Tuesday, December 28, 2010

Part IV

Department of the Interior and Wildlife Service

50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Listing Seven Brazilian as Endangered Throughout Their Range; Final Rule

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DEPARTMENT OF THE INTERIOR erythronotos), Brazilian merganser 1980 petition, we published a ( octosetaceus), cherry-throated substantial 90-day finding on May 12, Fish and Wildlife Service (Nemosia rourei), fringe-backed 1981 (46 FR 26464), for 58 foreign fire-eye (Pyriglena atra), Kaempfer’s species and initiated a status review. 50 CFR Part 17 tody-tyrant (Hemitriccus kaempferi), On January 20, 1984 (49 FR 2485), we published a 12-month finding within an [FWS–R9–IA–2009–0028; 92210–1111– Margaretta’s hermit (Phaethornis 0000–B6] malaris margarettae), and southeastern annual review on pending petitions and rufous-vented ground- description of progress on all pending RIN 1018–AV74 (Neomorphus geoffroyi dulcis)—as petition findings. In that notice, we endangered under the Endangered found that all 58 foreign bird species Endangered and Threatened Wildlife Species Act of 1973, as amended (Act; from the 1980 petition were warranted and Plants; Listing Seven Brazilian 16 U.S.C. 1531 et seq.). All of the above but precluded by higher priority listing Bird Species as Endangered species are found in the , actions. On May 10, 1985, we published Throughout Their Range with the exception of the Brazilian an annual notice (50 FR 19761), in AGENCY: Fish and Wildlife Service, merganser, which is also found in the which we continued to find that listing Interior. Cerrado Biome. all 58 foreign bird species from the 1980 ACTION: Final rule. We opened the public comment petition was warranted but precluded. period on the proposed rule for 60 days, We published additional annual notices SUMMARY: We, the U.S. Fish and ending October 13, 2009, to allow all on the 58 species included in the 1980 Wildlife Service (Service), determine interested parties an opportunity to petition on January 9, 1986 (51 FR 996); endangered status for the following comment on the proposed rule. July 7, 1988 (53 FR 25511); December seven Brazilian bird species and We are addressing the seven Brazilian 29, 1988 (53 FR 52746); April 25, 1990 subspecies (collectively referred to as bird species identified above under a (55 FR 17475); November 21, 1991 (56 ‘‘species’’ for purposes of this rule) single rule for three reasons. First, all of FR 58664); and May 21, 2004 (69 FR under the Endangered Species Act of these species are found in the Atlantic 29354). These notices indicated that the 1973, as amended (Act) (16 U.S.C. 1531 Forest Biome and Cerrado Biome; thus, black-hooded antwren, cherry-throated et seq.): Black-hooded antwren it is reasonable to address them together tanager, fringe-backed fire-eye, (Formicivora erythronotos), Brazilian within a regional conservation Margaretta’s hermit, and southeastern merganser (Mergus octosetaceus), perspective. Biomes are large geographic rufous-vented ground-cuckoo, along cherry-throated tanager (Nemosia areas such as forests and deserts which with the remaining species in the 1980 rourei), fringe-backed fire-eye (Pyriglena share similar climate and geography and petition, continued to be warranted but atra), Kaempfer’s tody-tyrant consist of similar naturally occurring precluded. (Hemitriccus kaempferi), Margaretta’s vegetation and fauna. Second, each of On May 6, 1991, we received a second hermit hummingbird (Phaethornis these seven species is subject to similar petition (the 1991 petition) from ICBP to malaris margarettae), and southeastern threats of comparable magnitude. The add an additional 53 foreign bird rufous-vented ground-cuckoo major threat to these species is the loss species to the List of Endangered and (Neomorphus geoffroyi dulcis). and degradation of habitat due to Threatened Wildlife, including the 2 and other ongoing remaining Brazilian bird species DATES: This rule becomes effective development practices affecting (Brazilian merganser and Kaempfer’s January 27, 2011. southeastern , as well as tody-tyrant) that are the subject of this ADDRESSES: This final rule is available associated threats due to severely rule. In response to the 1991 petition, on the Internet at http:// restricted distributions of these species we published a substantial 90-day www.regulations.gov. Comments and and small, declining populations (such finding on December 16, 1991 (56 FR materials received, as well as supporting as potential loss of genetic viability). 65207), for all 53 species and initiated documentation used in the preparation Third, combining species that face a status review. On March 28, 1994 (59 of this rule, will be available for public similar threats within the same general FR 14496), we published a 12-month inspection, by appointment, during geographic area into one rule allows us finding on the 1991 petition, along with normal business hours at: U.S. Fish and to maximize our limited staff resources, a proposed rule to list 30 African Wildlife Service, Endangered Species thus increasing our ability to complete under the Act (15 each from the 1980 Program, 4401 N. Fairfax Drive, Suite the listing process for warranted-but- petition and 1991 petition). In that 400, Arlington, VA 22203. precluded species. document, we announced our finding FOR FURTHER INFORMATION CONTACT: that listing the remaining 38 species Previous Federal Actions Janine Van Norman, Chief, Branch of from the 1991 petition, including the Foreign Species, Endangered Species On November 28, 1980, we received Brazilian merganser and Kaempfer’s Program, U.S. Fish and Wildlife Service, a petition (the 1980 petition) from Dr. tody-tyrant, was warranted but 4401 North Fairfax Drive, Room 420, Warren B. King, Chairman, United precluded by higher priority listing Arlington, VA 22203; telephone 703– States Section of the International actions. We made a subsequent 358–2171; facsimile 703–358–1735. If Council for Bird Preservation (ICBP), to warranted-but-precluded finding for all you use a telecommunications device add 60 foreign bird species to the List outstanding foreign species from the for the deaf (TDD), call the Federal of Endangered and Threatened Wildlife 1980 and 1991 petitions, including the Information Relay Service (FIRS) at (50 CFR 17.11(h)), including 5 of the 7 seven Brazilian bird species that are the 800–877–8339. Brazilian bird species (black-hooded subject of this final rule, as published in SUPPLEMENTARY INFORMATION: antwren, cherry-throated tanager, fringe- our annual notice of review (ANOR) on backed fire-eye, Margaretta’s hermit, May 21, 2004 (69 FR 29354). Background and southeastern rufous-vented ground- Per the Service’s listing priority On August 12, 2009, we published a cuckoo) that are the subject of this final guidelines (September 21, 1983; 48 FR proposed rule (74 FR 154) to list the rule. Two other foreign species 43098), our 2007 ANOR (72 FR 20183, following seven Brazilian bird species— identified in the petition were already April 23, 2007) identified the listing black-hooded antwren (Formicivora listed under the Act. In response to the priority numbers (LPNs) (ranging from 1

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to 12) for all outstanding foreign Summary of Comments and reviewers generally agreed that the species. The LPNs for the seven Recommendations description of the biology and habitat Brazilian bird species that are the In the proposed rule published on for each species was accurate and based subject of this final rule are as follows: August 12, 2009 (74 FR 154), we on the best available information. New The black-hooded antwren, Brazilian requested that all interested parties location data were provided for the merganser, cherry-throated tanager, submit information that might Brazilian merganser and the cherry- fringe-backed fire-eye, and Kaempfer’s contribute to the development of a final throated tanager, and we incorporated tody-tyrant are LPN 2; and the rule. We also contacted appropriate the information into the rulemaking as Margaretta’s hermit and southeastern scientific experts and organizations and appropriate. rufous-vented ground-cuckoo are LPN 3. invited them to comment on the Atlantic Forest and Cerrado Biome— Listing priorities of 2 and 3 indicate that proposed listings. We received four Habitat Descriptions the subject species and subspecies, comments on the proposed rule, respectively, face imminent threats of The Atlantic Forest Biome and the including two from peer reviewers and Cerrado Biome, in which all of these high magnitude. With the exception of two from the public. One comment from listing priority ranking of 1, which species occur, are two main ecological the public expressed support for the regions that exist almost entirely in addresses monotypic genera that face proposed listings but provided no imminent threats of high magnitude, Brazil. The Atlantic Forest extends substantive information. Based on our along the Atlantic coast of Brazil from categories 2 and 3 represent the request in our proposed rule for Service’s highest priorities. Rio Grande do Norte in the north to Rio information on climate change, this Grande do Sul in the south, and inland On July 29, 2008 (73 FR 44062), we commenter requested that we take as far as Paraguay and Misiones published in the Federal Register a climate change into account when Province of northeastern Argentina notice announcing our annual petition evaluating threats to the cherry-throated (Morellato and Haddad 2000, pp. 786– findings for foreign species. In that tanager, and cited Birdlife 787; Conservation International 2007a, notice, we announced listing to be International’s Web site for this species. p. 1; Ho¨fling 2007, p. 1). The Atlantic warranted for 30 foreign bird species, The science of climate change is still Forest extends up to 600 km (373 mi) including the seven Brazilian bird uncertain, particularly with respect to west of the Atlantic Ocean. It consists of species which are the subject of this how it will affect the long-term tropical and subtropical moist forests, final rule, and stated that we would persistence of protected species as well tropical dry forests, and mangrove ‘‘ promptly publish proposals to list as the quality and quantity of forests at mostly low-to-medium ’’ these 30 taxa. ecosystems upon which they depend. elevations less than 1,000 m (3,281 ft); On September 8, 2008, the Service We did evaluate climate change as a however, altitude can reach as high as received a 60-day notice of intent to sue threat to all of these species in this final 2,000 m (6,562 ft) above sea level. from the Center for Biological Diversity rule (refer to the evaluation under According to Conservation (CBD) claiming violations of section 4 of Factor E for each species). International, less than 10 percent of the Act for the Service’s failure to The other comment received from the this habitat remains intact; other promptly publish listing proposals for public was also nonsubstantive—the estimates are that 7 percent remains the 30 ‘‘warranted’’ species identified in commenter asked why these seven intact (Morellato and Haddad 2000, p. our 2008 ANOR. Under a settlement species should be listed under the Act 786; Oliveira-Filho and Fontes 2000, p. agreement approved by the U.S. District if they are nonnative to the United 794). Based on a number of other Court for the Northern District of States. The Act provides for the listing estimates, 92 to 95 percent of the area California on June 15, 2009 (CBD v. of any species that qualifies as an historically covered by tropical forests Salazar, 09–CV–2578–CRB), the Service endangered or threatened species, within the Atlantic Forest biome has was required to submit to the Federal regardless of its native range. been converted or severely degraded as Register proposed listing rules for the Protections under the Act that apply to a result of various human activities black-hooded antwren, Brazilian species not native to the United States (Morellato and Haddad 2000, p. 786; merganser, cherry-throated tanager, include restrictions on importation into Myers et al. 2000, pp. 853–854; Saatchi fringe-backed fire-eye, Kaempfer’s tody- the United States; sale or offer for sale et al. 2001, p. 868; Butler 2007, p. 2; tyrant, Margaretta’s hermit, and in foreign commerce; and delivery, Conservation International 2007a, p. 1; southeastern rufous-vented ground- receipt, carrying, transport, or shipment Ho¨fling 2007, p. 1; The Nature cuckoo by July 31, 2009. On August 12, in foreign commerce and in the course Conservancy (TNC) 2007, p. 1; World 2009, we published the proposed rule of a commercial activity. Listing also Wildlife Fund 2007, pp. 2–41). In (74 FR 154) to list these species as serves to heighten awareness of the addition to the overall loss and endangered. importance of conserving these species degradation of native habitats within Summary of Changes From the among foreign governments, this biome, the remaining tracts of Proposed Rule conservation organizations, and the habitat are severely fragmented. The public. current rate of habitat decline is This final rule incorporates changes to unknown. our proposed listing based on new Peer Review The Cerrado Biome is in central Brazil information and on comments that we In accordance with our policy and is considered one of the most received. Specifically, we included new published on July 1, 1994 (59 FR biodiverse savannas in the world (Ratter information on recent location data for 34270), we solicited expert opinions et al. 1997, p. 223; Conservation Brazilian merganser and the cherry- from nine knowledgeable individuals International 2007b; World Bank 2010). throated tanager. We also updated the with scientific expertise that included It has an annual rainfall between 800 population estimate, range, and familiarity with these seven species, the and 2,000 millimeters (mm) (31 to 79 conservation status on the Kaempfer’s geographic region in which the species in). This tropical savannah ecoregion is tody-tyrant and clarified what is known occur, and conservation biology characterized by woody savanna about the of the Margaretta’s principles. We received responses from generally 2–8 m (6–26 ft) in height and hermit hummingbird. two of the peer reviewers. The peer well-drained soil. The altitude in this

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region is between 300 and 1,200 m (984 1992, p. 667; del Hoyo 2003, p. 616; Conservation Status and 3,937 ft), and the habitat has Sick 1993, p. 405; Tobias and Williams The IUCN considers the black-hooded specific soil characteristics. Other 1996, p. 65). Their foraging zone is in antwren to be ‘‘Endangered,’’ because ‘‘it characteristics of this biome are soil dense vegetation generally between has a very small and severely depths of at least 3 m (9.8 ft) and ground level and 3 meters (m) (10 feet fragmented range that is likely to be aluminum-rich soils (Schmidt 2008, pp. (ft)) above the ground, but they are also declining rapidly in response to habitat 3–4). known to forage in higher vegetation loss’’ (BLI 2010d, p. 3). The species is Species Descriptions zones up to 7 m (23 ft) above the also protected by Brazilian law and ground. Females typically lay two eggs Below is a species-by-species occurs in the buffer area of Serra da in fragile nests resembling small cups ´ description. The species are described Bocaına National Park (BLI 2010d, p. 2). made of plant material (e.g., rootlets, The species is not listed in the in alphabetical order, beginning with stems, moss) that are attached to the black-hooded antwren, followed by Appendices of the Convention on horizontal branches within roughly 1 m International Trade in Endangered the Brazilian merganser, cherry-throated (3.3 ft) of the ground (Collar et al. 1992, tanager, fringe-backed fire-eye, Species of Wild Fauna and Flora p. 667; Sick 1993, p. 405). Both sexes (CITES) (http://www.cites.org). Kaempfer’s tody-tyrant, Margaretta’s help to build the nests, brood clutches, hermit hummingbird, and southeastern and attend their young. II. Brazilian Merganser (Mergus rufous-vented ground-cuckoo. octosetaceus) Range and Distribution I. Black-hooded Antwren (Formicivora Species Description erythronotos) The black-hooded antwren is endemic to the Atlantic Forest Biome in the The Brazilian merganser is described Species Description southeast portion of the State of Rio de as resembling a cormorant (Sick 1993, p. The black-hooded antwren measures Janeiro (BLI 2010d, p. 1; Collar et al. 163). The species has a distinctive green 10.5 to 11.5 centimeters (cm) (4 to 4.5 1992, pp. 667). Currently, the only crest, which extends over the nape of inches (in)) (BirdLife International (BLI) confirmed population is believed to be the neck and which is more developed 2010d, p. 1; Sick 1993, p. 414). Males restricted to remnant patches of forest in males (Sick 1993, p. 163). The bird are black with a reddish-brown back. habitat along roughly 30 kilometers (km) has a white wing speculum and red feet, They have a black narrow bill and a (19 miles (mi)) of coast in southern Rio and is 49–56 cm (19–22 in) in length long tail. The wings are black with three de Janeiro, near the border with Sa˜o (BLI 2007a, p. 1). The breast is pale grey thin white stripes on the wings (wing Paulo (Browne 2005, p. 95; Tobias and with dark markings, and dark grey bars). Females have similar coloring, Williams 1996, p. 64). However, there coloring in the upper breast (BLI 2007a, except they have brown-olive feathers have also been recent unconfirmed p. 1). where black feathers appear on males reports that the species may occur at the Taxonomy (BLI 2010d, p. 1). ´ State Ecological Reserve of Jacarepia, The Brazilian merganser was first Taxonomy located roughly 75 km (47 mi) northeast described by Vieillot in 1817 (Partridge of the city of (Association 1956, p. 473). The species is in the The black-hooded antwren is a small for the Defense of the Environment in ‘‘ ’’ family (BLI 2007a, p. 1). member of the diverse antbird family Jacarepia´ (ADEJA) 2007, p. 3; (Thamnophilidae). The species was WorldTwitch 2007, p. 12). Habitat and Life History previously recognized under the genus Myrmotherula (Collar et al. 1992, p. 667; Population Estimates The Brazilian merganser is highly Sick 1993, p. 414; BLI 2010d, p. 1). adapted to mountainous, highly The black-hooded antwren was oxygenated clear-water streams and Habitat and Life History known from 20 specimens that were rivers, generally with pools greater than The black-hooded antwren inhabits purportedly collected in the 1800s in 1 m (3 ft) in depth, and typically lush understories of remnant old-growth montane forest habitats of central Rio de bordered by evergreen forests (Bruno et and early successional secondary- Janeiro, Brazil. The species had not been al. 2006, p. 26; Collar et al. 1992, pp. growth coastal forests, and it may also reported since that collection until it 80–86; Ducks Unlimited 2007, p. 1; occur in dense understories of modified was rediscovered in 1987 in the Atlantic Hughes et al. 2006, p. 23; Lamas and restinga (BLI 2010d, p. 1; Tobias and forest in south Rio de Janeiro (BLI Lins 2009, p. 3; Partridge 1956, pp. 478– Williams 1996, p. 64). Restinga is a 2010d, p. 1). 480; Sibley and Monroe 1990, p. 41; Brazilian term that describes white sand The extant population is estimated to Silveira and Bartman 2001, pp. 294– forest habitat consisting of a patchwork be between 1,000 and 2,499 birds, and 295). The Brazilian merganser’s original of vegetation types, such as beach is fragmented among seven occupied distribution area encompassed the vegetation; open shrubby vegetation; sites, including Bracuı´, Frade, Sa˜o Atlantic Forest and Cerrado biome herbaceous, shrubby coastal sand dune Gonc¸alo, Taquari and Barra Grande, (Bianchi et al. 2005, p. 73; Braz et al. habitat; and dry and swamp forests Ariro´, and Vale do Mambucaba. Vale do 2003, p. 70; Lamas and Lins 2009, p. 3; distributed over coastal plains from Mambucaba has the highest known Silveira and Bartman 2001, pp. 294– northeastern to southeastern Brazil density of pairs (156 pairs per square 295; Silveira 2008, pp. 420–421). (McGinley 2007, pp. 1–2; Rocha et al. km (km2)), followed by Mambucaba Brazilian mergansers are strong 2005, p. 263). (densities of 89 pairs/km2). There are no swimmers and divers, and have been Although the specific habitat known estimates for the other locations, observed to dive to a depth of 0.5 m (1.6 requirements of the black-hooded but it is believed that the numbers are ft) (Silveira et al. 2001, p. 291). They antwren are still unclear, the species is few (BLI 2010d, p. 1). At least one of the typically feed in river rapids, still not considered a tropical forest fragmented populations is believed to be waters, or pools adjacent to waterfalls, specialist. The black-hooded antwren reproductively isolated. The population, whereas they rest and preen on exposed typically forages in pairs or small family as a whole, is also believed to be rocks in more slack water areas or at the groups and consumes various , declining rapidly due to continued loss river edges (Braz et al. 2003, p. 70; spiders, and small frogs (Collar et al. of habitat (BLI 2010d, pp. 1–3). Hughes et al. 2006, p. 21; Lamas and

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Lins 2009, p. 4; Partridge 1956, pp. 481– population and remaining suitable declining (BLI 2010b, p. 1). Recent 482; Silveira and Bartman 2001, p. 291). habitats occur in Brazil, including its records indicate the population size Brazilian mergansers feed primarily on largest population, which is estimated may be larger than 250, although a variety of fish species such as the to contain around 80 pairs (Lamas 2006, researchers have not been able to Lambari (Astyanax species), and p. 151). estimate the total population size occasionally on insects, snails, and The species likely still occurs in the (Lamas and Lins 2009, p. 5). other aquatic macro-invertebrates Brazilian States of Tocantins, Bahia, Conservation Status (Partridge 1956, p. 483, Silveira et al. Goia´s, Minas Gerais, and Parana´ 2001, p. 291; Hughes et al. 2006, p. 32; (Hughes et al. 2006, pp. 51–52). It was IUCN considers the Brazilian Lamas 2006, p. 151; Lamas and Lins found in 2002 at the Serra de Canastra merganser to be ‘‘,’’ 2009, p. 4). National Park (SCNP), Minas Gerais. In because ‘‘although recent records from Brazilian mergansers are not 2004 it was found at Itacolomi State Brazil, and particularly a recent migratory and are believed to be Park, Minas Gerais (DePaula et al. 2008, northerly range extension, indicate that monogamous. Breeding pairs appear to p. 289). Although SCNP is a 200,000- this species’ status is better than maintain their territories along a stretch hectare (ha) (494,211-acre (ac)) previously thought, the remaining of river (up to ca. 12 km (7.5 mi)) nationally protected park, only 71,500 population is still extremely small and throughout the year (Partridge 1956, p. ha (176,680 ac) are under strict severely fragmented, and the 477; Silveira and Bartman 2001, p. 295; protection (Lamas 2006, p. 150). In perturbation and pollution of rivers Braz et al. 2003, p. 70; Hughes et al. 2001–2002, the species was observed in continues to cause declines’’ (BLI 2009b, 2006, pp. 23, 33; Lamas 2006, p. 149; nine localities in SCNP (Lamas 2006, p. p. 1). The species is not listed in any of Ducks Unlimited 2007, p. 1). The 145). The SCNP is the only site where the Appendices of CITES breeding season begins in June, and this species is being regularly monitored (http://www.cites.org). young hatch around August (Partridge (Hughes et al. 2006, p. 52). Other recent III. Cherry-Throated Tanager (Nemosia 1956, p. 487; Lamas and Santos 2004; sightings of the species in previously rourei) Bruno et al. 2006, p 27). Their brood undocumented areas of Brazil indicate size is between two and six (Silveira et that the Brazilian merganser may be Species Description al. 2001, p. 296; Bruno et al. 2006, p. more abundant and widespread than The cherry-throated tanager has black 26). Females establish their nests in the previously believed (Bianchi et al. 2005, plumage on its head with a white cavities of trees that are adjacent to the p. 72; Lamas 2006, p. 145). For example, crown, black coloring on its back, wings river. The females incubate their eggs the species was recently confirmed in a with gray scapular feathers, white alone, although males are attentive and nonprotected area in the State of Minas feathers on its undersides, and red remain nearby feeding and perching at Gerais, Brazil (Lamas et al. 2009). coloring on its throat and upper chest. the river shoreline (Bruno et al. 2006, p. Historically, the Brazilian merganser Its tail is square tipped, its bill is black, 29; Lamas and Santos 2004, p. 38; occurred in Argentina, Brazil, and and it has pink feet (Bauer et al. 2000, Partridge 1956, pp. 484–485). Females Paraguay. In Argentina, the Brazilian p. 102; BLI 2010d, p. 1; Venturini and may also locate their nests in the merganser was documented in three Paz 2007, p. 609). It has a distinct cavities of cliffs or rocky outcrops or in protected areas: The Iguazu´ National vocalization with calls between 5 and 8 river banks (Bruno et al. in press; Lamas Park, the Parque Provincial Urugua-ı´, kilohertz (described in Bauer et al. 2000, and Santos 2004, pp. 38–39; Lamas and and the Private Reserve Urugua-ı´ pp. 103–104) and has been observed Lins 2009, p. 4). (Chebez 1994; Antas 1996; Chebez et al., both singly and in small flocks. The 1998 in Hughes et al. 2006, p. 49). Some Range and Distribution species’ diet includes caterpillars, researchers believe that sizable overall butterflies, ants, and various other For as long as the Brazilian merganser populations may still exist in the arthropods (Bauer et al. 2000, p. 104; has been known, it has always been extensive river systems of Misiones in Venturini et al. 2005, p. 65). considered a rare species, possibly due Argentina, specifically in the Uruguaı´ to its shy nature (Lamas 2006, p. 151). Provincial Park (Hughes et al. 2006, pp. Taxonomy It occurs in a few fragmented locations 31, 50–51). In 2002, it was reported to The cherry-throated tanager is a in south-central Brazil, including the have been found on the Arroyo Uruzu´ member of the Thraupidae family. It upper tributaries of rivers within the in Misiones, Argentina, the first record was first described by Cabanis in 1870 Atlantic Forest biome and to the west in in the country in 10 years, despite (BLI 2010d, p. 1). the Cerrado biome (Silveira and extensive surveys (BLI 2010b). However, Bartmann 2001, pp. 287–288). The it is unclear whether the species still Habitat and Life History Brazilian merganser occurred exists in Argentina. In Paraguay, the last The cherry-throated tanager is historically in riverine habitats confirmed sighting of the species is from endemic to the Atlantic Forest in throughout southeastern Brazil, 1984 (Hughes et al. 2006, p. 31). We are southeast Brazil. It inhabits the upper northeastern Argentina, and eastern unable to confirm that the species exists canopies of trees within humid, Paraguay (Hughes et al. 2006, p. 24). in areas outside of Brazil, and therefore montane primary forests at elevations Currently, the species is found in are unable to evaluate any threats. 850–1,250 m (2,789–4,101 ft) above sea extremely low numbers at disjunct Because we do not know if populations level (Bauer et al. 2000, pp. 97–104; localities of Brazil, and possibly in of this species still exist outside of Venturini et al. 2005, pp. 60–66). The northeastern Argentina and eastern Brazil, for the purpose of this rule, we cherry-throated tanager is a primary Paraguay (BLI 2007a, pp. 1–5; Hughes et are limiting our analysis of threats to the forest-obligate species that typically al. 2006, pp. 28–31; Lamas and Lins current Brazilian population of the forages within the interior crowns of 2009, p. 3). The Brazilian merganser species. tall, epiphyte-laden trees and may be extirpated from Argentina and occasionally within lower canopy levels Paraguay, and from Mato Grosso do Sul, Population Estimate (ca. 2 m (7 ft)) at the forest edge. Cherry- Sa˜o Paulo, Rio de Janeiro, and Santa BLI estimates the total population is throated can be found in Catarina, in Brazil (BLI 2009b, pp. 1–2). between 50 and 249 individuals, and mixed-species flocks. Observations The vast majority of the species’ extant the population is presumed to be indicate that they require relatively

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large territories (ca. 4 km2 (1.5 mi2)) (Bauer et al. 2000, p. 97; Venturini et al. 1992, p. 677; del Hoyo et al. 2003, p. (Venturini et al. 2005, p. 66). Within its 2005, p. 60). BLI estimates the 637). The species has also been found to current distribution, the species makes population to range from 50 to 249 occupy degraded forests and dense sporadic use of coffee (Coffea spp.), pine individuals, and it is believed to be understory of secondary-growth forest (Pinus spp.), and eucalyptus declining (BLI 2010d, p. 1). Venturini et stands. It can also occupy early- (Eucalyptus spp.) plantations, al. (2005, p. 66) believe the IUCN successional forest stands, but avoids presumably as travel corridors between population estimate of 250 birds may be any areas with open understories (e.g., remaining patches of primary forest too high, considering that the maximum sunny openings, interior forest) (del (Venturini et al. 2005, p. 66). number of individuals recently recorded Hoyo et al. 2003, p. 637). Little is known about the breeding was 14, including 6 birds in Pindobas The fringe-backed fire-eye forages in behavior of the cherry-throated tanager. and 8 birds in Caete´s. dense, tangled vegetation with However, a single field observation numerous horizontal perches within indicates that perhaps both sexes help Conservation Status approximately 3 m (10 ft) of the ground, build nests (Venturini et al. 2002, pp. IUCN considers the cherry-throated although it occasionally feeds higher up 43–44). A nest (observed in November) tanager to be ‘‘Critically Endangered’’ in the canopy (ca. 10 m (33 ft)) (Collar was constructed of moss, and possibly because its extant population is et al. 1992, p. 677; del Hoyo et al. 2003, thin twigs, and the material was placed extremely small (estimated to be p. 637). The species typically occurs as in natural depressions of branches near between 50 and 249 individuals), highly individual birds, in closely associated the trunk within the mid-canopy fragmented, and presumed to be pairs, or in small family groups. The (Venturini et al. 2002, pp. 43–44). declining (BLI 2010d, p. 1). On the bird often relies on army ant (Eciton Brazilian Red list the species is spp.) swarms to flush their prey, which Range and Distribution ‘‘threatened’’ (MMA 2003, Machado et may include cockroaches (superfamily The cherry-throated tanager is found al. 2008). Within Brazil, similar to U.S. Blattoidea), grasshoppers (family in primary forest habitats in Espı´rito State wildlife categories of conservation Acrididae), winged ants (class Santo and possibly Minas Gerais and status, this species is categorized Chilopoda), caterpillars (order Rio de Janeiro, Brazil (BLI 2010d, p. 1). differently based on each ‘‘state’’ within Lepidopera), and geckos (family In 1941, it was found in the mountains which it is found. In Espı´rito Santo, it Gekkonidae) (Sick 1993, pp. 403–404; of Espı´rito Santo State at three sites: is considered ‘‘critically endangered’’ del Hoyo et al. 2003, pp. 637–638). Itarana, Jatiboca (elevation 900 m (2,953 (ES–DOE 2005). In the Minas Gerais Limited specific information is known ft)), and the Augusto Ruschi Biological Region, it is considered ‘‘Probably about the species’ breeding behavior Reserve (Venturini et al. 2005, p. 63). extinct’’ (Machado et al. 2008). The (del Hoyo et al. 2003, p. 638). However, Since 1998, the cherry-throated tanager species is not listed in any of the females of this genus typically lay two has been documented at various sites of Appendices of CITES (http:// eggs in spherical nests that are remnant primary forest in south-central www.cites.org). approximately 10 cm (4 in) in diameter, Espı´rito Santo. In February 1998, it was have a side entrance, and are attached located in a private reserve, Fazenda IV. Fringe-Backed Fire-Eye (Pyriglena atra) to vegetation within roughly 1 m (3.3 ft) Pindobas IV, in the municipality of of the ground (Sick 1993, pp. 405–406). Conceic¸a˜o. It was also documented in Species Description Both sexes in this genus typically help Caete´s, in the Vargem Alta municipality The fringe-backed fire-eye has to build nests, brood clutches, and in southern Espı´rito Santo (30 km (18.6 distinctive red eyes and measures attend their young (Sick 1993, pp. 405– mi) southeast of Pindobas) (Venturini et approximately 17.5 cm (7 in) in length. 406). al. 2005, p. 61). Bauer et al. (2000, p. 99) Males are black with a small patch of Range and Distribution reported a sighting in Pirapetinga black feathers on their backs lined with (Minas Gerais) at an altitude of 150 m white edges. Females are more of a The fringe-backed fire-eye occurs (492 ft). In October 2002 and in January reddish-brown color, with a black tail, along a narrow belt of coastal forest 2003, researchers heard Nemosia brown underparts, and a whitish throat habitat from southern Sergipe to vocalizations in the Augusto Ruschi (BLI 2010e, p. 1). northeastern Bahia, Brazil (del Hoyo et Biological Reserve (Biolo´gica Augusto al. 2003, p. 637; BLI 2010e, p. 1). The Ruschi), which may have been this Taxonomy fringe-backed fire-eye’s distribution is species (Venturini et al. 2005, pp. 63– The fringe-backed fire-eye belongs in less disjunct than previously believed 64). However, the cherry-throated the ‘‘antbird’’ family Thamnophilidae, (BLI 2010e). The species’ entire tanager may only currently exist in and was first described by Swainson in population was previously believed to Espı´rito Santo, where a corridor was just 1825 (BLI 2010e, p. 1). Sick (1991, p. be restricted to a few sites of remnant established specifically for this species 416) describes this species to be similar primary forest, totaling roughly 9 km2 via Decree no. 2529–R (BLI 2010h). to the white-backed fire-eye (Pyriglena (3.5 mi2) in northeastern Bahia. In 2002, Espı´rito Santo contains Atlantic Forest leuconota). The fringe-backed fire-eye approximately 18 individuals were remnants, which may contain the only was previously referred to as observed in a forested site in Sergipe viable remaining habitat for this species. Swainson’s fire-eye, and is also called (del Hoyo et al. 2003, p. 638). This ‘‘Alapi noir’’ in French, ‘‘Fleckenmantel- discovery extended the species’ known Population Estimates Feuerauge’’ in German, and ‘‘Ojodefuego range to the north by approximately 175 The cherry-throated tanager was de Bahı´a’’ in Spanish (del Hoyo 2003, p. km (109 mi) (del Hoyo et al. 2003, p. presumed to be extinct until 1998. Prior 637). 638). Its current estimated range is 5,000 to that, the species was only known km2 (1,930 mi2), although it exists in Habitat and Life History from a single specimen collected in the fragmented or degraded habitat within 1800s and from a reliable sighting of The fringe-backed fire-eye is endemic its range (BLI 2010e). eight individuals in 1941 (Collar et al. to the Atlantic Forest biome and 1992, p. 896; Ridgely and Tudor 1989, typically inhabits dense understory at Population Estimates p. 34; Scott and Brooke 1985, p. 126). the edges of lowland primary tropical The fringe-backed fire-eye’s The species was rediscovered in 1998 forests (BLI 2007e, p. 2; Collar et al. population is estimated to be between

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1,000 and 2,499 individuals (BLI 2010e, catch while in flight (Sick 1993, pp. of the Appendices of CITES (http:// p. 1). The available information 452–453). Breeding pairs typically www.cites.org). indicates that the species’ population is forage together and appear to maintain VI. Margaretta’s Hermit (Phaethornis fragmented among 6 to 10 occupied small, well-defined, permanent malaris margarettae) areas (BLI 2010e, p. 3). Its population, territories (Barnett et al. 2000, p. 373; along with the extent and quality of its BLI 2010c, p. 2). Species Description habitat, continues to decline (BLI 2010e, Both sexes help to build their nests, The Margaretta’s hermit is a long- p. 1). which can be located up to billed hummingbird. The average bill Conservation Status approximately 6 m (20 ft) above the length is 37 millimeters (mm) (1.5 in) ground and 2–3 m (6.6–10 ft) within the and the average tail length is 42 mm (1.7 IUCN considers the fringe-backed fire- primary forest margin. Nests resemble eye to be ‘‘Endangered’’ because it has ‘‘a in) (Hinkelmann 1996, pp. 122–123). elongated cups that can be up to 45 cm Hinkelmann (1996, p. 147) describes the small fragmented range, within which (18 in) long and are made of live the extent and quality of its habitat are species to be morphologically similar to mosses, grass, and dead leaves wrapped Phaethornis malaris bolivianus, with a continuing to decline and where it is around a horizontal branch near the ’’ paler underside. only known from a few localities (BLI main trunk (Barnett et al. 2000, p. 373). 2010e, p. 1). In addition, the species is Taxonomy protected under Brazilian law (Collar et Range and Distribution The Margaretta’s hermit is in the al. 1992, p. 678). The species is not The Kaempfer’s tody-tyrant inhabits listed in any of the Appendices of hummingbird family, Trochilidae, but humid, lowland forests of the coasts of CITES (http://www.cites.org). its taxonomic classification has been Parana´ and northeastern Santa Catarina, unclear for many years and is still V. Kaempfer’s Tody-Tyrant (Hemitriccus Brazil (Collar et al. 1992, p. 776; Collar disputed. This species is in the kaempferi) et al. 1994, p. 139; Barnett et al. 2000, subfamily, Phaethornithinae, which are Species Description p. 371; Belmontes-Lopez et al. 2008, p. the ‘‘hermit’’ hummingbirds that occur 2; BLI 2010c, p. 1). The Kaempfer’s in southern Mexico, Central America, The Kaempfer’s tody-tyrant is an tody-tyrant has been located in the and in South America as far south as olive-green bird measuring 10 cm (4 in) following 11 localities in southeast northern Argentina. The Margaretta’s in length (BLI 2010c, p. 1). The head Brazil: Salto Piraı´; Brusque; the RPPN hermit was first described as a new and face have olive-brown coloring, Volta Velha near Itapoa´; Sa˜o Francisco species in 1972 by A. Ruschi (Sibley while the upper parts and breast are a do Sul municipality; Barra Velha and Monroe 1990). This bird has dull olive-green, the underparts are a municipality; Blumenau municipality; variously been considered a full species pale greenish-yellow, and the throat is Pic¸arras/Itajuba (Pic¸arras municipality); (Phaethornis margarettae) and placed as a pale yellow color. The primary wing Morro do Bau (Ilhota municipality); a subspecies with the long-billed hermit feathers are dark and the secondary Sanepar bridge (Sa˜o Joa˜o River); (Phaethornis superciliosus) and the wing feathers have greenish-yellow National Park Saint-Hilare/Langue; great-billed hermit (Phaethornis borders. Each eye has a pale ring (BLI Santa Catarina; and Guaraguac¸u malaris). A multitude of information 2010c, p. 1). Ecological Station in southeast Parana´ indicates that Margaretta’s hermit is Taxonomy (BLI 2010c, p. 1). Recent survey records most appropriately considered to be a have extended the known range to 7,800 subspecies of the great-billed hermit (P. The Kaempfer’s tody-tyrant is a 2 2 member of the flycatcher family km (3,012 m ), although within this malaris) (Howard and Moore 1980, p. (Tyrannidae) (BLI 2010c, p. 1). The range the species’ existence is sporadic 205; King 1981, p. 2; Sibley and Monroe species was previously recognized due to fragmented habitat. According to 1990, p. 143; Sick 1993, p. 341; under the genus Idioptilon, and was first BLI, the species is rare, but has been Hinkelmann 1996, pp. 125–135; del described by Zimmer in 1953 (BLI recorded in recent years in all of the Hoyo et al. 1999, p. 543). Neither the 2010c, p. 1). locations above except Brusque. The last IUCN nor BirdLife International record for Brusque is from 1950, and the currently recognizes the subspecies Habitat and Life History area has not been resurveyed since that Margaretta’s hermit (Phaethornis The Kaempfer’s tody-tyrant is time. malaris margarettae); only the species level is recognized (BLI 2010j; IUCN endemic to the Atlantic Forest biome Population Estimates and inhabits well shaded edges of 2010). IUCN’s conservation status for medium-height (ca. 12 to 15 m (39 to 49 There is very little information both P. malaris and P. superciliosus is ft)) primary- and secondary-growth currently available that specifically ‘‘least concern.’’ Birdlife International alluvial forests that are typically in close addresses the Kaempfer’s tody-tyrant’s recognizes Phaethornis malaris proximity to rivers. The species appears abundance; however, its extant margarettae as Phaethornis to avoid tall, mature primary forest population is estimated to be between superciliosus (BLI 2010j). Avibase, a habitats (Collar et al. 1992, p. 776; 9,000 and 18,500 individuals and is database of all birds of the world Barnett et al. 2000, pp. 372–373; BLI believed to be declining (BLI 2010c, pp. maintained by Bird Studies Canada, 2010c, pp. 1–2). The Kaempfer’s tody- 1–2). indicates that it is a full species, Phaethornis margarettae (Avibase tyrant feeds predominantly in the mid- Conservation Status story within roughly 1 to 3 m (3.3 to 10 2010). However, Phaethornis malaris ft) off the ground, but may also feed The IUCN considers the Kaempfer’s margarettae is recognized by the higher up (ca. 6 m (20 ft)) in the tree tody-tyrant to be ‘‘Endangered’’ because Integrated Taxonomic Information canopy. it is estimated to have an extremely System (ITIS) (ITIS 2010, http:// There is little information available small and fragmented range (BLI 2010c, www.itis.gov) as a subspecies. The 2009 describing the diet of the Kaempfer’s p. 1). It is protected by Brazilian Clement’s Checklist, maintained by tody-tyrant; however, similar species legislation and by the State of Parana´ Cornell Lab of Ornithology, also accepts within the Tyrannidae family feed on a (Belmontes-Lopez et al 2008, p. 2; BLI the taxonomy as Phaethornis malaris variety of insects, which they often 2010c). The species is not listed in any margarettae. Absent peer-reviewed

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information to the contrary and based of the very limited area the subspecies for long distances, and researchers on the best available information, we may occupy (King 1981, p. 2). believe that major rivers and other consider Margaretta’s hermit to be a extensive areas of nonhabitat impede Conservation Status subspecies of Phaethornis malaris: their movements. Phaethornis malaris margarettae. IUCN considered the Margaretta’s Southeastern rufous-vented ground- hermit to be ‘‘Endangered’’ because its feed on large insects, scorpions, Habitat and Life History extant population was believed to have centipedes, spiders, small frogs, lizards, The Margaretta’s hermit is endemic to an extremely restricted distribution and and occasionally seeds and fruit. The the Atlantic Forest biome and is found the population is likely very small, if it species is agile when on the ground and in shrubby understories of primary- and survives at all (King 1981, p. 2). highly adept at running and jumping secondary-growth tropical lowland Phaethornis superciliosus and through branches in pursuit of prey rainforest (King 1981, p. 2; Hinkelmann Phaethornis malaris are both currently (Sick 1993, p. 278). The species is often 1996, pp. 133–140; Sibley and Monroe classified as ‘‘Least Concern’’ by the associated with army ant (Eciton spp.) 1990, p. 143; del Hoyo et al. 1999, p. IUCN, although the taxonomy of and red ant (Solenopsis spp.) colonies, 543). Hummingbirds feed on the nectar Margaretta’s hermit is still uncertain. whose foraying columns they use as of a variety of plant species, especially Both Phaethornis superciliosus and ‘‘beaters’’ to flush their prey (Sick 1993, bromeliads, and often have a symbiotic Phaethornis malaris are included in p. 286). They are also known to forage relationship with specific plants for Appendix II of CITES (http:// for flushed prey behind other species, which they function as pollinators (Sick www.cites.org). such as the white-lipped peccary 1993, pp. 324–326; del Hoyo et al. 1999, VII. Southeastern Rufous-vented (Tayassu pecari) (Sick 1993, p. 286). p. 543; Buzato et al. 2000, p. 824). They Ground-cuckoo (Neomorphus geoffroyi Unlike some other species of cuckoos, also feed on a variety of small dulcis) southeastern rufous-vented ground- arthropods, which are an especially cuckoos are not believed to be parasitic important source of protein for raising Species Description nesters. They build their own nests their young. The southeastern rufous-vented approximately 2.5 m (8 ft) above ground Females typically lay two eggs and are ground-cuckoo is a large-sized terrestrial level in the branches of swampy solely responsible for tending their bird. The cuckoo has a distinctive flat vegetation (Roth 1981, p. 388; Sick young. Hummingbird nests are usually frontal crest, a long tail and long legs, 1993, p. 286). The species’ nest constructed on vegetation of items such and a yellow-green curved bill (Roth resembles a shallow bowl, roughly 25 as detritus, webs, leaves, and 1981, p. 388; Payne 2005, p. 206). The cm (10 in) across, made of sticks and hair cemented together with species is blackish brown or reddish lined with leaves. Once the young are regurgitated nectar and saliva (Sick black in color, and has brown scale-like fledged, the adults care for them away 1993, pp. 330–331). Little is known of coloring on the breast with a black from the nest site (del Hoyo et al. 1997, the subspecies’ seasonal movements, breast band and a reddish belly. It has pp. 606–607). but its daily movements within a local a bare face with gray to blue coloring Range and Distribution area are likely associated with the (Payne 2005, p. 206). timing of flowering plants that are used Although the southeastern rufous- for feeding (Sick 1993, pp. 324–336; del Taxonomy vented ground-cuckoo had a widespread Hoyo et al. 1999, p. 543). The southeastern rufous-vented distribution historically, it has likely ground-cuckoo is one of seven always been locally rare (King 1981, p. Range and Distribution subspecies of the rufous-vented ground- 1). Historic distributions included the The Margaretta’s hermit historically cuckoo (Neomorphus geoffroyi) in the Brazilian states of Bahia, Minas Gerais, occurred in coastal forested habitats Cuculidae family that occur at several Espı´rito Santo, and possibly Rio de from Penambuco to Espı´rito Santo, disjunct localities from Nicaragua to Janeiro (King 1981, p. 1; Payne 2005, p. Brazil (Sibley and Monroe 1990, p. 143; central South America (Howard and 207). The last confirmed sighting of this del Hoyo et al. 1999, p. 543; Moore 1980, p. 178; Sibley and Monroe subspecies was in the Sooretama Hinkelmann 1996, pp. 132–135). The 1990, p. 107; del Hoyo et al. 1997, pp. Biological Reserve north of the Doce last confirmed occurrence of the 606–607; Payne 2005, pp. 204–207). River in Espı´rito Santo in 1977, and the Margaretta’s hermit is from a relatively Neither the IUCN nor BirdLife subspecies was thought to be extinct old (ca. 1978) sighting of the subspecies International currently addresses this (Roth 1981, p. 388; Scott and Brooke on a privately owned remnant forest subspecies; only the species level is 1985, pp. 125–126; Payne 2005, p. 207). called Klabin Farm, which is located in addressed (BLI 2008; IUCN 2009). However, a recent photographic record Espı´rito Santo and presently includes 40 However, the subspecies is recognized (ca. 2004) indicates that the subspecies km2 (15.5 mi2) of land (King 1981, p. 2). by ITIS (ITIS 2009). Absent peer- may still occur at Doce River State Park A portion of this area (ca. 15 km2 (5.8 reviewed information to the contrary in Minas Gerais (Scoss et al. 2006, p. 1). mi2)) was designated as the Co´rrego and based on the best available Grande Biological Reserve in 1989 information, we consider it to be a valid Population Estimates (Willis and Oniki 2002, p. 21; Costa subspecies. The current population of rufous- 2007, p. 20). We consider this to be the vented ground cuckoos is unknown, Habitat and Life History species’ current range. Margaretta’s although likely very low if the hermit likely also occurred at the The southeastern rufous-vented subspecies still exists (King 1981, p. 1). Sooretama Biological Reserve in Espı´rito ground-cuckoo is an extremely shy, Conservation Status Santo until around 1977 (King 1981, p. ground-foraging bird that requires large 2). blocks of mature, undisturbed, tropical In 1981, when the original petition to lowland forest within the Atlantic list this subspecies was submitted, Population Estimates Forest biome (King 1981, p. 1; Sick IUCN considered the southeastern The current population of 1993, p. 286; del Hoyo et al. 1997, pp. rufous-vented ground-cuckoo to be Margaretta’s hermit is unknown, 606–607; Payne 2005, pp. 204–207). ‘‘Endangered’’ because although the although it is likely to be small in light This species is unable to sustain flight subspecies was ‘‘never numerous, this

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extremely shy species is among the first analyzed separately, we have organized (e.g., charcoal production, steel plants, to disappear if its primary forest habitat the specific analysis for each species and hydropower reservoirs). The is disturbed and in southeastern Brazil within the context of the broader scale Cerrado biome faces similar threats where it occurs, most of such forest has and threat factor in which it occurs to (Ratter et al. 1997, p. 223; Marini 2009, been destroyed’’ (King 1981, p. 1). As of avoid redundancy. Since these species p. 1558). Forestry practices such as 2009, IUCN characterizes the rufous- face a suite of common threat factors, commercial logging, subsistence vented ground-cuckoo as ‘‘Least similar management actions will reduce activities such as fuel wood collection, Concern.’’ Neither the species nor the or eliminate those threats. Effective and changes in fire frequencies also subspecies are listed in any of the management of these threat factors often contribute to the degradation of the Appendices of CITES (http:// requires implementation of conservation native habitat (Scott and Brooke 1985, p. www.cites.org). actions at a broader scale to enhance or 118; Ju´ nior et al. 1995, p. 147; Nunes restore critical ecological processes and and Kraas 2000, p. 44; Saatchi et al. Summary of Factors Affecting the provide for long-term viability of those 2001, pp. 868–869; BLI 2003a, p. 4; TNC Species species in their native environment. 2007, p. 2; Peixoto and Silva 2007, p. 5; Section 4 of the Act (16 U.S.C. 1533), Thus, by taking this broader approach, World Wildlife Fund 2007, pp. 3–51). In and its implementing regulations at 50 we hope to organize this final rule addition to the overall loss and CFR part 424, set forth the procedures effectively. degradation of native habitat within for adding species to the Federal Lists We are listing each of the seven these biomes, the remaining tracts of of Endangered and Threatened Wildlife species (species may also include habitat are severely fragmented. and Plants. A species may be subspecies, as defined in Section 3(15) Based on a number of recent determined to be an endangered or of the Act) addressed in this rule as estimates, 92 to 95 percent of the area threatened species due to one or more endangered. Many of the threats are the (over 1,250,000 km2 (482,628 mi2)) of the five factors described in section same or similar for all seven species. For historically covered by tropical forests 4(a)(1) of the Act. The five factors are: each species, we identified and within the Atlantic Forest biome has (A) The present or threatened evaluated those factors that threaten the been converted or severely degraded as destruction, modification, or species and that may be common to all a result of various human activities curtailment of its habitat or range; (B) of the species. For example, the (IUCN 1999, p. 22; Morellato and overutilization for commercial, degradation of habitat and habitat loss Haddad 2000, p. 786; Myers et al. 2000, recreational, scientific, or educational due to deforestation is a threat to each pp. 853–854; Saatchi et al. 2001, p. 868; purposes; (C) disease or predation; (D) species. We also identified and Butler 2007, p. 2; Conservation the inadequacy of existing regulatory evaluated threats that may be unique to International 2007a, p. 1; Ho¨fling 2007, mechanisms; and (E) other natural or certain species, and that may not apply p. 1; TNC 2007, p. 1; World Wildlife manmade factors affecting its continued to all of the species addressed in this Fund 2007, pp. 2–41). The Atlantic existence. Listing actions may be final rule. For example, the Brazilian Forest has the two largest cities in warranted based on any of the above merganser may be the only species Brazil, Sa˜o Paulo and Rio de Janeiro, threat factors, singly or in combination. addressed in this rule that is found in and is home to approximately 70 In considering what factors might the Cerrado biome, and we have percent of Brazil’s 169 million people constitute threats, we look beyond the addressed threats that are unique to that (Critical Ecosystem Partnership Fund exposure of the species to determine species specifically, although most of (CEPF) 2002; The Brazilian Institute of whether the species responds to the the threats in the Atlantic Forest are the Geography and Statistics (IBGE) 2007, factor in a way that causes actual same in the Cerrado biome. Central Intelligence Agency Factbook, impacts to the species and we look at 2010). the magnitude of the effect. If there is A. The Present or Threatened Conversion to or exposure to a factor, but no response, or Destruction, Modification, or plantations creates disturbed areas that only a beneficial response, that factor is Curtailment of the Species’ Habitat or are conducive to weedy plant invasion not a threat. If there is exposure and the Range and establishment of alien plants from species responds negatively, the factor The best available information dispersed fruits and seeds. Over time, may be a threat and we then attempt to indicates that the threats to all of the this results in the conversion of a determine how significant the factor is. seven Brazilian species addressed under community dominated by native If the factor is significant and therefore this factor occur throughout the entire vegetation to one dominated by a threat, it may drive or contribute to the range of each species. These threats nonnative vegetation (leading to risk of extinction of the species such include the loss, degradation, and negative impacts typically associated that the species warrants listing as fragmentation of native habitats within with nonnative plants, detailed below). threatened or endangered as those terms the Atlantic Forest biome and, with Conversion to agriculture or plantations are defined by the Act. In making this respect to the Brazilian Merganser, in also increases watershed erosion, runoff, final listing determination, we evaluated the Cerrado Biome. Habitat loss and and sedimentation which further threats to each of these seven Brazilian fragmentation are the most significant degrade habitat. These threats are bird species. Our evaluation of this threats to these species (Marini and significant, ongoing, and are expected to information is discussed below. Garcia 2005, p. 667). The major human continue and increase in magnitude and These seven species all occur in the activities that have resulted in the intensity into the foreseeable future same biome: The Atlantic Forest, and destruction, modification, or without adequate control. with respect to the Brazilian merganser, curtailment of native habitats within the Fire is a relatively new human-related also in the Cerrado Biome. These Atlantic Forest biome include extensive threat to native species and natural species depend on similar physical and establishment of agricultural fields (e.g., vegetation in Brazil. (Nepstad et al. biological features and on the successful soy beans, sugarcane, and corn), 2001, p. 395). Farmers practice slash- functioning of their ecosystems to plantations (e.g., eucalyptus, pine, and-burn agriculture that creates open survive. They also face the same or very coffee, cocoa, rubber, and bananas), lowland areas suitable for the later similar threats. Although the listing livestock pastures, centers of human colonization of nonnative plant species determination for each species is habitation, and industrial developments (Nunes and Kraas 2000, pp. 44–47).

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Fires of all intensities, seasons, and degraded due to the wide range of Brazilian Merganser sources are destructive to the Atlantic human activities identified above (BLI The Brazilian merganser is extremely Forest and Cerrado Biome (Nepstad et 2003a, p. 4; BLI 2010d, p. 2; Collar et susceptible to habitat loss and al. 2001, p. 395–407). Fire can destroy al. 1992, p. 667; Conservation degradation, habitat fragmentation, and dormant seeds as well as plants, even in International 2007a, p. 1; del Hoyo hydrological changes from human steep or inaccessible areas. Successive 2003, p. 616; Ho¨fling 2007, p. 1; TNC activity (Collar et al. 1992, pp. 83–84; fires that burn farther and farther into 2007, p. 1; World Wildlife Fund 2007, Silveira 1998, p. 58; Silveira and native habitat destroy native plants and pp. 3–51). In addition, the remaining Bartman 2001, pp. 297–298; Hughes et remove habitat for native species. These tracts of suitable habitat in Rio de al. 2006, pp. 36–41; Lamas 2006, pp. fires alter microclimate conditions and Janeiro and Sa˜o Paulo are threatened by 151–153; Lamas and Lins 2009, p. 5). cause conditions to be more favorable to ongoing development of coastal areas, This species’ habitat, particularly at the alien plants. Alien plant species most primarily for enterprises (e.g., Serra de Canastra National Park (SCNP) likely to be spread as a consequence of large hotel complexes, beachside in Minas Gerais, has been heavily fire are those that produce a high fuel housing) and associated infrastructure impacted by changes to the hydrology load, are adapted to survive and support, as well as widespread clearing around the park. These human activities regenerate after fire, and establish for expansion of livestock pastures and include the establishment of rapidly in newly burned areas. The plantations, primarily for Euterpe palms hydroelectric power plants, building of threat from intentional and accidental (also known as Acai palms) (Collar et al. dams and reservoirs, and deforestation ignition of fires related to slash-and- 1992, p. 667; BLI 2003a, p. 4; del Hoyo (Lamas 2006, pp. 151–152). This species burn clearing to the species in this final is adapted to highly oxygenated rule that depend on forested ecosystems 2003, p. 616; World Wildlife Fund 2007, pp. 7 and 36–37; BLI 2010d, p. 2). These mountainous flowing riverine is significant. Fire damages native conditions, and therefore cannot occupy vegetation and these species’ habitat, impacts have recently reduced suitable habitats at various key sites known to be the lacustrine (lake-like) conditions of including seedlings and juvenile and reservoirs that result from dam building occupied by the black-hooded antwren, adult plants. activities within its occupied range such as Vale do Mambucaba and Ariro´. (Hughes et al. 2006, pp. 23, 41). The loss Species-Specific Evaluation Under The remaining occupied habitats at Factor A of the species’ terrestrial habitat has these sites are subject to ongoing human occurred due to the removal of forest Black-Hooded Antwren disturbances such as off-road vehicle cover and the degradation of water The black-hooded antwren appears use, burning, and recreational activities quality. Current estimates indicate that not to be strictly tied to primary forest (Collar et al. 1994, p. 134; del Hoyo between 67 and 80 percent of the habitats. It may make use of secondary- 2003, p. 616; BLI 2010a, p. 2). tropical savannah habitat historically growth forests or other disturbed areas Summary of Factor A—Black-Hooded comprising the Cerrado biome has been such as modified restinga (described Antwren converted or severely degraded under Black-Hooded Antwren Habitat (Mantovani and Pereira 1998, p. 1455; and Life history above), eucalyptus A significant portion of Atlantic Myers et al. 2000, p. 854; Butler 2007, stands, abandoned banana plantations, Forest habitat has been, and continues p. 1; Conservation International 2007b, and recently burned sites (Tobias and to be, lost and degraded by various p. 1; World Wildlife Fund 2007, p. 50). Williams 1996, p. 64; BLI 2010a, p. 1). ongoing human activities, including Specific threats in SCNP include However, its use of secondary-growth logging, establishment and expansion of deforestation and subsequent erosion of forests or other disturbed areas does not plantations and livestock pastures, river banks and siltation; erosion due to necessarily lessen the threat to the urban and industrial developments cattle grazing, mining, and associated species from the effects of deforestation (including many new hydroelectric dynamiting and waste disposal; and habitat degradation. This species, dams), slash-and-burn clearing, domestic sewage; and (Lamas although it may be tolerant of intentional and accidental ignition of 2006, p. 152). In addition to the overall secondary-growth forests or other fires (CEPF 2001, pp. 9–15). Even with loss and degradation of native habitat disturbed sites, has a small and the recent passage of a national forest within this species’ habitat, the declining population size (estimated to policy and despite many other legal remaining tracts of habitat are severely be 1,000—2,499 birds) and a severely protections in Brazil (see Factor D), the fragmented. 2 Several secondary impacts that restricted range of less than 130 km (50 rate of habitat loss throughout the 2 degrade suitable habitats have also mi ). Its habitat continues to be Atlantic Forest biome has increased impacted. Habitat degradation can resulted from the above activities and since the mid-1990s (Hodge et al. 1997, adversely impact this species just as represent significant risks to the p. 1; CEPF 2001, p. 10; Rocha et al. equally as it impacts primary forest- Brazilian merganser. These secondary 2005, p. 270). Native habitats at many of obligate species (Harris and Pimm 2004, impacts include increased runoff and the remaining sites may be lost over the pp. 1612–1613). While the black-hooded severe siltation (from agricultural fields, antwren is relatively abundant locally, next several years (Rocha et al. 2005, p. livestock pastures, deforestation, the entire range of the species 263). Furthermore, because the black- diamond mining, and human impacts encompasses only about 130 km2 (50 hooded antwren’s extant population is from population centers); changes in mi2), with only 45 percent of this area already small, highly fragmented, and hydrologic conditions and local water considered occupied (BLI 2010a, pp. 1– believed to be declining (BLI 2010a, pp. tables (as a result of dam operations 2). 1–3), any further loss or degradation of (e.g., flood control, power generation) The black-hooded antwren occurs in its remaining suitable habitat represents and excessive pumping for irrigation or one of the most densely populated a significant threat to the species. domestic and industrial water use); and , and most of the Therefore, we find that destruction and increases in water pollutants (due to tropical forest habitats believed to have modification of habitat are threats to the agricultural, industrial, and domestic been used historically by the species continued existence of the black-hooded waste products) (del Hoyo et al. 1992, p. have been converted or are severely antwren. 625; Benstead 1994, p. 8; Collar et al.

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1994, p. 51; Pineschi 1999, p. 1; Silveira remaining suitable habitat will severely threaten the last known tracts of habitat and Bartman 2001, pp. 297–298; Braz et impact the species (see Factor E). within the Atlantic Forest biome that al. 2003, p. 70; Lamas and Santos 2004, Therefore, based on the best scientific may still harbor the cherry-throated p. 40; Bianchi et al. 2005, p. 73; Hughes data currently available, we find that the tanager. Because the species’ extant et al. 2006, pp. 40–48; Lamas 2006, pp. present or threatened destruction, population is extremely small, highly 151–153; BLI 2007a, pp. 1–6; Ducks modification, or curtailment of the fragmented, and believed to be Unlimited 2007, p. 1; Silveira 2008, p. species’ habitat or range threatens the declining (BLI 2010d, p. 1), any further 421; Lamas and Lins 2009, p. 5). These continued existence of the Brazilian loss or degradation of its remaining secondary impacts negatively affect the merganser. suitable habitat will adversely impact Brazilian merganser by reducing water the cherry-throated tanager. Therefore, Cherry-Throated Tanager clarity, altering water depths and flow we find that past and ongoing patterns, removing or limiting Most of the tropical forest habitats destruction and modification of the populations of preferred prey species, believed to have been used historically cherry-throated tanager’s habitat are and introducing toxic compounds. by the cherry-throated tanager have threats to the continued existence of the These secondary impacts may also been converted or are severely degraded species. increase the risk of introducing disease due to human activities (Ridgely and Fringe-Backed Fire-Eye vectors and expanding populations of Tudor 1989, p. 34; Bauer et al. 2000, pp. potential predator and competitor 98–105; Venturini et al. 2005, p. 68; BLI The fringe-backed fire-eye occurs in species into areas occupied by the 2010d, p. 2). Degraded and fragmented one of the most densely human Brazilian merganser. forests cause a decrease in gene flow, populated regions of Brazil. Most of the The loss of habitat throughout the which may cause inbreeding and tropical forest habitats believed to have historic range of the Brazilian merganser decreased fitness of forest species been used historically by the species due to the above human activities has (Tabanez and Viana 2000, pp. 929–932). have been converted or are severely drastically reduced the species’ In the Atlantic Forest, there is a high degraded due to a wide range of human abundance and extent of its occupied percentage of rare tree species (these activities described above (Collar and range. These activities are currently a researchers defined rare species as being Andrew 1988, p. 102; Collar et al. 1992, significant risk to the species’ continued found only once in the forest fragment). p. 678; Sick 1993, p. 407; Collar et al. existence because populations are being Due to their method of reproduction, if 1994, p. 135; BLI 2003a, p. 4; del Hoyo limited to highly fragmented patches of these rare tree species are not able to et al. 2003, p. 638; Conservation habitat (Collar and Andrew 1988, p. 21; cross-pollinate, rather if they are self- International 2007a, p. 1; Ho¨fling 2007, Collar et al. 1992, pp. 83–84; Collar et pollinating or self-incompatible (in- p. 1; TNC 2007, p. 1; World Wildlife al. 1994, p. 51; Benstead 1994, p. 8; breeding), reduction in fitness may Fund 2007, pp. 3–51; BLI 2010e, p. 2). Benstead et al. 1994, p. 36; Silveira occur. This inbreeding could lead to an This species is not believed to be 1998, pp. 57–58; Hughes et al. 2006, pp. increase in local extinction of tree strictly tied to primary forest habitats 37–48; BLI 2007a, pp. 1–6). Although species on which species such as the and may be able to make use of early this species seems to tolerate some cherry-throated tanager depends. The successional, secondary-growth forests environmental degradation if there are degradation of forests has led to an with dense understory vegetation well preserved stretches in its territory increase in density of liana (woody (Collar et al. 1992, p. 677; del Hoyo et in which the birds can seek shelter vines that may be native or non-native) al. 2003, p. 637; BLI 2007e, p. 2). (Lamas 2006, p. 151), we expect the in the Atlantic forests of Brazil in part However, this does not necessarily degree of these threats will continue and due to the increase in light availability. lessen the risk to the species from the likely increase in the future. Liana infestation of these forest effects of deforestation and habitat fragments cause tree falls and encourage degradation. Habitat degradation can Summary of Factor A—Brazilian gap-opportunistic species to take over adversely impact species that tolerate Merganser (Tabanez and Viana 2000, pp. 929–932), secondary-growth forests as equally as it The above-mentioned human thus further altering the old forest impacts primary forest-obligate species activities and their secondary impacts structure of the cherry-throated (Harris and Pimm 2004, pp. 1612–1613). have significantly reduced the amount tanager’s preferred habitat. The entire range of the fringe-backed of suitable habitat for the Brazilian Secondary impacts that are associated fire-eye encompasses approximately merganser, and the remaining areas of with forest fragmentation and 4,990 km2 (1,924 mi2), with only 20 occupied habitat are highly fragmented. degradation include the potential percent of this area considered occupied In addition, these activities are ongoing introduction of disease vectors and (BLI 2007e, pp. 1–4; BLI 2010e). and continue to adversely impact all of exotic predators within the species’ The susceptibility to extirpation of the remaining suitable habitat within historic range. As a result of these limited-range species that are tolerant of the Atlantic Forest and Cerrado biomes secondary impacts, there is often a time secondary-growth forests or other that may still harbor the Brazilian lag between the initial conversion or disturbed sites can occur for a variety of merganser. Even with the recent passage degradation of suitable habitats and the reasons. These reasons may include of national forest policy and despite extinction of endemic bird populations when a species’ remaining population is many other legal protections in Brazil (Brooks et al. 1999a, p. 1; Brooks et al. already too small or its distribution too (see Factor D), the rate of habitat loss 1999b, p. 1140). Therefore, even without fragmented such that it may no longer throughout southeastern Brazil has further habitat loss or degradation, the be demographically or genetically viable increased since the mid-1990s (Hodge et cherry-throated tanager remains at risk (Harris and Pimm 2004, pp. 1612–1613). al. 1997, p. 1; CEPF 2001, p. 10; Rocha from past impacts to its primary forest In addition, while the fringe-backed fire- et al. 2005, p. 270). Furthermore, habitats. eye may be tolerant of secondary-growth because the Brazilian merganser’s extant forests or other disturbed sites, these population is already extremely small, Summary of Factor A—Cherry-Throated areas may not represent optimal highly fragmented, and believed to be Tanager conditions for the species, which could declining (BLI 2010b, pp. 1–4), any The activities described above and include dense understories and further loss or degradation of its their secondary impacts continue to abundant prey species. For example,

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management of plantations often 2005, pp. 263, 270). Furthermore, Even when potentially occupied sites involves intensive control of the site’s because the species’ extant population are formally protected (see Factor D), understory vegetation and long-term use is already small, highly fragmented, and the remaining fragments of forested of pesticides, which eventually result in believed to be declining (BLI 2010e, p. habitat may undergo further severely diminished understory cover 1), any further loss or degradation of its degradation. The degradation is due to and loss of potential prey species (Scott remaining suitable habitat represents the area’s altered dynamics and species and Brooke 1985, p. 118; Saatchi et al. significant threat to the species (see isolation. This is characterized by 2001, pp. 868–869; Rolim and Chiarello Factor E). Therefore, we find that decreased gene flow, an increase in 2004, pp. 2687–2691). Such destruction and modification of habitat inbreeding, decrease in species fitness, management practices eventually result are threats to the continued existence of increase in liana infestation, and in the loss of native understory plant the fringe-backed fire-eye. dominance of gap-obligate species species and create relatively open (Tabanez and Viana 2000, pp. 929–932). understories, which the fringe-backed Kaempfer’s Tody-Tyrant Secondary impacts that are associated fire-eye avoids (Collar et al. 1992, p. The Kaempfer’s tody-tyrant is not with human activities that degrade and 677; del Hoyo et al. 2003, p. 637; BLI strictly tied to primary forest habitats remove native habitats within the 2007e, p. 2). and can inhabit secondary-growth areas Atlantic Forest biome include the Secondary impacts associated with (Collar et al. 1992, p. 776; Barnett et al. potential introduction of disease vectors the above human activities include the 2000, pp. 372–373, 377; BLI 2010c, pp. and exotic predators within the species’ potential introduction of disease vectors 1–2). However, this does not lessen the historic range (see Factor C). As a result or exotic predators within the species’ threat to the species from the effects of of these secondary impacts, there is historic range (see Factor C). As a result ongoing deforestation and habitat often a time lag between the initial of these secondary impacts, there is degradation. This species has a conversion or degradation of suitable often a time lag between the initial restricted range (i.e., less than 21,000 habitats and the extinction of endemic conversion or degradation of suitable km2 (8,100 mi2)), and its habitat is likely bird populations (Brooks et al. 1999a, p. habitats and the extinction of endemic to continue to shrink and become more 1; Brooks et al. 1999b, p. 1140). bird populations (Brooks et al. 1999a, p. degraded due to development along the Therefore, even without further habitat 1; Brooks et al. 1999b, p. 1140). Even coast and secondary impacts that loss or degradation, the Kaempfer’s when potentially occupied sites may be accompany development. Thus, habitat tody-tyrant remains at risk from past formally protected (see Factor D), the degradation can adversely impact such impacts to its suitable forested habitats. remaining fragments of forested habitat species just as equally as it impacts will likely undergo further degradation Summary of Factor A—Kaempfer’s primary forest-obligate species (Harris Tody-Tyrant due to their altered dynamics and and Pimm 2004, pp. 1612–1613). isolation (through infestation of gap- The Kaempfer’s tody-tyrant occurs in opportunistic species, which alter forest The susceptibility to extirpation of one of the most densely populated structure and decrease in gene flow limited-range species that are tolerant of regions of Brazil, and most of the between species) (Tabanez and Viana secondary growth occurs for a variety of tropical forest habitats believed to have 2000, pp. 929–932). Therefore, even reasons. These reasons include when a been used historically by the species without further habitat loss or species’ remaining population is already have been converted or are severely degradation, the fringe-backed fire-eye too small or its distribution too degraded due to the range of human remains at risk from past impacts to its fragmented such that it may no longer activities identified above. In addition, suitable habitats. be demographically or genetically viable the remaining tracts of suitable habitat (Harris and Pimm 2004, pp. 1612–1613). potentially used by the species, Summary of Factor A—Fringe-Backed In addition, while the Kaempfer’s tody- including many secondary-growth Fire-Eye tyrant may be tolerant of secondary- forests, are subject to ongoing clearing Most of the tropical forest habitats growth forests or other disturbed sites, for agricultural fields, plantations (e.g., believed to have been used historically some areas may not represent optimal banana, palmetto, and rice), logging, by the fringe-backed fire-eye have been conditions for the species. For example, livestock pastures, and industrial and converted or are severely degraded due management of plantations often residential developments (Collar et al. to the above human activities. In involves intensive control of the site’s 1992, p. 776; Barnett et al. 2000, pp. addition, the remaining tracts of suitable understory vegetation and long-term use 377–378; BLI 2010c, p. 4). habitat potentially used by the species, of pesticides, which eventually result in Even with the recent passage of including many secondary-growth severely diminished understory cover national forest policy and despite many forests, are subject to ongoing clearing and increased incidence of potential other legal protections in Brazil (see for agriculture fields and plantations prey species (Scott and Brooke 1985, p. Factor D), the rate of habitat loss (e.g., sugar cane and oil palm), livestock 118; Saatchi et al. 2001, pp. 868–869; throughout the Atlantic Forest biome pastures, and industrial and residential Rolim and Chiarello 2004, pp. 2687– has increased since the mid-1990s developments (Collar and Andrew 1988, 2691). Such management practices (Hodge et al. 1997, p. 1; CEPF 2001, p. p. 102; Collar et al. 1992, p. 678). eventually result in the loss of native 10; Rocha et al. 2005, p. 270). Native Even with the recent passage of understory plant species and relatively habitat at many of the remaining sites national forest policy and in the face of open understories. Insectivorous birds may continue to be lost over the next many other legal protections in Brazil that feed in the understory, including several years (Rocha et al. 2005, p. 263). (see Factor D), the rate of habitat loss those in the genus Hemitriccus, are In addition, because the extant throughout the Atlantic Forest biome especially vulnerable to such habitat population of the Kaempfer’s tody- has increased since the mid-1990s modifications (Goerck 1997, p. 117). tyrant is already small, highly (Hodge et al. 1997, p. 1; CEPF 2001, p. While the Kaempfer’s tody-tyrant may fragmented, and believed to be 10; Rocha et al. 2005, p. 270), and native inhabit some degraded habitat, this declining (BLI 2010c, pp. 1–3), any habitat at many of the remaining sites species does not appear to occupy further loss or degradation of its where this species exists may be lost altered sites such as plantations (Barnett remaining suitable habitat will over the next several years (Rocha et al. et al. 2000, p. 377). adversely impact the species. Therefore,

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we find that destruction and Additionally, even when forested 606–607; Payne 2005, p. 207). modification of habitat are threats to the lands are formally protected (see Factor Terrestrial insectivorous birds that are continued existence of the Kaempfer’s D), the remaining fragments of habitat primary forest-obligate species, such as tody-tyrant. where the subspecies may still occur the southeastern rufous-vented ground- will likely continue to undergo cuckoo, are especially vulnerable to Margaretta’s Hermit degradation due to their altered habitat modifications (Goerck 1997, p. Most of the tropical forest habitats dynamics and isolation (Tabanez and 116), and cannot occupy these believed to have been used historically Viana 2000, pp. 929–932). The potential extensively altered habitats. Del Hoyo et by the Margaretta’s hermit have been introduction of disease vectors or exotic al. (1997, p. 207) suggest that the rufous- converted or are severely degraded due predators within the subspecies’ historic vented ground-cuckoo would be one of to habitat destruction for uses such as range (see Factor C) is a secondary the first species to be extirpated from an agriculture, development, or firewood, impact that can be associated with area when its primary forest habitat is similar to the other species above. The human activities and that can further isolated. This is based on the extirpation Margaretta’s hermit cannot occupy these degrade the remaining tracts of forested of another Neomorphus geoffroyi extensively altered areas (ICBP 1981, p. habitat potentially used by the subspecies at Barro Colorado in 2; Scott and Brooke 1985, p. 118; Sick subspecies. As a result of secondary response to operations of the Panama 1993, p. 338; del Hoyo et al. 1999, p. impacts, there is often a time lag Canal (del Hoyo et al. 1997, pp. 606– 543). While the Margaretta’s hermit is between the initial conversion or 607; Payne 2005, p. 207). not strictly tied to primary forest degradation of suitable habitats and the Even when they are formally habitats and can make use of secondary- extinction of endemic bird populations protected (see Factor D), the remaining growth forests, this does not lessen the (Brooks et al. 1999a, p. 1; Brooks et al. fragments of primary forest habitat threat to the subspecies from the effects 1999b, p. 1140). Therefore, even without where the subspecies may still occur of deforestation and habitat degradation. further habitat loss or degradation, the will likely undergo further degradation Habitat degradation can adversely Margaretta’s hermit remains at risk from due to their altered dynamics and impact species that are tolerant of past impacts to its suitable forested isolation (Tabanez and Viana 2000, pp. secondary-growth forests just as equally habitats. 929–932). In addition, secondary as it impacts primary forest obligate impacts associated with human Summary of Factor A—Margaretta’s activities include the potential species (Harris and Pimm 2004, pp. Hermit 1612–1613). introduction of disease vectors or exotic The Margaretta’s hermit’s range predators within the subspecies’ historic The susceptibility to extirpation of occurs within one of the most densely range (see Factor C). As a result of the rare, limited-range species that are populated regions of Brazil. Human above influences, there is often a time tolerant of secondary-growth forests activities and their secondary impacts lag between the initial conversion or occurs for a variety of reasons, such as continue to threaten the last known degradation of suitable habitats and the when a species’ remaining population is tracts of habitat within the Atlantic extinction of endemic bird populations already too small or its distribution too Forest biome that may still harbor the (Brooks et al. 1999a, p. 1; Brooks et al. fragmented such that it may no longer Margaretta’s hermit. Even with the 1999b, p. 1140). Therefore, even without be demographically or genetically viable recent passage of national forest policy further habitat loss or degradation, the (Harris and Pimm 2004, pp. 1612–1613). and despite many other legal southeastern rufous-vented ground- The last site known to be occupied by protections in Brazil (see Factor D), the cuckoo remains at risk from past the Margaretta’s hermit totaled only rate of habitat loss throughout the impacts to its primary forest habitats. about 40 km2 (15 mi2) (ICBP 1981, p. 2). Atlantic Forest biome has increased While the Margaretta’s hermit may be since the mid-1990s, and native habitats Summary of Factor A—Southeastern tolerant of secondary-growth forests, at many of the remaining sites where Rufous-Vented Ground-Cuckoo they may not represent optimal this species is likely to occur may be The above human activities and their conditions for the species. For example, lost over the next several years (Rocha secondary impacts continue to threaten many hummingbird species are et al. 2005, p. 263). The Margaretta’s the remaining tracts of habitat within susceptible to excessive sunlight and hermit has already been reduced to such the Atlantic Forest biome that may still readily abandon their nests in altered an extent that it is now only known harbor the southeastern rufous-vented forested sites that receive too much from a relatively old (ca. 1978) sighting ground-cuckoo (del Hoyo et al. 1997, exposure from sunlight (Sick 1993, p. (ICBP 1981, p. 2; Willis and Oniki 2002, pp. 606–607; BLI 2003a, p. 4; 331). This exposure can occur due to p. 21), and any further loss or Conservation International 2007a, p. 1; various human activities that result in degradation of its remaining suitable Ho¨fling 2007, p. 1; TNC 2007, p. 1; partial clearing (e.g., selective logging). habitat could cause the extinction of Payne 2005, p. 207; World Wildlife In addition, management of plantations this subspecies. Therefore, we find that Fund 2007, pp. 3–51). Even with the often involves intensive control of the destruction and modification of habitat recent passage of national forest policy, site’s understory vegetation, which are threats to the continued existence of and despite many other legal eventually results in severely the Margaretta’s hermit. protections in Brazil (see Factor D), the diminished understory cover as well as rate of habitat loss throughout food sources (Rolim and Chiarello 2004, Southeastern Rufous-Vented Ground- southeastern Brazil has increased since pp. 2679–2680; Saatchi et al. 2001, pp. Cuckoo the mid-1990s (Hodge et al. 1997, p. 1; 868–869). Even if the forest canopy Most of the tropical forest habitats CEPF 2001, p. 10; Rocha et al. 2005, p. structure remains largely intact, such believed to have been used historically 270). The subspecies’ population has management practices eventually result by the southeastern rufous-vented already been reduced to such an extent in loss of native understory plant ground-cuckoo have been converted or that it is now only known from one species and severely altered understory severely degraded by the human possible recent (ca. 2004) sighting of a structure and dynamics, which can be activities discussed above (ICBP 1981, single bird (Scoss et al. 2006, p. 1). Any especially detrimental to species such as p. 1; Scott and Brooke 1985, p. 118; Sick further loss or degradation of remaining the Margaretta’s hermit. 1993, p. 286; del Hoyo et al. 1997, pp. suitable habitat could cause the

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extinction of this subspecies. Therefore, museum exhibition, and hunting were Margaretta’s hermit were collected for we find that destruction and mentioned as possibly affecting use in the fashion industry due to their modification of habitat are threats to the populations of the Brazilian merganser. colorful plumage. Populations of some continued existence of the southeastern Although these may occur, the best species have been extirpated or remain rufous-vented ground-cuckoo. available information does not indicate severely diminished as a result (Sick that they are occurring on a scale that 1993, pp. 337–338). Due to concerns B. Overutilization for Commercial, threatens this species (BLI 2010b, p. 2). about hummingbirds in international Recreational, Scientific, or Educational Therefore, we do not believe these trade, in 1987, the entire family, Purposes activities are threats to the species. Trochilidae, was listed in Appendix II Black-hooded antwren, Cherry-throated Tourism is known to occur in SCNP; of CITES (www.cites.org). CITES is a tanager, Fringe-backed fire-eye, however, it currently does not appear to treaty that implements a system of Kaempfer’s tody-tyrant, and be a threat to the species (Lamas 2006, permits to regulate international trade in Southeastern rufous-vented ground- p. 152). SCNP’s protected area is certain protected animal and plant cuckoo approximately 715 km2 (276 mi2) species. (Lamas 2006, p. 146). The park was Appendix II of CITES includes Other than bird watching, we are specifically created to protect the species that, although not necessarily unaware of any commercial, headwaters of the Sa˜o Francisco River threatened presently with extinction, recreational, scientific, or educational (2,830 km (1,760 mi) in length), and to may become so unless the trade in purpose for which the black-hooded protect wildlife in Southeastern Brazil. specimens is strictly controlled. antwren, Cherry-throated tanager, Although the Brazilian merganser is a International trade in specimens of Fringe-backed fire-eye, Kaempfer’s tody- shy species, some birds may become Appendix-II species is authorized tyrant, and Southeastern rufous-vented habituated to tourism. A breeding pair through permits or certificates, once the ground-cuckoo are currently being used. was observed for several years that granting authorities have ascertained Ecotourism such as bird watching is a inhabited a frequently visited area of the certain factors, including that trade will vital component of conservation efforts. park (Bartmann 1988; Silveira and not be detrimental to the survival of the These efforts focus people’s awareness Bartmann 2001 in Lamas 2006, p. 152). species in the wild, and that the on the forest and its value. Ecotourism, This is uncommon behavior for this specimen was legally acquired although it may have detrimental effects species, but it demonstrates that some of (www.cites.org). in some cases, is generally considered these birds are able to tolerate some Since the listing of the family under important to species’ long-term amount of tourism. Additionally, CITES in 1987, there have been eight conservation (Riley & Wardill 2001; although tourism occurs in the park, CITES-permitted international Whitten 2006). The best available tourists do not access the entire area transactions in specimens of the species information does not indicate that that may be potentially inhabited by the Phaethornis malaris; however, no trade tourism, particularly bird watching, Brazilian merganser. Not all of the has been reported at the subspecies threatens any of these species. As a suitable habitat for this species is easily level, Phaethornis malaris margarettae result, we do not consider accessible to tourists (Lamas 2006, pp. (John Caldwell, United Nations overutilization to threaten the continued 146–147). Based on surveys done by Environment Programme, World existence of the black-hooded antwren, Lamas, it appears that there is adequate Conservation Monitoring Centre cherry-throated tanager, fringe-backed habitat in the park for the species to (UNEP–WCMC), pers. comm., May 13, fire-eye, Kaempfer’s tody-tyrant, and conduct breeding and feeding activities 2008). According to WCMC, the 8 southeastern rufous-vented ground- despite the level of tourism that occurs. transactions involved a total of 30 cuckoo. During the 2001–2002 period, 49 stream specimens of Phaethornis malaris, For the following two species, segments were surveyed, and this which were imported into the United Brazilian merganser and Margaretta’s species was found in 9 locations; 81 States from the United Kingdom, Peru, hermit, additional discussion of threats birds were believed to inhabit the areas and Suriname. The two latter countries follows. sampled (Lamas 2006, pp. 145, 149). are within the species’ range (John Brazilian Merganser There appears to be a healthy Caldwell, UNEP–WCMC, pers. comm., population of Brazilian mergansers in May 12, 2008). Due to the suspected Historically, there was likely little this park, and again, not all of the small, declining population and rangewide hunting pressure on the suitable habitat for this species is easily restricted range of the Margaretta’s Brazilian merganser, presumably due to accessible to tourists. The amount of hermit, we believe that the 30 the species’ secretive nature, naturally tourism occurring does not appear to specimens reported in trade were not low densities in relatively inaccessible negatively affect this species based on this subspecies. Furthermore, we are areas, and poor palatability (Partridge the unexpectedly high number of birds unaware of any unreported CITES trade 1956, p. 478; Silveira and Bartman 2001, encountered during the 2001–2002 or illegal international trade in p. 297; Lamas 2006, pp. 152–153). Since survey results. Therefore, we do not find specimens of Margaretta’s hermit. the first formal description of the that tourism is a threat to the species. Therefore, we believe that international species in the early 1800s, the Brazilian We are unaware of any other trade is not a factor influencing the merganser was collected for scientific commercial, recreational, scientific, or subspecies’ status in the wild. study and museum exhibition (Hughes educational purpose for which the Local hummingbird populations may et al. 2006, p. 46; BLI 2007a, p. 2). Past Brazilian merganser is currently being also be impacted by collection for hunting and specimen collection may used. As a result, we do not consider various uses, including scientific have contributed to the species’ decline overutilization to threaten the continued research, preparation of ‘‘novelty’’ in some areas (Hughes et al. 2006, p. existence of the Brazilian merganser. exhibits, consumption in local dishes, 46). These activities may continue and for the zoo or pet trade (Scott and today, although presumably at very low Margaretta’s Hermit Brooke 1985, p. 118; Sick 1993, pp. levels (Benstead 1994, p. 8; Hughes et In the past, many species of 337–338; Rolim and Chiarello 2004, pp. al. 2006, p. 48). In the proposed rule, hummingbirds that occur in 2679–2680). However, the best available species collection for scientific study, southeastern Brazil such as the information does not indicate that these

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activities occur with respect to the Extensive human activity in scientific and commercial information Margaretta’s hermit. previously undisturbed or isolated areas does not indicate that the occurrence of The population of the Margaretta’s can also lead to altered predator these predators causes significant hermit is likely extremely small and populations and the introduction of threats to the Brazilian merganser. various exotic predator species, such as occurs within a severely restricted Margaretta’s Hermit range. Due to its rarity, the removal or feral cats (Felis catus) and rats (Ratus With regard to predation, a variety of dispersal of any individuals of this spp.), which can be especially harmful to populations of endemic bird species reptiles (e.g., snakes, lizards) and subspecies or even a slight decline in predatory birds (e.g., owls, hawks) are the population’s fitness due to any (Courchamp et al. 1999, p. 219; Small 2005, p. 257; American Bird known to prey on hummingbirds (Sick intentional or inadvertent hunting and 1993, pp. 336–337). Young specimen collection would adversely Conservancy 2007, p. 1; Duncan and Blackburn 2007, pp. 149–150; Salo et al. hummingbirds can be parasitized by impact the subspecies’ overall viability botflies (Philornis spp.) (Sick 1993, pp. (see Factor E). However, while these 2007, pp. 1241–1242). Large, stable populations of wildlife species generally 336–337). Furthermore, nestling potential influences remain a concern hummingbirds can be killed by raiding for future management of the adapt to natural levels of predation within their historic ranges. However, army ants (Eciton spp.), while some Margaretta’s hermit, we are unaware of the best available scientific and hornets and bees are potential any other commercial, recreational, commercial information does not competitors for flower nectar and have scientific, or educational purpose for indicate that the occurrence of been known to lethally sting adult which the Margaretta’s hermit is predation is of sufficient magnitude that hummingbirds. Although this species is currently being utilized. it threatens the Black-hooded antwren, affected by predators, the available Summary of Factor B Cherry-throated tanager, Fringe-backed information suggests that predation is fire-eye, Kaempfer’s tody-tyrant, and naturally occurring at a normal level The best available information does Southeastern rufous-vented ground- and is a normal aspect of population not indicate that overutilization for cuckoo. Nor do we expect the degree of dynamics. As a result, we do not believe commercial, recreational, scientific, or predation on each of these species to that predation is considered to currently educational purposes are threats to the increase in the future. pose a threat to this species. The best seven bird species addressed in this For the following two species, available scientific and commercial rule. Therefore, we find that Brazilian merganser and Margaretta’s information does not indicate that the overutilization for commercial, hermit, additional discussion of occurrence of these predators or recreational, scientific, or educational potential predation threats follows. parasites causes significant threats to purposes is not a threat to any of these the Margaretta’s hermit. seven species. Brazilian Merganser There are a number of suspected Summary of Factor C C. Disease or Predation predators of the Brazilian merganser Disease and predation remain a Black-Hooded Antwren, Brazilian (Hughes et al. 2006, p. 44; Lamas and concern for the management of each of Merganser, Cherry-Throated Tanager, Santos 2004, p. 39; Partridge 1956, p. these seven species (black-hooded Fringe-Backed Fire-eye, Kaempfer’s 486). Lins and colleagues observed a antwren, Brazilian merganser, cherry- Tody-Tyrant, Margaretta’s Hermit, and great black-hawk (Buteogallus throated tanager, fringe-backed fire-eye, Southeastern Rufous-Vented Ground- urubitinga) swooping over a merganser Kaempfer’s tody-tyrant, Margaretta’s Cuckoo in Serra da Canastra. The merganser hermit, and the southeastern rufous- evaded capture by diving under the vented ground-cuckoo). However, the Diseases of these seven species are water each time the hawk got close best available information does not poorly known and are not currently (Lamas and Lins 2009, p. 4). Partridge indicate that the occurrence of disease considered to be a threat to the Black- (1956, p. 480) also drew attention to the or predation incurred by these species hooded antwren, Brazilian Merganser, black-and-white hawk-eagle as amongst rises to the level of threats that place Cherry-throated tanager, Fringe-backed the most dangerous predators of any of these species at risk of extinction. fire-eye, Kaempfer’s tody-tyrant, Brazilian merganser in Argentina. The As a result, we do not find that disease Margaretta’s hermit, and Southeastern same author highlighted the ‘‘dourado’’ or predation threatens the continued rufous-vented ground-cuckoo, or a (Salminus brasiliensis, syn. maxillosus), existence of any of these seven species. factor in their decline. Large, stable one of the most voracious fish of the populations of wildlife species are upper Parana´, as a potential enemy to D. The Inadequacy of Existing generally able to adapt to natural levels young ducklings of any species. Regulatory Mechanisms of disease within their historic ranges. Partridge hypothesized that the species’ All of these seven species are formally However, the extant populations of distribution may be naturally limited to recognized as ‘‘endangered’’ in Brazil these seven species are considered to be upper river tributaries above waterfalls (Order No. 1.522) and are directly small, fragmented, and declining (see due to predation of their young by large protected by various laws promulgated species descriptions above). Extensive predatory fish, such as the dourado. In by the Brazilian government (Collar et human activity in previously addition, extensive human activity in al. 1992, p. 667; ECOLEX 2007, pp. 1– undisturbed or isolated areas has been previously undisturbed or isolated areas 2; BLI 2010d, p. 2). For example, there known to lead to the introduction and can result in altered predator or are measures that prohibit, or regulate spread of exotic diseases such as West competitor (e.g., cormorant through Federal agency oversight, the Nile virus. Some of these diseases can (Phalacrocorax spp.)) populations and following activities with regard to negatively impact endemic bird the introduction of various exotic endangered species: Export and populations (Neotropical News 2003, p. predator species, such as feral dogs international trade (e.g., Decree No. 1; Naugle et al. 2004, p. 704). However, (Canis familiaris) and fish such as the 76.623, Order No. 419–P), hunting (e.g., there is no evidence that disease is largemouth bass (Micropterus Act No. 5.197), collection and research negatively impacting any of these seven salmoides) (Hughes et al. 2006, pp. 44– (Order No. 332), captive propagation bird species. 45). However, the best available (Order No. 5), and general harm (e.g.,

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Decree No. 3.179). These measures (1) protected areas in the Atlantic Forest’s rapid expansion, and has taken steps to prohibit exploitation of the remaining Bahia region were established through better manage some of the natural primary forests within the Atlantic decree encompassing 65,070 ha resources potentially impacted (Nunes Forest biome (e.g., Decree No. 750, (160,791 ac) (Conservation International and Kraas 2000, p. 45; Neotropical News Resolution No. 10); (2) govern various 2010). Although these protected areas 2003, p. 13; Venturini et al. 2005, p. 68; practices associated with the exist, activities such as deforestation Butler 2007, p. 7; Costa 2007, p. 7). management of primary and secondary and sustainable-use practices still occur Despite these efforts, threats to areas forests, such as logging, charcoal in the Cerrado and Atlantic Forest containing habitat for each of these production, reforestation, recreation, regions (Ryland 2005, p. 616). seven species continue (ADEJA 2007, and water resources (e.g., Resolution Brazil is faced with competing pp. 1–2; BLI 2010d, p. 2). Therefore, No. 9, Act No. 4.771, Decree No. 1.282, priorities of encouraging development even with the expansion or further Decree No. 3.420, Order No. 74–N, Act for economic growth and resource designation of protected areas, it is No. 7.803); (3) establish provisions for protection. In the past, the Brazilian unlikely that the identified impacts to controlling forest fires (e.g., Decree No. government, through various each of these seven species (e.g., habitat 97.635, Order No. 231–P, Order No. regulations, policies, incentives, and loss due to residential and agricultural 292–P, Decree No. 2.661); and (4) subsidies, has actively encouraged encroachment, resource extraction, and regulate industrial developments, such settlement of previously undeveloped grazing) will be adequately addressed as hydroelectric plants and biodiesel lands in southeastern Brazil, which through existing regulatory mechanisms production (e.g., Normative Instruction helped facilitate the large-scale habitat at the sites where these species are No. 65, Law No. 11.116). conversions that have occurred found or in their habitat. There are also various regulatory throughout the Atlantic Forest and mechanisms (Law No. 11.516, Act No. Cerrado biomes (Ratter et al. 1997, pp. Species-Specific Evaluations under 7.735, Decree No. 78, Order No. 1, Act 227–228; Saatchi et al. 2001, p. 874; Factor D No. 6.938) in Brazil that direct Federal Brannstrom 2000, p. 326; Butler 2007, p. Black-Hooded Antwren and State agencies to promote the 3; Conservation International 2007c, p. protection of lands and that govern the 1; Pivello 2007, p. 2). These The black-hooded antwren occurs in formal establishment and management development projects include logging, a narrow coastal band below Rio de of protected areas to promote housing and tourism developments, and Janeiro. It has been seen in the buffer conservation of the country’s natural expansion of plantations (Collar et al. zone around Serra da Bocaı´na National resources (ECOLEX 2007, pp. 5–7). 1992, p. 776; Ratter et al. 1997, pp. 227– Park and possibly within Tamoios These mechanisms generally aim to 228; Barnett et al. 2000, pp. 377–378; Environmental Protection Area and the protect endangered wildlife and plant Saatchi et al. 2001, p. 874; Butler 2007, Ecological Reserve of Jacarepia´ (del species, genetic resources, overall p. 3). All of these projects impact Hoyo 2003, p. 616; World Twitch 2007, biodiversity, and native ecosystems on potentially important sites for each of p. 12; BLI 2010d, p. 2). It has been Federal, State, and privately owned these seven species and would affect recommended that some of the sites lands (e.g., Law No. 9.985, Law No. habitat within and adjacent to where the species has been found be 11.132, Resolution No. 4, Decree No. established protection areas (Collar et expanded and other sites be designated 1.922). Brazil’s formally established al. 1992, p. 776; Barnett et al. 2000, p. to ensure the species’ currently protection areas were developed in 2000 377–378). The Brazilian government occupied range is within protected and are categorized based on their encouraged further development of areas. overall management objectives. These dams for hydroelectric power, irrigation, include national parks, biological or municipal water supplies; expansion Brazil’s laws requiring resource reserves, ecological reserves, ecological of agricultural practices, primarily for protection that should benefit the black- stations, environmental protection soybean production; and tourism hooded antwren are not effective due to areas, and national forests (Ryland 2005, enterprises (Braz et al. 2003, p. 70; the pressure to develop that is occurring pp. 612–618). These areas allow varying Hughes et al. 2006, pp. 51–56). These in coastal areas south of Rio de Janeiro. uses and provide varying levels of competing priorities make it difficult to Despite the existence of regulatory protection for specific resources (Costa enforce regulations that protect the mechanisms to protect the species and 2007, pp. 5–19). For example, Biological habitat of these seven species. its habitat, habitat loss throughout the Reserves are restricted to a greater Thus, for the above reasons as well as Atlantic Forest biome has increased for extent than the National Parks. Official lack of funding, personnel, or local more than a decade, with adverse uses of reserves include scientific study, management commitment, some of impacts continuing and likely environmental monitoring, and Brazil’s protected areas exist without increasing into the foreseeable future. scientific education (Costa 2007, p. 9). the current capacity to achieve their The existing regulatory mechanisms Protected areas were recommended stated objectives have proven difficult to enforce (Scott for the majority of 900 priority areas for (Neotropical News 1996, pp. 9–10; and Brooke 1985, pp. 118, 130; biodiversity conservation for Brazil’s Neotropical News 1999, p. 9; IUCN Neotropical News 1997b, p. 11; BLI major biomes. Establishment of 1999, pp. 23–24; Bruner et al. 2001, p. 2003a, p. 4; Conservation International biodiversity corridors, with parks and 125; ADEJA 2007, pp. 1–2; Costa 2007, 2007c, p. 1; Costa 2007, p. 7; TNC 2007, reserves as key elements and the p. 7). The Worldwide Fund for Nature p. 2; Peixoto and Silva 2007, p. 5). As creation of protected areas in the 23 found that 47 of 86 protected areas were a result, threats to the black-hooded Amazonian ecoregions identified by below the minimum level of antwren’s remaining habitat are ongoing World Wildlife Fund, was also implementation of Federal (see Factor A) due to the challenges that recommended. As of 2005, there were requirements, with only seven Brazil faces to balance its competing 478 protected areas totaling 37,019,697 considered to be fully implemented development and conservation ha (14,981,340 ac). In addition to the (Neotropical News 1999, p. 9). More priorities. Therefore, when viewed in Federal and State protected areas, there recently, the Brazilian government has combination with the habitat threats are also 450 private natural heritage given greater recognition to the identified in Factor A, we find that the reserves (RPPNs). In June 2010, 4 new environmental consequences of such existing regulatory mechanisms are

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inadequate to ameliorate the current sites where the species occurs, resource hectares (ha) (12,355 acres (ac)) in threats to the black-hooded antwren. extraction and livestock grazing Espirito Santo. Espirito Santo is likely continue in Brazilian merganser habitat the only State in Brazil where this Brazilian Merganser and pose threats to this species. In species still exists. One of the key sites The Brazilian merganser is legally addition, not all of the remaining still occupied by the species is the protected by national legislation Brazilian mergansers occur in protected Pindobas IV Farm. It was recommended promulgated by the governments in all areas. Some key areas where the species that the farm be formally designated as three countries (Brazil, Argentina, and occur are not formally protected and are a protected area to help ensure the Paraguay) where it historically occurred subject to ongoing threats, such as species’ future protection, and the (Hughes et al. 2006, pp. 50–57). proposed hydropower projects, logging, owners of this farm have expressed According to the best available and continuing development (Lamas interest in this recommendation (Bauer information, the vast majority of the 2006; BLI 2010b). For these reasons, we et al. 2000, p. 106; BLI 2010d, p. 2). species’ remaining suitable habitats expect these threats will continue into Under Brazilian law, the remaining occurs (Hughes et al. 2006, pp. 28–31; the future. native forest on the owner’s land could BLI 2009a, pp. 1–2) in Brazil, and it is Despite the existence of these be designated as a private natural unclear whether there are populations regulatory mechanisms, habitat loss heritage reserve. In addition, in June remaining in Argentina and Paraguay throughout the Atlantic Forest biome 2010, the cherry-throated tanager (BLI 2010b). The Brazilian merganser is has increased for more than a decade, received additional protections in the formally recognized as ‘‘endangered’’ with adverse impacts continuing and form of a decree (no. 2529–R) and (Order No. 1.522) in Brazil, and there expected to increase into the future wildlife corridors. Ten priority are regulatory mechanisms that require (Scott and Brooke 1985, p. 118; Collar conservation areas were recognized by direct protection of the species et al. 1992, p. 84; BLI 2003a, p. 4; BLI the State of Espirito Santo (BLI 2010h). (ECOLEX 2007, pp. 1–2). 2003b, pp. 1–2; Braz et al. 2003, p. 70; These conservation measures represent Four of Brazil’s protected areas Lamas and Santos 2004, p. 40; Hughes progress for the conservation of this represent the major sites where the et al. 2006, p. 61; TNC 2007, p. 2). species. Brazilian merganser still occurs (Hughes Illegal or unauthorized activities Although Brazil still has various et al. 2006, pp. 53–54). It occurs in a few continue to impact the Brazilian government-sponsored measures that fragmented locations in south-central merganser, including logging of gallery continue to facilitate development Brazil, including the upper tributaries of forests within riverine buffer areas. projects, there is also a wide variety of rivers within the Atlantic Forest biome These activities include encroachment regulatory mechanisms that require and to the west in the Cerrado biome of logging; livestock grazing, subsistence protection of the cherry-throated tanager (Silveira and Bartmann 2001, pp. 287– activities within protected primary and and its habitat throughout the species’ 288; DePaula et al. 2008, p. 289). secondary forests; and intentional potentially occupied range. Notable among these areas are the Serra burning (Hughes et al. 2006, p. 61; TNC Conservation measures have improved da Canastra National Park in Minas 2007, p. 2; BLI 2009, p. 1). within Brazil. However, due to Gerais, which currently encompasses a Brazil’s resource protection laws are competing priorities, threats to the portion of the species’ largest known inadequate to combat the intense species’ remaining habitat are ongoing subpopulation (Bruno et al. 2006, p. 25; development pressure that exists within and are expected to continue. Therefore, Lamas 2006, p. 151); the Chapada dos the species’ range. Despite the existence when viewed with Factors A and E, we Veadeiros National Park in Goia´s of these regulatory mechanisms, and the find that the existing regulatory (Bianchi et al. 2005, pp. 72–73); and establishment in 2003 of a Brazilian mechanisms are inadequate to Jalapao State Park in Tocantins State Merganser Recovery Team, there are ameliorate the current threats to the (DePaula 2008, p. 289). These areas are additional challenges. Protected areas cherry-throated tanager. considered critical for protecting some do not address all the threats to the of the species’ key remaining Brazilian merganser, nor do they Fringe-Backed Fire-Eye subpopulations (Collar et al. 1992, pp. encompass all occupied habitat of the As of 2007, the fringe-backed fire-eye 84–85; del Hoyo et al. 1992, p. 625; species. There are government- did not occur within any protected Silveira 1998, pp. 57–58; Silveira and sponsored programs that encourage areas, although it has been Bartman 2001, pp. 287–300; Braz et al. development within the range of the recommended that some of the key sites 2003, pp. 68–71; Lamas and Santos species, and there is an absence of it occupies should be formally 2004, pp. 39–40; Bianchi et al. 2005, pp. adequate enforcement. As a result, designated as protected areas to help 72–74; Bruno et al. 2006, p. 30; Lamas threats to the species’ remaining habitat ensure the species’ future protection 2006, pp. 145–154; BLI 2010a, pp. 1–2). are ongoing (see Factor A). Therefore, (Collar et al. 1992, p. 678; del Hoyo et Some conservation initiatives are under when viewed in combination with the al. 2003, p. 638; BLI 2007e, p. 2). Six way. For example, the Service recently habitat threats and small population Important Bird Areas have been provided funding for a project to size identified under Factors A and E, identified in northern Bahia where this develop and strengthen conservation we find that the existing regulatory species may or is likely to occur (BLI partnerships with local agricultural mechanisms are inadequate to 2010f). However, even with any future producers in the Serra da Canastra ameliorate the current threats to the designation of protected areas, it is region, which could benefit the Brazilian merganser. unlikely that all of the previously Brazilian merganser (US FWS 2006, p. identified resource concerns for the 3). Additionally, in March 2010, the Cherry-Throated Tanager fringe-backed fire-eye would be Global Environmental Facility (GEF) Few sites have recently confirmed sufficiently addressed at these sites. approved a $13 million grant for the observations of the cherry-throated Although there is a wide variety of Sustainable Cerrado Initiative, which tanager. Possible sightings of the cherry- regulatory mechanisms in Brazil that seeks to conserve the Cerrado Biome throated tanager have occurred in the require protection of the fringe-backed (World Bank 2010.) Augusto Ruschi Biological Reserve (also fire-eye and its habitat throughout the Although the four areas protected known as Nova Lombardia Biological species’ potentially occupied range, under Brazilian law include important Reserve), which is approximately 5,000 Brazil still has various government-

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sponsored measures that continue to mechanism to control international 2007, p. 1; Bruner et al. 2001, pp. 125– facilitate potentially harmful trade through valid CITES permits. Any 128; Nunes and Kraas 2000, p. 44). development projects. Due to competing international trade that occurs in the Although there is a wide variety of priorities, significant threats to the future would be effectively regulated regulatory mechanisms in Brazil that species’ remaining habitat are ongoing under CITES. require protection of the southeastern and are expected to continue. Therefore, Successful efforts to protect the last rufous-vented ground-cuckoo and its when viewed in combination with site known to harbor the Margaretta’s habitat throughout the subspecies’ habitat threats and small population hermit from further development range, there are various government- size identified under Factors A and E, occurred in the mid-1980s (Pereira sponsored measures that remain in we find that the existing regulatory 2007, p. 2), and a portion of this area place in Brazil that continue to facilitate mechanisms are inadequate to was designated as the Co´rrego Grande development projects that could harm ameliorate the current threats to the Biological Reserve in 1989 (Costa 2007, the species. The existing regulatory fringe-backed fire-eye. p. 20). However, nearly the entire site mechanisms, as currently enforced, do burned in 1986, and the subspecies has not reduce the threats to the species Kaempfer’s Tody-Tyrant not been recorded there since that time (BLI 2003a, p. 4; Conservation Currently, the Kaempfer’s tody-tyrant (Willis and Oniki 2002, p. 21). The International 2007c, p. 1; Costa 2007, p. is known to occur in 11 localities in Margaretta’s hermit likely also occurred 7; TNC 2007, p. 2; Neotropical News southeast Brazil (Belmonte-Lopes in litt. at the Sooretama Biological Reserve in 1997b, p. 11; Peixoto and Silva 2007, p. in BLI 2010c). Although Brazil still has Espı´rito Santo in 1977 (ICBP 1981, p. 2). 5; Scott and Brooke 1985, p. 118, 130; various government-sponsored Therefore, even with formal designation Venturini et al. 2005, p. 68). Therefore, measures that continue to facilitate of protected areas, it is unlikely that the when viewed in combination with development projects, there is also a identified threats to the Margaretta’s habitat threats and small population wide variety of regulatory mechanisms hermit are sufficiently addressed at size identified under Factors A and E, in Brazil that require protection of the these sites. we find that the existing regulatory Kaempfer’s tody-tyrant and its habitat Although there is a wide variety of mechanisms are inadequate to throughout the species’ potentially regulatory mechanisms in Brazil that ameliorate the current threats to the occupied range. The existing regulatory require protection of the Margaretta’s southeastern rufous-vented ground- mechanisms that apply to this species hermit and its habitat throughout the cuckoo. have proven difficult to enforce (Scott subspecies’ potentially occupied range, and Brooke 1985, pp. 118, 130; BLI there are government-sponsored Summary of Factor D 2003a, p. 4; Conservation International measures that remain in place in Brazil Regulatory mechanisms exist in Brazil 2007c, p. 1; Costa 2007, p. 7; TNC 2007, that continue to facilitate potentially to protect these seven species. In p. 2; Peixoto and Silva 2007, p. 5). As harmful development projects. The addition, a $13 million grant was a result, significant threats to the existing regulatory mechanisms that awarded for the Sustainable Cerrado species’ remaining habitats are ongoing apply to the Margaretta’s hermit have Initiative, which seeks to conserve the (see Factor A) due to competing been difficult to enforce (Scott and Cerrado Biome (World Bank 2010, p. 1). priorities. Therefore, when viewed in Brooke 1985, p. 118, 130; BLI 2003a, p. However, it is difficult to manage the combination with habitat threats and 4; Conservation International 2007c, p. protected areas, and several challenges small population size identified under 1; Costa 2007, p. 7; TNC 2007, p. 2; still remain to be adequately addressed. Factors A and E, we find that the Peixoto and Silva 2007, p. 5). As a The lack of implementation and existing regulatory mechanisms are result, significant threats to the enforcement, coupled with Brazil’s past inadequate to ameliorate the current subspecies’ remaining habitats are and current incentives to develop areas threats to the Kaempfer’s tody-tyrant. ongoing (see Factor A). Therefore, when which may contain suitable habitat for viewed in combination with habitat these species, have resulted in a failure Margaretta’s Hermit threats and small population size to protect or curb habitat destruction in The Margaretta’s hermit is included in identified under Factors A and E, we the species’ only known habitats (Factor Appendix II of CITES (http:// find that the existing regulatory A). Because we are unaware of any www.cites.org). CITES is an mechanisms are inadequate to regulatory mechanisms that effectively international treaty among 175 nations, ameliorate the current threats to the limit or restrict habitat destruction, we including Brazil and the United States, Margaretta’s hermit. believe that the inadequacy of that entered into force in 1975 (UNEP– regulatory mechanisms is a contributory Southeastern Rufous-Vented Ground- WCMC 2009a). In the United States, risk factor for these seven species. In Cuckoo CITES is implemented through the summary, we find that the existing Endangered Species Act (Act). The Act Two protected areas, Sooretama regulatory mechanisms are inadequate designates the Secretary of the Interior Biological Reserve and Doce River State to ameliorate the current threats to these as the Scientific and Management Park, represent the major sites where the seven species. Authorities to implement the treaty. southeastern rufous-vented ground- Under this treaty, countries work cuckoo may still occur (Scott and E. Other Natural or Manmade Factors together to ensure that international Brooke 1985, pp. 125–126; Payne 2005, Affecting the Continued Existence of the trade in animal and plant species is not p. 207). The protective measures Species detrimental to the survival of wild potentially implemented at these two All seven species have limited populations, by regulating the import, areas are considered critical for geographic ranges and small population export and re-export of CITES-listed protecting any remaining populations of sizes. Their existing populations are animal and plant species (http:// the subspecies. However, not all of the extremely localized, and sometimes www.cites.org). As discussed under identified threats for the subspecies are geographically isolated from one Factor B, we do not consider sufficiently addressed at the two another, leaving them vulnerable to international trade under CITES to be a protected areas that may still harbor the localized extinctions from habitat threat to the Margaretta’s hermit. southeastern rufous-vented ground- modification and destruction, natural Therefore, CITES is an effective cuckoo (AMDA 2006, p. 2; Barbosa catastrophic changes to their habitat

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(e.g., flood scour, drought); other Small, isolated populations of wildlife fragmentation can separate stochastic disturbances; decreased species that have gone through a subpopulations to the point where fitness from reduced genetic diversity; reduction in population numbers can be individuals can no longer disperse and and climate change. susceptible to demographic and genetic breed among habitat patches, causing a problems (Shaffer 1981, pp. 130–134). shift in the demographic characteristics Potential Loss of Genetic Diversity and These threat factors, which may act in of a population and a reduction in Stochastic Disturbance and Population concert, include: Natural variation in genetic fitness (Gilpin and Soule´ 1986, Isolation survival and reproductive success of p. 31). Furthermore, as a species’ status Under this factor we first explore individuals; chance disequilibrium of continues to decline, often as a result of whether the risks, represented by sex ratios; changes in gene frequencies deterministic forces such as habitat loss demographic, genetic, and due to genetic drift; diminished genetic or overutilization, it will become environmental stochastic events, diversity and associated effects due to increasingly vulnerable to a broad array threaten the continued existence of each inbreeding (i.e., inbreeding depression); of other forces. If this trend continues, of these seven species. All seven species dispersal of just a few individuals; a few its ultimate extinction due to one or addressed in this rule have limited clutch failures; a skewed sex ratio in more stochastic events becomes more geographic ranges and small, declining recruited offspring over just one or a few likely. populations. Their existing populations years; and chance mortality of just a few A single stochastic environmental are extremely localized and reproductive-age individuals. These event can severely reduce existing geographically isolated from one small populations are also susceptible to wildlife populations and, if the affected another, leaving them vulnerable to natural levels of environmental population is already small or severely localized extinctions from habitat variability and related ‘‘catastrophic’’ fragmented, it is likely that demographic modification, progressive degradation events (e.g., severe storms, extreme cold stochasticity or inbreeding will become from erosion or runoff (non-point source spells, wildfire), which we will refer to operative, which would place the pollutants), natural catastrophic changes as environmental stochasticity (Dunham population in jeopardy (Gilpin and to their habitat (e.g., drought), other et al. 1999, p. 9; Mangel and Tier 1994, Soule´ 1986, p. 27; Lande 1995, pp. 787– stochastic disturbances, and decreased p. 612; Young 1994, pp. 410–412). 789). We find that these factors threaten fitness from reduced genetic diversity. There is very little information the continued existence of each of these Demographic stochasticity is defined by available regarding the historic species. distribution and abundance of the black- chance changes in the population Climate Change hooded antwren, Brazilian merganser, growth rate for a species (Gilpin and Climate is influenced primarily by Soule´ 1986, p. 27). Population growth cherry-throated tanager, fringe-backed fire-eye, Kaempfer’s tody-tyrant, long-term patterns in air temperature rates are influenced by individual birth and precipitation. The exact nature of and death rates (Gilpin and Soule´ 1986, Margaretta’s hermit, and southeastern rufous-vented ground-cuckoo. However, the impacts of climate change and p. 27), immigration and emigration these species’ historic populations were increasing temperatures on these seven rates, as well as changes in population likely larger and more widely Brazilian species is unknown. However, sex ratios. Natural variation in survival distributed than today, and they likely changes to climatic conditions, such as and reproductive success of individuals maintained a minimum level of genetic temperature and precipitation regimes, and chance disequilibrium of sex ratios interchange among local subpopulations are occurring and are expected to may act in concert to contribute to in order for them to have persisted continue over the next 100 years demographic stochasticity (Gilpin and (Middleton and Nisbet 1997, p. 107; (Solomon et al. 2007, p. 70; Trenberth Soule´ 1986, p. 27). Vila` et al. 2002, p. 91; Wang 2004, p. et al. 2007, pp. 252–253, 262–263). For Genetic stochasticity is caused by 332). example, NASA researchers found that changes in gene frequencies due to Demographic and genetic stochastic during one August of the Amazon dry genetic drift, and diminished genetic forces typically operate synergistically. season, there was a distinct pattern of diversity, and/or effects due to Initial effects of one threat factor can higher rainfall and warmer temperatures inbreeding (i.e., inbreeding depression) later exacerbate the effects of other over deforested regions (Negri et al. (Lande 1995, p. 786). Inbreeding can threat factors (Gilpin and Soule´ 1986, 2003, pp. 1306–1320). In other parts of have individual or population-level pp. 25–26). Any further fragmentation of the world, species have been observed consequences, either by increasing the populations will, by definition, result in to migrate upward in elevation in phenotypic expression (the outward the further removal or dispersal of response to rises in temperature. The appearance, or observable structure, individuals, which will exacerbate other species in this final rule may be among function, or behavior of a living threats. Conversely, lack of a sufficient the species most vulnerable to organism) of recessive, deleterious number of individuals in a local area or extinction due to anticipated increases alleles or by reducing the overall fitness a decline in their individual or in temperature because they are not of individuals in the population collective fitness may cause a decline in migratory and therefore highly (Charlesworth and Charlesworth 1987, the population size, despite the dependent on their habitat (Moore et al. p. 231; Shaffer 1981, p. 131). presence of suitable habitat patches. 2008, p. 960). Since temperature and Environmental stochasticity is defined The combined effects of habitat precipitation affect ecosystem as the susceptibility of small, isolated fragmentation (Factor A) and genetic characteristics, any change in climate is populations of wildlife species to and demographic stochasticity (Factor likely to affect these species. El Nin˜ o is natural levels of environmental E) on a species’ population are referred a disruption of the ocean atmospheric variability and related ‘‘catastrophic’’ to as patch dynamics. Patch dynamics system which affects regional weather events (e.g., severe storms, extreme cold can have profound effects on and climate such as rainfall. Although spells, wildfire) (Dunham et al. 1999, fragmented subpopulations and can we are able to make general predictions p. 9; Mangel and Tier 1994, p. 612; potentially reduce a species’ respective about the severity of El Nin˜ o events, we Young 1994, pp. 410–412). Each risk effective population by orders of are still unable to make reliable, precise will be analyzed specifically for each magnitude (Gilpin and Soule´ 1986, p. projections of changes in El Nin˜ o events species. 31). For example, an increase in habitat due to the complexity of the factors

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involved in these weather patterns. In addition, we do not have models to imminent. The small and declining Periodic climatic and weather patterns predict how the local climate in the numbers that make up the populations such as El Nin˜ o and La Nin˜ a can cause range of these Brazilian bird species will of these seven Brazilian species: The or exacerbate negative impacts on change, and we do not know how any Black-hooded antwren, Brazilian terrestrial ecosystems and neotropical change that may occur would affect Merganser, Cherry-Throated Tanager, bird populations (England 2000, p. 86; these species. Recent models and Fringe-Backed Fire-Eye, Kaempfer’s Holmgren et al. 2001, p. 89; Crick 2004, research suggest that climate change Tody-Tyrant, Margaretta’s Hermit, and p. 1; Plumart 2007, pp. 1–2; Sorte and may be an additional stress for species the Southeastern Rufous-Vented Ground Jetz 2010, p. 862). However, future already threatened by other changes to Cuckoo, make them susceptible to the changes in precipitation are uncertain their habitats (McCarty 2001, p. 325; potential loss of genetic diversity, because they depend in part on how Brook et al. 2008, p. 453, Sorte and Jetz stochastic disturbance, and population these El Nin˜ o events might change. 2010, pp. 862–869). isolation. We assessed the potential Climate change could potentially risks of loss of genetic diversity and Species-Specific Discussion Under affect ecosystems by changes in rainfall environmentally-stochastic disturbance Factor E patterns, drought, species distributions, to each of these seven species and phenology. The probability of Brazilian Merganser populations. We currently do not know species going extinct due to changes in if levels of genetic diversity are climate increases when ranges are Another factor possibly affecting the Brazilian merganser is increased adequate to sustain populations of these restricted and population numbers species. We cannot completely predict decline (IPCC 2007, p. 8; Helmuth 2009, competition with exotic fish species. The peacock bass (Cichla spp.) was the effects of the potential loss of p. 753). This could be experienced by genetic diversity and stochastic each of these seven Brazilian bird introduced into reservoirs within Brazilian merganser habitat. Bass disturbance and population isolation at species, which are characterized by this time, but each threat is likely to limited ranges, restricted habitat populations may expand and outcompete Brazilian merganser with occur to some extent and may be requirements, and small, declining compounded by the others (Nepstad populations. Climate change may respect to food (Lamas 2006, p. 152). Although the Brazilian merganser 2001, pp. 395–407; Brook et al. 2008, p. exacerbate habitat loss or modification 453). Without efforts to maintain buffer of habitats that are affected by undoubtedly competes with exotic fish species for food, the available areas and reconnect some of the deforestation (IPCC 1997, p. 11; Negri et remaining tracts of suitable habitat near al. 2003, pp. 1306–1320). In the Atlantic information does not suggest that this occurs at a magnitude that threatens the these species’ currently occupied sites, Forest, increased rainfall in combination it is doubtful that the individual tracts with deforestation has increased the Brazilian merganser. Therefore, we do not find that competition with exotic are currently large enough to support frequency and magnitude of landslides, viable populations of many birds which add to the destruction of these fish species is a threat to the continued existence of the Brazilian merganser. endemic to the Atlantic Forest such as seven birds’ habitat. The projected these, and the eventual loss of any effects of climate change such as Kaempfer’s Tody-Tyrant small, isolated, and declining increasing temperatures on each of the populations appears to be inevitable. seven species addressed in this final Sea level rise was suggested to affect Kaempfer’s tody-tyrant (BLI 2010c). In We expect that these species’ increased rule may affect microclimatic vulnerability to demographic conditions, which may in turn lead to Santos Bay on the coast, sea level rise stochasticity and inbreeding will be the loss of native species due to scenarios were conducted based on operative even in the absence of any physiological stress and the loss or predictions of increases between 0.5 and human-induced threats or stochastic alteration of habitat. 1.5 m (1.64 and 4.92 ft) by the year For example, trees cool their area of 2100. Small increases in sea level could environmental events, which will likely influence through high rates of cause flooding, erosion, and change salt further exacerbate the species’ evapotranspiration, or water loss to the marsh zones (Alfredini et al. 2008, pp. vulnerability to local extirpations and atmosphere from their leaves (Parmesan 379–379) within this species’ habitat. eventual extinction. and Mathews 2005, p. 337). Areas where The Kaempfer’s tody-tyrant inhabits Climate change has the potential to trees have been replaced with pastures riverine lowland forests between 0–50 increase the vulnerability of these seven have lower evapotranspiration rates, m (164 ft) above sea level. As sea level species to random catastrophic events thus causing local areas to be warmer rises, there will not only be less habitat and other threats. The probability of (Negri et al. 2003, p. 1306; Parmesan available for the Kaempfer’s tody-tyrant, species going extinct increases when and Mathews 2005, p. 337). These seven but also increased demand for coastal ranges are restricted, habitat is Brazilian species are particularly land for human development such as decreased, and population numbers vulnerable to extinction due to these housing as land becomes more scarce. decline (Marini et al. 2009, p. 1558). kinds of environmental changes. Local The Kaempfer’s tody-tyrant will likely These combined potential threats changes in climate can also act in attempt to move inland as its habitat reduce the ability of these species to concert with other threats to the species disappears in search of suitable habitat, cope with other stressors. In addition to such as habitat loss and degradation, however, there may not be suitable their declining numbers, the high level magnifying the detrimental effects on habitat remaining for the species. of population fragmentation makes them the seven Brazilian species identified in Therefore, the species is likely to be susceptible to genetic and demographic this rule. affected by continued sea level rise. stochasticity. The magnitude of these Although we can speculate, climate threats is high for each of these species change models that are currently Summary of Factor E because of their reduced ranges and available are not yet able to make In summary, these seven species all population sizes which result in a meaningful predictions of local climate have limited geographic ranges and reduced ability to adapt to change for specific areas (Parmesan and small population sizes and they are environmental change. We are not able Matthews 2005, p. 354), such as the subject to ongoing natural and manmade to definitely state, based on the best Atlantic Forest and Cerrado bioregions. threats that are considered to be available information, that climate

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change affects these seven species to of that range. Accordingly, our information, we are listing the following such a magnitude that it is considered assessment and determination apply to seven species as endangered under the a threat. each species throughout its entire range. Act: Black-hooded antwren However, based on the best scientific We find that each of these seven (Formicivora erythronotos), Brazilian and commercial information available, species is presently in danger of merganser (Mergus octosetaceus), we conclude that these seven species extinction throughout its entire range, cherry-throated tanager (Nemosia are threatened by potential loss of based on the immediacy, severity, and rourei), fringe-backed fire-eye (Pyriglena genetic diversity, environmentally- scope of the threats described above. atra), Kaempfer’s tody-tyrant stochastic disturbance, small, declining These species face immediate and (Hemitriccus kaempferi), Margaretta’s populations, and with respect to significant threats, primarily from the hermit (Phaethornis malaris Kaempfer’s tody-tyrant, sea level rise. threatened destruction and modification margarettae), and southeastern rufous- Habitat loss is by far the greatest of their habitats due to deforestation and vented ground-cuckoo (Neomorphus threat to each of these seven species. habitat degradation. The habitat geoffroyi dulcis). The threats identified in Factors D and conversion is compounded because of E intensify the effects of habitat loss due these species’ small, declining Available Conservation Measures to deforestation from activities such as populations and limited distribution. As Conservation measures provided to slash and burn agriculture, conversion described earlier, reasons for habitat species listed as endangered or to livestock pastures and areas of human loss include extensive establishment of threatened under the Act include habitation or industrial development, agricultural fields (e.g., soy beans, recognition, requirements for Federal and conversion to plantations as sugarcane, and corn), changes in fire protection, and prohibitions against described in Factor A. Therefore, we frequencies, plantations (e.g., certain practices. Recognition through find that these seven Brazilian species eucalyptus, pine, coffee, cocoa, rubber, listing results in public awareness, and are at risk of extinction due to other and bananas), livestock pastures, centers encourages and results in conservation natural and manmade factors such as of human habitation, and industrial actions by Federal and State the potential loss of genetic diversity, developments (e.g., charcoal governments, private agencies and stochastic disturbance, and small, production, steel plants, and interest groups, and individuals. declining and isolated populations. hydropower reservoirs) (Factor A). We Section 7(a) of the Act, as amended, and as implemented by regulations at 50 Conclusion and Status Determinations determined that the inadequacy of existing regulatory mechanisms is a CFR part 402, requires Federal agencies Section 3 of the Act defines an contributory risk factor that endangers to evaluate their actions within the endangered species as any species that these species’ continued existence United States or on the high seas with is ‘‘in danger of extinction throughout (Factor D). Although we acknowledge respect to any species that is proposed all or a significant portion of its range.’’ that there is limited information on the or listed as endangered or threatened, We have carefully assessed the best specific nature of potential impacts from and with respect to its critical habitat, scientific and commercial information climate change to the species included if any has been proposed or designated. available regarding threats to each of in this final rule (Factor E), we are However, given that the black-hooded these seven Brazilian bird species. concerned about projected climate antwren, Brazilian merganser, cherry- Significant effects have already occurred change. Stronger and more frequent El throated tanager, fringe-backed fire-eye, as a result of habitat loss, and some Nin˜ o events are predicted to occur. Kaempfer’s tody-tyrant, Margaretta’s populations have likely been extirpated. These events and rising temperatures hermit, and southeastern rufous-vented The most significant threat to the seven associated with climate change, in ground-cuckoo are not native to the species in this rule is habitat loss and combination with the potential loss of United States, we are not designating alteration (Marini et al. 2009, p. 1558). genetic diversity, stochastic disturbance, critical habitat in this rule. Various past and ongoing human and population isolation, are likely to Section 8(a) of the Act authorizes the activities and their secondary influences occur. However we are not able to provision of limited financial assistance continue to impact all of the remaining definitely state, based on the best for the development and management of suitable habitats that may still harbor available information, that climate programs that the Secretary of the each of these seven species (see Factors change affects these seven species to Interior determines to be necessary or A and D). We expect that any additional such a magnitude that it is considered useful for the conservation of loss or degradation of habitats that are a threat. We also assessed the potential endangered and threatened species in used by these species will have impacts risks of loss of genetic diversity and foreign countries. Sections 8(b) and 8(c) on the species due to each species’ environmentally-stochastic disturbance of the Act authorize the Secretary to fragmented state. This is because with to each of these seven species encourage conservation programs for each contraction of an existing populations (Factor E). We expect that foreign endangered and threatened subpopulation, the likelihood of these species’ increased vulnerability to species and to provide assistance for interchange with other subpopulations demographic stochasticity and such programs in the form of personnel within patches decreases, while the inbreeding will likely further exacerbate and the training of personnel. likelihood of its reproductive isolation the species’ vulnerability to local The Act and its implementing increases. extirpations and eventual extinction. regulations set forth a series of general Under the Act and our implementing Based on our analysis, we have no prohibitions and exceptions that apply regulations, a species may warrant reason to believe that population trends to all endangered and threatened listing if it is threatened or endangered for any of the species addressed in this wildlife. As such, these prohibitions throughout all or a significant portion of final rule will improve, nor will the would be applicable to the black- its range. Each of these species in this effects of current threats acting on the hooded antwren, Brazilian merganser, listing rule is highly restricted in its species be ameliorated in the future. cherry-throated tanager, fringe-backed range. In each case, the threats to the These species are in danger of fire-eye, Kaempfer’s tody-tyrant, survival of these species occur extinction throughout all of their ranges. Margaretta’s hermit, and southeastern throughout the species’ range and are Therefore, on the basis of the best rufous-vented ground-cuckoo. These not restricted to any particular portion available scientific and commercial prohibitions, under 50 CFR 17.21, in

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part, make it illegal for any person Required Determinations List of Subjects in 50 CFR Part 17 subject to the jurisdiction of the United Endangered and threatened species, States to ‘‘take’’ (take includes to harass, National Environmental Policy Act (NEPA) Exports, Imports, Reporting and harm, pursue, hunt, shoot, wound, kill, recordkeeping requirements, trap, capture, or collect, or to attempt to We have determined that Transportation. engage in any such conduct) any environmental assessments and endangered wildlife species within the environmental impact statements, as Regulation Promulgation United States or upon the high seas; or defined under the authority of the ■ to import or export; to deliver, receive, Accordingly, we amend part 17, National Environmental Policy Act of subchapter B of chapter I, title 50 of the carry, transport, or ship in interstate or 1969 (42 U.S.C. 4321 et seq.), need not foreign commerce in the course of Code of Federal Regulations, as set forth be prepared in connection with below: commercial activity; or to sell or offer regulations adopted under section 4(a) for sale in interstate or foreign of the Act. We published a notice PART 17—[AMENDED] commerce any endangered wildlife outlining our reasons for this species. It is also illegal to possess, sell, determination in the Federal Register ■ 1. The authority citation for part 17 deliver, carry, transport, or ship any on October 25, 1983 (48 FR 49244). continues to read as follows: such wildlife that has been taken in Authority: 16 U.S.C. 1361–1407; 16 U.S.C. violation of the Act. Certain exceptions References Cited 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– apply to agents of the Service and State A complete list of all references cited 625, 100 Stat. 3500; unless otherwise noted. conservation agencies. ■ 2. Amend § 17.11(h) by adding new in this rule is available on the Internet Permits may be issued to carry out entries for ‘‘Antwren, Black-hooded,’’ at http://www.regulations.gov or upon otherwise prohibited activities ‘‘Cuckoo, Southeastern Rufous-vented request from the Endangered Species involving endangered and threatened Ground,’’ ‘‘Fire-eye, Fringe-backed,’’ Program, U.S. Fish and Wildlife Service wildlife species under certain ‘‘Hermit, Margaretta’s,’’ ‘‘Merganser, (see the FOR FURTHER INFORMATION circumstances. Regulations governing Brazilian,’’ ‘‘Tanager, Cherry-throated,’’ CONTACT). permits are codified at 50 CFR 17.22 for and ‘‘Tody-tyrant, Kaempfer’s’’ in endangered species, and 17.32 for Authors alphabetical order under BIRDS to the threatened species. With regard to List of Endangered and Threatened endangered wildlife, a permit may be The primary authors of this final rule Wildlife as follows: issued for the following purposes: For are the staff members of the Branch of scientific purposes, to enhance the Foreign Species, Endangered Species § 17.11 Endangered and threatened propagation or survival of the species, Program, U.S. Fish and Wildlife Service, wildlife. and for incidental take in connection 4401 N. Fairfax Drive, Arlington, VA * * * * * with otherwise lawful activities. 22203. (h) * * *

Species Vertebrate popu- Historic range lation where endan- Status When listed Critical Special Common name Scientific name gered or threatened habitat rules

******* BIRDS

******* Antwren, black-hood- Formicivora Brazil ...... Entire ...... E 774 NA NA ed. erythronotos.

******* Fire-eye, fringed- Pyriglena atra ...... Brazil ...... Entire ...... E 774 NA NA backed.

******* Ground-cuckoo, Neomorphus Brazil ...... Entire ...... E 774 NA NA southeastern ru- geoffroyi dulcis. fous-vented.

******* Hermit, Margaretta’s Phaethornis malaris Brazil ...... Entire ...... E 774 NA NA margarettae.

******* Merganser, Brazilian Mergus Brazil, Argentina, Entire ...... E 774 NA NA octosetaceus. Paraguay.

******* Tanager, cherry- Nemosia rourei ...... Brazil ...... Entire ...... E 774 NA NA throated.

******* Tody-tyrant, Hemitriccus Brazil ...... Entire ...... E 774 NA NA Kaempfer’s. kaempferi.

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Species Vertebrate popu- Historic range lation where endan- Status When listed Critical Special Common name Scientific name gered or threatened habitat rules

*******

Rowan W. Gould, Acting Director, U.S. Fish and Wildlife Service. [FR Doc. 2010–32628 Filed 12–27–10; 8:45 am] BILLING CODE 4310–55–P

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