed along the whole of the This final rule incorporates changes to (Parmesan and Matthews 2005, p. 354). Cantabrian Mountain range from our proposed listing based on the We have obtained information on northern Portugal through Galicia, comments that we received that are climate change for the slender-billed Asturias, and Leon, to Santander in discussed above and newly available curlew and potential impacts to this northern Spain (IUCN Redbook 1979, scientific and commercial information. species (See Factor E). However, we do p. 1). Currently its range is restricted to Reviewers generally commented that the not have models to predict how the both the northern slope (Asturias and proposed rule was very thorough and climate in the range of the other Cantabria provinces) and the southern comprehensive. We made some Eurasian and Asian bird species will slope (Leo´n and Palencia provinces) of technical corrections based on new, change, and we do not know how any the Cantabrian Mountains in northwest although limited, information. None of change that may occur would affect Spain. The subspecies inhabits an area the information, however, changed our these species. Nor do we have of 1,700 square kilometers (km2) (656 determination that listing these species information on past and future weather square miles (mi2)), and its range is as endangered is warranted. patterns within the specific range of separated from its nearest neighboring One substantive change we have these species. Therefore, based on the subspecies of capercaillie (T. u. made is in our analysis of the slender- current lack of information, we did not aquitanus) in the Pyrenees mountains billed curlew. In our proposed rule, we evaluate climate change as a threat to by a distance of more than 300 km (186 concluded that Factor A. (Present or five of these species. mi) (Quevedo et al. 2006b, p. 268). threatened destruction, modification, or Below is a species-by-species Unlike other capercaillie subspecies, curtailment of habitat or range) was a description and analysis of the five the Cantabrian capercaillie occurs in threat to the species throughout its factors. The species are considered in entirely deciduous forests consisting of range. However, after further analysis of alphabetical order, beginning with the a rugged montane landscape of mature the information, we find that the loss of Cantabrian capercaillie, followed by the beech (Fagus sylvatica), sessile oak habitat is historic and that other species Eiao Marquesas reed-warbler, greater (Quercus petraea), and birch (Betula that use the same types of habitat have adjutant, Jerdon’s courser, Marquesan pubescens) (Rodrı´guez-Mun˜ oz et al. not experienced the same population Imperial Pigeon, and the slender-billed 2007, pp. 659, 660; Banuelos et al. 2008, decline seen in the slender-billed curlew. pp. 245–246) at elevations ranging from curlew. Furthermore, since it is not 800 to 1,800 m (2,600 to 5,900 ft). The known what habitat the slender-billed I. Cantabrian capercaillie (Tetrao Cantabrian capercaillie also uses other curlew currently uses when in its urogallus cantabricus) microhabitat types (broom (Genista nesting grounds, passage areas, or Species Description spp.), meadow, and heath (Erica spp.)) wintering grounds, we cannot properly selectively throughout the year assess the current or potential future The Cantabrian capercaillie (Tetrao (Quevedo et al. 2006b, p. 271). A recent threat of habitat modification or the urogallus cantabricus) is a subspecies of study has found that some habitat impacts on this species. Therefore, we the western capercaillie (T. urogallus) in partitioning occurs amongst the find that Factor A is not a threat to the the family Tetraonidae. The species in Cantabrian capercaillie. During the species. This change did not alter our general is a large, very dark grouse of 80 summer, hens and cocks are more overall determination that the slender- to 115 centimeters (cm) in length (31 to associated with open areas than the billed curlew is in danger of extinction 45 inches (in)), with the female being forested spring display areas. and should be listed as endangered much smaller than the male. The Specifically, hens with broods are more under the Act. species is characterized by having slate associated with treeline birch forests, gray plumage with fine blackish which are the most suitable areas for the Species Information and Factors vermiculation (wavelike pattern) around species, and are characterized by a rich Affecting the Species the head and . The breast is a glossy understory of such as heath and Section 4 of the Act (16 U.S.C. 1533), greenish-black. The wings are dark bilberry (Vaccinium myrtillus); hens and its implementing regulations at 50 brown with a prominent white carpal without broods prefer a more rugged CFR part 424, set forth the procedures patch and variable amount of white on terrain; and cocks prefer beech or oak for adding species to the Federal Lists the upper- and undertail-coverts forests (Banuelos et al. 2008, p. 249). of Endangered and Threatened Wildlife (feathers) and the underparts. This bird Diet appears to be a driver of habitat and Plants. Under section 4(a)(1) of the has a long, rounded , an ivory white selection (Blanco-Fontao et al. 2009, Act, we may list a species based on any bill, and a scarlet supraorbital comb pp. 1, 6). In summer and autumn, the of the following five factors: (A) The (above the eye). Females are mottled majority of the Cantabrian capercaillie present or threatened destruction, black, gray and buff with a large rusty diet consists of bilberry (mainly berries) modification, or curtailment of its patch on the breast (World Association and fern fronds. In winter, holly habitat or range; (B) overutilization for of Zoos and Aquaria 2009, (Ilex aquifolium), beech buds, bilberry commercial, recreational, scientific, or unpaginated). Based on ecological shoots and fern fronds make up a educational purposes; (C) disease or differences from other capercaillie majority of the diet, whereas only beech ; (D) the inadequacy of subspecies (the Cantabrian capercaillie buds, bilberry shoots and fern fronds existing regulatory mechanisms; and (E) is the only subspecies that inhabits pure dominate the spring diet. Birch, oak, other natural or manmade factors deciduous forests) and morphological rowan (Sorbus aucuparia), heath, and affecting its continued existence. Listing differences from the Pyrenean broom are also consumed, but in much

VerDate Mar<15>2010 16:37 Aug 10, 2011 Jkt 223001 PO 00000 Frm 00004 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 50055

smaller amounts (Blanco-Fontao et al. The species is classified as ‘‘in danger Based on population surveys, forest 2009, p. 4). of extinction’’ in Spain under the fragments containing occupied leks in The current population is likely less National Catalog of Endangered Species 2000 were significantly larger than than 1,000 birds; however, reliable (Ministry of the Environment MAM fragments containing leks in the 1980s estimates are lacking (Storch 2007, Order/2231/2005). The species has not that have since been abandoned p. 49). Population estimates for species been formally considered for listing in (Quevedo et al. 2006b, p. 271). The of grouse are commonly assessed by the Convention on International Trade forest fragments from which the counting males that gather during the in Endangered Species of Wild Fauna Cantabrian capercaillie has disappeared breeding season to sing and display at and Flora (CITES) Appendices (http:// since the 1980s are small in size, and leks (traditional places where males www.cites.org). Recent phylogenetic are the most isolated from other forest assemble during the mating season and studies indicate that the Cantabrian patches. In addition, the Cantabrian engage in competitive displays to attract capercaillie forms a different clade from capercaillie have disappeared from females). In a 1981–1982 survey of the those of other European capercaillie, forest patches located closest to the edge southern slope, Pollo et al. (2005, and factoring in ecological differences, of the range in both the eastern and p. 401) estimated a minimum number of qualifies as an Evolutionarily western subpopulations of the south 274 singing male capercaillie; in Significant Unit (Storch et al. 2006, p. slope of the Cantabrian Mountains, subsequent surveys from 1987–1989, 653; Rodrı´guez-Mun˜ oz et al. 2007, p. suggesting that forest fragmentation is 1998, and 2000–2003, only 219, 94, and 668). Combined with recent population playing an important role in the 81 males were recorded, respectively, trends and changes in distribution, population dynamics of this subspecies indicating a 70 percent reduction. This Rodrı´guez-Mun˜ oz et al. (2007, p. 668) (Quevedo et al. 2006b, p. 271). Research is equivalent to an average decline of 3 suggest the status of this species should conducted on other subspecies of percent per year, or 22 percent over 8 be defined as critical. capercaillie indicate that the size of years (Storch et al. 2006, p. 654). A forest patches is correlated to the study conducted from 2005 to 2007 Summary of Factors Affecting the number of males that gather in leks to found that only 30 percent of all known Cantabrian Capercaillie display, and that below a certain forest leks were occupied in the northern A. Present or Threatened Destruction, patch size, leks are abandoned watershed of the species’ range, Modification, or Curtailment of Habitat (Quevedo et al. 2006b, p. 273). indicating an occupancy decline of 5.4 In highly fragmented landscapes, or Range percent. In the southern watershed, only forest patches are embedded in a matrix 34.5 percent of all known leks in the Numerous limiting factors influence of other habitats, and forest dwellers area remain occupied (Ban˜ uelos and the population dynamics of the like capercaillies frequently encounter Quevedo 2008, p. 5). Cantabrian capercaillie throughout its open areas within their home range. The area occupied by Cantabrian range, including habitat degradation, Quevedo et al. (2006a, p. 197) capercaillie in 1981–1982 covered up to loss, and fragmentation (Storch 2000, p. developed a habitat suitability model for 2 2 approximately 2,070 km (799 mi ) of 83; 2007, p. 96). Forest structure plays the Cantabrian capercaillie that assessed 2 2 the southern slope (972 km (375 mi ) an important role in determining habitat the relationship between forest patch 2 2 in the west and 1,098 km (424 mi ) in suitability and occupancy. Quevedo et size and occupancy. He determined that the east). Between 2000 and 2003, the al. (2006b, p. 274) found that open forest the subspecies still remains in habitat area of occupancy had declined to 693 structure with well-distributed bilberry units that show habitat suitability km2 (268 mi2), specifically 413 km2 (159 indices below the cut-off values of the 2 2 2 shrubs were the preferred habitat type of mi ) in the west and 280 km (108 mi ) Cantabrian capercaillie. Management of two best predictive models (decline and in the east. Thus, over a 22-year period, forest resources for timber production general), which may indicate a high risk there was a 66-percent reduction in the has caused and continues to cause of local extinction. Other researchers areas occupied by this subspecies on the significant changes in forest structure suggested that, should further habitat or southern slope of the Cantabrian such as: Species composition, density connectivity loss occur, the Cantabrian Mountains (Pollo et al. 2005, p. 401). and height of trees, forest patch size, capercaillie population may become so Based on this data, the subpopulation in and understory vegetation (Pollo et al. disaggregated that the few isolated the eastern portion of the range appears 2005, p. 406). subpopulations will be too small to to be declining at a faster rate than the ensure their own long-term persistence subpopulation in the western portion of The historic range occupied by this (Grimm and Storch 2000, p. 224). the range. subspecies (3,500 km2 (1,350 mi2)) has A demographic model based on declined by more than 50 percent Bavarian alpine populations of Conservation Status (Quevedo et al. 2006b, p. 268). The capercaillie suggests a minimum viable Although Storch et al. (2006 p. 653) current range is severely fragmented, population size of the order of 500 birds noted that the Cantabrian capercaillie with low forest habitat cover (22 percent (Grimm and Storch 2000, p. 222). meets the criteria to be listed as of the landscape) and most of the However, genetic data show clear signs ‘‘Endangered’’ on the IUCN Redlist due suitable habitat remaining in small of reduced variability in populations to ‘‘rapid population declines, small patches less than 10 hectares (ha) (25 with numbers of individuals in the population size, and severely acres (ac)) in size (Garcia et al. 2005, p. range of fewer than 1,000 birds, which fragmented range,’’ it is currently not 34). Patches of good-quality habitat are indicates that a demographic minimum classified as such by the IUCN. The scarce and discontinuous, particularly population of 500 birds may be too species (western capercaillie (Tetrao in the central parts of the range small to maintain high genetic urogallus)) has been evaluated and is (Quevedo et al. 2006b, p. 269), and leks variability (Segelbacher et al. 2003, p. listed as Least Concern (Birdlife in the smaller forest patches have been 1779). Genetic consequences of habitat International 2009, unpaginated); abandoned during the last few decades. fragmentation exist for this species in subspecies are generally omitted due to The leks that remain occupied are now the form of increased genetic capacity limitations, although the IUCN located farther from forest edges than differentiation due to increased categories and criteria can be applied to those occupied in the 1980s (Quevedo et isolation of populations (Segelbacher et subspecies (Storch et al. 2006 p. 653). al. 2006b, p. 271). al. 2003, p. 1779). Therefore,

VerDate Mar<15>2010 16:37 Aug 10, 2011 Jkt 223001 PO 00000 Frm 00005 Fmt 4701 Sfmt 4700 E:\FR\FM\11AUR3.SGM 11AUR3 emcdonald on DSK2BSOYB1PROD with RULES3 50056 Federal Register / Vol. 76, No. 155 / Thursday, August 11, 2011 / Rules and Regulations

anthropogenic habitat deterioration and to the decline of the Cantabrian activities following wildlife catastrophic fragmentation not only leads to range capercaillie, researchers collected and events (e.g., animal epidemics, contractions and , but may analyzed fecal samples in 1998 from poisoning, widespread wildfires) to also have significant genetic, and thus, various localities across the range of this allow for recovery; prohibiting certain evolutionary consequences for the subspecies. The prevalence of common activities within critical areas; and surviving populations (Segelbacher et parasites (Eimeria sp. and Capillaria sp.) specific measures to meet the goals of al. 2003, p. 1779). was present in 58 percent and 25 the Recovery Plan. In summary, recent population percent of the samples collected, The European Union (EU) Habitat surveys show this subspecies is respectively. However, both the Directive 92/43/EEC addresses the continuing to decline throughout its intensity and average intensity of these protection of habitat and species listed current range, and subpopulations may parasites were very low compared to as endangered at the European scale be isolated from one another due to other populations of species of birds in (European Union 2008). Several habitat range contractions in the eastern and the Tetraonidae family. Other parasites types valuable to capercaillie have been western portions of its range, leaving the were found infrequently. The included in this Directive, such as in central portion of the subspecies range researchers concluded that it was Appendix I, Section 9, Forests. The EU abandoned (Pollo et al. 2005, p. 401). unlikely that intestinal parasites were Bird Directive (79/407/EEC) lists the Some remaining populations may causing the decline of the Cantabrian capercaillie in Annex I as a ‘‘species already have a high risk of local capercaillie. that shall be subject to special habitat extinction (Quevedo et al. 2006a, p. Based on the information above, we conservation measures in order to 197). Management of forest resources for do not believe that parasite infestations ensure their survival.’’ Under this timber production continues to are a significant factor in the decline of Directive, a network of Special negatively affect forest structure, this subspecies. We are not aware of any Protected Areas (SPAs) comprising thereby affecting the quality, quantity, species-specific information currently suitable habitat for Annex I species is to and distribution of suitable habitat available that indicates that predation be designated. This network of SPAs available for this subspecies. In poses a threat to the species. Therefore, and other protected sites are collectively addition, the structure of the matrix of we are not considering disease or referred to as Natura 2000. Several habitats located between forest patches predation to be contributing threats to countries in Europe, including Spain, is likely affecting the ability of the continued existence of the are in the process of establishing the capercaillies to disperse between Cantabrian capercaillie throughout its network of SPAs. The remaining subpopulations. Therefore, we find that range. Cantabrian capercaillie populations present or threatened destruction, D. Inadequacy of Existing Regulatory occur primarily in recently established modification, or curtailment of the Mechanisms Natural Reserves in Spain that are part habitat or range is a threat to the of the Natura 2000 network (Muniellos continued existence of the Cantabrian This subspecies is currently classified Biosphere Reserve). Management of capercaillie throughout its range. as ‘‘in danger of extinction’’ in Spain under the National Catalog of natural resources by local communities B. Overutilization for Commercial, Endangered Species, which affords it is still allowed in areas designated as an Recreational, Scientific, or Educational special protection (e.g., additional SPA; however, the development of Purposes regulation of activities in the forests of management plans to meet the various Currently hunting of the Cantabrian its range, regulation of trails and roads objectives of the Reserve network is capercaillie is illegal in Spain; however, in the area, elimination of poaching, and required. illegal hunting still occurs (Storch 2000, protection of areas important to young). This subspecies is also afforded p. 83; 2007, p. 96). Because this species Although it is classified as ‘‘in danger of special protection under the Bern congregates in leks, individuals are extinction,’’ as mentioned above (see Convention (Convention on the particularly easy targets, and poaching Factor B), illegal hunting still occurs. Conservation of European Wildlife and of protected grouse is considered In conjunction with this subspecies Natural Habitats; European Treaty common (Storch 2000, p. 15). It is being listed as ‘‘in danger of extinction’’ Series/104; Council of Europe 1979). unknown what the incidence of under the National Catalog of The Cantabrian capercaillie is listed as poaching is or what impact it is having Endangered Species, a recovery plan for ‘‘strictly protected’’ under Appendix II, on this subspecies; however, given the the Cantabrian capercaillie was which requires member states to ensure limited number of birds remaining and approved by the Autonomous the conservation of the listed taxa and the reduced genetic variability already Community of Castilla and Leon. This their habitats. Under this Convention, evident at current population levels, the official document approves the recovery protections of Appendix-II species further loss of breeding adults could plan and adopts measures for the include the prohibition of: The have substantial impact on the protection of the species in the deliberate capture, keeping, and killing subspecies. Therefore, we find that Community of Castilla and Leon (Decree of the species; deliberate damage or overutilization for recreational purposes 4/2009, dated January 15, 2009; Pollo destruction of breeding sites; deliberate is a threat to the continued existence of 2010, pers. comm.). The purpose of the disturbance during the breeding season; the Cantabrian capercaillie throughout Recovery Plan is to foster necessary deliberate taking or destruction of ; its range. actions to allow the species to achieve and the possession or trade of any a more favorable conservation status individual of the species. We were C. Disease or Predation and to ensure its long-term viability and unable to find information on the Diseases and parasites have been stop population decline. The Recovery effectiveness of this designation in proposed as factors associated with the Plan includes requirements that the preventing further loss of Cantabrian decline of populations of other species effects to the Cantabrian capercaillie or capercaillie or its habitat; however, within the same family of birds as the its habitat be considered before a plan poaching of protected grouse is known capercaillie (Tetraonidae) (Obeso et al. or activity can be implemented; to be common, suggesting that this 2000, p. 191). In an attempt to restricting access to critical areas; designation has not been effectively determine if parasites were contributing suspension of resource exploitation implemented.

VerDate Mar<15>2010 16:37 Aug 10, 2011 Jkt 223001 PO 00000 Frm 00006 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 50057

In November 2003, Spain enacted the capercaillie breeding areas throughout a foreseeable future throughout all or a ‘‘Forest Law,’’ which addresses the 20-year period was mainly related to significant portion of its range.’’ preservation and improvement of the low fire recurrence in the surrounding The Cantabrian capercaillie is the forest and rangelands in Spain. This law area and few houses nearby. In addition, most threatened subspecies of requires development of plans for the the species avoids areas that are capercaillie; the current population is management of forest resources, which recurrently burned because the areas likely less than 1,000 individuals and are to include plans for fighting forest lose their ability to regenerate and continues to decline. Management of fires, establishment of danger zones cannot produce the habitat the species forest resources for timber production based on fire risk, formulation of a requires (Suarez-Seoane and Garcia- continues to negatively affect forest defense plan in each established danger Roves 2004, p. 406). We were unable to structure and the quality, quantity, and zone, the mandatory restoration of find information as to how many distribution of suitable habitat and the burned area, and the prohibition of hectares of suitable Cantabrian structure of the matrix between forest changing forest use of a burned area into capercaillie habitat is consumed by fire patches, which may be affecting the other uses for a period of 30 years. In each year. However, since the species ability of capercaillie to disperse. In addition, this law provides economic requires a low recurrence of fire, and addition, hunting of Cantabrian incentives for sustainable forest both disturbance and fire frequency are capercaillie, although illegal, still management by private landowners and likely to increase with human presence, occurs. Congregation at leks makes this local entities. We do not have this could be a potential threat to both species an easy target and particularly information on the effectiveness of this habitat and individual birds where there vulnerable as poaching of protected law with regard to its ability to prevent is a high prevalence of disturbance and grouse is considered common. The level negative impacts to Cantabrian fire frequency. of poaching is unknown, but given the capercaillie habitat. In summary, disturbance from small population size and the already Despite recent advances in protection humans appears to impact the species; evident reduced genetic variability, of this subspecies and its habitat birds are typically found in areas of less further loss of breeding individuals through EU Directives and protection anthropogenic disturbance and further could have a significant impact on the under Spanish law and regulation, from homes. Natural Protected Areas in population. Regulatory mechanisms are populations continue to decline Spain have seen an increase in human in place to protect the subspecies and its ˜ (Banuelos and Quevedo 2008, p. 5; use for recreation and hunting. As habitat, but are inadequate to ameliorate Storch et al. 2006, p. 654; Pollo et al. human population centers expand and current threats. Furthermore, as human 2005, p. 401), habitat continues to be move closer to occupied habitat areas, population centers expand, increased degraded, lost, and fragmented (Storch increased disturbance to important disturbance to important breeding, 2000, p. 83; 2007, p. 96), and illegal breeding, feeding, and sheltering feeding, and sheltering behaviors is poaching still occurs (Storch 2000, p. behaviors of this species is expected to expected, further affecting this 83; 2007, p. 96). We were unable to find occur. Additionally, as human presence subspecies. These threats are affecting information on the effectiveness of any increases, it is likely that both fires and the quality and quantity of suitable of these measures at reducing threats to disturbances will increase. Either or habitat, the ability of the species to the species. Therefore, we find that both of these factors have the potential disperse and expand their current range, existing regulatory mechanisms are to impact both individuals and their and may affect the breeding capability inadequate to ameliorate the current habitat. Therefore, we conclude that of the populations. Without regulatory threats to the Cantabrian capercaillie mechanisms to reduce or ameliorate throughout its range. other natural or manmade factors, in the form of forest fires and disturbance, are these threats, negative impacts to the E. Other Natural or Manmade Factors threats to the continued existence of the subspecies will continue. In considering Affecting the Species’ Continued Cantabrian capercaillie throughout its these ongoing threats in combination Existence range. with the currently small and declining Suarez-Seoane and Roves (2004, pp. Cantabrian capercaillie population, we Status Determination for the determine that the magnitude of these 395, 401) assessed the potential impacts Cantabrian Capercaillie of human disturbances in core threats are such that this subspecies is populations of Cantabrian capercaillie We have carefully assessed the best in danger of extinction throughout all of in Natural Reserves in Spain. They available scientific and commercial its range. Therefore, on the basis of the found that locations selected as leks information regarding the past, present, best available scientific and commercial were located at the core of larger and potential future threats faced by the information, we are listing the patches of forest and were less subject Cantabrian capercaillie. The species is Cantabrian capercaillie as an to human disturbance. They also found currently at risk throughout all of its endangered species throughout all of its that Cantabrian capercaillie disappeared range due to ongoing threats of habitat range. Because we find that the from leks situated in rolling hills at destruction and modification (Factor A), Cantabrian capercaillie is endangered lower altitudes closer to houses, hunting overutilization (Factor B), inadequacy of throughout all of its range, there is no sites, and repeatedly burned areas. existing regulatory mechanisms (Factor reason to consider its status in a Recurring fires have also been D), and other natural or manmade significant portion of its range. implicated as a factor in the decline of factors affecting its continued existence II. Eiao Marquesas Reed-Warbler the subspecies. An average of 85,652 ha in the form of forest fires and (Acrocephalus percernis aquilonis), (211,650 ac) of forested area per year disturbance (Factor E). Previously Referred to as Eiao over a 10-year period (1995–2005) has Section 3 of the Act defines an Polynesian Warbler (Acrocephalus been consumed by fire in Spain (Lloyd ‘‘endangered species’’ as ‘‘any species mendanae aquilonis and 2007a, p. 1). On average, 80 percent of which is in danger of extinction Acrocephalus caffer aquilonis) all fires in Spain are set intentionally by throughout all or a significant portion of humans (Lloyd 2007a, p. 1). Suarez- its range’’ and a ‘‘threatened species’’ as Species Description Seoane and Garcia-Roves (2004, p. 405) ‘‘any species which is likely to become Due to the similarity of all the reed- found that the stability of Cantabrian an endangered species within the warblers of Polynesia, these warblers

VerDate Mar<15>2010 16:37 Aug 10, 2011 Jkt 223001 PO 00000 Frm 00007 Fmt 4701 Sfmt 4700 E:\FR\FM\11AUR3.SGM 11AUR3 emcdonald on DSK2BSOYB1PROD with RULES3 50058 Federal Register / Vol. 76, No. 155 / Thursday, August 11, 2011 / Rules and Regulations

were once considered a single, Reed-warblers of the Polynesian plants from regenerating (WWF 2001, widespread species known as the long- islands utilize various habitats, ranging unpaginated). Currently, only 10–20 billed reed-warbler (Acrocephalus from shrubby vegetation in dry, lowland percent of the island contains suitable caffer). The 1980 petition from Dr. areas to humid forest in wet montane habitat for the Eiao reed-warbler (Raust Warren B. King included the Eiao areas (Cibois et al. 2007, pp. 1151, 2007, pers. comm.). These areas of Polynesian warbler (Acrocephalus caffer 1153). Reed-warblers in general display suitable habitat are likely restricted to aquilonis), a subspecies of reed-warbler. strong territorial behavior (Cibois et al. small refugia inaccessible to the feral The subspecies aquilonis denoted those 2007, p. 1152). Like other reed-warblers, livestock. We are not aware of any warblers found on Eiao Island. The the female Marquesas reed-warblers current efforts or future plans to reduce species was later split into three build the with little help from the the number of feral domestic livestock separate species: those of the Society male; the male incubates and broods on the island. Islands (Acrocephalus caffer), Tuamotu three to four times a day, but never for In summary, the ongoing habitat (A. atyphus), and Marquesas (A. more than 20 minutes at a time (Bruner degradation from overgrazing livestock mendanae) (Cibois et al. 2007, p. 1151). 1974, p. 93). Vines, coconut fiber, and continues to have significant and This subspecies then became known as grasses are the most common nesting ongoing impacts to the natural habitat A. mendanae aquilonis. Recent genetic material (Mosher and Fancy 2002, p. 8). for this subspecies. The current level of research on Marquesas reed-warblers Warbler are found in the tops of grazing on the island prevents recovery found two independent lineages: trees and on vertical branches (Thibault of native vegetation. Without active warblers found in the northern islands et al. 2002, pp. 166, 169). Bruner (1974, management of the feral livestock of the Marquesas Archipelago (Nuku p. 93) found the eggs of A. mendanae population on the island, the population Hiva, Eiao, Hatuta’a, and ) and vary in base color, even within a nest, of Eiao reed-warblers will continue to be those found on the southern islands but are all blotched and speckled with restricted to small portions of the island (, , , and Fatu white, brown, and black and clutch that are inaccessible to the feral Iva). As a result, the Marquesas species sizes range from two to five eggs. livestock. Furthermore, although the was split into two separate species; Incubation lasts 9 days and the young current estimated population is 2,000 those of the four most northern islands leave the nest and follow their parents individuals, the subspecies will not be (A. percernis) and those in the southern after 10 days (Bruner 1974, p. 94). able to expand to the rest of the island islands (A. mendanae). The reed- and recover beyond this current Conservation Status warblers found on Eiao are now population level due to habitat loss. classified as a subspecies of Northern Marquesas reed-warblers (A. Because the Eiao reed-warbler is limited Marquesas reed-warblers (A. percernis mendanae) are classified as ‘‘of least to one small island, the continuing loss aquilonis) (Cibois et al. 2007, pp. 1155, concern’’ by the IUCN (IUCN 2009a, of habitat makes this subspecies 1160), with a suggested common name unpaginated). However, it appears that extremely vulnerable to extinction. of Eiao Marquesas reed-warbler (Cibois the recent split of the Marquesas reed- Therefore, we find that present or 2010, pers. comm.). warblers into the Northern and threatened destruction, modification, or curtailment of the habitat or range are The Eiao Marquesas reed-warbler Southern Marquesas reed-warblers is threats to the continued existence of the (Eiao reed-warbler) is a large, not yet reflected in the IUCN Eiao reed-warbler throughout its range. insectivorous reed-warbler of the family assessment. Northern Marquesas reed- Acrocephalidae. It is characterized by warblers (A. percernis) are protected B. Overutilization for Commercial, brown plumage with bright under Law Number 95–257 in French Recreational, Scientific, or Educational underparts (Cibois et al. 2007, p. 1151). Polynesia. The species has not been Purposes formally considered for listing in the The Eiao reed-warbler is endemic to the We are unaware of any information CITES Appendices (http:// island of Eiao in the French Polynesian currently available that indicates the use www.cites.org). Marquesas Archipelago in the Pacific of this subspecies for any commercial, Ocean. The Marquesas Archipelago is a Summary of Factors Affecting the recreational, scientific, or educational territory of located Species purpose. As a result, we are not approximately 1,600 km (994 mi) considering overutilization for A. Present or Threatened Destruction, northeast of Tahiti. Eiao Island is one of commercial, recreational, scientific, or Modification, or Curtailment of Habitat the northernmost islands in the educational purposes to be a 2 or Range Archipelago and encompasses 40 km contributing factor to the continued (15 mi2). Eiao Island was declared a Nature existence of the Eiao reed-warbler Population densities of the Eiao reed- Reserve in 1971 and is not currently throughout its range. warbler are thought to be high within inhabited by humans. However, the the remaining suitable habitat; one entire island has been heavily impacted C. Disease or Predation singing bird was found nearly every 40– by introduced domestic livestock that Avian diseases are a concern for 50 m (131–164 ft). The total population have become feral (Manu 2009, species with restricted ranges and small is estimated at more than 2,000 birds unpaginated). Feral sheep have been populations, especially if the species is (Raust 2007, pers. comm.). This identified as the main threat to the restricted to an island. Hawaii’s avian population estimate is much larger than forest on the island (Thibault et al. 2002, malaria is a limiting factor for many the 100–200 individuals last reported in p. 167). Sheep and pigs have devastated species of native passerines and is 1987 by Thibault (as reported in FR 72 much of the vegetation and soil on Eiao, dominant on other remote oceanic 20184). It is unknown if the population and native plant species have been islands, including actually increased from 1987 to 2007, or largely replaced by introduced species (Beadell et al. 2006, p. 2935). This strain if the differences in the population (Merlin and Juvik 1992, pp. 604–606). was found in 9 out of 11 Marquesas estimates are a result of using different Sheep have overgrazed the island, reed-warblers collected on in survey methodologies. We have no leaving areas completely denuded of 1987. However, because these birds reliable information on the population vegetation. The exposed soil erodes were thought to be more robust (all trend of this subspecies. from rainfall, further preventing native Marquesas reed-warblers were

VerDate Mar<15>2010 16:37 Aug 10, 2011 Jkt 223001 PO 00000 Frm 00008 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 50059

considered A. mendanae), avian malaria the continued existence of the Eiao not known to be a threat to the survival was not thought to pose a threat to the reed-warbler throughout its range. of this subspecies. species (Beadell et al. 2006, p. 2940). In addition, the entire Eiao Island was D. Inadequacy of Existing Regulatory We have no data on whether Hawaii’s declared an officially protected area in Mechanisms avian malaria is present on Eiao or what 1971. It is classified as Category IV, an effects it may have on the population of The Eiao reed-warbler is a protected area managed for habitat or species. reed-warblers. species in French Polynesia. Northern However, of the nine protected areas in Black rats (Rattus rattus) were Marquesas reed-warblers (A. percernis) French Polynesia, only one (Vaikivi on introduced to Eiao, Nuku Hiva, Ua Pou, are classified as a Category A species Ua Huka) is actively managed (Manu Hiva Oa, Tahuata, and Fatu Iva of the under Law Number 95–257. Article 16 2009, unpaginated). We found no Marquesas Archipelago in the early 20th of this law prohibits the collection and information on the direct effects of this century (Cibois et al. 2007, p. 1159); exportation of species listed under protective status on the Eiao reed- although Thibault et al. (2002, p. 169) Category A. In addition, under Part 23 warbler or its habitat. However, Eiao state that the presence of black rats on of Law 95–257, the introduced myna Island is not actively managed and, as Eiao is only suspected. A connection bird species, which is commonly known discussed under Factor A, the entire between the presence of rats and the to outcompete other bird species, is island has been heavily impacted by decline and extirpation of birds has considered a danger to the local introduced domestic livestock, been well documented (Blanvillain et avifauna and is listed as ‘‘threatening suggesting this regulatory mechanism is al. 2002, p. 146; Thibault et al. 2002, p. biodiversity.’’ Part 23 also prohibits not effective at reducing or ameliorating 162; Meyer and Butaud 2009, pp. 1169– importation of all new specimens of threats to the species. 1170). Specifically, predation on eggs, species listed as ‘‘threatening In summary, regulations exist that nestlings, or adults by rats has been biodiversity,’’ and translocation from protect the subspecies and its habitat. implicated as an important factor in the one island to another is prohibited. As However, as described under Factor A, extinction of Pacific island birds described above, Eiao Island is not habitat destruction continues to threaten (Thibault et al. 2002, p. 162). However, currently inhabited by humans and we this subspecies. Although legal Thibault et al. (2002, pp. 165, 169) did found that overutilization for protections are in place, there are none not find a significant effect of rats on the commercial, recreational, scientific, or effectively protecting the suitable abundance of Polynesian warblers. It is educational purposes is not a threat to habitat on the island from damage from thought that the position of warbler this subspecies. Furthermore, mynas do overgrazing sheep and other livestock as nests on vertical branches close to the not occur on Eiao Island and is not a described in Factor A. Therefore, we tops of trees makes them less accessible threat to the Eiao reed-warbler. find that the existing regulatory to rats (Thibault et al. 2002, p. 169), Although this law may provide mechanisms are inadequate to even though rats are known to be good adequate protection to this subspecies ameliorate the current threats to the climbers. from these threats, it does not protect Eiao reed-warbler throughout its range. The common myna (Acridotheres the Eiao reed-warbler from current E. Other Natural or Manmade Factors tristis), an introduced bird species, may threats such as habitat destruction. Affecting the Species’ Continued contribute to the spread of invasive The French Environmental Code, Existence plant species by consuming their fruit Article L411–1, prohibits the and may also prey on the eggs and destruction or poaching of eggs or nests; Island populations have a higher risk nestlings of native birds species or mutilation, destruction, capture or of extinction than mainland outcompete native bird species for poaching, intentional disturbance, the populations. Ninety percent of bird nesting sites. The myna is thought to practice of taxidermy, transport, species that have been driven to have contributed to the decline of peddling, use, possession, offer for sale, extinction were island species (as cited another reed-warbler endemic to the and the sale or the purchase of non- in Frankham 1997, p. 311). Based on Marquesas (A. caffer mendanae) (Global domesticated species in need of genetics alone, endemic island species Invasive Species Database 2009, conservation, including northern are predicted to have higher extinction unpaginated). Mynas do not currently Marquesas reed-warblers (A. percernis). rates than nonendemic island occur on Eiao Island. Furthermore, It also prohibits the destruction, populations (Frankham 2007, p. 321). Thibault et al. (2002, p. 165) found no alteration, or degradation of habitat for Small, isolated populations may significant effect of mynas on these species. As overutilization for experience decreased demographic Polynesian warblers in Marquesas. If the commercial, recreational, scientific, or viability (population birth and death myna expands its range and colonizes educational purposes is not a threat to rates, immigration and emigration rates, Eiao Island, it is unknown to what this subspecies, this regulation may and sex ratios), increased susceptibility extent predation would affect the Eiao provide adequate protection against this of extinction from stochastic reed-warbler. threat; however, habitat destruction by environmental factors (e.g., weather In summary, although the presence of overgrazing livestock remains a problem events, disease), and an increased threat avian malaria has been documented on on Eiao Island. Therefore this regulation of extinction from genetic isolation and Eiao and the presence of introduced rats does not provide adequate protection subsequent inbreeding depression and is suspected, there is no data indicating against threats currently faced by this genetic drift. that either is affecting the warbler subspecies. Because the population of Eiao reed- population on Eiao. Nest location Hunting and destruction of all species warblers is restricted to only one small appears to be high enough in the trees of birds in French Polynesia were island, it is vulnerable to stochastic to avoid significant predation from the prohibited by a 1967 decree (Villard et events. Furthermore, the warblers are introduced rat. Mynas are not known to al. 2003, p. 193); however, destruction limited to the fraction of the island’s inhabit Eiao Island, and it is not clear of birds which have been listed as area that contains suitable habitat. that they would negatively impact the ‘‘threatening biodiversity’’ is legal. Eradication of feral livestock is needed warbler population if they were to Furthermore, restrictions on possession to allow recovery of native vegetation colonize Eiao. Therefore, we find that of firearms in Marquesas are in place and provide additional suitable habitat disease and predation are not a threat to (Thorsen et al. 2002, p. 10). Hunting is throughout the island. Expansion and

VerDate Mar<15>2010 16:37 Aug 10, 2011 Jkt 223001 PO 00000 Frm 00009 Fmt 4701 Sfmt 4700 E:\FR\FM\11AUR3.SGM 11AUR3 emcdonald on DSK2BSOYB1PROD with RULES3 50060 Federal Register / Vol. 76, No. 155 / Thursday, August 11, 2011 / Rules and Regulations

recovery of native vegetation will permit depression and reduced fitness. These breeding sites are located in the the subspecies to recover beyond the genetic threats will exacerbate other Brahmaputra Valley in the State of current population of 2,000 individuals threats to the species and likely increase (Singha et al. 2003, p.147). and buffer the subspecies against the risk of extinction. There are Recent information indicates that impacts from stochastic events. regulatory mechanisms in place, but are populations of this species continue to In summary, the limited range of the inadequate to protect the Eiao reed- decline in . At two breeding sites Eiao reed-warbler makes this subspecies warbler’s habitat from overgrazing and near the city of Guwahati in the State of extremely vulnerable to stochastic eradication of native species. Without Assam, the most recent survey data events and, therefore, extinction. regulatory mechanisms to reduce or show that the number of breeding birds Additional habitat is needed to expand ameliorate these threats, negative has declined from 247 birds in 2005 to the population and buffer the impacts to this subspecies will 118 birds in 2007 (Hindu 2007, subspecies from the detrimental effects continue. Based on the magnitude of unpaginated). typical of small island populations. overgrazing livestock to the extremely In India, much of the greater Therefore, we find that other natural or restricted range and isolated population adjutant’s native habitat has been lost. manmade factors threaten the continued of the Eiao Marquesas reed-warbler, as The greater adjutant uses habitat in existence of the Eiao reed-warbler described above, we determine that this three national parks in India; however, throughout its range. subspecies is in danger of extinction almost all nesting colonies in India are found outside of the national parks. The Status Determination for the Eiao throughout all of its range. Therefore, on greater adjutant often occurs close to Marquesas Reed-Warbler the basis of the best available scientific and commercial information, we are urban areas; the species feeds in and We have carefully assessed the best listing the Eiao Marquesas reed-warbler around in the breeding season, available scientific and commercial as an endangered subspecies throughout and disperses to scavenge at trash information regarding the past, present, all of its range. Because we find that the dumps, burial grounds, and slaughter and potential future threats faced by the Eiao Polynesian warbler is endangered houses at other times of the year. The Eiao Marquesas reed-warbler. The throughout all of its range, there is no natural diet of the greater adjutant subspecies is currently at risk on Eiao reason to consider its status in a consists primarily of fish, , , Island due to ongoing threats of habitat significant portion of its range. small mammals and birds, crustaceans, destruction and modification (Factor A) and (Singha and Rahmani 2006, and stochastic events associated with III. Greater Adjutant (Leptoptilos p. 266). the subspecies’ restricted range (Factor dubius) This species breeds in colonies during E). Furthermore, we have determined Species Description the dry season (winter) in stands of tall that the existing regulatory mechanisms trees near water sources. In India, the (Factor D) are not adequate to ameliorate The greater adjutant (Leptoptilos greater adjutant prefers to nest in large, the current threats to the subspecies. dubius) is a very large (145 to 150 cm widely branched trees in a tightly Section 3 of the Act defines an long (4.7 to 4.9 ft)) species of in spaced colony with little foliage cover ‘‘endangered species’’ as ‘‘any species the family Ciconiidae. This species is and food sources nearby (Singha et al. which is in danger of extinction characterized by a naked pink head and 2002, p. 214). The breeding sites are also throughout all or a significant portion of a low-hanging neck pouch. Its bill is commonly associated with bamboo its range,’’ and a ‘‘threatened species’’ as very thick and yellow in color. The forests which provide protection from ‘‘any species which is likely to become plumage ruff of the neck is white, and heavy rain during the pre-monsoon an endangered species within the other than a pale leading edge on season (Singha et al. 2002, p. 218). Each foreseeable future throughout all or a each wing, the rest of the greater adult female greater adjutant commonly significant portion of its range.’’ adjutant’s body is dark grey (Birdlife lays two eggs each year (Singha and The estimated 2,000 Eiao reed- International (BLI) 2009a, unpaginated). Rahmani 2006, p. 266). warblers are isolated on one 40 km2 (15 This species of bird once was : Currently there are two mi2) island, of which only 10–20 common across much of Southeast Asia, known breeding populations in percent contains suitable habitat. The occurring in India, , Burma, Cambodia. The larger of these two ongoing habitat degradation from Thailand, Cambodia, Malaysia, populations occurs in the Tonle Sap overgrazing livestock prevents recovery , , Sumatra, Java, and Biosphere Reserve (TSBR) near Tonle of native vegetation. Although the . Large breeding colonies Sap and has recently been current estimated population is 2,000 occurred in Myanmar, with the highest estimated at 77 breeding pairs (Clements individuals, without active management concentration found in Pegu; however, et al. 2007, p. 7). The Tonle Sap of the feral livestock population on the this colony collapsed in the mid-1900s floodplain (and associated rivers) is island, the population of Eiao reed- (Singha and Rahmani 2006, p. 264). considered one of the few remaining warblers will continue to be restricted to The current distribution of this remnants of freshwater swamp forest in small portions of the island and will not species consists of two breeding the region. Approximately 5,490 km2 be able to expand to the rest of the populations, one in India and the other (2,120 mi2) of the freshwater swamp island and recover beyond this current in Cambodia. Recent sighting records of forest ecoregion is protected in population level. Because the Eiao reed- this species from the neighboring Cambodia. Of this, the Tonle Sap Great warbler is limited to one small island, countries of Nepal, Bangladesh, Lake Protected Area (which includes the the continuing loss of habitat makes this Vietnam, and Thailand are presumed to Tonle Sap floodplain) makes up 5,420 subspecies extremely vulnerable to be wandering birds from one of the two km2 (2,092 mi2) (WWF 2007, p. 3). stochastic events and extinction. Island populations in India and Cambodia (BLI A smaller population of greater populations are naturally at a higher 2009a, unpaginated). adjutants was recently discovered in the risk of extinction. Detrimental effects India: The most recent range-wide Kulen Promtep Wildlife Sanctuary in typical of small island populations, population estimate for this species in the Northern Plains of Cambodia. This such as, decreased demographic India (600 to 800 birds) comes from data population has been estimated at 40 viability, environmental factors, and collected in 1995 through 1996 (Singha birds (Clements 2008, pers. comm.; BLI genetic isolation, may lead to inbreeding et al. 2003, p. 146). Approximately 11 2009, unpaginated). Although other

VerDate Mar<15>2010 16:37 Aug 10, 2011 Jkt 223001 PO 00000 Frm 00010 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 50061

breeding sites have not yet been found preferred nesting trees at breeding may seasonal habitat to several species. The in Cambodia, researchers expect that the result in adjutants nesting in suboptimal Tonle Sap Biosphere Reserve is one of greater adjutant may nest along the trees at existing nest sites or relocating Southeast Asia’s most important Mekong River in the eastern provinces to other suboptimal nest sites. The trees wetlands for biodiversity and is of Mondulkiri, Ratanakiri, Stung Treng, and their limbs at suboptimal breeding particularly crucial for birds, reptiles, and Kratie in Cambodia (Clement 2008, sites are smaller in diameter, and the and plant assemblages (Davidson 2005, pers. comm.). structure of the limbs does not always p. 6). In Cambodia, the greater adjutant support the combined weight of the Upstream developments in the breeds in freshwater flooded forest, and nest, adults, and chicks. As chicks grow Mekong have already led to significant disperses to seasonally inundated forest, older, nest limbs often break, sending trapping of sediments and nutrients in tall wet grasslands, mangroves, and the half-grown chicks tumbling from the upstream reservoirs, which could lead intertidal flats to forage. These forests nest. Approximately 15 percent of to increased bed and bank erosion are characterized by deciduous tropical chicks die after falling from their nests, downstream, as well as decreased hardwoods (Dipterocarpaceae family) for a variety of causes, including productivity (Kummu and Varis 2007, and semi-evergreen forest (containing a injuries and abandonment (Singha et al. pp. 289, 291). According to the Asian mix of deciduous and evergreen trees) 2006, p. 315). Some efforts have been Development Bank (ADB 2005, p. 2), 13 interspersed with meadows, ponds, and made to reduce chick mortality, like dams have been built, are being built, or other wetlands (WWF 2006b, p. 1). those employed at two breeding sites are proposed to be built along the near Nagaon from 2001 to 2003 (Singha Mekong River. Proposed hydroelectric Conservation Status et al. 2006, pp. 315–320). Safety nets are dams along the Mekong River in The IUCN classifies the greater placed under the canopy of nest trees to countries upstream from Cambodia have adjutant as critically endangered. In catch falling chicks. Chicks are either the potential to adversely affect the India, the greater adjutant is listed replaced in their nest, if onsite monitors habitat of the greater adjutant by under Schedule I of the Indian Wildlife can determine which nest the chick affecting the hydrology of the basin and Protection Act of 1972. The species is came from, or raised in captivity and reducing the overall foraging habitat and not listed in the Appendices of CITES later released. Juvenile birds were the abundance of prey species during (http://www.cites.org). monitored after their release, and the the breeding season (Clements et al. program is considered a success (Singha 2007, p. 59). In addition, decline in Summary of Factors Affecting the and Rahmani 2006, p. 268; Singha et al. productivity of the habitat, and thereby Greater Adjutant 2006, pp. 315–320). Though some prey species abundance, may increase A. Present or Threatened Destruction, efforts have been undertaken to reduce competition for food, and increased Modification, or Curtailment of Habitat chick mortality due to falls from nests, releases from upstream dams during the or Range loss of chicks based on nesting in dry season could result in permanent suboptimal breeding sites is likely still flooding of these forests that will India: The greater adjutant occurs in occurring at other breeding sites. eventually kill the trees in these areas Kaziranga, Manas, and Diburu- Cambodia: The largest breeding (Clements et al. 2007, p. 59). Under Saikhowa National Parks. However, colonies are located in the Tonle Sap some scenarios, up to half of the core nearly all breeding sites for this species Biosphere Reserve, which consists area (21,342 ha (52,737 ac)) of the Prek are located outside of protected areas primarily of the Tonle Sap Lake and its Toal area in the Tonle Sap Biosphere (Singha et al. 2003, p. 148). The ongoing floodplain. A second breeding Reserve could be affected. loss of habitat through conversion for population occurs in the Kulen Promtep In summary, this species continues to development and agriculture, and the Wildlife Sanctuary in the Northern face significant ongoing threats to its clearing of trees that are suitable for Plains. Poole (2002, p. 35) reported that breeding and foraging habitat in both breeding sites, is a primary threat to the large nesting trees around Cambodia’s India and Cambodia. In India, activities greater adjutant. The recent decline in Tonle Sap floodplain, particularly such as the draining and filling of the population at the breeding colonies crucial to greater adjutants for nesting, wetlands (Hindu 2007, unpaginated), near Guwahai, India, is believed to be are under increasing pressure by felling removal of nest trees, and encroachment caused by removal at the breeding for firewood and building material. on habitat significantly impact this site and filling of wetlands in an area Poole (2002, p. 35) concluded that a lack species (BLI 2001, p. 284). In Cambodia, near the city that had been used by the of nesting trees, both at Tonle Sap and threats include tree removal (Poole greater adjutant as feeding areas (Hindu in the Northern Plains, may be the most 2002, p. 35) and large-scale hydrologic 2007, unpaginated). These activities serious threat in the future to large changes due to existing dams and were undertaken for the purpose of colonies. proposed dam construction (Clements et expanding residential developments in The Mekong River Basin flows al. 2007, p. 59; Kummu and Varis, pp. the city. The species is also seasonally through several countries in Southeast 287–288). The latter threat could dependent on wetlands for forage. These Asia, including Tibet, China, Myanmar, potentially eliminate habitat in sites are impacted in India by drainage, Vietnam, Thailand, Cambodia, and protected areas such as the Tonle Sap encroachment, and overfishing. For Laos, traveling over 4,800 km (2,980 mi) Biosphere Reserve, and it could instance, some sites have reportedly from start to finish. In Cambodia, the additionally reduce productivity of experienced encroachment from rice Mekong River flows into the Tonle Sap these areas, which would further impact cultivation (BLI 2001, p. 284). floodplain. Tonle Sap Lake expands and the species by affecting the foraging base Singha et al. 2002 (pp. 218–219) contracts throughout the year as a result and potentially increasing competition found that preferred nest trees were of rainfall from monsoons and the flow with other species (Clements et al. 2007, significantly larger and different in of the Mekong River. The lake acts as a p. 59). Therefore, we find that the structure to non-nest trees near Nagaon storage reservoir at different times of the present or threatened destruction, in central Assam. The nest trees were year to regulate flooding in the Mekong modification, or curtailment of the large and widely branched with thin Delta (Davidson 2005, p. 3). This habitat or range is a threat to the foliage cover (Singha et al. 2002, p. 214). flooding also results in flooded forests continued existence of the greater Researchers believe that removal of and shrublands, which provides adjutant throughout its range.

VerDate Mar<15>2010 16:37 Aug 10, 2011 Jkt 223001 PO 00000 Frm 00011 Fmt 4701 Sfmt 4700 E:\FR\FM\11AUR3.SGM 11AUR3 emcdonald on DSK2BSOYB1PROD with RULES3 50062 Federal Register / Vol. 76, No. 155 / Thursday, August 11, 2011 / Rules and Regulations

B. Overutilization for Commercial, Incidence of local residents collecting area as the greater adjutant found a Recreational, Scientific, or Educational eggs and chicks for consumption has significant impact on reproduction from Purposes been reduced in some areas due to predation by crows. Presence of crows The main threat to the greater adjutant educational and enforcement programs, was found in conjunction with human is harvesting of eggs, chicks, or young however, these impacts still occur. disturbances, such as illegal collection fledglings (Clements 2008, pers. comm.). Therefore, we find that overutilization of eggs and chicks. Greater adjutant eggs Local communities collect bird eggs and due to commercial and recreational and chicks are known to also be chicks for consumption and for trade in purposes is a threat to the continued subjected to this type of human both India and Cambodia. Due to their existence of the greater adjutant disturbance (See Factor B); therefore rarity, greater adjutants are believed to throughout its range. greater adjutants may also suffer impacts from predation by crows. have a high market value, which C. Disease or Predation increases the likelihood this type of Because the total population of the Highly pathogenic avian influenza greater adjutant is fewer than 1,000 activity will continue. The (HPAI) H5N1 continues to be a serious birds, and reproductive success for this implementation of protection problem for this species. This strain of species at the largest breeding sites in programs has been developed by the avian influenza first appeared in Asia in India is less than one chick per nest per Wildlife Conservation Society. Local 1996, and spread from country to year, the loss of any eggs and chicks in people have been employed as nest country with rapid succession as found populations in India and Cambodia is a protectors at Prek Toal and Kulen by Peterson et al. (2007, p. 1). By 2006, significant threat to the species. Promtep Wildlife Sanctuary (ACCB the virus was detected across most of Therefore, we find that predation is a 2009, unpaginated; Clements 2008, pers. Europe and in several African countries. threat to the continued existence of the comm.). Although the impacts from Influenza A viruses, to which group greater adjutant throughout its range. large-scale collection of bird eggs and strain H5N1 belongs, infects domestic chicks have been reduced through these and humans, but wildfowl and D. Inadequacy of Existing Regulatory programs, collection still remains a shorebirds are considered the primary Mechanisms threat to the species. Furthermore, source of this virus in nature (Olsen et Although there is evidence of unprotected colonies are likely al. 2006, p. 384). Though it is still commercial trade across the Cambodia disturbed every year and may not unclear if the greater adjutant is a border into Laos and Thailand, this successfully breed (Clements 2008, pers. carrier, lack of an avian influenza wild species is currently not listed under comm.). At the largest breeding sites for bird surveillance program in Cambodia CITES. this species in India, reproductive will make it difficult to resolve this India: The greater adjutant is listed success is low, less than one chick per question. under Schedule I of the Indian Wildlife nest per year (Singha and Rahmani Until recently, there was no Protection Act of 1972 (IWPA). 2006, p. 264). Because the total information on predation affecting the Schedule I provides absolute protection, population of the greater adjutant is greater adjutant. However, recent with the greatest penalties for offenses. fewer than 1,000 birds, the loss of any research on other waterbirds suggests This law prohibits hunting, possession, eggs or chicks in populations in India that predation may impact the greater sale, and transport of listed species. The and Cambodia is a significant threat to adjutant in Cambodia. For example, IWPA also provides for the designation the species. nesting surveys for several waterbirds and management of sanctuaries and Accounts of poisoning, netting, were conducted between 2004 and 2007 national parks for the purposes of trapping, and shooting of adult birds at the Prek Toal area in Tonle Sap protecting, propagating, or developing were also reported at various locations Biosphere Reserve. These surveys wildlife or its environment. As stated in both India and Cambodia during the included monitoring of nest sites. above in Factor A, the ongoing loss of 1990s (BLI 2001, pp. 285–286). In India, Human disturbances at nest sites due to habitat through habitat conversion for some birds were shot because of illegal collection of chicks and eggs development and agriculture is a perceived impact on fish stocks; others, resulted in an increase of predation by primary threat to this species. in hunts (BLI 2001, p. 285). In crows (Corvus spp.) on spot-billed Furthermore, greater adjutant eggs and Cambodia, some birds were captured to pelicans in the 2001–2002 breeding chicks are known to be taken for local be sold as food and for use as pets, and season, causing up to 100 percent loss consumption and trade, and adult birds some were also hunted (BLI 2001, p. of reproduction, and again in the 2002– are known to be poisoned, netted, and 286). Birds are also likely inadvertently 2003 breeding season, resulting in up to trapped for various reasons. Therefore, injured or killed as a result of 60 percent loss in reproduction due to this regulatory mechanism is not destructive fishing techniques in a combination of collection and adequate to ameliorate these threats to Cambodia such as electro-fishing and predation. In some locations, the spot- this species. the use of poisons (Clements 2008, pers. billed pelicans abandoned their nests Protected areas in India allow for comm.). In a 1999 article, the Phnom for the remainder of the breeding season regulated levels of human use and Penh Post (as reported in Environmental (Clements et al. 2007, p. 57). It is likely disturbance and are managed to prevent Justice Foundation 2002, p. 25) reported that other waterbirds, such as the greater widespread clearing and complete loss that pesticides are used to kill both fish adjutant, at Prek Toal would be of suitable habitat. Although the greater and wildlife species at Tonle Sap. similarly affected due to illegal adjutant uses habitat in three national In summary, although we are unaware collection of eggs by humans and nest parks in India, almost all nesting of any scientific or educational purpose site disturbance (see Factor B), and the colonies of this species in India are for which the adjutant is used, local subsequent increase in crow presence, found outside of protected areas (Singha communities are known to collect bird thereby increasing the predation of their et al. 2003, p. 148). Some of the species’ eggs, chicks, and adults for chicks and eggs. foraging areas are also located outside of consumption and other purposes (e.g., In summary, we found no information protected areas. Ongoing loss of habitat pet trade and perceived threat to fish indicating that avian diseases are through habitat conversion for stocks) in either or both India or impacting greater adjusts. However, development and agriculture is a Cambodia (BLI 2001, pp. 285–286). research on other waterbirds in the same primary threat to this species; therefore,

VerDate Mar<15>2010 16:37 Aug 10, 2011 Jkt 223001 PO 00000 Frm 00012 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 50063

it appears that regulatory mechanisms (6) Dumping of pollutants; WCS, the Cambodian Government, and outside of protected areas, such as (7) The use of machines or heavy cars local communities at Tonle Sap Lake. national parks, do not provide adequate which may cause smoke ; WCS Cambodia (2009, unpaginated) protection of habitat for the greater (8) Noise pollution; and reports that the illegal wildlife trade in adjutant. (9) Unpermitted research and Cambodia is ‘‘enormous’’ and driven by Cambodia: Areas designated as experiments. demand for and traditional natural areas by the Ministry of In addition, the Law on Environmental medicines in Thailand, Vietnam, and Environment, such as the Tonle Sap Protection and Natural Resource China. Substantial progress has been Biosphere Reserve, are to be managed Management of 1996 sets forth general made in protecting seven species of for the protection of the natural provisions for environmental protection. waterbirds at Prek Toal Core Area in the resources contained within. Portions of Under Article 8 of this law, Cambodia TSBR, increasing populations of some the Biosphere Reserve have also been declares that its natural resources species tenfold by working with the designated as areas of importance under (including wildlife) shall be conserved, primary management agencies and the Convention of Wetlands of developed, and managed and used in a working at the field level to improve International Importance of 1971. rational and sustainable manner. community engagement, law The Mekong River Commission (MRC) Protected Areas have been established enforcement, and long-term research was formed between the governments of within the range of the greater adjutant, and monitoring (WCS Cambodia 2009, Cambodia, Lao PDR, Thailand, and such as the Tonle Sap Lake Biosphere unpaginated). The Forestry Law of 2002 strictly Vietnam in 1995 as part of the Reserve. The Tonle Sap Great Lake prohibits hunting, harming, or harassing Agreement on the Cooperation for the protected area was designated a wildlife (Article 49) (Law on Forestry Sustainable Development of the Mekong multipurpose protected area in 1993 2003). This law further prohibits the River Basin. The signatories agreed to (Matsui et al. 2006, p. 411). Under this possession, trapping, transport, or trade jointly manage their shared water decree, Multiple Use Management Areas in rare and endangered wildlife (Article resources and the economic are those areas which provide for the 49). However, to our knowledge, development of the river (MRC 2007, p. sustainable use of water resources, Cambodia has not yet published a list of 1–2). According to the Asian timber, wildlife, fish, pasture, and endangered or rare species. Thus, this Development Bank, 13 dams have been recreation; the conservation of nature is built, are being built, or are proposed to law is not currently effective at primarily oriented to support these protecting the greater adjutant from be built along the Mekong River (ADB economic activities. In 1997, the Tonle 2005, p. 2). The continued modification threats by hunting. Sap region was nominated as a In 2006, the Cambodian Government of greater adjutant habitat has been Biosphere Reserve under UNESCO’s identified as a primary threat to this created Integrated Farming and (United Nations Educational, Scientific Biodiversity Areas (IFBA), including species (Factor A), and this regional and Cultural Organization) ‘‘Man and regulatory mechanism is not effective at over 161 km (100 mi) of grassland (over the Biosphere Program.’’ The 30,000 ha (74,132 ac)) near Tonle Sap reducing that threat. Cambodian Government developed a Several laws exist in Cambodia to Lake to protect the Bengal florican, an National Environmental Action Plan protect the greater adjutant from two of endangered bird in that region (WWF (NEAP) in 1997, supporting the the primary threats to the species: 2006a, pp. 1–2). The above measures UNESCO site goals. Among the priority Habitat destruction and hunting. have focused attention on the areas of intervention are fisheries and However, they are ineffective at conservation situation at TSBR and have floodplain agriculture at Tonle Sap reducing those threats. In Cambodia, begun to improve the conservation of Lake, biodiversity and protected areas, Declaration No. 359, issued by the the area and its wildlife there, but and environmental education. NEAP Ministry of Agriculture, Forestry and several management challenges remain. was followed by the adoption of the Fisheries in 1994, prohibits the hunting These challenges include Strategy and Action Plan for the of greater adjutant. However, reports of overexploitation of flooded forests and Protection of Tonle Sap (SAPPTS) in severe hunting pressure within the fisheries; negative impacts from February 1998 (Matsui et al. 2006, p. greater adjutant’s habitat exist and invasive species; lack of monitoring and 411), and the issuance of a Royal Decree illegal poaching of wildlife in Cambodia enforcement; low level of public officially creating Tonle Sap Lake continues (Bird et al. 2006, p. 23; Poole awareness of biodiversity values; and Biosphere Reserve (TSBR) on April 10, 2002, pp. 34–35; UNEP–SEF 2005, pp. uncoordinated research, monitoring, 2001. The royal decree was followed by 23, 27). and evaluation of species’ populations The Creation and Designation of a subdecree by the Prime Minister to (Matsui et al. 2006, pp. 409–418; TSBR Protected Areas regulation (November establish a Secretariat, along with its Secretariat 2007, pp. 1–6). 1993) established a national system of roles and functions, for the TSBR with Even though the wildlife laws protected areas. In 1994, through the understanding that its objectives discussed above exist, greater adjutant Declaration No. 1033 on the Protection could not be achieved without habitat within Cambodian protected of Natural Areas, the following activities cooperation and coordination among areas faces several challenges. The legal were banned in all protected areas: relevant stakeholders (TSBR Secretariat framework governing wetlands (1) Construction of saw mills, 2007, p. 1). management is institutionally complex. charcoal ovens, brick kilns, tile kilns, Joint Declaration No. 1563, on the It rests upon legislation vested in limestone ovens, tobacco ovens; Suppression of Wildlife Destruction in government agencies responsible for (2) Hunting or placement of traps for the Kingdom of Cambodia, was issued land use planning (Land Law 2001), tusks, bones, feathers, horns, leather, or by the Ministry of Agriculture, Forestry, resource use (Fishery Law 1987), and blood; and Fisheries in 1996. Although the environmental conservation (3) Deforestation; Japan International Cooperation Agency (Environmental Law 1996, Royal Decree (4) Mining minerals or use of (JICA 1999, p. 19) reported that this on the Designation and Creation of explosives; regulatory measure was ineffectively National Protected Areas System 1993); (5) The use of domestic animals such enforced, some strides have been made however, there is no interministerial as dogs; recently through the combined efforts of coordinating mechanism nationally for

VerDate Mar<15>2010 16:37 Aug 10, 2011 Jkt 223001 PO 00000 Frm 00013 Fmt 4701 Sfmt 4700 E:\FR\FM\11AUR3.SGM 11AUR3 emcdonald on DSK2BSOYB1PROD with RULES3 50064 Federal Register / Vol. 76, No. 155 / Thursday, August 11, 2011 / Rules and Regulations

planning and management pesticides in the 1980s, and 23 percent agriculture, fishing, and control. (Bonheur et al. 2005, p. 9). As a result began using them in the 1990s As human interactions with the adjutant of this institutional complexity and lack (Environmental Justice Foundation (EJF) continue to increase, the chances of of defined jurisdiction, natural resource 2002, p. 13). All of the pesticides used poisoning of the species, both directly use goes largely unregulated (Bonheur et in Cambodia are produced outside of and indirectly, also continue to rise. al. 2005, p. 9). Thus, the protected areas the country, and the labels, which Therefore we find that other natural or system in Cambodia is ineffective in include information on the appropriate manmade factors affecting the removing or reducing the threats of use of these chemicals, are often not continued existence of the species in the habitat modification and hunting faced written in a language understandable to form of pesticide use and ingesting by the greater adjutant. local villagers (EJF 2002, p. 18). A Food other contaminants is a threat to the Existing regulatory mechanisms in and Agriculture Organization of the greater adjutant throughout its range. both India and Cambodia are ineffective United Nations (FAO) study found that Status Determination for the Greater at reducing or removing threats to the only 1 percent of vegetable farmers Adjutant species such as habitat modification and received technical training in pesticide collection of eggs and chicks for use (EJF 2002, p. 17). This problem We have carefully assessed the best consumption. Although progress has often leads to overuse of these highly available scientific and commercial been made recently in the protection of toxic compounds. information regarding the past, present, nests and birds at specific locations, this In Cambodia, organochlorine and potential future threats faced by the has largely been driven by measures insecticides, such as dichloro-diphenyl- greater adjutant. The species is currently from the private sector. We believe that trichloroethane (DDT), and at risk throughout all of its range due to the inadequacy of regulatory organophosphate insecticides such as ongoing threats of habitat destruction mechanisms, especially with regard to methyl-parathion are commonly used. and modification (Factor A); lack of law enforcement and habitat Organochlorine insecticides are known overutilization for commercial, protection, is a significant risk factor for to accumulate in aquatic systems and recreational, scientific, or educational the greater adjutant. Therefore, we find concentrate in the organs of species of purposes in the form of hunting, and that existing regulatory mechanisms are waterbirds such as the greater adjutant. chick collection, and trapping (Factor inadequate to ameliorate the current The effects of persistent organic B); predation (Factor C); inadequacy of threats to the greater adjutant pesticides are variable depending on existing regulatory mechanisms (Factor throughout its range. concentration and species, but can D); and other natural or manmade include direct mortality, feminization of factors affecting its continued existence E. Other Natural or Man-Made Factors embryos, reduced hormones for egg- in the form of toxic compounds and Affecting the Species’ Continued laying, and egg-shell thinning (EJF 2002, other contaminants (Factor E). Existence p. 24). Section 3 of the Act defines an India: Due to a lack of natural foraging In the 1970s and 1980s, agricultural ‘‘endangered species’’ as ‘‘any species areas and availability of native wildlife use of DDT was banned in most which is in danger of extinction carcasses to feed upon, the greater developed countries; however, it is still throughout all or a significant portion of adjutant is known to commonly forage used for agriculture in Cambodia. In its range,’’ and a ‘‘threatened species’’ as in refuge dumps and slaughterhouses recent years, mong bean farmers in Siem ‘‘any species which is likely to become during certain times of the year. Reap province are estimated to have an endangered species within the Researchers believe that along with the applied 10 tons of a pesticide mix of foreseeable future throughout all or a refuse at these sites, these birds are DDT, Thiodan (endosulfan), and significant portion of its range.’’ inadvertently ingesting household methyl-parathion on fields that are In both India and Cambodia, breeding contaminants and plastics that can submerged in the wet season and thus and foraging areas continue to be adversely affect their health and capable of polluting the Tonle Sap basin threatened by draining and filling of reproductive capability (Singha et al. (EJF 2002, p. 25). In addition, methyl- wetlands, removal of nest trees, and 2003, p. 148; BLI 2009a, unpaginated). parathion and endosulfan are used in encroachment on habitat. Within In addition, pesticide has been used in illegal fishing (EJF 2002, p. 14). Methyl- Cambodia, existing dam construction winter to kill fish at a national park in parathion is considered highly toxic to and proposed dam construction have India, and may be a widespread practice birds and may take 2 weeks to degrade and are likely to continue to cause large- throughout the Brahmaputra lowlands in and rivers. The decline in the scale hydrologic changes and (BLI 2001, p. 287). As the remaining number of some bird species from potentially eliminate habitat in natural foraging habitat for this species around the Tonle Sap Lake may be protected areas. The types of changes continues to shrink, the level of foraging partly due to pesticide poisoning (EJF could result in decreased productivity at refuge dumps and slaughterhouses is 2002, p. 25). Further, because higher in these areas and increase competition expected to increase, thereby increasing levels of persistent organochlorines with other species. In addition, local the incidence of greater adjutants have been recorded in freshwater fish communities are known to collect ingesting contaminants at these sites. and mussels than marine fish and greater adjutant eggs, chicks, and adults Also, the use of pesticides in and near mussels, the source of these compounds for consumption, for use as pets, and water sources in the Brahmaputra is likely inland watersheds (EJF 2002, p. because of perceived threats to fish lowlands may result in further 24). Although we could not locate any stocks. The use of pesticides occurs in contamination to the species. specific contaminant reports on the both India and Cambodia for a variety Cambodia: Increasing use of agro- amount of these toxic chemicals found of reasons, including agriculture, chemicals, especially pesticides, is a in greater adjutants based on the above fishing, and insect control. As human major concern in the TSBR and data, it is likely that the persistent use interactions with the adjutant continue throughout Cambodia. A survey of these compounds is contributing to to increase, the chances of poisoning the conducted of Cambodian agricultural the decline of this species. species also continue to rise. Existing practices in 2000 showed that 67 In summary, the use of pesticides regulatory mechanisms are ineffective at percent of farms used pesticides. Of occurs in both India and Cambodia for reducing or removing threats to the these farms, 44 percent began using a variety of reasons, including species. Lack of enforcement and habitat

VerDate Mar<15>2010 16:37 Aug 10, 2011 Jkt 223001 PO 00000 Frm 00014 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 50065

protection is a significant threat to the Efforts by various ornithologists in the et al. 2005, p. 5; Senapathi et al. 2007, species. Furthermore, with a population early 1930s and mid to late 1970s to p. 1). Studies show that this species is estimated at fewer than 1,000 birds, loss record the presence of this species most likely to occur where the density of eggs, chicks, or adults is a significant failed, leading to the belief that the of large bushes (greater than 2 m (6 ft) threat to the survival of this species. species was extinct (Bhushan 1986, p. 2; tall) ranges from 300 to 700 per ha (121– Based on the magnitude of the ongoing Jeganathan et al. 2004b, p. 7). In 1986, 283 large bushes per acre) and the threats to the small population of greater the Jerdon’s courser was rediscovered density of smaller bushes (less than 2 m adjutant and its habitat throughout its near Reddipalli village, Cuddapah (6 ft) tall) is less than 1,000 per ha (404 entire range, as described above, we District, (Bhushan per acre) (Jeganathan et al. 2004a, p. determine that this species is in danger 1986, pp. 8–9; Jeganathan et al. 2004a, 228; Jeganathan et al. 2004b, p. 22; of extinction throughout all of its range. p. 225; Jeganathan et al. 2004b, p. 7; Jeganathan et al. 2005, p. 5; Senapathi Therefore, on the basis of the best Jeganathan et al. 2005, p. 3; Jeganathan et al. 2007, p. 1). The dominant woody available scientific and commercial et al. 2006, p. 227; Senapathi et al. 2007, vegetation includes species of , information, we are listing the greater p. 1). particularly Zizyphus rugosa, Carissa adjutant as an endangered species The area where the species was carandas, and Acacia horrida throughout all of its range. Because we rediscovered was designated as the Sri (Jeganathan et al. 2004a, p. 228; find that the greater adjutant is Lankamaleswara Wildlife Sanctuary Jeganathan et al. 2004b, p. 22). endangered throughout all of its range, (SLWS) (Jeganathan et al. 2004b, p. 7; The amount of suitable habitat that there is no reason to consider its status Jeganathan et al. 2005, p. 3). After its existed for this species in 2000 was in a significant portion of its range. rediscovery, it was only observed estimated to be approximately 3,847 regularly at a few sites in and around km2 (1,485 mi2) of scrub habitat in the IV. Jerdon’s Courser (Rhinoptilus the SLWS (Jeganathan et al. 2004b, p. 7, Cuddapah and districts of the bitorquatus) 18; Jeganathan et al. 2005, p. 5; State of Andhra Pradesh (Senapathi et Species Description Jeganathan et al. 2006, p. 227; Senapathi al. 2007, p. 6). Jeganathan (2008, pers. et al. 2007, p. 1), including reports of its comm.) further stated that the amount of The Jerdon’s courser, also known as presence in Sri Penusula Narasimha suitable habitat available in and around the double-banded courser (Rhinoptilus Wildlife Sanctuary (SPNWS) in the the SLWS is approximately 132 km2 (51 bitorquatus), is a small, nocturnal bird, Cuddapah and Nellore districts, Andhra mi2). A comprehensive habitat which is specialized for running and Pradesh (Jeganathan et al. 2005, p. 3). It assessment of all the shrub habitat areas belongs to the family Glareolidae has since been found at three additional within the historic range of this species (Bhushan 1986, pp. 1, 6; Jeganathan et localities in and around SLWL has not yet been completed; therefore, al. 2004a, p. 225; Jeganathan et al. (Jeganathan et al. 2004a, p. 228; suitable habitat may occur elsewhere for 2004b, p. 7). It was first described by T. Jeganathan et al. 2004b, p. 20; BLI this species. C. Jerdon in 1848 (Bhushan 1986, p. 1; 2009b, unpaginated). Little information is known about Jeganathan et al. 2004b, p. 1). This Due to the nocturnal nature of the feeding habits or feeding areas of this species averages 27 cm (11 in) in length, species and the wooded nature of its species. The only information known its plumage consists of a brown breast habitat, individuals are rarely seen; comes from the analysis of two Jerdon’s with two narrow white bands (bordered therefore, very little information is courser fecal samples, which consisted with black) below an -chestnut available on the distribution, ecology, mainly of termites and ants. Jeganathan gorget (throat patch), a blackish colored population size, and habitat (2004a, p. 234) suggested that despite crown with a white coronal stripe, a requirements of the Jerdon’s courser being nocturnal and affected by the broad buff-colored supercilium (Jeganathan et al. 2004a, p. 225; shadowing effects of the canopy, (eyebrow stripe) over a dark cheek- Jeganathan et al. 2004b, p. 7; Jeganathan coursers may be able to see invertebrate patch, white lores (space between the et al. 2005, p. 3; Jeganathan et al. 2006, prey on the ground by selecting eye and bill), and a short yellow bill p. 227; Senapathi et al. 2007, p. 1). New relatively well-illuminated open areas. with a black tip (Rasmussen and survey techniques have allowed There is no information on the life Anderton 2005, p. 183; BLI 2009b, researchers to detect the presence and history of the Jerdon’s courser; no nests unpaginated). Males and females are not absence of Jerdon’s courser using track or young birds have ever been found, known to differ, and juvenile plumage strips and a tape playback of the although the footprints of a young bird is unknown (Rasmussen and Anderton species’ call. These methods can be along with an adult Jerdon’s courser 2005, p. 184). useful in mapping the geographic range suggests successful breeding is taking The Jerdon’s courser is a rare species of the Jerdon’s courser and in estimating place (Jeganathan et al. 2004b, pp. 17, of bird that is endemic to the Eastern the population size, and have 29). The calling period is brief, starting Ghats of the states of Andhra Pradesh contributed to a better understanding of approximately 45 to 50 minutes after and extreme southern Madhya Pradesh habitat preferences. Surveys have not sunset and continuing for a few minutes in India (BLI 2009b, unpaginated). The been conducted in all areas with to approximately 20 minutes. size of the population is not known. suitable habitat characteristics; Historically, this species was reported additional surveys are needed to Conservation Status in the Khamman, Nellore, and confirm the current range and Due to the single, small, and declining Anantapur districts of Andhra Pradesh population size of this species. population of the Jerdon’s courser, it is and the Gadchiroli District of Although the size of the population is classified as ‘‘critically endangered’’ by Maharashtra (Jeganathan et al. 2005, p. not known, it is believed to be a small, the IUCN (Jeganathan et al. 2004b, p. 7; 5). Until 1900, its presence was declining population (Jeganathan 2004b, Senapathi et al. 2007, p. 1; Jeganathan periodically recorded, including some p. 7; BLI 2009b, unpaginated; IUCN et al. 2008, p. 73; IUCN 2009c, records in the Pennar and Godavari 2009c, unpaginated). unpaginated), a category assigned to river valleys and near Anantapur The Jerdon’s courser inhabits open species facing an extremely high risk of (Bhushan 1986, p. 2; Jeganathan et al. patches within scrub-forest interspersed extinction in the wild. It is also listed 2004a, p. 225; Jeganathan et al. 2004b, with patches of bare ground, in gently under Schedule I of the Indian Wildlife p. 7; Jeganathan et al. 2006, p. 227). undulating, rocky foothills (Jeganathan Protection Act of 1972. The species has

VerDate Mar<15>2010 16:37 Aug 10, 2011 Jkt 223001 PO 00000 Frm 00015 Fmt 4701 Sfmt 4700 E:\FR\FM\11AUR3.SGM 11AUR3 emcdonald on DSK2BSOYB1PROD with RULES3 50066 Federal Register / Vol. 76, No. 155 / Thursday, August 11, 2011 / Rules and Regulations

not been formally considered for listing (Senapathi et al. 2007, p. 6). From 2001 Although they are invited by farmers to in the Appendices of CITES (http:// to 2004, an estimated 480 ha (1,186 ac) help fertilize the lemon farms, they stay www.cites.org). of scrub habitat were cleared within and 3 to 4 months and graze in the forested In 2010, a recovery plan was around the SLWS, 275 ha (680 ac) of areas in and around the sanctuaries. The published for the Jerdon’s courser. The which were cleared to provide land for third includes sheep that graze inside goals of this plan are to ‘‘secure the agriculture to the people who were the sanctuaries throughout the year; long-term future of the Jerdon’s courser displaced by floods and for farming of however, this type of grazing did not and the scrub forest it is found in’’ and lemons and forestry plantations. These occur in scrub habitat. Furthermore, a improve the conservation status of the cleared areas fall within 1 km (0.6 mi) common practice is to cut and bend the Jerdon’s courser within the next 10 of previously known and newly branches of scrub and tree species to years (2010–11 to 2020–21) (Anon 2010, discovered Jerdon’s courser areas facilitate better access for grazing p. 13). The Recovery Plan lays out (Jeganathan et al. 2008, p. 76). From (Jeganathan et al. 2008, p. 78). In objectives with specific actions to reach 2000 to 2005, Jeganathan et al. (2008, p. addition, the people of the local villages those objectives and includes a time 77) noted that approximately 215 ha also use the sanctuaries for timber and scale and parties responsible for each (531 ac) of scrub habitat outside of the nontimber forest products; including action. Objectives include protection of SLWS were cleared and most likely will fuel wood, illegal wood collecting, existing habitat, locating suitable habitat become lemon farms. The irrigation grass, and bamboo. From 2001 to 2003, and determining if the species occurs in required to sustain agricultural activities Jeganathan et al. (2008, pp. 77–78) those areas, research and monitoring to will likely further fragment any regularly observed wood loads being support conservation efforts and track remaining suitable habitat (Senapathi et removed by either head loads, bullock populations and habitat changes, and al. 2007, p. 7). cart, or tractor. raising awareness of the conservation The Jerdon’s courser inhabits open Development activities within the issues (Anon 2010, p. 16). patches within scrub-forest and prefers SLWS, including the construction of areas with moderate densities of trees check dams and percolation ponds and Summary of Factors Affecting the and bushes (Jeganathan et al. 2004a, p. digging of trenches, have been observed Jerdon’s Courser 234). Researchers believe this open in known and newly recorded areas of A. Present or Threatened Destruction, habitat is maintained by grazing animals the Jerdon’s courser (Jeganathan et al. Modification, or Curtailment of Habitat and some woodcutting (Norris 2008, 2004a, pp. 26, 28; Jeganathan et al. or Range pers. comm.). Known Jerdon’s courser 2008, p. 76). Approximately 0.5 to 1 ha sites are already being used for grazing (1–2 ac) of scrub forest was cleared for The primary threat to the persistence livestock and woodcutting, but at each of five percolation ponds dug near of the Jerdon’s courser is habitat moderate levels that maintain the the main Jerdon’s courser area and destruction and alteration due to appropriate vegetation structure exotic plant species planted on the conversion of suitable habitat to (Jeganathan 2005, p. 15). Mechanical embankment. In addition, scrub habitat agriculture lands, grazing, and clearing of bushes to create pasture, was thinned (removal of all scrub construction within and around the orchards, and tilled land; high levels of species except selected tree saplings), SLWS and SPNWS, and increasing woodcutting; and high level of use by and pits for collecting rainwater were settlements (Jeganathan 2005 et al. 2005, domestic livestock are likely to cause dug (Jeganathan et al. 2008, p. 76). p. 6; Norris 2008, pers. comm.; deterioration in scrub habitat by Furthermore, various sizes of stones Jeganathan 2009, pers. comm.). creating a scrub forest that is too open were collected from the scrub jungle Agriculture is the main occupation of for the Jerdon’s courser. However, low within and around the SLWS for road the people living in the area. The State levels of grazing by livestock or absence construction every year. Collection of Andhra Pradesh has experienced of woodcutting may also lead to habitat included digging of stones with growth of intensive agricultural that is more closed and, therefore, crowbars, collection of stones in heavy practices in recent years (Senapathi et unsuitable (Jeganathan et al. 2004a, p. vehicles, and the excavation of 15 large al. 2007, p. 2), with paddy (Oryza 234; Jeganathan et al. 2004b, p. 23; pits (Jeganathan et al. 2008, p. 76). sativa), sunflower (Helianthus annuus), Norris 2008, pers. comm.). Construction of dams and reservoirs cotton (Gossypium sp.), groundnut Land in SLWS and adjacent areas is and river floods in the area has resulted (Arachis hypogaea), finger millet used by the people from villages in in the relocation of villages near the (Eleusince coracana), turmeric valley for grazing herds of SLWS and SPNWS. Fifty-seven villages (Curcuma longa), and onion (Allium domestic buffalo (Bubalus bubalis), were relocated closer to SLWS after the cepa) being the major crops of the area sheep (Ovis aries), and goats (Capra construction of the Somasila dam. (Jeganathan et al. 2008, p. 77). From hircus), and for woodcutting Fifteen were displaced due to the 1991 to 2000, scrub habitat in the (Jeganathan et al. 2004b, p. 9). construction of the Sri Potuluri Veera Cuddapah District and parts of the Jeganathan (2008, pers. comm.) states Brahmendraswamy (SPVB) Reservoir. in Andhra Pradesh that most of the potentially suitable Currently, there are approximately 146 decreased by 11–15 percent, while the habitat for Jerdon’s courser is located on villages between the SLWS and SPNWS area occupied by agricultural land more the fringe of the forest and can be easily (Jeganathan et al. 2008, pp. 76–77). than doubled (109 percent increase) accessed by locals for grazing and There are more villages in the area of during the same time period. Remaining woodcutting. Jeganathan et al. (2008, p. Somasila and SPVB Reservoir that could scrub patches were also found to be 77) notes three types of grazing within be relocated near the sanctuaries in the smaller (38.4 percent decrease) and and around the SLWS and SPNWS. The future, and there are plans to increase further from human settlements first includes shepherds who bring the height of the Somasila dam, which (Senapathi et al. 2007, pp. 1, 4; goats, sheep, and buffalo into the scrub will cause the displacement of more Jeganathan et al. 2008, p. 76). habitat in and around the sanctuaries villages near the southeastern part of The main causes for the loss of scrub every morning, grazing 2–3 km (1–2 mi) SLWS (Jeganathan et al. 2008, p. 77). habitat were human settlements and into the forest before returning to the With the relocation and expansion of subsequent conversions of scrub habitat villages in the evening. The second human settlements, there is concern to agriculture and cleared areas includes nomads with 200–300 cattle. over additional land conversion for

VerDate Mar<15>2010 16:37 Aug 10, 2011 Jkt 223001 PO 00000 Frm 00016 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 50067

agriculture, increased pressure for monitoring body on forest matters set up B. Overutilization for Commercial, grazing and woodcutting, and further by the Supreme Court (Kholi 2006, Recreational, Scientific, or Educational development. unpaginated). The CEC ruled in favor of Purposes At the time of the Jerdon’s courser a realignment route completely avoiding rediscovery in 1986, the only known courser habitat. Also, the government of Jeganathan et al. (2008, p. 78) noted site where the species was found was Andhra Pradesh has transferred a few encounters with illegal bird under threat from a project to construct approximately 1,000 ha (2,4711 ac) of trapping within the peripheral areas of the Telugu-Ganga canal through its land between the canal and the SLWS the eastern part of the SLWS; on one habitat. The Andhra Pradesh Forestry to the APFD (BLI 2009b, unpaginated; occasion a trapper was seen near the Department (APFD) and the State Jeganathan 2009, pers. comm.). main Jerdon’s courser area. Although Government of Andhra Pradesh During the construction of the Telugu- trappers mainly target other species, responded by designating the site as the Ganga canal, Jeganathan et al. (2005, p. such as Grey partridge (Francolinus SLWS to protect the species. The 13) identified additional threats in pondicerianus) and Quail species, the proposed route of the canal was association with the construction. Roads traps consist of nooses and nets in adjusted to avoid the sanctuary were built along the canal route and which the Jerdon’s courser could (Jeganathan et al. 2005, p. 6; Jeganathan from the main roads to the canal, which potentially get caught (Jeganathan et al. et al. 2008, p. 78). However, in 2005, subsequently provided easy access to 2008, p. 78). However, there is no construction of the Telugu-Ganga canal the forest for unauthorized woodcutting. quantitative information on which to began, illegally, within the SLWS. Furthermore, the SLWS is known to analyze the extent to which this threat Construction was stopped immediately have red sanders (Pterocarpus may be acting on this species. In once the APFD was notified (Jeganathan santalinus), a highly valued species of addition, we are not aware of any et al. 2005, p. 6; Kohli 2006, trees sought after by illegal woodcutters. information currently available that unpaginated). Illegal excavation was APDF records from 1984 to 2003 show indicates the use of this species for any reported even after construction was that more than 116,000 kilograms scientific or educational purpose. As a stopped and the contracting company (255,736 pounds) of matured red result, we are not considering fined (Kohli 2006, unpaginated). sanders were seized from smugglers overutilization to be a contributing Jeganathan et al. (2005, p. 12) found (Jeganathan et al. 2005, p. 13). Pressure threat to the continued existence of the that 80 to 100 m (263 to 328 ft) were from smugglers on mature red sanders, Jerdon’s courser throughout its range. cleared for canals that were 16 to 20 m coupled with the increased access (53 to 66 ft) wide. They also found that C. Disease or Predation points into the SLWS due to canal approximately 22 ha (54 ac) of construction activities, has caused We are not aware of any information potentially suitable habitat were cleared extensive unauthorized woodcutting currently available that indicates and one of the three newly recorded disease or predation pose a threat for sites for the Jerdon’s courser was within the SLWS (Jeganathan et al. 2005, p. 13). this species. As a result, we are not destroyed by the illegal construction considering disease or predation to be within the SLWS (Jeganathan et al. In summary, the scrub habitat known to be occupied by the species and contributing threats to the continued 2005, p. 12; Jeganathan et al. 2008, p. existence of the Jerdon’s courser 73). The potential impacts of the potentially suitable habitat on adjacent throughout its range. proposed realignment were also lands in and around the SLWS and assessed and it was determined that the SPNWS in the Cuddapah District of D. Inadequacy of Existing Regulatory construction of the canal would still India have been destroyed and Mechanisms impact 650 ha (1,606 ac) of suitable diminished due to conversion of land habitat around the SLWS and would for agricultural purposes, grazing The Jerdon’s courser is listed under pass within 500 m (1640 ft) of recent livestock, construction, and Schedule I of the Indian Wildlife records of the Jerdon’s courser and pass woodcutting. These actions are a result Protection Act of 1972. Schedule I very close to the only place where the of human expansion and the subsequent provides absolute protection with the species has been regularly sighted since increase in human activity in and greatest penalties for offenses. This law 1986 (Jeganathan et al. 2005, p. 12; around the SLWS and SPNWS. prohibits hunting, possession, sale, and Jeganathan et al. 2008, p. 80). Plans for Additional relocation of villages around transport of listed species and allows the Telugu-Ganga canal included SLWS and SPNWS is anticipated. the State Government to designate an another canal project along the western Because the two most common area as a sanctuary or national park for boundary of the SPNWS. Unauthorized livelihoods are agriculture and cattle the purpose of protecting, propagating, work near the Sanctuary boundary was rearing and because the establishment of or developing wildlife or its stopped by the Cuddapah Forest additional villages will require more environment. The Jerdon’s courser is Division in October 2005. In some land to accommodate agriculture and also listed as a priority species under locations along the canal route, forest livestock needs, the scrub habitat that is the National Wildlife Action Plan had been cleared and roads developed vital to the Jerdon’s courser remains at (2002–2016) of India. This National Plan inside of the Sanctuary boundary risk of further curtailment. The includes guidance to expand and (Jeganathan et al. 2005, p. 9). population of the Jerdon’s courser is strengthen the existing network of Approximately 163 ha (403 ac) were extremely small and believed to be protected areas, develop management cleared for the construction of the canal declining, so any further loss or plans for protected areas in the country, in and around the SPNWS (Jeganathan degradation of remaining suitable restore and manage degraded habitats et al. 2005; Jeganathan et al. 2008, p. habitat represents a significant threat to outside of protected areas, and control 80). It is unknown how much of this the species. Therefore, we find that activities such as poaching and illegal area is occupied by the Jerdon’s courser. present or threatened destruction, trade, among others. We are unaware of Following the illegal construction of modification, or curtailment of the any management plans for the protected the canal within the SLWS and SPNWS, habitat or range are threats to the areas in Andhra Pradesh where the the issue was raised to the Central continued existence of the Jerdon’s Jerdon’s courser occurs. This species is Empowered Committee (CEC), a courser throughout its range. also proposed as a threatened species

VerDate Mar<15>2010 16:37 Aug 10, 2011 Jkt 223001 PO 00000 Frm 00017 Fmt 4701 Sfmt 4700 E:\FR\FM\11AUR3.SGM 11AUR3 emcdonald on DSK2BSOYB1PROD with RULES3 50068 Federal Register / Vol. 76, No. 155 / Thursday, August 11, 2011 / Rules and Regulations

under section 38 of the Biological near the sanctuaries, and the subsequent demographic viability and increased Diversity Act, 2002 (Anon 2010, p. 6). further loss of scrub habitat to susceptibility to extinction from The SLWS and SPNWS were agriculture and livestock, protection of stochastic environmental factors (e.g., established for the purpose of protecting scrub habitat used by the Jerdon’s weather events, disease) and an the habitat of the Jerdon’s courser. The courser will be important for the increased threat of extinction from sanctuaries allow for regulated levels of species’ continued existence. Jeganathan genetic isolation and subsequent human use and disturbance while et al. (2004, p. 28) classified many areas inbreeding depression and genetic drift. preventing complete loss of scrub in the Cuddapah District as suitable In conclusion, the single known habitat (Senapathi et al. 2007, p. 8). The habitat for the Jerdon’s courser; population of Jerdon’s courser is likely SLWS and SPNWS are protected by the however, with the exception of two to be vulnerable to threats associated Forest Conservation Act of 1980. sanctuaries, the rest of the suitable with low population sizes. Because the Section 2 of this law restricts the use of habitats are not protected. Therefore, known population is small in size, and forest land for nonforest purposes, such current regulatory mechanisms do not restricted in range, and depends on a as the fragmentation or clearing of any provide enough protection of suitable special habitat for survival, any factor forest. In addition, the SLWS and habitat for this species outside of (i.e., habitat change, a loss of SNPWS are designated as Important existing protected areas. We are also demographic viability, etc.) that results Bird Areas (IBA) in India (Jeganathan et unaware of any grazing standards in a decline in habitat or individuals is al. 2005, p. 5). IBAs are sites of within SLWS and SPNWS to ensure the problematic for the long-term survival of international importance for the maintenance of open scrub habitat and this species. Therefore, we find that conservation of birds, as well as other prevent overgrazing by livestock. When other natural or manmade factors pose animals and plants, and are meant to be combined with Factor A (the present or a threat to the Jerdon’s courser used to focus conservation efforts and threatened destruction, modification, or throughout its range. reinforce the existing protected areas curtailment of the habitat or range), we Status Determination for the Jerdon’s network. However, designation as an find that the existing regulatory Courser IBA provides no legal protection of mechanisms are inadequate to these areas (BNHS 2009, unpaginated). ameliorate the current threats to the We have carefully assessed the best In 2010, a recovery plan was Jerdon’s courser throughout its range. available scientific and commercial published for the Jerdon’s courser. The information regarding the past, present, plan uses a multi-pronged approach to E. Other Natural or Manmade Factors and potential future threats faced by the secure the long-term survival of this Affecting the Species’ Continued Jerdon’s courser. The species is species. Elements of the plan include Existence currently at risk throughout all of its research, monitoring, advocacy, There are particular species range due to ongoing threats of habitat conservation education, habitat characteristics that render a species destruction and modification (Factor A), management, training, and funding. The vulnerable to extinction (Primack 2002, and demographic, genetic, and actions outlined in the plan involve p. 193). For example, species with a environmental stochastic events and several national and international narrow geographic range, small other complications associated with the groups and the APFD, which has the population size, declining population, species’ low population and restricted primary responsibility for the and specialized habitat requirements are range (Factor E). Furthermore, we have management of Jerdon’s courser habitat more susceptible to extinction than determined that the existing regulatory (Anon 2010, pp. 3, 5). Implementation others without these characteristics mechanisms (Factor D) are not adequate of the recovery plan is dependent on (Primack 2002, pp. 193–200). Although to ameliorate the current threats to the funding (approximately 1.8 million U.S. exact population estimates and species. dollars) and the cooperation of several distribution of the Jerdon’s courser are Section 3 of the Act defines an agencies (Anon 2010, pp. 16–21). not available, the species has been ‘‘endangered species’’ as ‘‘any species Although this plan was published by reported as a small, declining which is in danger of extinction the APFD and submitted to The population (Jeganathan 2004b, p. 7; BLI throughout all or a significant portion of Ministry of Environment and Forests, 2009b, unpaginated; IUCN 2009c, its range’’ and a ‘‘threatened species’’ as Government of India, we could not unpaginated) and only reported from a ‘‘any species which is likely to become determine that implementation of this small patch of scrub habitat in and an endangered species within the plan is mandatory or binding; rather the around the SLWS (Jeganathan et al. foreseeable future throughout all or a plan is meant to serve as a reference for 2008, p. 73). Furthermore, certain significant portion of its range.’’ conservation managers, policy-makers, species characteristics, such as those Known occupied habitat and researchers, decision-makers, and serve found in this species, predispose it to potentially suitable habitat have already as a basis for future conservation particular sources of extinction (Owens been destroyed and diminished due to actions. Furthermore, as this recovery and Bennett 2000, p. 12147). Owens and conversion of land for agriculture, plan was just published in November Bennett (2000, p. 12147) found that grazing livestock, construction, and 2010, it is too early to determine if this extinction risks for birds with wood cutting. Additional relocation of plan will be effective in providing specialized habitat and small body size villages around the SLWS and SPNWS protection to the species. increased with habitat loss. The Jerdon’s is anticipated. The two most common In summary, although protections for courser is a small bird dependent on livelihoods for people in this region are the species exist, the primary threat to scrub habitat of moderate density for agriculture and cattle rearing; relocation this species is ongoing loss of habitat. survival. Habitat loss, as described of villages will require the conversion of Senapathi et al. (2007, pp. 7–8) found an under Factor A, is the primary threat to additional land to accommodate these extensive and rapid decline in scrub this species. Further loss of Jerdon’s needs. Currently, there are protections habitat, with most removal of scrub courser habitat may fragment remaining in place for this species, but these do occurring up to sanctuary boundaries suitable habitat adjacent to the SLWS not provide enough protection to and little loss occurring within the and increase the extinction risk for the suitable habitat outside of protected wildlife sanctuaries. Due to the threat of species. In addition, small, isolated areas. Within protected areas, grazing an increasing number of settlements populations may experience decreased still occurs and there are no grazing

VerDate Mar<15>2010 16:37 Aug 10, 2011 Jkt 223001 PO 00000 Frm 00018 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 50069

standards in place to ensure Island chains (Steadman 1997, p. 740; Species of Ducula are primarily maintenance of open scrub habitat. Thorsen et al. 2002, p. 6; Blanvillain frugivorous (fruit eaters). The diet of Characteristics of the Jerdon’s courser, and Thorsen 2003, p. 381; Blanvillain et Marquesan imperial pigeons consists such as small body size, small al. 2007, unpaginated). At the time of its mainly of fruits, which are usually population, declining population, discovery, the pigeon was already swallowed whole, from Ficus spp. and narrow geographic range, and restricted to Nuku Hiva, a 337 km2 (130 guajava (guava; an introduced 2 specialized habitat requirements, sq mi ) island. Researchers believe that species); however, it has been reported naturally put this species more at risk of hunting, degradation of local forest, that caterpillars from S. saponaria and extinction. invasive weeds and trees, and predation the foliage and flowers of other tree and were the probable causes of its decline Any factor (i.e., habitat change, a loss shrub species also make up a portion of of demographic viability, etc.) that (Thorsen et al. 2002, pp. 8–9; the pigeon’s diet. The species’ results in a decline in habitat or Blanvillian et al. 2007, unpaginated). consumption of an introduced shrub individuals is problematic for the long- On Nuku Hiva, the pigeon is restricted term survival of this species. Decreased to 7 sites which are difficult to access species, the guava, is likely due to the demographic viability, environmental by hunters and livestock (Villard et al. degradation of native habitat factors, and genetic isolation may lead 2003, p. 191; BLI 2009c, unpaginated). (Blanvillain and Thorsen 2003, p. 384) to inbreeding depression and reduced In an effort to protect the remaining and the subsequent loss of native fruits, fitness. These genetic threats will population from extinction due to foliage, and flowers. Gleaning, the exacerbate other threats to the species catastrophic events, the pigeon was catching of invertebrate prey items by and likely increase the risk of reintroduced to Ua Huka, an island 50 plucking them from foliage, the ground, extinction. Based on the magnitude of km (31 mi) east of Nuku Hiva in 2000 or from rock crevices, and browsing are the ongoing threats to the Jerdon’s (Thorsen et al. 2002, p. 14; Blanvillain the two main feeding methods courser habitat throughout its entire and Thorsen 2003, p. 385; BLI 2009c, (Blanvillain and Thorsen 2003, pp. 382– range, as described above (Factor A and unpaginated). Ua Huka was chosen as a 383). D), combined with the small population, reintroduction site primarily because Courtship behavior includes the male the pigeon was historically found on the restricted range, and specialized habitat and female next to one another island, and due to availability of requirements (Factor E), we determine and allopreening, the potential that this species is in danger of suitable habitat located in a protected area, a lack of black rats (Rattus rattus), mate’s breast and neck areas and extinction throughout all of its range. mirroring each other’s actions Therefore, on the basis of the best and a smaller human population (Blanvillain and Thorsen 2003, p. 383). available scientific and commercial compared to other Marquesan islands The breeding season is long, occurring information, we are listing the Jerdon’s (Thorsen et al. 2002, p. 13). courser as an endangered species Population estimates on Nuku Hiva from mid-May to December (Thorsen et throughout all of its range. Because we have ranged from 75 to 300 birds since al. 2002, p. 6). Nests are constructed of find that the Jerdon’s courser is 1975; however, the most recent survey, intermingled branches, approximately endangered throughout all of its range, conducted in 2000, estimated the 60 cm (24 in) in diameter, 10 to 18 m there is no reason to consider its status population to be approximately 80–150 (33 to 59 ft) above ground at the top of in a significant portion of its range. birds (Villard et al. 2003, p. 194). In the canopy (Blanvillain and Thorsen 2000, five birds were translocated to Ua 2003, p. 384); clutch size is only one egg V. Marquesan Imperial Pigeon (Ducula Huka and an additional five (Villard et al. 2003, pp. 192, 195). galeata) translocated in 2003. In 2006, Abundance of fruit is critical in Species Description approximately 32 birds were present. In determining the breeding success of 2008, another survey was conducted. The Marquesan Imperial Pigeon frugivorous birds (Thorsen et al. 2002, Two groups of nine and six birds were p. 10). However, studies suggest that the (Ducula galeata), known locally as Upe, observed within the initial translocation pigeon is successfully breeding in is a very large arboreal pigeon belonging area (Gouni and Gustemme 2009, p. 4). different areas where it exists (Thorsen to the family Columbidae. It was first Gouni and Gustemme (2009, p. 4) described by Charles Lucien Bonaparte suggest that the population has et al. 2002, p. 17; Villard et al. 2003, in 1855 (Villard et al. 2003, p. 198; BLI expanded into inaccessible parts of the p. 195). 2009c, unpaginated). The species island where surveys are not possible Conservation Status measures 55 cm (22 in) in length, is dark and further speculate that, given the slate-grey with bronze-green reflections lack of limiting factors on the island, the The Marquesan imperial pigeon was on the upperparts, rufous-chestnut population may have already reached 50 originally classified as ‘‘critically undertail-coverts, white eyes, and a individuals. endangered’’ by the IUCN. In 2008, white and grey-black cere protruding The species is almost exclusively however, this species was downlisted to almost to the tip of the bill (Blanvillain arboreal and prefers the intermediate ‘‘endangered’’ status due to the et al. 2007, unpaginated; BLI 2009c, and upper canopy forest layers establishment of a second population unpaginated). consisting of Guettarda speciosa, through the translocation of birds to Ua The pigeon is endemic to the French Cerbera manghas, Ficus spp., Huka (IUCN 2009b, unpaginated). The Polynesian Marquesas Archipelago in Terminalia cattapa, and Sapindus Marquesan imperial pigeon is also the Pacific Ocean. The Marquesas saponaria; however, individuals have protected under Law Number 95–257 in Archipelago is a territory of France also been observed perched on shrubs located approximately 1,600 km (994 (Blanvillain and Thorsen 2003, p. 382; French Polynesia. The species has not mi) northeast of Tahiti. Based on Villard et al. 2003, p. 191). These been formally considered for listing in subfossil records, the pigeon was pigeons heavily rely on this canopy the Appendices of CITES (http:// historically present on four islands in forest for roosting and feeding. Based on www.cites.org). the Marquesas Archipelago, Hiva Oa, Ua observations of pigeons in 2000, this Huka, Tahuata, and Nuku Hiva, as well species appears to return to the same as the Cook, the Pitcairn, and Society feeding and night roosting areas.

VerDate Mar<15>2010 16:37 Aug 10, 2011 Jkt 223001 PO 00000 Frm 00019 Fmt 4701 Sfmt 4700 E:\FR\FM\11AUR3.SGM 11AUR3 emcdonald on DSK2BSOYB1PROD with RULES3 50070 Federal Register / Vol. 76, No. 155 / Thursday, August 11, 2011 / Rules and Regulations

Summary of Factors Affecting the 14; Parkes 1984, pp. 95, 96, 101; Villard in the most remote areas of Nuku Hiva Marquesan Imperial Pigeon et al. 2002, p. 189). Subsequently, exotic (Villard et al. 2003, p. 191). An intact plant species are able to flourish and canopy of native species is rare; in A. Present or Threatened Destruction, outcompete native species, which addition, the native understory and Modification, or Curtailment of Habitat results in little or no regeneration of shrub layers are absent and composed or Range native trees (Sykes 1969, p. 15; Thorsen mostly of browse-resistant species Destruction of habitat associated with et al. 2002, p. 9). Large patches of (Thorsen et al. 2002, p. 9). Poor natural human colonization is one of the main natural forest have been destroyed by forest regeneration is evident in areas threats to the remaining populations of goats and pigs in areas where where pigeons are found (Villard et al. the Marquesan imperial pigeon. Since Marquesan imperial pigeons are found 2003, p. 193). Overgrazing by goats and Polynesian occupation and discovery of and there is poor natural forest competition with exotic species remain the area by Europeans, substantial regeneration (Villard et al. 2003, p. 193). a threat to the pigeon’s habitat on Nuku changes to the Nuku Hiva landscape Blanvillain and Thorsen (2003, pp. 382– Hiva; any additional loss of suitable have occurred (Thorsen et al. 2002, p. 8; 383) found most of the ground covered habitat is likely to have a large impact Villard et al. 2003, p. 190) and are still by several introduced plant species, on the distribution of this species. occurring. These changes include including guava, African basil (Ocimum The Marquesan imperial pigeon does clearing of land for agriculture and gratissimum), and soft elephants foot not appear to experience habitat development, introduction of domestic (Elephantopus mollis). Overgrazing, destruction on Ua Huka, as it is livestock, introduction of exotic plants, combined with the introduction of classified as a protected area and there and introduction of rats (Rattus spp.) exotic species, prohibits the tall trees is no indication of ongoing habitat and cats (Felis catus) (Thorsen et al. that comprise the canopy layer of the degradation from livestock grazing in 2002, pp. 8–9). forest from regenerating and from this area. However, the largest Most of Nuku Hiva was originally providing feeding and roosting sites population of pigeons is located on covered by forest, with the exception of needed by pigeons. Nuka Hiva, and impacts to the suitable the drier northwestern plain where In addition, introduced rats on the habitat on this island are ongoing. shrub savanna is predominant. Since island of Nuka Hiva inhibit regeneration Therefore, we find that present or colonization of Nuku Hiva, the native of native trees because they consume threatened destruction, modification, or landscape has been cleared for the flowers, fruits, seeds, seedlings, curtailment of the habitat or range is a agriculture and settlement. Fires have leaves, buds, roots, and rhizomes threat to the continued existence of the been used to clear land for agriculture (Thorsen et al. 2002, p. 9; Meyer and Marquesan imperial pigeon. and plantations (Manu 2009, Butaud 2009, p. 1570), thus further B. Overutilization for Commercial, unpaginated). In more recent times contributing to the alteration of the Recreational, Scientific, or Educational (between 1974 and 1989), all natural vegetation composition. Thorsen et al. Purposes vegetation on a large area of the main (2002, p. 9) noted that seed caches plateau (de Toovii) on the island was containing many seeds that are part of Two researchers found that hunting is cut down or burned to be converted into the Marquesan imperial pigeon’s food the primary reason for the current grassland for pasture, and 1,100 ha supply were common. restricted range of the species to remote (2,718 ac) were planted with Caribbean Marquesan imperial pigeons are areas of Nuku Hiva (Thorsen et al. 2002, pine (Pinus caribaea), an exotic tree frugivorous birds and act as seed p. 8; Villard et al. 2003, p. 193). By species. By 2000, modern facilities, such dispersal agents for those trees from 1922, most of the modification of habitat as roads, an airport, and other buildings which they feed and roost. Habitat loss, by man had already occurred, yet had been built (Villard et al. 2003, pp. predation, or any other factor resulting Marquesan imperial pigeons were still 190, 195). in the decline of pigeons indirectly abundant (Villard et al. 2003, p. 195). In Suitable habitat for this species has contributes to a decrease in seed a 1922 expedition, 82 birds were killed; also been modified and degraded by dispersal, possibly contributing to low Villard et al. (2003, p. 194) theorized introduced domestic livestock and recruitment of the vital native tree that this represented a significant exotic plant species. Domestic livestock species. Therefore, hunting may also portion of the estimated several have become feral, and while cattle and contribute to the destruction and hundred birds present at that time. After horses are mostly controlled, feral goats modification of habitat (See also Factor these killings, the pigeon was reported (Capra hircus) and pigs (Sus scrofa) B). as ‘‘not so abundant.’’ In 1944, many continue to be a major concern (Villard The habitat in the Vaiviki Valley on birds were reported on the northern et al. 2003, p. 193). Goats are the island of Ua Huka, where the pigeon coast of Nuku Hiva and hunters were particularly destructive; they have was reintroduced, was classified as a known to bring back full bags of birds. caused devastation to natural habitats protected area in 1997 (Thorsen et al. In 1951, the population of pigeons on several other islands (Sykes 1969, 2002, p. 13). There are no indications appeared to be decreasing and, with the pp. 13–16; Parkes 1984, pp. 95–101; that ongoing habitat degradation from introduction of shotguns in the 1950s, Thorsen et al. 2002, p. 9). livestock grazing is occurring in this the effect was amplified. During the The Nuku Hiva goat population has area. construction of the airport from 1978 to been increasing since the 1970s, and In summary, the Marquesan imperial 1979, workers were known to hunt for both goats and pigs are found pigeon prefers to inhabit the canopy pigeons (Villard et al. 2003, pp. 193, everywhere on the island (Villard et al. forest layer of mature forests and relies 195). On Ua Huka, a local agreement 2003, p. 195). Goats have the potential on the fruits of these trees as a food now exists not to hunt pigeons (Thorsen to damage and alter the vegetative source. This habitat on Nuku Hiva has et al. 2002, p. 13). composition of an area by overgrazing been destroyed, and continues to be Bird hunting in the French Polynesia indigenous and endemic species to the destroyed by conversion of land for was banned in 1967; however, the law point at which seedlings are consumed agriculture and development, is rarely enforced and hunting still before they are able to mature to a overgrazing, and competition with occurs (Thorsen et al. 2002, p. 10) on height that is out of the reach of goats exotic plant species. The species is Nuku Hiva. Most Marquesan imperial and, therefore, survive (Sykes 1969, p. currently restricted to seven small sites pigeons that are killed are opportunistic

VerDate Mar<15>2010 16:37 Aug 10, 2011 Jkt 223001 PO 00000 Frm 00020 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 50071

kills by those hunting goats and pigs, restricted to an island. Extensive human destruction and absence of native but some intentionally target pigeons for activity in previously undisturbed or species (See Factor A) (Thorsen et al. sale to local inhabitants (Thorsen et al. isolated areas can lead to the 2002, p. 10), we are not aware of any 2002, p. 10). In an effort to reduce illegal introduction and spread of exotic information currently available that hunting and engage the public in diseases, some of which (e.g., West Nile specifically indicates that predation by conservation of local endemic species, virus) can negatively impact endemic cats is a threat to the survival of this the Socie´te´ d’Ornithologie de Polyne´sie bird populations (Naugle et al. 2004, p. species. (Manu), a conservation organization in 704). The introduction and transmittal In summary, while avian diseases French Polynesia, developed a public of an avian disease could result in the such as avian malaria in reed-warblers outreach and educational program for extinction of the Marquesan imperial was found to be present on Nuku Hiva, local schools about the importance of pigeon (Blanvillian et al. 2007, no avian diseases are known to affect this species. Although this appears to unpaginated). Beadell et al. (2006, p. Marquesan imperial pigeons. Although have reduced illegal hunting, poaching 2940) found the presence of Hawaii’s predation has been indicated as a remains a threat and has the potential to avian malaria in reed-warblers on Nuku contributing factor to the decline of the rapidly reduce to the remaining small Hiva; however, there is no data on the species (Thorsen et al. 2002, pp. 9, 10; population (BLI 2009c, unpaginated). To effects of this malaria on the population Blanvillain et al. 2007, unpaginated), we protect the remaining populations from of pigeons on the island. Although large did not find information to suggest that hunting, an agreement by the and stable populations of wildlife predation is currently a threat to the inhabitants of Nuku Hiva to stop species have adapted to natural levels of survival of this species. Further, while hunting pigeons or the appointment of disease and predation within their black rats are found everywhere pigeons a ranger to enforce current laws is historic ranges, any additive mortality to are found on Nuku Hiva, the needed (Thorsen et al. 2002, p. 11). the Marquesan imperial pigeon observation of a significant proportion An adult Marquesan imperial pigeon population or a decrease in its fitness of juveniles suggests that predation of lays only one egg per year, suggesting due to an increase in the incidence of pigeon eggs and nestlings by black rats this species is long lived (Villard et al. disease or predation could adversely on Nuku Hiva is not a significant threat 2003, pp. 192, 195). Populations of impact the species’ overall viability (see to pigeons. Cats are present on both species that are long-lived with low Factor E). However, while these islands, and there is potential for fecundity rates tend to be more affected potential influences remain a concern predation when pigeons are forced to by loss of breeding adults than those for future management of the species, feed on low shrubs, such as guava; species with shorter lifespans and high we are not aware of any information however, there is no information to fecundity. Therefore, an increase in currently available that specifically substantiate cat predation as a threat to adult mortality due to illegal hunting indicates the occurrence of disease in the species’ survival. Therefore, we find would likely have a substantial impact the Marquesan imperial pigeon. No that disease and predation are not on the survival of this species. other diseases are known to affect the contributing threats to the continued Furthermore, because pigeons are pigeons. In addition, the reintroduction existence of the pigeon throughout its frugivorous and act as seed dispersal of the pigeons to the island of Ua Huka range. agents for those trees from which they reduces the likelihood of diseases D. Inadequacy of Existing Regulatory feed and roost, further declines in causing extinction of the species. Mechanisms pigeons may indirectly contribute to Black rats were introduced to Nuku low recruitment of the vital native tree Hiva in 1915 and are now found The Marquesan imperial pigeon is a species. everywhere pigeons are located on protected species in French Polynesia; it In summary, hunting was likely a Nuku Hiva (Villard et al. 2003, pp. 193, is classified as a Category A species major contributing factor to the current 195). Rats may prey upon the eggs and under Law Number 95–257. Article 16 restricted range and small population of nestlings of Marquesan Imperial of this law prohibits the collection and Marquesan imperial pigeon. On the pigeons, even if the nests are located in exportation of species listed under island of Ua Huka, because the species the tops of trees (Thorsen et al. 2002, p. Category A. Under Article L411–1 of the is in a protected area, there is a smaller 10). However, due to the large size of French Environmental Code, the human population compared to other this species, adult pigeons may be able destruction or poaching of eggs or nests, Marquesan islands, and since there is no to chase away rats from their nests mutilation, destruction, capture or information indicating hunting is a (Villard et al. 2003, p. 195). poaching, intentional disturbance, the threat to this species on the island of Ua Furthermore, Thorsen et al. (2002, p. 10) practice of taxidermy, transport, Huka, we find that overutilization is not observed juveniles and Villard et al. peddling, use, possession, offer for sale, a threat to the continued existence of (2003, p. 195) noted a significant or the sale or the purchase of the pigeon. On the island of Nuku Hiva, proportion of young pigeons, suggesting nondomestic species in need of although hunting of pigeons is illegal, that black rats are not affecting breeding conservation is prohibited. The French the law is not enforced and poaching success. Due to the potential threat of Environmental Code also prohibits the remains a threat. Because this species black rats, pigeons were introduced to destruction, alteration, or degradation of has a clutch size of one egg, poaching Ua Huka where black rats were not habitat for these species. would have a substantial impact on the present. As an additional measure, Hunting of this species is believed to species’ continued existence. Therefore, poison bait stations were established be one of the main reasons for the we find that overutilization is a threat around the wharf area of Ua Huka to species’ decline (Thorsen et al. 2002, p. to the continued existence of Marquesan prevent introduction of black rats 10; Villard et al. 2003, p. 195). Hunting imperial pigeon on the island of Nuku (Thorsen et al. 2002, p. 17). and destruction of all species of birds in Hiva. Cats have also been introduced to French Polynesia was prohibited by a both the islands of Nuku Hiva and Ua decree enacted in 1967 (Villard et al. C. Disease or Predation Huka. While predation of adult and 2003, p. 193). Furthermore, although Avian diseases are a concern for juvenile birds by cats is possible when restrictions on possession of firearms in species with restricted ranges and small pigeons are forced to feed on low Marquesas are in place, firearms are populations, especially if the species is shrubs, such as guava, due to made available through visiting boats

VerDate Mar<15>2010 16:37 Aug 10, 2011 Jkt 223001 PO 00000 Frm 00021 Fmt 4701 Sfmt 4700 E:\FR\FM\11AUR3.SGM 11AUR3 emcdonald on DSK2BSOYB1PROD with RULES3 50072 Federal Register / Vol. 76, No. 155 / Thursday, August 11, 2011 / Rules and Regulations

(Thorsen et al. 2002, p. 10). On Ua E. Other Natural or Manmade Factors white-capped fruit pigeon (Ptilinopus Huka, there is an agreement in force not Affecting the Species’ Continued dupetitbouarsii), a wider ranging pigeon to hunt pigeons (Thorsen et al. 2002, p. Existence found in French Polynesia (including 13). Although this species is fully Introduced animal and plant species Nuku Hiva and Ua Huka), for food protected, and hunting has been threaten the habitat and survival of the sources (Thorsen et al. 2002, p. 10). banned, illegal hunting of the Marquesan imperial pigeon by Abundance of fruit is critical to the Marquesan Imperial pigeon still occurs inhibiting the growth of canopy tree breeding success of frugivorous birds. (see Factor B) and remains a threat on species needed for nesting and roosting When food resources are limited, Nuku Hiva. and creating competition for food breeding output and fledgling and adult survival may also be affected (Thorsen The Marquesas Archipelago is sources. As described under Factor A, the et al. 2002, p. 10). This may be designated as an Endemic Bird Area especially critical to the Marquesan (EBA) (Manu 2009, unpaginated, BLI introduction of livestock, including cattle, horses, goats and pigs, has caused imperial pigeon since it is a long-lived 2009c). EBAs are territories less than and continues to cause substantial species with low fecundity. An increase 50,000 km2 (19,300 mi2) where at least changes in the forest composition, in adult mortality due to decreased food two bird species with restricted ranges affecting the amount of suitable habitat availability would likely have a are found together, and represent available for pigeons. Horses are now substantial impact on the breeding priority areas for biodiversity. Nord- under control and cattle were eradicated success and, ultimately, on the survival Ouest de Nuku Hiva is 9,000 ha area by hunters (Thorsen et al. 2002, p. 9; of this species. Island populations have a higher risk designated as an Important Bird Area Villard et al. 2003, p. 193). However, of extinction than mainland (IBA) (Manu 2009, unpaginated). goats, in particular, overgraze native populations. Ninety percent of bird Designation as an IBA constitutes species to a level at which seedlings are recognition of the area as a critical site species driven to extinction were island consumed before they mature to a species (as cited in Frankham 1997, p. for conservation of birds. In addition, height out of goats’ reach (Sykes 1969, 311). Based on genetics alone, endemic Nuku Hiva is designated as an Alliance p. 14; Parkes 1984, pp. 95, 96, 101; island species are predicted to have for Zero Extinction (AZE) (Manu 2009, Villard et al. 2002, p. 189). higher extinction rates than nonendemic unpaginated). AZEs are considered Consequently, exotic plant species such island populations (Frankham 2007, p. areas that are in the most urgent need as guava are able to proliferate, 321). Small, isolated populations may of conservation. Although Nuku Hiva preventing regeneration of natural forest experience decreased demographic and Ua Huka are designated as areas of (Sykes 1969, p. 15; Thorsen et al. 2002, viability (population birth and death importance to the conservation of birds, p. 9). To restore native forests, measures rates, immigration and emigration rates, these designations only serve to identify to control feral goats are needed. Local and sex ratios), increased susceptibility areas of biodiversity and focus inhabitants hunt goats and pigs of extinction from stochastic conservation efforts; there is no legal (Thorsen et al. 2002, p. 10); however, environmental factors (e.g., weather protection of these areas. There is one overgrazing continues to be a problem. events, disease), and an increased threat officially protected area on Ua Huka Fenced enclosures would exclude any of extinction from genetic isolation and (Vaikivi), established in 1997, which is livestock and allow regeneration of subsequent inbreeding depression and native species (Thorsen et al. 2002, p. actively managed. genetic drift. As discussed above, there 11). In addition, introduced rats on the are two small extant populations of In summary, regulations exist to island of Nuka Hiva inhibit regeneration Marquesan imperial pigeons, one on protect the species and its habitat. The of native trees by consuming the Nuku Hiva and a reintroduced threats that affect the species on each flowers, fruits, seeds, seedlings, leaves, population on Ua Huka. Because the island are different. On the island of Ua buds, roots, and rhizomes (Thorsen et species now present on Ua Huka Huka, also described under Factors A al. 2002, p. 9; Meyer and Butaud 2009, originated from the Nuku Hiva and B, destruction and modification of p. 1570) of native tree species, further population, there is no genetic variation habitat are not known to threaten this contributing to the alteration of forest between the two populations. species and illegal hunting is not composition. Introduced species are not Furthermore, we have no indication that occurring. This is likely because the known to threaten pigeons on Ua Huka. there is natural dispersion between the protected area on Ua Huka is actively Introduced rats on Nuku Hiva may populations and, thus, no genetic managed, the human population is less also be a source of competition for food interchange. The lack of genetic substantial, and there is a local resources that would otherwise be variation may lead to inbreeding and agreement preventing hunting on this available to pigeons. The diet for the associated complications, including island. Furthermore, pigeons were Marquesan imperial pigeon consists of reduced fitness. Species with low reintroduced to Ua Huka due to the fruits from Ficus spp. and guava, foliage fecundity, like the pigeon, are absence of threats to the species. of S. saponaria, T. cattapa, and particularly vulnerable to inbreeding Misceltum spp., and the flowers of H. Therefore, we find that the inadequacy depression because they can withstand tiliaceus, C. manghas, and G. speciosa of existing regulatory mechanisms is not less decrease in survival before (Blanvillain and Thorsen 2003, p. 382). applicable to Ua Huka. However, as population growth rates are affected and Rats are known to consume the flowers, they recover more slowly (Lacy 2000, p. described in Factors A and B, habitat fruits, and leaves of the same tree 47). In addition, genetic threats destruction continues to threaten this species, including guava, T. cattapa, associated with small populations will species and illegal hunting continues to Ficus spp., and S. saponaria (Thorsen et exacerbate other threats to the species occur on the island of Nuku Hiva. al. 2002, p. 9). The consumption of and likely increase the risk of extinction Therefore, we find that the existing these fruits and foliage by rats may of island populations (Frankham 1997, regulatory mechanisms are inadequate reduce the available food supply for this p. 321). to ameliorate the current threats to the frugivorous bird. Furthermore, during In summary, introduced livestock and Marquesan imperial pigeon on the periods of limited fruit availability, the rats are altering the native forests of island of Nuku Hiva. pigeons may also compete with the Nuku Hiva on which the Marquesan

VerDate Mar<15>2010 16:37 Aug 10, 2011 Jkt 223001 PO 00000 Frm 00022 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 50073

imperial pigeon depends. Native tree Section 3 of the Act defines an and mottled brown-grey in color. It has species are unable to regenerate due to ‘‘endangered species’’ as ‘‘any species white underparts marked with black overgrazing by goats; allowing graze- which is in danger of extinction heart-shaped spots on the flanks. It has resistant exotic plant species to throughout all or a significant portion of a decurved bill that tapers to a distinctly proliferate. Through consumption of its range’’ and a ‘‘threatened species’’ as fine tip. It has pale, barred inner fruits, flowers, seeds, and foliage, rats ‘‘any species which is likely to become primary feathers and its secondary contribute to the alteration of the native an endangered species within the feathers contrast markedly with its forest and also serve as a source of foreseeable future throughout all or a brown-black primary feathers. Its tail is competition for food. On Nuku Hiva and significant portion of its range.’’ virtually unmarked, with a few dark Ua Huka, the white-capped fruit pigeon The Marquesas imperial pigeon is bars on a white background (BLI 2006, may also serve as a source of restricted to two islands and has a total p. 1). competition for food during periods of maximum combined population The species is believed to breed in limited fruit availability. When food estimate of 200 (80–150 on Nuku Hiva Northwest Siberia (though the only two resources are limited, breeding output and 50 on Ua Huka). Intact canopy on confirmed cases of breeding were in and fledgling and adult survival may Nuku Hiva is rare due to conversion of 1914 and 1924). The species migrates also be affected, which may be land to agriculture, overgrazing by goats 5,000–6,000 km (3,100–3,700 mi) particularly critical for a species with and the subsequent poor natural forest towards the west-southwest across low fecundity. regeneration, and competition with Kazakhstan, passing north of the Both pigeon populations are subject to exotic plant species, which has Caspian and Black Seas through detrimental effects typical of small restricted this population to seven small southeastern and southern Europe to its island populations. Decreased sites on the island. Further loss of wintering grounds in the Mediterranean demographic viability, environmental suitable habitat could have a large and Middle East (Gretton 1996, p. 6; Chandrinos 2000, p. 1; Hirschfeld 2008, factors, and genetic isolation may lead impact on this small isolated p. 139; Schmidt 2009, p. 46; Boere 2010, to inbreeding depression and associated population. Furthermore, hunting of pigeons is illegal, but is not enforced. pers. comm.). complications, including reduced The species has been sighted in fitness. Species with low fecundity are Because this species is a long-lived species with low fecundity, it is Eastern Europe, including Russia, particularly vulnerable because they can Kazakhstan, Ukraine, Bulgaria, Hungary, withstand less decrease in survival and particularly vulnerable to continued illegal hunting and, on both Nuku Hiva Romania, and Yugoslavia; in Southern recover more slowly. These genetic Europe, including Albania, Greece, threats will exacerbate other threats to and Ua Huka, detrimental effects typical of small island populations. Italy, and Turkey; in Western Europe, the species and likely increase the risk including France and Spain; in North of extinction. Therefore, we find that Decreased demographic viability, environmental factors, and genetic Africa, including Algeria, Morocco, and other natural or manmade factors are Tunisia; and in the Middle East, threats to the continued existence of the isolation may lead to inbreeding depression and reduced fitness. Species including Iran and Iraq (van der Have et Marquesan imperial pigeon on both al. 1998, p. 36; Chandrinos 2002, Nuku Hiva and Ua Huka. with low fecundity are particularly vulnerable because they can withstand unpaginated; Gretton et al. 2002, pp. Status Determination for the less decrease in survival and recover 335, 342; Gretton 2006, pp. 10–15; BLI Marquesan Imperial Pigeon more slowly. These genetic threats will 2006, p. 2; Schmidt 2009, p. 44). It has exacerbate other threats to the species also been reported in Slovenia, We have carefully assessed the best Uzbekistan, Turkmenistan, Oman, Saudi available scientific and commercial and likely increase the risk of extinction. Based on the magnitude of Arabia, and Yemen (BLI 2006, p. 2). information regarding the past, present, During the 19th Century, the slender- the ongoing threats to the extremely and potential future threats faced by the billed curlew was described as the most small and isolated population of Marquesan Imperial Pigeon. The species common curlew in countries such as Marquesan Imperial Pigeon throughout is currently at risk on Nuku Hiva due to Spain, Sicily, Malta, Tunisia, Morocco, its entire range, as described above, we ongoing threats of habitat destruction and Algeria; described as abundant in determine that this species is in danger and modification (Factor A); illegal Romania, southeast Hungary, and Italy; hunting (Factor B); and competition of extinction throughout all of its range. and regularly recorded in France with rats for food on Nuku Hiva, as well Therefore, on the basis of the best (Gretton 1991, p. 16). Flocks were as demographic, genetic, and available scientific and commercial reported as hundreds, sometimes environmental stochastic events information, we are listing the thousands, strong. Its population associated with the species’ low Marquesan Imperial Pigeon as an density frequently exceeded that of two population, restricted range, and low endangered species throughout all of its relative species: The Eurasian curlew fecundity (Factor E). Furthermore, we range. Because we find that the (Nemenius arquata) and the whimbrel have determined that the existing Marquesan Imperial Pigeon is (Numenius phaeopus) (Chandrinos regulatory mechanisms (Factor D) are endangered throughout all of its range, 2000, p. 1). From 1900 to the 1930s, the not adequate to ameliorate the current there is no reason to consider its status species was still regularly recorded, threats to the species. In addition, we in a significant portion of its range. although not as abundant as in the have determined that Factors A, B, C, VI. Slender-Billed Curlew (Numenius 1800s (Gretton 1991, p. 1). By 1940, a and D are not factors affecting the tenuirostris) decline in slender-billed curlew continued existence of the species on populations was apparent and the Ua Huka. However, we have determined Species Description species continued to decline, although that the Ua Huka population is at risk The slender-billed curlew (Numenius flocks of more 100 birds were recorded due to demographic, genetic, and tenuirostris) is a species of wading bird, in Morocco as late as the 1960s and environmental stochastic events one of the six curlews of the same genus 1970s (Gretton 1996, p. 6). In 1978, a associated with the species’ low within the family Scolopacidae. It was flock of 150 birds was observed in population, restricted range, and low described from Egypt in 1871 by Vieillot Turkey (Nankinov 1991, p. 26). In the fecundity (Factor E). (Gretton 1991, p. 1). It is medium-sized 1970s and 1980s, about 10–15 sightings

VerDate Mar<15>2010 16:37 Aug 10, 2011 Jkt 223001 PO 00000 Frm 00023 Fmt 4701 Sfmt 4700 E:\FR\FM\11AUR3.SGM 11AUR3 emcdonald on DSK2BSOYB1PROD with RULES3 50074 Federal Register / Vol. 76, No. 155 / Thursday, August 11, 2011 / Rules and Regulations

were reported annually. In the 1990s, pine (Pinus) forests. The nests were species is also listed on Annex I of the annual records consist of sightings of 1 located in the middle of the marsh on European Union (EU) Wild Bird to 3 birds, with the exception of 19 birds grassy hillocks or on small dry islands Directive (Europa Environment 2009, sighted in Italy in 1995 and a group of (Gretton et al. 2002, pp. 335–336). Based unpaginated) and Appendix I of the up to 50 wintering along the southern on the historical habitat descriptions, Convention on the Conservation of coast of Iran (Baccetti et al. 1996, p. 53; breeding sites occurred in the forest- Migratory Species of Wild Animals (also Boere and Yurlov 1998, p. 35; BLI 2006, steppe zone, although it is unknown known as CMS or Bonn Convention), p. 3; Hirschfeld 2008, p. 139). whether these sites were typical of the which encourages international No nesting birds have been found species; there is belief that the species cooperation for the conservation of since 1924, although in 1996 an adult may also breed in more northern areas species. slender-billed curlew in flight was in the southern taiga or in more Summary of Factors Affecting the reported west-north-west of Tara (Bojko southern areas in the northern parts of Slender-Billed Curlew and Nowak 1996, p. 79; Gretton et al. the steppe region (Belik 1994, pp. 37– 2002, p. 342). Juveniles were reported in 38; Danilenko et al. 1996, pp. 71, 76; A. Present or Threatened Destruction, 1998 and 1999, indicating that the Boere 2010, pers. comm.). Danilenko et Modification, or Curtailment of Habitat slender-billed curlew is still breeding al. (1996, p. 72) provided a more general or Range somewhere (Gretton et al. 2002, p. 335; habitat description taking into Breeding Grounds Schmidt 2009, p. 43). Between 1987 and consideration the historical descriptions 1995, 1 to 3 slender-billed curlews were and the marginal position of those sites Surveys of the forest-steppe area of regularly recorded in Merja Zergas described by Ushakav. This description Novosibirsk, Siberia in 1989 revealed a (Morocco), the last known regular is as follows: Open, locally wet areas considerable amount of arable land wintering site; however, it has not been with dense sedge or grass vegetation, interspersed with grazing land, birch recorded at this location since 1995 (van with patches of bare ground, relief woods, and marshes (Gretton 1991, p. der Have et al. 1998, p. 36; Gretton which is not flat (moderate elevations 35). Surveyors noted that in 1990 and 1996, p. 6; Chandrinos 2000, p. 2; and depressions), and with adjacent 1994 there were still substantial areas of Crockford 2009, p. 62). Most of the shrubs or woodland patches formed marsh at Krasnopervaya that were quite recent records have come from mostly by deciduous trees and/or pines. similar to that described by Ushakov, southeastern Europe in countries along Based on the early accounts, complete with possibly more trees being present the migration route (Chandrinos 2000, clutch sizes were found to be four eggs than in the early 1900s. By 1997, the unpaginated). However, the last per nest between May 11 and June 1, area had changed dramatically; the confirmed sighting of a slender-billed 1900. The young fledged in early July, remaining steppe plots on the higher curlew was in 2001 in Hungary and family groups of five to six birds parts of the marshes had been converted (Crockford 2009, p. 62; UNEP–AEWA were seen wandering around the marsh to wheat fields and the marsh itself 2009, unpaginated). in early August. Overall, slender-billed completely covered with young forest The most recent population estimate curlews were seen in their nesting (Boere and Yurlov 1998, p. 37). Boere is fewer than 50 birds (BLI 2006, p. 3; grounds in Siberia from mid-May until and Yurlov (1998, pp. 36–37) visited 7 Hirschfeld 2008, p. 139; BLI 2010, early August (Gretton et al. 2002, pp. of the 22 sites described by Danilenko unpaginated). Surveys were conducted 335–336). et al. (1996, p. 77), based on the current from 1987 through 2000 in various parts During seasonal migrations and in the understanding of what slender-billed of the species’ historic breeding range, winter months, the species is known to curlews require for breeding habitat, as which covered several thousand be more of a habitat generalist, using a the best potential localities for recording kilometers of habitat. No slender-billed variety of habitats, including steppe breeding slender-billed curlews. Of curlews were found during these survey grassland, saltmarsh, fishponds, these seven localities, they found that efforts (Gretton et al. 2002, p. 341; CMS brackish lagoons, saltpans, tidal four were completely destroyed by update 2004, p. 2). In 2009–10 a search mudflats, semidesert, brackish human activities such as overgrazing, to find this species within the non- wetlands, and sandy farmland near building of drainage/irrigation canals, breeding range began; this survey lagoons (Gretton 1991, p. 35; Hirschfeld and conversion into arable land. They involved teams of observers covering 35 2008, p. 139). also found that agricultural activities countries around the Mediterranean, There is little information on the diet drained the water table in many lakes, Middle East, and Indian subcontinent of this species. The birds at Merja Zerga stimulating the growth of trees on (UNEP–AEWA 2009, unpaginated). As (wintering ground in Morocco) have formerly wet marshes. of March 2010, no slender-billed been recorded eating earthworms and Threats on the breeding grounds are curlews have been found, which may tipulid larvae. Elsewhere, the species largely unknown due to the lack of mean the population is below an has been recorded eating other information on this species’ nesting absolute minimum to be able to recover (grasshoppers, earwigs, and beetles), localities. The impacts to the species (Boere 2010, pers. comm.). mollusks, and crustaceans (Gretton from habitat modification would vary Current breeding grounds are 1996, p. 7). depending on which habitat types are unknown. What is known about this used for nesting (Gretton 1996, p. 8). Conservation Status species’ nests and nesting habitat comes However, it should be noted that from the only two confirmed historical The slender-billed curlew is classified conversion to agriculture has not been accounts of slender-billed curlew nests. as critically endangered by the IUCN limited to the later 20th Century; from These accounts were both in the early and is listed CITES Appendix I. Species 1825–1858, the area under crops more 1900s and are described in four papers included in CITES Appendix I are the than doubled in Novosibirsk, Omsk, and by V.E. Ushakav that were later most endangered CITES-listed species. Tomsk (Gretton 1991, p. 36). translated. These nests were located in They are considered threatened with a wet marsh at Krasnoperovaya, south of extinction, and international trade is Passage Areas Tara, Siberia. The habitat was described permitted only under exceptional Passage areas are those sites along the as open marsh containing some birch circumstances, which generally migration route that the slender-billed (Betula) and marshy areas adjacent to precludes commercial trade. The curlew uses for resting and feeding.

VerDate Mar<15>2010 16:37 Aug 10, 2011 Jkt 223001 PO 00000 Frm 00024 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 50075

Because of the lack of occurrence data difficult, forcing birds to make longer played a substantial part in the decline for this species, it is difficult to assess nonstop flights and possibly using of this species, especially since many how important certain areas are to the suboptimal coastal sites (Gretton 1991, other wading birds using these areas species and fully analyze the effects of p. 35). have not shown such a decline (Gretton habitat modification; however there is 1996, pp. 7–8). Because Merja Zerga was Wintering Grounds evidence that modification has occurred the only known regular wintering site in Europe and Russia (Gretton 1991, p. Threats to potential wintering habitat for the species, and the species has not 33). Coastal passages in Russia and are summarized in the 1996 version of been recorded there since 1995, the Europe have been less modified than the International Action Plan for the situation on wintering grounds is hard inland wetlands; however, these Slender-billed Curlew (Gretton 1996, to assess. Although the loss of habitat wetlands provide only a small portion pp. 8–9). Parts of the wintering grounds does not fully explain the drastic of the species habitat needs as 75 (e.g., the Rharb plain of northwest reduction in this species, it certainly has percent or more of the slender-billed Morocco) have undergone extensive contributed to the decline as a curlew’s migration is over land (Gretton drainage of wetlands. Only a few secondary factor. 1991, p. 34). scattered lakes and marshes, such as There is evidence of habitat loss for Gretton (1991, p. 34) noted that the Merja Zerga, remain (Gretton 1991, p. the slender-billed curlew in breeding, conversion of the Russian steppe 35). Furthermore, in Tunisia, temporary passage, and wintering grounds, and habitat, within northwest Kazakhstan, to freshwater marshes of the Metbassta species experts name habitat loss as a arable agriculture may have region have been seriously damaged by threat to this species. With a population significantly affected the slender-billed construction of dams for flood control estimated at fewer than 50 birds, any curlew. Within the 20th Century, central and the provision of water supplies. Due loss of habitat could have a negative Europe experienced an immense loss of to the damming of several streams, it is impact on this species. However, the steppes and wetlands. For example, an expected that the region will dry more habitat loss described above is historical important passage area, the Pannonian frequently, reducing the suitability of and there is no information on habitat Plain, in southern Hungary and the the sites as foraging areas (van der Have currently used by the slender-billed former Yugoslavia has been almost et al. 1998, p.37). In other parts of North curlew for breeding, passage, or entirely converted to arable farmland. Africa, other types of wetlands have wintering grounds or habitat The only natural remnants remaining been less affected, including coastal modification within these areas. At this are those protected by a reserve status. sites and inland sites, such as temporary time, there is not enough information to In Hungary, these protected areas brackish wetlands. In the Middle East, adequately assess the current or combined comprise about 74,000 ha the permanent marshes in the central potential future threat of habitat (182, 858 ac) but are scattered among a (Qurnah) area were reduced to 40 modification or the impacts on this vast area of arable farmland. In the percent of their 1985 extent by 1992, species. Furthermore, other species of former Yugoslavia, the protected area from 1,133,000 ha to 457,000 ha waders that use the same type of habitat equals about 6,600 ha (16,309 ac), which (2,800,000 ac to 1,129,000 ac), with have not undergone drastic population is only one percent of the area once further loss expected (Gretton 1996, p. declines seen in the slender-billed comprised of steppes and wetlands 8). Although wintering grounds have curlew population. Therefore, we find (Gretton 1991, p. 34). experienced habitat modification, it is that present or threatened destruction, In the past, there have been records of not to the same extent as that of the modification, or curtailment of the slender-billed curlews from the Danube passage areas. habitat or range is not a threat to the floodplain (Nankinov 1991, p. 26). The In conclusion, this species annually continued existence of the slender- majority of marshes and floodplains migrates 5,000 to 6,500 km (3,100 to billed curlew throughout its range. along the Romanian Danube have been 4,000 mi) between its presumed drained. More recent sightings have breeding grounds in Siberia and the last B. Overutilization for Commercial, come from the Danube Delta and known wintering ground in Morocco, Recreational, Scientific, or Educational Dobrodja lagoons, which have remained passing though many European Purposes relatively intact. In Italy, during the late countries. Loss of breeding ground Being the largest waders, curlews are 20th Century, the area of arable habitat would better explain the drastic automatically a target for hunting, farmland drastically increased, and population decline, since the species is particularly as their meat is said to taste largely at the expense of steppe habitat thought to use a more specialized ‘‘extremely good’’ (Gretton 1991, p. 37). in the south. Furthermore, low-lying habitat for breeding. Belik (1994, p. 37) Large-scale hunting of waders was areas, such as the Valli di Comacchio, argued that the species may nest known to occur across most of Europe in Italy have been almost entirely primarily in steppe areas. If this is the during the early 20th Century, with drained and converted to agriculture case, then the species population curlews being preferred (Gretton 1996, (Gretton 1991, p. 34). decline would be better explained by p. 8). Although slender-billed curlews Gretton (1991, p. 34) also noted that the extensive loss of this habitat type, are half the weight of Eurasian curlews, Turkish wetlands had been threatened particularly in Kazakhstan (Gretton they are also subject to hunting due to with development in the late 20th 1996, p. 7). Many of the areas along the the similarity in appearance. Slender- Century. Also, some of the finest coastal migratory route, such as steppe areas in billed curlews have been seen and shot wetlands in Greece have been damaged central and eastern Europe, have with the use of decoys for Eurasian due to the creation of fish farms and experienced substantial anthropogenic curlews (Gretton 1991, p. 37). Because expansion of agriculture (Gretton 1991, impacts. Loss of passage sites may have the bulk of the species’ migration route p. 34). made migration difficult for this species, is over land, it is likely to be more at It is probable that the species especially if it is dependent on a series risk for hunting as inland sites are more historically used a series of traditional of traditional sites. However, since the accessible to man and thus have a passage sites for rest and feeding during species is thought to use a wide variety greater concentration of hunters migration. As these sites were drained of habitats along its migratory route and (Gretton 1991, p. 40). Furthermore, this or otherwise damaged, the slender- in its wintering grounds, it is unlikely species has a reputation for being billed curlew’s migration became more that habitat loss in these areas has ‘‘tame,’’ in that it does not show fear of

VerDate Mar<15>2010 16:37 Aug 10, 2011 Jkt 223001 PO 00000 Frm 00025 Fmt 4701 Sfmt 4700 E:\FR\FM\11AUR3.SGM 11AUR3 emcdonald on DSK2BSOYB1PROD with RULES3 50076 Federal Register / Vol. 76, No. 155 / Thursday, August 11, 2011 / Rules and Regulations

humans, and was easily targeted during also heavy and often unregulated in III(3)). Export permits are issued only if a hunt (Gretton 1996, p. 8). Turkey, Greece, the former Yugoslavia, findings are made that the specimen A significant number of slender-billed France, Spain, and Morocco. In Albania, was legally acquired and trade is not curlew specimens from the early 20th the economic situation is such that detrimental to the survival of the Century were from markets, notably curlews are likely at some risk due to species in the wild (CITES Article from Hungary and Italy (Gretton 1991, hunting. Although all curlew species are III(2)). pp. 37–38). Between 1962 and 1987, 17 protected in Bulgaria, there are On the same day the slender-billed slender-billed curlews were known to problems with poaching and curlew was listed in Appendix I, have been shot (13 of these in Italy and uncontrolled foreign hunters shooting Austria entered a reservation stating that former Yugoslovia) (Gretton 1996, p. 9). globally threatened species. Intense it would not be bound by the provisions Accurate hunting records are not hunting pressure in some areas of of CITES relating to trade of slender- available for this species. The only Greece puts adjacent areas historically billed curlew (CITES 2010b, records of shot slender-billed curlews used by slender-billed curlew at risk unpaginated). Since the species was first are those that reach museum from illegal encroachment by hunters. listed in CITES Appendix II in 1975, the collections; Gretton (1991, p. 37) Italy has problems with uncontrolled only CITES trade reported to the United estimates that these most likely hunting next to and within protected Nations Environment Programme— represent a small proportion, less than areas. Hunting is allowed in the World Conservation Monitoring Center one percent, of all specimens of this northern part of Merja Zerga, and as (UNEP–WCMC) occurred in 1986. Two species shot and sold and that stated above, a slender-billed curlew bodies were imported into Denmark thousands of this species were likely was shot and wounded there in 1989. from Austria, and then reexported from shot over Italy from 1880 to 1950. In Slender-billed curlews and other Denmark to Austria, for commercial and parts of North Africa, hunting pressure species of curlews are protected in scientific purposes (UNEP–WCMC 2010, was strong up to at least the 1970s Turkey, but other waders are not unpaginated). In 1989, Austria (Gretton 1996, p. 9). In Morocco, the protected and almost all waders are withdrew its reservation (CITES 2010b, slender-billed curlew has not only been liable to be shot as there is little unpaginated). Based on the low hunted by locals, but also by foreign awareness or enforcement of existing numbers of slender-billed curlew hunters via tourist agencies (Gretton laws (Gretton 1996, pp. 10–15). Given reported to be in trade, with no trade 1991, p. 38). One agency is known to the similarity in appearance to the reported since 1986, we believe that shoot regularly in the northern part of Eurasian curlew, what few slender- international trade is not a threat to the Merja Zerga. As late as 1980, one guide billed curlews remain are still species. Furthermore, we have no described the taking of ‘‘a great number’’ threatened by the continued legal and information indicating that illegal trade from a flock of about 500 in Morocco illegal hunting of curlews. is a threat to this species. (Gretton 1991, p. 38). In 1975, the slender-billed curlew was Information strongly indicates that listed on Appendix II of the Convention In summary, hunting has been hunting was a significant factor in the on International Trade in Endangered indicated as a factor in the range-wide decline of the slender-billed curlew. Species of Wild Fauna and Flora decline of this species during the first Furthermore, loss of habitat may have (CITES). CITES is an international half of the 20th century. Today, both concentrated this species in remaining agreement between governments to legal and illegal hunting of curlews is suitable areas making the species more ensure that the international trade of likely to still occur throughout the range vulnerable to hunting at these sites. CITES-listed plant and animal species of this species. Given the similarity in Although hunting played a significant does not threaten species’ survival in appearance with other curlew species role in the decline of slender-billed the wild. There are currently 175 CITES and its rarity value, the slender-billed curlews in the early 20th Century, it still Parties (member countries or signatories curlew is still at risk of hunting and poses a serious threat to the species to the Convention). Under this treaty, based on the very small population size (Gretton 1991, p. 41). Even after the CITES Parties regulate the import, and the long-range migratory habits of species became one of the rarest birds in export, and reexport of CITES-protected this species, loss of individual birds is Europe, 15 slender-billed curlews were plants and animal species (also see expected to have a significant impact on shot between 1962 and 1987 in 5 Factor D). Trade must be authorized the remaining population. Therefore, we countries. In at least two cases, the birds through a system of permits and find that overutilization is a threat to the were shot to obtain a scientific certificates that are provided by the continued existence of the slender- specimen; in the other cases, it is not designated CITES Scientific and billed curlew throughout its range. known whether the birds were Management Authorities of each CITES C. Disease or Predation purposely shot, but Gretton (1991, p. 41) Party (CITES 2010a, unpaginated). suggests that there is considerable In 1983, the slender-billed curlew was We are unaware of any threats due to interest in the species for its rarity uplisted to Appendix I of CITES. An disease or predation for this subspecies. value. Although it seems unlikely that a Appendix-I listing includes species As a result, we are not considering slender-billed curlew could be found threatened with extinction whose trade disease or predation to be contributing and shot with such a low population, in is permitted only under exceptional threats to the continued existence of the 1989 a slender-billed curlew was shot at circumstances, which generally slender-billed curlew. Merja Zerga in Morocco. precludes commercial trade. The import D. Inadequacy of Existing Regulatory In countries where the slender-billed of an Appendix-I species requires the Mechanisms curlew is protected from hunting, but issuance of both an import and export other curlews can be legally shot, the permit. Import permits are issued only As stated above, the slender-billed slender-billed curlew is still at risk if findings are made that the import curlew is listed on Annex I of the given the similarity of appearance and would be for purposes that are not European Union (EU) Wild Bird the inability of hunters to distinguish detrimental to the survival of the Directive, which includes protection for between species (Gretton 1991, p. 40). species in the wild and that the habitat, bans on activities that directly Italy has the most uncontrolled hunting specimen will not be used for primarily threaten wild birds, and a network of in Europe, although hunting pressure is commercial purposes (CITES Article protected areas for wild birds found

VerDate Mar<15>2010 16:37 Aug 10, 2011 Jkt 223001 PO 00000 Frm 00026 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 50077

within the EU (Europa Environment A Memorandum of Understanding existing regulatory mechanisms in 2009, unpaginated). (MOU) was developed under CMS preventing the extinction of this species. The slender-billed curlew is listed in auspices and became effective on Although progress is under way in Appendix I of CITES. CITES is an September 10, 1994. The MOU area various countries to better protect the international treaty among 175 nations, covers 30 Range States in Southern and habitat, prevent loss of individuals from including Albania, Algeria, Bulgaria, Eastern Europe, Northern Africa, and hunting and misidentification, and France, Greece, Hungary, Iran, Italy, the Middle East. The MOU has been educate the public about the precarious Kazakhstan, Morocco, Oman, Romania, signed by 18 Range States and 3 status of this species, not all 30 Range Russia, Saudi Arabia, Slovenia, Spain, cooperating organizations (CMS 2010, p. States of this species have signed the Tunisia, Turkey, Ukraine, Yemen, and 17). In early 1996, a status report was MOU (CMS 2009, unpaginated). the United States, entered into force in produced and distributed by the CMS Furthermore, many of the range 1975. In the United States, CITES is Secretariat. An International Action countries have provisions in place to implemented through the U.S. Plan for the Conservation of the protect the slender-billed curlew; Endangered Species Act of 1973, as Slender-billed Curlew was prepared by however, legal and illegal hunting amended. The Secretary of the Interior BLI in 1996, which was later approved continues to be a threat to the species has delegated the Department’s by the European Commission and (See Factor B). In countries where the responsibility for CITES to the Director endorsed by the Fifth Meeting of the slender-billed curlew is protected from of the Service and established the CITES CMS. The Action Plan is the main tool hunting, but other curlews can be Scientific and Management Authorities for conservation activities for the legally shot, the slender-billed curlew is to implement the treaty. Under this species under the MOU. Conservation still at risk given the similarity of treaty, member countries work together priorities include: effective legal appearance and the inability of hunters to ensure that international trade in protection for the slender-billed curlew to distinguish between species (Gretton animal and plant species is not and its look-alikes; locating its breeding 1991, p. 40). In addition, enforcement of detrimental to the survival of wild grounds and key wintering and passage existing laws is also a problem in many populations by regulating the import, sites; appropriate protection and countries (See Factor B). Therefore, we export, and reexport of CITES-listed management of its habitat; and find that the inadequacy of existing animal and plant species. As discussed increasing the awareness of politicians regulatory mechanisms is a threat to the under Factor B, we do not consider in the affected countries (CMS 2009, continued existence of the slender- international trade to be a threat unpaginated). billed curlew throughout its range. The CMS Web site (CMS 2004) impacting this species. Therefore, E. Other Natural or Manmade Factors protection under this Treaty is an includes an update on the progress being made under the Slender-billed Affecting the Species’ Continued adequate regulatory mechanism. curlew MOU. It states that conservation Existence The Wild Bird Conservation Act activities have already been undertaken The status of the slender-billed (WBCA) provides restrictions on the or are under way in Albania, Bulgaria, curlew is extremely precarious. As importation of slender-billed curlew Greece, Italy, Morocco, the Russian stated above, the most recent population into the United States. The purpose of Federation, Ukraine, and Iran (CMS estimate for this species is fewer than 50 the WBCA is to promote the 2009, unpaginated). However, no details birds. Most sightings of this species in conservation of exotic birds by ensuring of these activities are provided. the 1990s were of groups consisting of that all imports to the United States of In Algeria, Tunisia, and Turkey, the no more than three birds, and the last exotic birds is biologically sustainable slender-billed curlew is protected confirmed sighting of a slender-billed and is not detrimental to the species. (Gretton 1996, pp. 10, 14); however, we curlew was of a single bird in 2001. The WBCA generally restricts the have been unable to determine under Small, isolated populations may importation of most CITES-listed live or what laws it is protected or the experience decreased demographic dead exotic birds except for certain provisions of the protection. All viability (population birth and death limited purposes such as zoological Numenius species are protected, along rates, immigration and emigration rates, display or cooperative breeding with most other waders, in Bulgaria and sex ratios), increased susceptibility programs. Import of dead specimens is under Ordinance 342, 21/4/86. The of extinction from stochastic allowed for scientific specimens and penalty for shooting a slender-billed environmental factors (e.g., weather museum specimens. To date, no request curlew is approximately 450 U.S. events, disease), and an increased threat for importation of slender-billed curlew dollars (USD) (Gretton 1996, p. 10). The of extinction from genetic isolation and into the United States has been slender-billed curlew is also protected subsequent inbreeding depression and received. in Greece and Hungary with penalties of genetic drift. In smaller populations, This species is also listed in 300–3,000 USD and 1,185 USD with additional threats to persistence and Appendix I of the CMS or Bonn potentially one year in jail, respectively stability often surface, which can further Convention, which includes species (Gretton 1996, p. 11). In the Islamic lead to instability of population threatened with extinction. This Republic of Iran, hunting of waders is dynamics. Among these factors are rates convention encourages international not allowed and all species of waders of mate acquisition, breeding success, cooperation for the conservation of are protected (Behrouzi-Rad 1991, p. transmission of genetic material, species. Inclusion in Appendix I of CMS 33). Curlews are not listed as legal dispersal, survival, and sex means that member states work toward quarry species in Italy, and are thus determination. Further, fluctuations in strict protection, conserving and considered protected by Gretton (1996, rates can couple with reduction in restoring the habitat of the species, p. 12). All curlew species are protected growth rates to act synergistically (Lacy controlling other reasons for in Morocco; however, other species of 2000, pp. 39–40). endangerment, and mitigating obstacles waders are not (Gretton 1996, p. 13). Due to the distance of annual to migration, whereas Appendix II Based on the lack of information migration, the geographic spread of the encourages multistate and regional available on this species (location of range, and the limited numbers of birds, cooperation for conservation (CMS breeding and wintering areas), it is the slender-billed curlew is likely 2009, unpaginated). difficult to assess the adequacy of vulnerable to one or more threats

VerDate Mar<15>2010 16:37 Aug 10, 2011 Jkt 223001 PO 00000 Frm 00027 Fmt 4701 Sfmt 4700 E:\FR\FM\11AUR3.SGM 11AUR3 emcdonald on DSK2BSOYB1PROD with RULES3 50078 Federal Register / Vol. 76, No. 155 / Thursday, August 11, 2011 / Rules and Regulations

associated with small population size. increase in precipitation (Maclean et al. curlews is lacking, based on historical Early records of this species often 2008, pp. 16, 18). occurrence records nesting areas could referred to large flocks on migration and The warming in northern Europe is be further threatened by agriculture in winter. Based on what we know of likely to be highest in winter with an expansion, and the amount of essential other similar migratory bird species, it increase of almost 10 °C (18 °F). In the wetlands along passage and wintering is likely that the experience of older Mediterranean, the warming is areas could be significantly decreased. birds was important in guiding such predicted to be highest in summer with Therefore, we find that natural and flocks along the migration route. As a predicted increase of 5 °C (9 °F). manmade factors are threats to the slender-billed curlew numbers declined, Annual rainfall is likely to increase in continued existence of the slender- individuals would be more likely to join most of northern Europe, but decrease billed curlew throughout its range. flocks of other species, notably the in most of the Mediterranean area. In Status Determination for the Slender- Eurasian curlew. The chances of general, increases will be more Billed Curlew slender-billed curlews meeting each pronounced in winter, whereas other on the breeding grounds would decreases will be more pronounced in We have carefully assessed the best become increasingly low (as was summer. By 2100, southern Spain and available scientific and commercial described for the Eskimo curlew by Greece are expected to experience information regarding the past, present, Bodsworth in 1954). The smaller the decreases in rainfall of 15–30 percent and potential future threats faced by the population, the less likely it is that this (Maclean et al. 2008, pp. 16, 18). slender-billed curlew. The species is species would be able to locate another All of Africa is expected to be warmer currently at risk throughout all of its slender-billed curlew and successfully this century and the annual average range due to ongoing threats of reproduce. Since this species has not warming throughout the continent overutilization for commercial, been recorded on the only known higher than the global average. By 2065, recreational, scientific, or educational historic breeding grounds for a number coastal Africa temperature is expected purposes in the form of hunting (Factor of years (Gretton 1996, p. 6), it is to increase by 1.5–3 °C (2.7–5.4 °F). B) and threats associated with small difficult to assess whether a breakdown Rainfall is predicted to decrease, with population size (Factor E). Furthermore, of social behavior patterns has already the Mediterranean coast experiencing we have determined that the existing occurred. less than half the present annual rainfall regulatory mechanisms (Factor D) are Migrant waterbirds are particularly (Maclean et al. 2008, pp. 15, 17) not adequate to ameliorate the threat of vulnerable to climate change due to In addition to increases in hunting to the species. their reliance on a network of dispersed temperature and fluctuations in rainfall, Section 3 of the Act defines an sites between which they must travel. sea-level is projected to rise by 18 to 59 ‘‘endangered species’’ as ‘‘any species Wetlands are one of the habitats likely cm during the 21st Century, with an which is in danger of extinction to be most affected by climate change. estimate of approximately 4 mm per throughout all or a significant portion of Additionally, timing of migration year (Maclean et al. 2008, p. 19). its range’’ and a ‘‘threatened species’’ as between sites is extremely important as However, it should be noted that these ‘‘any species which is likely to become they must arrive at certain sites in time estimates do not incorporate uncertainty an endangered species within the to benefit from resource abundance in certain factors, such as ice sheet flow. foreseeable future throughout all or a (Maclean et al. 2008, p. 22). Migration In light of these predictions associated significant portion of its range.’’ routes could also be affected by the with climate change, slender-billed The status of the slender-billed amount and location of suitable habitat. curlew nesting habitat may be curlew is difficult to assess; species The slender-billed curlew was found by threatened by the expansion of records and threats to the species are Maclean et al. (2008, p. 57) to be agriculture into areas formally too cold largely historical, the species has not critically threatened by climate change, for farming. Additionally, wintering been recorded since 2001, and recent after factoring in population size, range habitat is likely to be threatened, to studies have concentrated on locating size, fragmentation, habitat, and food some degree, by sea-level rise, but more the species rather than current threats to requirements. so by drier conditions in the the species. However, total population It is predicted that the annual mean Mediterranean and Black Seas areas, for slender-billed curlew is estimated at temperatures in Asia Minor (Turkey and which may reduce the area covered by fewer than 50 individuals. With a Albania), the Middle East, and Europe wetlands (Maclean et al. 2008, p. 63). population of this size, the population will increase more than the global mean In summary, breakdown of social may be below an absolute minimum to (Maclean et al. 2008, pp. 15–16). Within behavior patterns is increasingly likely be able to recover, and genetic impacts Asia Minor and the Middle East, to occur in addition to the general and a breakdown of social behaviors temperature increases are predicted to threats posed by small population size will naturally occur, putting the species be greater during the summer than such as increased susceptibility to at a higher risk of extinction. winter and greater inland than coastal demographic, environmental, and Furthermore, the slender-billed curlew areas. Changes are predicted to be genetic stochasticity, as this species’ is at risk of being hunted either for its between 2–7 degree Celsius (°C) (3.6– population levels decline. Because so rarity value or due to the inability of 12.6 degrees Fahrenheit (°F)), depending few individuals have been found in hunters to distinguish between curlew on the season and area. Asia Minor is recent years, it is difficult to assess species. Any loss of individuals from predicted to experience significant whether the breakdown of social the remaining population would have a decreases in rainfall, with a 20–30 behavior patterns has already occurred. significant effect on the species’ ability percent decrease in summer and a 15– However, given the species’ low to recover. At this time, regulatory 25 percent decrease in the winter. The numbers, this and other threats of small mechanisms, although in place, appear northern Middle East is predicted to population size could already be to be inadequate as the slender-billed experience 30–50 percent reductions occurring. Additionally, climate change curlew is still threatened with legal and during the summer, but no major change could potentially alter slender-billed illegal hunting. Based on the magnitude during the winter. The southern Arabian curlew habitat such that it negatively of the ongoing threats to the extremely Peninsula is predicted to be wetter impacts the species. Although data on small population of slender-billed throughout the year with a 5–20 percent habitat currently used by slender-billed curlew throughout its entire range, as

VerDate Mar<15>2010 16:37 Aug 10, 2011 Jkt 223001 PO 00000 Frm 00028 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 50079

described above, we determine that this The Act and its implementing of the Act. We published a notice species is in danger of extinction regulations set forth a series of general outlining our reasons for this throughout all of its range. Therefore, on prohibitions and exceptions that apply determination in the Federal Register the basis of the best available scientific to all endangered and threatened on October 25, 1983 (48 FR 49244). and commercial information, we are wildlife. As such, these prohibitions are References Cited listing the slender-billed curlew as an applicable to the Cantabrian endangered species throughout all of its capercaillie, Marquesan imperial A complete list of all references cited range. Because we find that the slender- pigeon, Eiao Marquesas reed-warbler, in this final rule is available on the billed curlew is endangered throughout greater adjutant, Jerdon’s courser, and Internet at http://www.regulations.gov at all of its range, there is no reason to slender-billed curlew. These Docket No. FWS–R9–ES–2009–0084 or consider its status in a significant prohibitions, under 50 CFR 17.21, make upon request from the Endangered portion of its range. it illegal for any person subject to the Species Program, U.S. Fish and Wildlife Available Conservation Measures jurisdiction of the United States to Service (see the FOR FURTHER ‘‘take’’ (take includes harass, harm, INFORMATION CONTACT section). Conservation measures provided to pursue, hunt, shoot, wound, kill, trap, species listed as endangered or capture, collect, or to attempt any of Author threatened under the Act include these) within the United States or upon The primary author of this final rule recognition, requirements for Federal the high seas, import or export, deliver, is staff of the Branch of Foreign Species, protection, and prohibitions against receive, carry, transport, or ship in Endangered Species Program, U.S. Fish certain practices. Recognition through interstate or foreign commerce in the and Wildlife Service, 4401 N. Fairfax listing results in public awareness, and course of a commercial activity, or to Drive, Arlington, Virginia 22203. encourages and results in conservation sell or offer for sale in interstate or actions by Federal and foreign foreign commerce, any endangered List of Subjects in 50 CFR Part 17 governments, private agencies and wildlife species. It also is illegal to Endangered and threatened species, interest groups, and individuals. possess, sell, deliver, carry, transport, or Exports, Imports, Reporting and Section 7(a) of the Act, as amended, ship any such wildlife that has been recordkeeping requirements, and as implemented by regulations at 50 taken in violation of the Act. Certain Transportation. CFR part 402, requires Federal agencies exceptions apply to agents of the to evaluate their actions within the Service and State conservation agencies. Regulation Promulgation United States or on the high seas with We may issue permits to carry out respect to any species that is proposed Accordingly, we amend part 17, otherwise prohibited activities subchapter B of chapter I, title 50 of the or listed as endangered or threatened, involving endangered and threatened and with respect to its critical habitat, Code of Federal Regulations, as set forth wildlife species under certain below: if any is being designated. However, circumstances. Regulations governing given that the Cantabrian capercaillie, permits are codified at 50 CFR 17.22, for PART 17—[AMENDED] Marquesan imperial pigeon, Eiao endangered species, and 17.32 for Marquesas reed-warbler, greater threatened species. With regard to ■ 1. The authority citation for part 17 adjutant, Jerdon’s courser, and slender- endangered wildlife, a permit may be continues to read as follows: billed curlew are not native to the issued for the following purposes: for United States, we are not proposing Authority: 16 U.S.C. 1361–1407; 16 U.S.C. scientific purposes, to enhance the critical habitat for these species under 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– propagation or survival of the species, 625, 100 Stat. 3500; unless otherwise noted. section 4 of the Act. and for incidental take in connection Section 8(a) of the Act allows limited ■ 2. Amend § 17.11(h) by adding new with otherwise lawful activities. financial assistance for the development entries for ‘‘Adjutant, greater,’’ and management of programs that the Required Determinations ‘‘Capercaillie, Cantabrian,’’ ‘‘Courser, Secretary of the Interior determines to Jerdon’s,’’ ‘‘Curlew, slender-billed,’’ National Environmental Policy Act be necessary or useful for the ‘‘Pigeon, Marquesan imperial,’’ and (NEPA) conservation of endangered and ‘‘Warbler, Eiao Marquesas reed-’’ in threatened species in foreign countries. We have determined that alphabetical order under BIRDS to the Sections 8(b) and 8(c) of the Act environmental assessments and List of Endangered and Threatened authorize the Secretary to encourage environmental impact statements, as Wildlife as follows: conservation programs for foreign defined under the authority of the endangered species and to provide National Environmental Policy Act of § 17.11 Endangered and threatened assistance for such programs in the form 1969 (42 U.S.C. 4321 et seq.), need not wildlife. of personnel and the training of be prepared in connection with * * * * * personnel. regulations adopted under section 4(a) (h) * * *

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

******* BIRDS

******* Adjutant, greater ..... Leptoptilos dubius ...... Entire ...... E 783 NA NA

VerDate Mar<15>2010 16:37 Aug 10, 2011 Jkt 223001 PO 00000 Frm 00029 Fmt 4701 Sfmt 4700 E:\FR\FM\11AUR3.SGM 11AUR3 emcdonald on DSK2BSOYB1PROD with RULES3 50080 Federal Register / Vol. 76, No. 155 / Thursday, August 11, 2011 / Rules and Regulations

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

******* Capercaillie, Tetrao urogallus ...... Entire ...... E 783 NA NA Cantabrian. cantabricus.

******* Courser, Jerdon’s ... Rhinoptilus India ...... Entire ...... E 783 NA NA bitorquatus.

******* Curlew, slender- Numenius ...... Entire ...... E 783 NA NA billed. tenuirostris.

******* Pigeon, Marquesan Ducula galeata ...... French Polynesia ... Entire ...... E 783 NA NA imperial.

******* Warbler, Eiao Mar- Acrocephalus ...... Entire ...... E 783 NA NA quesas reed-. percernis aquilonis.

*******

Dated: June 21, 2011. Gregory E. Siekaniec, Acting Director, Fish and Wildlife Service. [FR Doc. 2011–19953 Filed 8–10–11; 8:45 am] BILLING CODE 4310–55–P

VerDate Mar<15>2010 16:37 Aug 10, 2011 Jkt 223001 PO 00000 Frm 00030 Fmt 4701 Sfmt 9990 E:\FR\FM\11AUR3.SGM 11AUR3 emcdonald on DSK2BSOYB1PROD with RULES3