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(f) The Contractor shall maintain in a or commercial information indicating parakeet (Brotogeris pyrrhoptera), current status throughout the life of the that listing the remaining 12 of hyacinth ( contract the project labor agreement entered may be warranted. Therefore, hyacinthinus), ( into pursuant to this clause. with the publication of this notice, we militaris), Philippine ( (g) Subcontracts. The Contractor shall are initiating a status review of these 12 haematuropygia), red-crowned include the substance of this clause, including this paragraph (g), in all species of parrots to determine if listing (Amazona viridigenalis), subcontracts. is warranted. To ensure that the status (Ara macao), white cockatoo (Cacatua reviews are comprehensive, we are alba), yellow-billed parrot (Amazona (End of Provision) soliciting scientific and commercial data collaria), and yellow-crested cockatoo [FR Doc. E9–16619 Filed 7–10–09; 11:15 am] regarding these 12 species. (Cacatua sulphurea). We request Additionally, we are seeking any recent scientific and commercial information BILLING CODE 6820–EP–P information concerning the blue- from the public, concerned throated macaw so that it can be taken governmental agencies, the scientific into consideration in our evaluation of community, industry, or any other DEPARTMENT OF THE INTERIOR its status when we do our re-evaluation interested parties on the status of the 12 parrot species that will be addressed as Fish and Wildlife Service as part of the 2009 Annual Notice of Review. part of this petition, as well as the blue- throated macaw (Ara glaucogularis), 50 CFR Part 17 DATES: We made the finding announced throughout their range, including but in this document on July 14, 2009. To not limited to: [FWS-R9-IA-2009-0016; 96100-1671-9FLS- allow us adequate time to conduct the B6] (1) Information on , 12–month status review, we request that distribution, selection and Endangered and Threatened Wildlife we receive information on or before trends (especially breeding and foraging and Plants; 90-Day Finding on a September 14, 2009. ), diet, and population Petition to List 14 Parrot Species as ADDRESSES: You may submit abundance and trends (especially Threatened or Endangered information by one of the following current recruitment data) of these methods: • species. AGENCY: Fish and Wildlife Service, Federal rulemaking Portal: http:// (2) Information on the effects of Interior. www.regulations.gov. Follow the habitat loss and changing land uses on ACTION: Notice of 90–day petition instructions for submitting comments. • the distribution and abundance of these finding and initiation of status review. U.S. mail or hand-delivery: Public species and their principal prey species Comments Processing, Attn: FWS-R9- over the short and long term. SUMMARY: We, the U.S. Fish and IA-2009-0016; Division of Policy and (3) Information on the effects of other Wildlife Service (Service), announce a Directives Management; U.S. Fish and potential threat factors, including live 90–day finding on a petition to list as Wildlife Service; 4401 N. Fairfax Drive, capture and hunting, domestic and threatened or endangered under the Suite 222; Arlington, VA 22203. international trade, predation by other Act of 1973, as We will not accept e-mail or faxes. We , and diseases of these species or amended (Act), the following 14 parrot will post all comments on http:// their principal prey over the short and species: Blue-throated macaw (Ara www.regulations.gov. This generally long term. glaucogularis), blue-headed macaw means that we will post any personal (4) Information on management ( couloni), crimson shining information you provide us (see the programs for parrot conservation, parrot (Prosopeia splendens), great Information Solicited section below for including mitigation measures related to green macaw (Ara ambiguus), grey- more information). conservation programs, and any other cheeked parakeet (Brotogeris FOR FURTHER INFORMATION CONTACT: private, tribal, or governmental pyrrhoptera), Douglas Krofta, Chief, Branch of Listing, conservation programs that benefit these (Anodorhynchus hyacinthinus), military Endangered Species, U.S. Fish and species. macaw (Ara militaris), Philippine Wildlife Service, 4401 North Fairfax (5) Information relevant to whether cockatoo (Cacatua haematuropygia), Drive, Room 420, Arlington, Virginia any populations of these species may red-crowned parrot (Amazona 22203; telephone 703-358-2105. If you qualify as distinct population segments. viridigenalis), scarlet macaw (Ara use a telecommunications device for the (6) Information on captive macao), thick-billed parrot deaf (TDD), call the Federal Information populations and and (Rhynchopsitta pachyrhyncha), white Relay Service (FIRS) at 800-877-8339. domestic trade of these species in the cockatoo (Cacatua alba), yellow-billed SUPPLEMENTARY INFORMATION: United States. parrot (Amazona collaria), and yellow- We will base our 12–month finding crested cockatoo (Cacatua sulphurea). Information Solicited on a review of the best scientific and The thick-billed parrot is listed as an When we make a finding that commercial information available, endangered species under the Act substantial information is presented to including all information received throughout its range. As such, we will indicate that listing a species may be during the public comment period. not be addressing it further as part of warranted, we are required to promptly Please note that comments merely this petition. We have also previously commence a review of the status of the stating support or opposition to the determined that the blue-throated species. To ensure that the status review actions under consideration without macaw warrants listing in response to a is complete and based on the best providing supporting information, 1991 petition and has been a candidate available scientific and commercial although noted, will not be part of the species since. Because we have recently information, we are soliciting basis of this determination, as section re-evaluated the status of this species as information on the following 12 parrot 4(b)(1)(A) of the Act (16 U.S.C. 1531 et part of our 2008 Annual Notice of species: Blue-headed macaw (Primolius seq.) directs that determinations as to Review, we will not address it further as couloni), crimson shining parrot whether any species is a threatened or part of this petition. We find that the (Prosopeia splendens), great green endangered species shall be made petition presents substantial scientific macaw (Ara ambiguus), grey-cheeked ‘‘solely on the basis of the best scientific

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and commercial data available.’’ At the process for making this 90–day finding individuals of the species covered under conclusion of the status review, we will under section 4(b)(3)(A) of the Act and the applicable provisions of the ESCA. issue the 12–month finding on the 50 CFR 424.14(b) of our regulations is In 1973, the current Endangered petition, as provided in section limited to a determination of whether Species Act was passed, and in 4(b)(3)(B) of the Act. the information in the petition meets the accordance with its section 4(c)(3), the You may submit your comments and ‘‘substantial information’’ threshold. species lists under the ESCA would be materials concerning this status review On January 31, 2008, the Service republished as the initial Endangered by one of the methods listed in the received a petition dated January 29, Species Act list of threatened and ADDRESSES section. 2008, from Friends of Animals, as endangered wildlife, without public If you submit a comment via http:// represented by the Environmental Law hearing, notice, or an opportunity for www.regulations.gov, your entire Clinic, University of Denver Sturm public comment. In 1974, the first lists comment—including any personal College of Law, requesting we list 14 of endangered and threatened species identifying information—will be posted parrot species under the Act. The appeared in the CFR and included a on the website. If you submit hardcopy petition clearly identified itself as a ‘‘Where found’’ column like the 1970 information that includes personal petition and included the requisite list; the text explained that the identifying information, you may identification information required at 50 geographic areas in this column were request at the top of your document that CFR 424.14(a). informational only and not a substantive we withhold this information from One of the 14 species included in the part of the listing: ‘‘[t]he ‘where found’ public review. However, we cannot petition received from Friends of column is provided for the convenience guarantee that we will be able to do so. Animals, the thick-billed parrot of the public, is not exhaustive, is not We will post all hardcopy submissions (Rhynchopsitta pachyrhyncha), is required to be given by law, and has no on http://www.regulations.gov. already listed as ‘‘Endangered’’ in its legal significance’’ (50 CFR section Information and materials we receive, 17.11, 1974). Thus, the intent under the as well as supporting documentation we entirety under the Act, despite the appearance from the Code of Federal previous ESCA that the thick-billed used in preparing this 90–day finding, parrot was listed in its entirety and that Regulations (CFR) that only a distinct will be available for public inspection all individuals of the species were population segment (DPS) of the species on http://www.regulations.gov, or by covered under the law was retained outside of the United States is listed. In appointment, during normal business under the new Endangered Species Act an April 30, 2009, memorandum hours, at the U.S. Fish and Wildlife list. addressed to the Service’s Director, Service, Branch of Listing (see FOR In 1979, the Service published a entitled, ‘‘Status of the thick-billed FURTHER INFORMATION CONTACT). notice in the Federal Register that parrot, wood bison, margay, and announced a change in the listing status Background northern swift fox under the for the thick-billed parrot and 6 other Section 4(b)(3)(A) of the Act requires Endangered Species Act,’’ the U.S. species. The notice stated that these that we make a finding on whether a Department of the Interior’s Assistant species contained populations within petition to list, delist, or reclassify a Solicitor for Fish and Wildlife provided the United States and described ESCA’s species presents substantial scientific or an explanation for why this species is provision for consultation with the commercial information to indicate that currently protected in its entirety and is States prior to listing a species (see 44 the petitioned action may be warranted. not listed as a distinct population FR 43705, July 25, 1979). The notice We are to base this finding on segment under the Act. A summary of stated that the Service had failed to information provided in the petition, this explanation is provided below. consult with the governors of the States supporting information submitted with The thick-billed parrot was initially of the U.S. populations for these the petition, and information otherwise provided protection under the species, and therefore, the Service available in our files at the time we Endangered Species Conservation Act concluded that the U.S. populations make the determination. To the (ESCA) – the statute that immediately were not covered under the Act. The maximum extent practicable, we are to preceded the current Endangered following year, the list of endangered make this finding within 90 days of our Species Act – by its inclusion on the list and threatened wildlife in the CFR was receipt of the petition and publish our of Endangered Foreign Fish and amended to indicate that only notice of this finding promptly in the Wildlife, June 2, 1970 (see 35 FR 8491). populations of the seven species outside Federal Register. The list included a column labeled, the United States were listed under the The Service’s regulations ‘‘Where found,’’ which indicated, ESA, and for the first time the CFR implementing the 90–day petition ‘‘, United States’’ for the thick- indicated that the listed entity for each finding provisions of the Act define billed parrot. The introduction to the species or was a DPS. ‘‘substantial scientific or commercial list explained that species were not Although the 1979 notice claimed to information’’ as ‘‘that amount of included on the list unless they were change the listing status of the thick- information that would lead a endangered throughout all of their range billed parrot and the other 6 species, the reasonable person to believe that the and that ‘‘[t]he ‘Where Found’ column notice was without legal effect, because measure proposed in the petition may is a general guide to the native countries the Service did not go through the rule- be warranted’’ (50 CFR 424.14(b)). If we or regions where the named animals are making procedures required under find that substantial information was found’’ (see 35 FR 8491, June 2, 1970; section 553 of the Administrative presented, we are required to promptly 50 CFR part 17, Appendix A (1971)). Procedure Act (APA) and section 4(b)(4) commence a review of the status of the Consistent with the direction of the of the Act. In addition, failure to consult species. ESCA, the thick-billed parrot was a with a State under the ESCA did not We base this finding on information species that the Secretary found to be invalidate the species’ legal status under provided by the petitioner that we ‘‘threatened with worldwide ’’ the Act. In 1973 Congress validated the determined to be reliable after reviewing (see 35 FR 8491, June 2, 1970). lists from the prior statutes through its sources referenced in the petition. We Therefore, this document indicates that explicit incorporation of them into the evaluated that information in the Service’s intent was to list the thick- Act. The thick-billed parrot, listed in its accordance with 50 CFR 424.14(b). Our billed parrot in its entirety, with all entirety under the ESCA in 1969, has,

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therefore, maintained legal protection evaluation of the status of this species species is the pet trade particularly in under the current Act. Thus, in spite of will be published in the 2009 Annual the country of . the 1979 Federal Register notice and the Notice of Findings on Resubmitted The grey-cheeked parakeet is found in current appearance of the CFR, the Petitions for Foreign Species. As such, southwest and extreme thick-billed parrot has been listed as we are seeking any recent information northwest , and primarily inhabits ‘‘Endangered’’ in its entirety since its concerning this species that can be used deciduous forests dominated by Ceiba first appearance on the endangered- in that evaluation. However, since we trichistandra (IUCN 2008g). The petition species lists. Since the thick-billed have already made a finding that listing claims that the greatest threat to the parrot is already listed as an endangered is warranted for the blue-throated survival of the species is trapping for species throughout its range, including macaw in response to the 1991 petition the pet trade. In addition, the petition the United States population, we believe and subsequent re-evaluations as part of notes , through the action requested in the petition with the Annual Notice of Review, we have logging, agricultural conversion, and regards to the thick-billed parrot has determined that we have previously grazing, as another threat to the previously been taken. Therefore, our addressed the action requested in the continued existence of the species. statutory obligation to further address current petition with regards to this The hyacinth macaw is found this issue is moot. species. As such, our statutory primarily in , with small Further, a second species of the 14 obligation to further address this issue occurrences in east and species included in the petition is moot. (IUCN 2008c). The species received from Friends of Animals, the Therefore, this finding addresses the inhabits floodplains and blue-throated macaw (Ara following 12 species of parrots named in adjacent to tropical forests, shrubland, glaucogularis), was previously the petition: Blue-headed macaw, palm-stands, and palm- (IUCN petitioned by the International Council crimson shining parrot, great green 2008c). The petition asserts that illegal for Preservation (ICBP). On May 6, macaw, grey-cheeked parakeet, hyacinth trapping for the pet trade is the greatest threat to the species, and notes this 1991, we received a petition (hereafter macaw, military macaw, Philippine threat, according to species experts, as referred to as the 1991 petition) from cockatoo, red-crowned parrot, scarlet the primary reason for the rapid ICBP, to add 53 species of foreign macaw, white cockatoo, yellow-billed population decline of the species. The to the List of Endangered and parrot, and yellow-crested cockatoo. Threatened Wildlife, including the blue- petition also states that the species is throated macaw. In response to the 1991 Information Presented in the Petition facing pressure from habitat loss due to cattle ranching and hydroelectric petition, we published a positive 90– The blue-headed macaw is found in development, as well as local hunting day finding on December 16, 1991 (56 eastern Peru, extreme western Brazil, FR 65207), for all 53 species, and for food and . and northwestern Bolivia, at the edge of The military macaw occupies a highly announced the initiation of a status humid lowland evergreen forests, along review. On March 28, 1994 (59 FR fragmented range from Mexico to rivers, and in openings in the forest 14496), we published a 12–month Argentina, inhabiting humid lowland canopy (International Union for finding on the 1991 petition, along with forest and adjacent clearings, wooded Conservation of Nature and Natural a proposed rule to list 30 African birds foothills, and canyons (IUCN 2008f). Resources (IUCN) 2008k). The petition under the Act. In that document, we The petition claims that habitat loss and notes that the greatest threat to the proposed listing 15 of the 53 bird the pet trade are the most significant species is the pet trade as the species is species included in the 1991 petition, threats to the species. commonly found as caged pets in and announced our finding that listing The Philippine cockatoo is endemic Brazilian markets. In addition, the the remaining 38 species from the 1991 to the Philippines and may be restricted petition asserts that the rarity of the petition, including the blue-throated to lowland primary or secondary forests, macaw, was warranted but precluded by species in combination with its low within or adjacent to riparian or coastal higher priority listing actions. We made reproductive rate has made the species areas with mangroves (IUCN 2008i). The subsequent warranted-but-precluded even more popular with collectors. petition states that habitat loss and the findings for all outstanding foreign The crimson shining parrot is pet trade are the greatest threats to the species from the 1991 petition, endemic to the islands of Fiji where it continued survival of the species. The including the blue-throated macaw, as is found in forests, on agricultural lands, petition asserts that trapping on the published in our Annual Notice of and around human habitation (IUCN islands is very common due to the high Review on May 21, 2004 (69 FR 29354), 2008l). The petition claims that the price paid for each bird on the and April 23, 2007 (72 FR 20184). primary threats to the species are the pet international market. The petition also We have reviewed the listing status of trade and habitat destruction. The claims that widespread the blue-throated macaw (Ara petition asserts that a decline in the and destruction of native mangroves glaucogularis), most recently in our mangrove forest area in the near future have contributed to the population 2008 Annual Notice of Findings on will place habitat pressure on the decline of the species. Resubmitted Petitions for Foreign species. The red-crowned parrot is native to Species (73 FR 44062; July 29, 2008), as The is found in Mexico and is currently found in required under section 4(b)(3)(C)(i) of parts of , , Ecuador, northeastern Mexico, inhabiting lush the Act. That notice describes our , Nicaragua, and , and areas in arid lowlands and foothills, resubmitted petition findings for 50 inhabits humid lowlands and foothills particularly gallery forests, deciduous foreign species for which we had mainly below 600 meters (m) (1,969 feet woodlands, and dry, open, -oak previously found listing to be warranted (ft)) (IUCN 2008d). The petition notes woodlands on ridges up to 3,281 ft but precluded. In that notice, we that the largest factor affecting the (1,000 m) (IUCN 2008b). The petition determined that warranted but species is the loss of habitat throughout claims that the pet trade and habitat precluded status remained appropriate its range as a result of destruction are the greatest threats to the for the blue-throated macaw and plantations, cattle ranching, and continued existence of the species. The assigned the species a listing priority logging. Furthermore, the petition states petition states that trappers often number of 8. The results of our next that another major factor impacting the destroy nests, sometimes even cutting

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down the entire tree, in order to collect international pet trade has placed the DEPARTMENT OF COMMERCE nestlings, leading to the loss of nest sites highest pressure on the wild population and site abandonment. Furthermore, the of the species. In addition, the petition National Oceanic and Atmospheric petition asserts that the remaining claims that habitat loss, due to logging Administration habitat of the species has been reduced and agricultural conversion of forested due to the clearing of many gallery lands, and the persecution of the species 50 CFR Part 218 forests for agriculture and pasture land as a crop pest, has placed additional RIN 0648–AX86 use. pressure on the remaining wild The scarlet macaw is found population. Taking of Marine Mammals Incidental throughout Central and , to Specified Activities; Taking Marine with an estimated range of Finding Mammals Incidental to Training approximately 2,586,885 square miles Operations Conducted Within the Gulf 2 2 On the basis of our review, which (m ) (6,700,000 square kilometers (km )) of Mexico Range Complex (IUCN 2008e). The species prefers focused on the threats facing these humid lowland evergreen forests and parrot species, we find that the petition AGENCY: National Marine Fisheries gallery woodland savannas, primarily presents substantial scientific or Service (NMFS), National Oceanic and near exposed river banks and clearings commercial information indicating that Atmospheric Administration (NOAA), with large trees (del Hoyo et al. 1997, p. listing may be warranted for the Commerce. 421). The petition asserts that habitat following 12 species of parrots: Blue- ACTION: Proposed rule; request for destruction and captures for the pet headed macaw, crimson shining parrot, comments. trade are the greatest threats to the great green macaw, grey-cheeked species. The petition claims that habitat parakeet, hyacinth macaw, military SUMMARY: NMFS has received requests destruction, as a result of forest clearing, macaw, Philippine cockatoo, red- from the U.S. Navy (Navy) for settlement, and agriculture, is common crowned parrot, scarlet macaw, white authorizations for the take of marine throughout the species’ range. The cockatoo, yellow-billed parrot, and mammals incidental to training and petition also states that anti-poaching yellow-crested cockatoo. Therefore, we operational activities conducted by the enforcement is not keeping up with the are initiating a status review to Navy’s Atlantic Fleet within the Gulf of demand for this species in the pet trade, determine if listing any of these 12 Mexico (GOMEX) Range Complex for where one bird can sell for over $1,000 species under the Act is warranted. To the period beginning December 3, 2009 (U.S.). ensure that the status review is and ending December 2, 2014. Pursuant The white cockatoo is endemic to comprehensive, we are soliciting to the implementing regulations of the several islands in , scientific and commercial information Marine Mammal Protection Act , and inhabits primary, logged, regarding these 12 species. Under (MMPA), NMFS is proposing and secondary forests up to 2,953 ft (900 section 4(b)(3)(B) of the Act, within 12 regulations to govern that take and m) (IUCN 2008h). The species also requesting information, suggestions, and months after receiving a petition that is occurs in mangroves, on plantations, comments on these proposed found to present substantial information and on agricultural land (IUCN 2008h). regulations. The petition claims that the greatest indicating that the petitioned action DATES: Comments and information must threats to the species are habitat may be warranted, we are required to be received no later than August 13, destruction and the pet trade. The make a finding as to whether listing the 2009. petition states that an increase in species is warranted, not warranted, or logging activity has decreased the warranted but precluded by other ADDRESSES: You may submit comments, availability of large trees suitable for pending listing proposals. identified by 0648–AX86, by any one of nest sites throughout the species’ range. References Cited the following methods: In addition, the petition asserts that • Electronic Submissions: Submit all trapping of this species for the pet trade A complete list of all references cited electronic public comments via the far exceeds the catch quota issued by herein is available upon request from Federal eRulemaking Portal http:// the Indonesian government. the U.S. Fish and Wildlife Service, www.regulations.gov. • The yellow-billed parrot is primarily Branch of Listing (see FOR FURTHER Hand delivery or mailing of paper, found in the wet areas of Jamaica, INFORMATION CONTACT section). disk, or CD–ROM comments should be inhabiting wet limestone forests at addressed to Michael Payne, Chief, elevations up to 3,937 ft (1,200 m) Author Permits, Conservation and Education (IUCN 2008a). The petition lists two Division, Office of Protected Resources, primary threats to the species: habitat The primary authors of this notice are National Marine Fisheries Service, 1315 destruction and the pet trade. The staff members of the Division of East-West Highway, Silver Spring, MD petition claims that the species’ habitat, Scientific Authority, U.S. Fish and 20910–3225. as well as nest sites, has been reduced Wildlife Service. Instructions: All comments received due to logging and mining activities, Authority are part of the public record and will and that trapping of this species for the generally be posted to http:// pet trade is common. The authority for this action is the www.regulations.gov without change. The yellow-crested cockatoo is native Endangered Species Act of 1973, as All Personal Identifying Information (for to Timor-Leste and Indonesia, and amended (16 U.S.C. 1531 et seq.). example, name, address, etc.) inhabits forest, forest edge, scrub, and Dated: June 16, 2009. voluntarily submitted by the commenter agricultural land (IUCN 2008j). The may be publicly accessible. Do not petition asserts that the significant Marvin E. Moriarty, submit Confidential Business decline in the population of the species Acting Director, U.S. Fish and Wildlife Information or otherwise sensitive or is directly attributable to trapping for Service. protected information. the pet trade. The petition [FR Doc. E9–16354 Filed 7–13– 09; 8:45 am] NMFS will accept anonymous evidence that suggests that the BILLING CODE 4310–55–S comments (enter NA in the required

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