Vol. 79 Tuesday, No. 121 June 24, 2014 Part III Department of the Interior Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Three Foreign Parrot Species; Final Rule VerDate Mar<15>2010 18:22 Jun 23, 2014 Jkt 232001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\24JNR3.SGM 24JNR3 mstockstill on DSK4VPTVN1PROD with RULES3 35870 Federal Register / Vol. 79, No. 121 / Tuesday, June 24, 2014 / Rules and Regulations DEPARTMENT OF THE INTERIOR degradation and poaching for the pet Petition History trade, which are the primary threats to On January 31, 2008, the Service Fish and Wildlife Service the continued survival of these species. received a petition dated January 29, 2008, from Friends of Animals, as 50 CFR Part 17 II. Major Provisions of the Regulatory Action represented by the Environmental Law [Docket No. FWS–R9–ES–2010–0099; 450 Clinic, University of Denver, Sturm 003 0115] This action lists the Philippine College of Law, requesting that we list RIN 1018–AX50 cockatoo and the yellow-crested 14 parrot species under the ESA. The cockatoo as endangered on the List of petition clearly identified itself as a Endangered and Threatened Wildlife Endangered and Threatened Wildlife at petition and included the requisite and Plants; Three Foreign Parrot 50 CFR 17.11(h). This action also lists information required in the Code of Species the white cockatoo as threatened on the Federal Regulations (50 CFR 424.14(a)). List of Endangered and Threatened On July 14, 2009 (74 FR 33957), we AGENCY: Fish and Wildlife Service, Wildlife at 50 CFR 17.11(h), and allows published a 90-day finding in which we Interior. the import into and export from the determined that the petition presented ACTION: Final rule. United States of certain captive-bred substantial scientific and commercial white cockatoos, and allows certain acts information to indicate that listing may SUMMARY: We, the U.S. Fish and in interstate commerce of white be warranted for 12 of the 14 parrot Wildlife Service (Service), announce a cockatoos, without a permit under 50 species. final rule to list the Philippine cockatoo CFR 17.32. In our 90-day finding on this petition, (Cacatua haematuropygia) and the we announced the initiation of a status yellow-crested cockatoo (C. sulphurea) Background review to list as endangered or as endangered, and to list the white The Endangered Species Act of 1973, threatened under the ESA the following cockatoo (C. alba) as threatened under 12 parrot species: Blue-headed macaw the Endangered Species Act of 1973, as as amended (Act) (16 U.S.C. 1531 et seq.), is a law that was passed to prevent (Primolius couloni), crimson shining amended (ESA). We are taking these parrot (Prosopeia splendens), great actions in response to a petition to list extinction of species by providing measures to help alleviate the loss of green macaw (Ara ambiguus), grey- these three cockatoo species as cheeked parakeet (Brotogeris endangered or threatened under the species and their habitats. Before a plant or animal species can receive the pyrrhoptera), hyacinth macaw ESA. We also finalize the special rule (Anodorhynchus hyacinthinus), military for the white cockatoo in conjunction protection provided by the Act, it must first be added to the Federal List of macaw (Ara militaris), Philippine with our final listing as threatened for cockatoo (Cacatua haematuropygia), this species. Endangered and Threatened Wildlife or the Federal List of Endangered and red-crowned parrot (Amazona DATES: This final action will be effective Threatened Plants. Section 4 of the Act viridigenalis), scarlet macaw (Ara on July 24, 2014. and its implementing regulations at 50 macao), white cockatoo (Cacatua alba), ADDRESSES: This final rule is available CFR part 424 set forth the procedures yellow-billed parrot (Amazona collaria), on the Internet at http:// for adding species to these lists. and yellow-crested cockatoo (Cacatua www.regulations.gov at Docket No. sulphurea). We initiated the status FWS–R9–ES–2010–0099. Comments Previous Federal Actions review to determine if listing each of the and materials we received, as well as 12 species is warranted, and initiated a In our proposed rule, published supporting documentation used in the 60-day public comment period to allow August 9, 2011 (76 FR 49202), we preparation of this rule, are available for all interested parties an opportunity to announced that listing the Philippine public inspection, by appointment, provide information on the status of cockatoo and yellow-crested cockatoo as during normal business hours at: U.S. these 12 species of parrots. The public endangered was warranted, and we Fish and Wildlife Service, 4401 N. comment period closed on September issued a proposed rule to add these two Fairfax Drive, Suite 400, Arlington, VA 14, 2009. species as endangered on the List of 22203. On October 24, 2009, and December 2, Endangered and Threatened Wildlife at 2009, the Service received a 60-day FOR FURTHER INFORMATION CONTACT: 50 CFR 17.11(h). We found that listing Janine Van Norman, Chief, Branch of notice of intent to sue from Friends of the crimson shining parrot (Prosopeia Animals and WildEarth Guardians, for Foreign Species, Ecological Services splendens) as endangered or threatened Program, U.S. Fish and Wildlife Service, failure to issue 12-month findings on was not warranted. We further found the petition. On March 2, 2010, Friends 4401 North Fairfax Drive, Room 420, that listing the white cockatoo as Arlington, VA 22203; telephone 703– of Animals and WildEarth Guardians threatened was warranted, and we filed suit against the Service for failure 358–2171. If you use a issued a proposed rule to add that telecommunications device for the deaf to make timely 12-month findings species as threatened on the List of within the statutory deadline of the Act (TDD), call the Federal Information Endangered and Threatened Wildlife at Relay Service (FIRS) at 800–877–8339. on the petition to list the 14 species 50 CFR 17.11(h) as well as a proposed (Friends of Animals, et al. v. Salazar, SUPPLEMENTARY INFORMATION: special rule under section 4(d) of the Case No. 10 CV 00357 D.D.C.). Executive Summary Act for white cockatoo. On July 21, 2010, a settlement During the public comment period, agreement was approved by the Court I. Purpose of the Regulatory Action which ended on October 11, 2011, we (Friends of Animals, et al. v. Salazar, We are listing the Philippine cockatoo received 234 comments from the public Case No. 10 CV 00357 D.D.C.), in which and the yellow-crested cockatoo as (see http://www.regulations.gov, docket the Service agreed to submit to the endangered and the white cockatoo as number FWS–R9–ES–2010–0099). All Federal Register by July 29, 2011, threatened under the Endangered comments, including names and September 30, 2011, and November 30, Species Act (Act) (16 U.S.C. 1531 et addresses of commenters, have become 2011, determinations whether the seq.) because of habitat loss and part of the administrative record. petitioned action is warranted, not VerDate Mar<15>2010 18:22 Jun 23, 2014 Jkt 232001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\24JNR3.SGM 24JNR3 mstockstill on DSK4VPTVN1PROD with RULES3 Federal Register / Vol. 79, No. 121 / Tuesday, June 24, 2014 / Rules and Regulations 35871 warranted, or warranted but precluded commenters objected to the rule, average weight of the sulphur-crested by other listing actions for no less than although many of the commenters did cockatoo is more than twice that of 4 of the petitioned species on each date. not appear to understand the criteria for yellow-crested cockatoo, and the On August 9, 2011, the Service listing under the Act. Therefore, we are sulphur crested cockatoo length is an published in the Federal Register a 12- providing clarification below. Many average 50 cm (19.69 inches), while the month status review finding for the comments either simply opposed or yellow-crested average length is 33 cm crimson shining parrot (a finding that objected without providing scientific or (13 in). The Service’s Division of Law listing was not warranted) and a commercial information. The following Enforcement is aware of both the proposed rule for the following three summarizes the comments received and similarity of appearance and the parrot species: Philippine cockatoo, our responses. differences in legal status of these two white cockatoo, and yellow-crested species. Both species receive protections cockatoo (76 FR 49202). Comments Regarding Special 4(d) Rule under the Convention on International On October 6, 2011, we published a Many commenters, while not opposed Trade in Endangered Species of Wild 12-month status review finding for the to the listing of the species, asked for a Fauna and Flora (CITES) and the Wild red-crowned parrot (76 FR 62016); on special rule under section 4(d) of the Bird Conservation Act (WBCA). See October 11, 2011, we published a 12- Act (also called a ‘‘4(d) rule’’) that Conservation Status for the Philippine month status review and proposed rule would allow interstate trade of these Cockatoo section for a discussion of for the yellow-billed parrot (76 FR species to occur. these two regulatory mechanisms. To 62740); and on October 12, 2011, we assist pet owners in identifying their Response published a 12-month status review for cockatoo, we have developed a factsheet the blue-headed macaw and grey- Section 4(d) of the Act allows the which is available on our Web site. cheeked parakeet (76 FR 63480). Service to establish special regulations Please visit http://www.fws.gov/ On September 16, 2011, an extension only for species determined to be endangered for additional information.