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Listing the Scarlet Macaw Act (77 FR 40222)

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Listing the Scarlet Macaw Act (77 FR 40222) 6278 Federal Register / Vol. 84, No. 38 / Tuesday, February 26, 2019 / Rules and Regulations DEPARTMENT OF THE INTERIOR finding on a petition to list the scarlet prohibitions provided for endangered macaw. We determined the scarlet species under section 9 of the Act. For Fish and Wildlife Service macaw (A. m. macao) did not warrant threatened species, section 4(d) of the listing under the Act at the species level Act gives the Service discretion to 50 CFR Part 17 but found the northern subspecies of specify the prohibitions and any [Docket No. FWS–R9–ES–2012–0039; scarlet macaw (Ara macao cyanoptera) exceptions to those prohibitions that are 4500030113] and the northern distinct population appropriate for the species, as well as segment (DPS) of the southern include provisions that are necessary RIN 1018–BC81 subspecies (A. m. macao) warranted and advisable to provide for the listing and issued a proposed rule to list conservation of the species. A rule Endangered and Threatened Wildlife those entities as endangered under the issued under section 4(d) of the Act and Plants; Listing the Scarlet Macaw Act (77 FR 40222). On April 7, 2016, we allows us to include provisions that are AGENCY: Fish and Wildlife Service, published a revised proposed rule (81 tailored to the specific conservation Interior. FR 20302) maintaining the proposed needs of that threatened species. endangered status for A. m. cyanoptera, Our implementing regulations for ACTION: Final rule. but (1) revising the proposed listing threatened wildlife found at 50 CFR SUMMARY: We, the U.S. Fish and determination for the northern DPS of 17.31 incorporate the section 9 Wildlife Service (Service), determine the southern subspecies (A. m. macao) prohibitions for endangered wildlife, the northern subspecies of scarlet from endangered to threatened; and (2) except where a species-specific rule is macaw (Ara macao cyanoptera) is an proposing to treat the southern DPS of promulgated under 4(d) of the Act. endangered species under the A. m. macao and subspecies crosses as While we proposed to rescind this Endangered Species Act of 1973 (Act), threatened based on similarity of provision last summer (83 FR 35174; as amended; the northern distinct appearance to A. m. cyanoptera and the July 25, 2018), that proposal has not population segment (DPS) of the northern DPS of A. m. macao. We also been finalized at this time. Peer review and public comment. We southern subspecies of scarlet macaw proposed a rule under section 4(d) of sought comments from independent (A. m. macao) is a threatened species the Act (a ‘‘4(d) rule’’) that incorporated specialists to ensure that our under the Act, and the southern DPS of the prohibitions and provisions of 50 designation is based on scientifically the southern subspecies of scarlet CFR 17.31 and 17.32 that we found sound data, assumptions, and analyses. macaw (A. m. macao) and subspecies necessary and advisable for the species’ We invited peer reviewers and the crosses (A. m. cyanoptera and A. m. conservation. This rule lists the northern subspecies public to comment on our listing macao) to be threatened species based of scarlet macaw (A. m. cyanoptera) as proposals. All substantive information on similarity of appearance. We are also an endangered species, the northern from peer review and public comments establishing a rule pursuant to section DPS of the southern subspecies of was fully considered and is 4(d) of the Act for the A. m. macao scarlet macaw (A. m. macao) as a incorporated into this final rule, where subspecies and subspecies crosses to threatened species, and the southern appropriate. provide for its further conservation. DPS of the southern subspecies of Previous Federal Actions DATES: This rule is effective March 28, scarlet macaw (A. m. macao) and 2019. subspecies crosses (A. m. cyanoptera Please refer to the proposed listing ADDRESSES: Comments and materials we and A. m. macao) as a threatened rule, published in the Federal Register received, as well as supporting species due to similarity of appearance on July 6, 2012 (77 FR 40222), for more documentation used in preparation of under the Act. This rule also establishes comprehensive information on previous this rule, are available for public a 4(d) rule for those listed as threatened Federal actions for the scarlet macaw. inspection at http:// species to further provide for the The publication of the proposed listing www.regulations.gov. species’ conservation. rule opened a 60-day public comment The basis for our action. Under period, which closed on September 4, FOR FURTHER INFORMATION CONTACT: Don section 4(a)(1) of the Act, we determine 2012. Based on new information, we Morgan, Chief, Branch of Delisting and that a species is an endangered or published a revised proposed rule (81 Foreign Species, Ecological Services threatened species based on any of the FR 20302; April 7, 2016) to make the Program, U.S. Fish and Wildlife Service, following factors: (A) The present or following changes to our proposed rule: 5275 Leesburg Pike, MS:ES, Falls threatened destruction, modification, or (1) Revise the location of what we Church, VA 22041; telephone 703–358– curtailment of its habitat or range; (B) consider to be the boundary between the 2444. If you use a telecommunications overutilization for commercial, two subspecies of A. macao; (2) provide device for the deaf (TDD), you may call recreational, scientific, or educational additional information on the species in the Federal Relay Service at 800–877– purposes; (C) disease or predation; (D) northeast Costa Rica, southeast 8339. the inadequacy of existing regulatory Nicaragua, and Panama, and SUPPLEMENTARY INFORMATION: mechanisms; or (E) other natural or reevaluating the status of A. m. manmade factors affecting its continued cyanoptera; (3) provide additional Executive Summary existence. The primary causes attributed information on the northern DPS of Why we need to publish a rule. Under to the decline of the scarlet macaw A. m. macao, reevaluating the status of the Act, a species may warrant (A. m. cyanoptera and A. m. macao) this DPS, and revise our proposed protection through listing if it is include habitat loss and forest listing of this DPS from endangered endangered or threatened throughout all degradation (Factor A), poaching for the status to threatened status; (4) add a or a significant portion of its range. pet trade (Factor B), lack of enforcement proposal to treat the southern DPS of A. Listing a species as an endangered or of existing regulations (Factor D), and m. macao and subspecies crosses (A. m. threatened species can only be small population size (Factor E). macao and A. m. cyanoptera) as completed by issuing a rule. Section 4(d) of the Act authorizes the threatened based on similarity of On July 6, 2012, we published in the Secretary of the Interior (Secretary) to appearance to A. m. cyanoptera and to Federal Register (FR) a 12-month extend to threatened species the the northern DPS of A. m. macao; and VerDate Sep<11>2014 19:06 Feb 25, 2019 Jkt 247001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\26FER2.SGM 26FER2 Federal Register / Vol. 84, No. 38 / Tuesday, February 26, 2019 / Rules and Regulations 6279 (5) add a proposed rule pursuant to of the best scientific and commercial are not harmed by international trade section 4(d) of the Act (16 U.S.C. 1531 data available. Therefore, we may not and encourages wild bird conservation et seq.) to define the prohibitions and consider economic impacts when programs in countries of origin. Under exceptions that apply to scarlet macaws determining the status of a species. We the WBCA and our implementing listed as threatened. That revised understand that listing the scarlet regulations (50 CFR 15.11), it is proposed rule also opened a 60-day macaw will have an effect on those unlawful to import into the United public comment period, which closed involved in the pet bird industry, States any exotic bird species listed on June 6, 2016. especially bird breeders. The 4(d) rule under CITES except under certain that we are putting in place streamlines circumstances. The Service may issue Summary of Changes From the Revised the permitting process by extending permits to allow import of listed birds Proposed Rule certain prohibitions but deferring to for scientific research, zoological In this final rule, and based on public existing laws (CITES and the Wild Bird breeding or display, cooperative comments, we incorporate additional Conservation Act (WBCA) that are breeding, or personal pet purposes, information regarding the distribution of protective of scarlet macaws (A. m. when the applicant meets certain scarlet macaws in Mesoamerica (Mexico macao and subspecies crosses) in the criteria (50 CFR 15.22–15.25). Under the and Central America). Specifically, we course of import and export and by not Lacey Act, in part, it is unlawful: (1) To include information pertaining to requiring permits under the Act for import, export, transport, sell, receive, reintroduction programs occurring certain types of activities. Additionally, acquire, or purchase any fish, or wildlife throughout the range of Ara macao we are not prohibiting the interstate taken, possessed, transported, or sold in cyanoptera, and we include information commerce of scarlet macaws (A. m. violation of any law, treaty, or that indicates the populations in Costa macao and subspecies crosses) within regulation of the United States or in Rica in the northern DPS of the southern the United States (see 4(d) Rule, below). violation of any Indian tribal law; or (2) subspecies of scarlet macaw (A. m. Comment (2): Several commenters to import, export, transport, sell, macao) are likely increasing. stated that reducing the availability of receive, acquire, or purchase in We also took into account the relevant captive birds by listing the species interstate or foreign commerce any fish information from eBird into our analysis under the Act may lead to an increase or wildlife taken, possessed, regarding the distribution of the species.
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