Federal Register / Vol. 77, No. 120 / Thursday, June 21, 2012 / Proposed Rules 37367

Job Creation Act of 2012, Pub. L. No. 112– 2. Amend Subpart L by adding new no more than 31 days prior to the date 96. section 64.1202 to read as follows: any call is made, and shall maintain 2. Amend section 1.80 by adding new records documenting this process. § 64.1202 Public safety answering point (e) No person or entity, including an paragraph (a)(6), redesignating do-not-call registry. paragraphs (b)(5) and (b)(6) as operator of automatic dialing equipment (a) As used in this section, the paragraphs (b)(7) and (b)(8), and by add or robocall equipment, may sell, rent, following terms are defined as: new paragraphs (b)(5) and (b)(6) to read lease, purchase or use the PSAP Do-Not- (1) Operators of automatic dialing or as follows: Call registry, or any part thereof, for any robocall equipment. Any person or purpose except to comply with this entity who uses an automatic telephone § 1.80 Forfeiture proceedings. section and any such state or Federal dialing system, as defined in section (a) * * * law enacted to prevent autodialed calls 227(a)(1) of the Communications Act of (6) Violated any provision of section to telephone numbers in the PSAP 1934, as amended, to make telephone 6507 of the Middle Class Tax Relief and registry. Any party granted access to the Job Creation Act of 2012 or any rule, calls with such equipment. (2) Public Safety Answering Point registry is prohibited from disclosing or regulation, or order issued by the disseminating the registered numbers to Commission under that statute. (PSAP). A facility that has been designated to receive emergency calls any other person or entity. * * * * * [FR Doc. 2012–15119 Filed 6–20–12; 8:45 am] (b) * * * and route them to emergency service (5) If a violator who is granted access personnel pursuant to section 222(h)(4) BILLING CODE 6712–01–P to the Do-Not-Call registry of public of the Communications Act of 1934, as safety answering points discloses or amended. As used in this section, this disseminates any registered telephone term includes both primary and DEPARTMENT OF THE INTERIOR number without authorization, in secondary PSAPs. violation of section 6507(b)(4) of the (b) An operator of automatic dialing Fish and Wildlife Service Middle Class Tax Relief and Job or robocall equipment is prohibited Creation Act of 2012, the monetary from using such equipment to contact 50 CFR Part 17 penalty for such unauthorized any telephone number registered on the [Docket No. FWS–R4–ES–2012–0018; disclosure or dissemination of a PSAP Do-Not-Call registry. This 4500030113] telephone number from the registry prohibition on using automatic dialing shall be not less than $100,000 per equipment to contact numbers on the Endangered and Threatened Wildlife incident nor more than $1,000,000 per PSAP Do-Not-Call registry encompasses and Plants; 90-Day Finding on a incident depending upon whether the both voice and text calls. Such Do-Not- Petition to List the Black-Capped conduct leading to the violation was Call registrations must be honored Petrel as Endangered or Threatened negligent, grossly negligent, reckless, or indefinitely, or until the registration is AGENCY: willful, and depending on whether the removed by a designated PSAP Fish and Wildlife Service, violation was a first or subsequent representative or the Commission or its Interior. offense. designated registry administrator. ACTION: Notice of petition finding and (6) If a violator uses automatic dialing (c) An operator of automatic dialing or initiation of status review. equipment to contact a telephone robocall equipment may not obtain number on the Do-Not-Call registry of access or use the PSAP Do-Not-Call SUMMARY: We, the U.S. Fish and public safety answering points, in registry until it has first provided to the Wildlife Service (Service), announce a violation of section 6507(b)(5) of the Commission or its designated registry 90-day finding on a petition to list the Middle Class Tax Relief and Job administrator contact information that black-capped petrel, Pterodroma Creation Act of 2012, the monetary includes the operator’s name and all hasitata, as endangered or threatened penalty for contacting such a telephone alternative names under which the under the Endangered Species Act of number shall be not less than $10,000 registrant operates, a business address, a 1973, as amended (Act), and to per call nor more than $100,000 per call contact person, the contact person’s designate critical habitat in U.S. waters depending on whether the violation was telephone number and email address, and territories in the South Atlantic and negligent, grossly negligent, reckless, or and a list of all outbound telephone Caribbean region. Based on our review, willful, and depending on whether the numbers used for autodialing, and we find that the petition presents violation was a first or subsequent thereafter obtained a unique substantial scientific or commercial offense. identification number from the information indicating that listing of the black-capped petrel may be warranted. * * * * * Commission or its designated registry administrator. All information provided Therefore, with the publication of this PART 64—MISCELLANEOUS RULES to the Commission or its designated notice, we are initiating a review of the RELATING TO COMMON CARRIERS registry administrator must be updated status of the species to determine if within 30 days of making any change to listing the black-capped petrel is Subpart L—Restrictions on such information. In addition, an warranted. To ensure that this status Telemarketing and Telephone operator must certify during each use, review is comprehensive, we are Solicitation under penalty of law, that it is accessing requesting scientific and commercial the registry solely to prevent autodialed data and other information regarding 1. The authority citation for part 64 is this species. Based on the status review, revised to read as follows: calls to numbers on the registry. (d) An operator of automatic dialing we will issue a 12-month finding on the Authority: 47 U.S.C. 154, 254(k); or robocall equipment that accesses the petition, which will address whether 403(b)(2)(B), (c), Pub. L. 104–104, 110 Stat. PSAP Do-Not-Call registry shall, to the petitioned action is warranted, as 56. Interpret or apply 47 U.S.C. 201, 218, 222, provided in section 4(b)(3)(B) of the Act. 225, 226, 227, 228, 254(k), 616, 620 and the prevent such calls to any telephone Middle Class Tax Relief and Job Creation Act number on the registry, employ a DATES: To allow us adequate time to of 2012, Pub. L. No. 112–96 unless otherwise version of the PSAP Do-Not-Call registry conduct this review, we request that we noted. obtained from the registry administrator receive information on or before August

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20, 2012. The deadline for submitting an (d) Historical and current population section. If you submit information via electronic comment using the Federal levels, and current and projected trends; http://www.regulations.gov, your entire eRulemaking Portal (see ADDRESSES and submission—including any personal section, below) is 11:59 p.m. Eastern (e) Past and ongoing conservation identifying information—will be posted Time on this date. After August 20, measures for the species, its habitat, or on the Web site. If your submission is 2012, you must submit information both. made via a hardcopy that includes directly to the Field Office (see FOR (2) The factors that are the basis for personal identifying information, you FURTHER INFORMATION CONTACT section making a listing determination for a may request at the top of your document below). Please note that we might not be species under section 4(a) of the Act (16 that we withhold this personal able to address or incorporate U.S.C. 1531 et seq.), which are: identifying information from public information that we receive after the (a) The present or threatened review. However, we cannot guarantee above requested date. destruction, modification, or that we will be able to do so. We will ADDRESSES: You may submit curtailment of its habitat or range; post all hardcopy submissions on information by one of the following (b) Overutilization for commercial, http://www.regulations.gov. methods: recreational, scientific, or educational Information and supporting (1) Electronically: Go to the Federal purposes; documentation that we received and eRulemaking Portal: http:// (c) Disease or predation; used in preparing this finding is www.regulations.gov. Search for Docket (d) The inadequacy of existing available for you to review at http:// No. FWS–R4–ES–2012–0018. regulatory mechanisms; or www.regulations.gov, or by (2) By hard copy: Submit by U.S. mail (e) Other natural or manmade factors appointment, during normal business or hand-delivery to: Public Comments affecting its continued existence. hours, at the U.S. Fish and Wildlife If, after the status review, we Processing, Attn: FWS–R4–ES–2012– Service, Caribbean Ecological Services determine that listing the black-capped 0018; Division of Policy and Directives Field Office (see FOR FURTHER petrel is warranted, we will propose Management; U.S. Fish and Wildlife INFORMATION CONTACT). Service; 4401 N. Fairfax Drive, MS critical habitat (see definition in section 2042–PDM; Arlington, VA 22203. 3(5)(A) of the Act) under section 4 of the Background Act, to the maximum extent prudent We will not accept email or faxes. We Section 4(b)(3)(A) of the Act requires will post all information we receive on and determinable at the time we that we make a finding on whether a http://www.regulations.gov. This propose to list the species. Therefore, petition to list, delist, or reclassify a generally means that we will post any we also request data and information species presents substantial scientific or personal information you provide us on: commercial information indicating that (see the Request for Information section (1) What may constitute ‘‘physical or the petitioned action may be warranted. below for more details). biological features essential to the We are to base this finding on FOR FURTHER INFORMATION CONTACT: conservation of the species,’’ within the geographical range currently occupied information provided in the petition, Marelisa Rivera, Deputy Field supporting information submitted with Supervisor, Caribbean Ecological by the species; (2) Where these features are currently the petition, and information otherwise Services Field Office, P.O. Box 491, available in our files. To the maximum Boquero´n, PR 00622; by telephone at found; (3) Whether any of these features may extent practicable, we are to make this 787–851–7297; or by facsimile at 787– finding within 90 days of our receipt of 851–7440. If you use a require special management considerations or protection; the petition and publish our notice of telecommunications device for the deaf the finding promptly in the Federal (TDD), please call the Federal (4) Specific areas outside the Register. Information Relay Service (FIRS) at geographical area occupied by the 800–877–8339. species that are ‘‘essential for the Our standard for substantial scientific or commercial information within the SUPPLEMENTARY INFORMATION: conservation of the species;’’ and (5) What, if any, critical habitat you Code of Federal Regulations (CFR) with Request for Information think we should propose for designation regard to a 90-day petition finding is When we make a finding that a if the species is proposed for listing, and ‘‘that amount of information that would petition presents substantial why such habitat meets the lead a reasonable person to believe that information indicating that listing a requirements of section 4 of the Act. the measure proposed in the petition species may be warranted, we are Please include sufficient information may be warranted’’ (50 CFR 424.14(b)). required to promptly review the status with your submission (such as scientific If we find that substantial scientific or of the species (status review). For the journal articles or other publications) to commercial information was presented, status review to be complete and based allow us to verify any scientific or we are required to promptly conduct a on the best available scientific and commercial information you include. species status review, which we commercial information, we request Submissions merely stating support subsequently summarize in our information on the black-capped petrel for or opposition to the action under 12-month finding. from governmental agencies, Native consideration without providing Petition History American tribes, the scientific supporting information, although noted, community, industry, and any other will not be considered in making a On September 13, 2011, we received interested parties. We seek information determination. Section 4(b)(1)(A) of the a petition dated September 1, 2011, on: Act directs that determinations as to from Mark N. Salvo, WildEarth (1) The species’ biology, range, and whether any species is an endangered or Guardians (WEG), requesting that the population trends, including: threatened species must be made black-capped petrel be listed as (a) Habitat requirements for feeding, ‘‘solely on the basis of the best scientific endangered or threatened, and that breeding, and sheltering; and commercial data available.’’ critical habitat be designated under the (b) Genetics and taxonomy; You may submit your information Act. The petition clearly identified itself (c) Historical and current range, concerning this status review by one of as such and included the requisite including distribution patterns; the methods listed in the ADDRESSES identification information for the

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petitioner, required at 50 CFR 424.14(a). plumage characteristics and different Haney 1999, pp.14–17; Raffaele et al. In a September 27, 2011, letter to Mark molt sequence and timing. Their 1998, p. 217). N. Salvo, we acknowledged receipt of discussion is the most extensive and Existing black-capped petrel breeding the petition. This finding addresses the comprehensive taxonomic evaluation to colonies are located in Haiti (Rimmer et petition. date for this species, but even they al. 2006, pp. 8–9) and the Dominican Republic (Collar et al. 1992, p. 6; Previous Federal Action(s) suggest that additional information is needed to understand whether this Simons et al. 2002, p. 1; Rupp et al. The black-capped petrel was included variation is a function of 2011, pp. 8–10) within national park as a category 2 candidate species in the subpopulations, geographic variation, boundaries. The known breeding Federal Register notice dated November multiple cryptic species, molt timing, or locations in Haiti are in the Parc 15, 1994 (59 FR 58982). Category 2 some combination of these (Farnsworth National Pic Macaya in the Massif de la candidates were taxa for which 2010, p. 5). Hotte mountain range and the Parc information was available indicating We accept the characterization of the National La Viste in the Massif de la that listing was possibly appropriate, black-capped petrel as a species because Selle mountain range. The known but insufficient data were available Jesu´ s et al. (2009, entire) investigated breeding location in the Dominican regarding biological vulnerability and the phylogenetics (evolutionary Republic is within the Parque Nacional threats. In the February 28, 1996, Notice relatedness) of North Atlantic gadfly Sierra de Bahoruco. The Massif de la of Review (61 FR 7595), we petrels using both morphological Selle and the Sierra de Bahoruco are in discontinued the use of multiple characters (form and structure of the adjacent parks along the Haitian- candidate categories and removed species) and mitrochondrial DNA Dominican border (WEG 2011, p. 4–7; category 2 species from the candidate sequences, largely confirming the Collar et al. 2002, pp. 1–2, 3). list, which removed the black-capped There may still be breeding monophyly (descent from a single petrel from the candidate species list. populations of black-capped petrels ancestor) of this group. Within this breeding on Dominica, as suggested by Species Information assemblage, Pterodroma hasitata is the report of a female black-capped ancestral to P. cahow and P. feae (Jesu´ s The black-capped petrel (Pterodroma petrel with a brood patch in 2007. The et al. 2009, pp. 207–209). While all hasitata) is a seabird that ranges breeding female that was found in descended from a common ancestor, between 35–40 centimeters (cm) (14–16 Dominica in 2007 was a few kilometers this supports separate species inches (in)) in size, with mostly dusky (km) southwest of Morne Micotrin, one designations. During a recent meeting of to black upperparts and white patches of the taller mountains within Morne the Black-capped Petrel Working Group on the rump, hindneck, and forehead; Trois Pitons National Park, which is a the crown is black and in sharp contrast (Black-capped Petrel Working Group Birdlife International Important Bird with the white neck (del Hoyo et al. Notes 2011, p. 2), Marcel van Tuinen Area. However, subsequent visits to 1992, p. 238; Raffaele et al. 1998, pp. stated that he and his colleagues had Dominica have failed to find nesting 216–217). The black-capped petrel is the managed to extract and amplify DNA birds (Black-capped Petrel Working only extant gadfly petrel (one of about from over 20 black-capped petrels Group 2011, p. 17), and only a few 30 species of petrel in the genus caught off the coast of the Outer Banks black-capped petrels have been reported Pterodroma) known to breed in the of North Carolina in the 1980s. They off of this island in recent years Caribbean basin (Haney 1987, p. 153). It found fixed genetic differences between (Raffaele et al. 1998, p. 217). is a colonial nesting species that nests dark and light morphs of this seabird in It is believed that black-capped in crevices or burrows in steep, forested terms of the size of the black cap, with petrels historically bred in the mountain cliffs (Raffaele et al. 1998, p. intermediate morphs mostly falling with southeastern coastal slopes of the Sierra 217). The black-capped petrel is the light morphs. This genetic evidence Maestra mountain range in Cuba nocturnal and arrives at its nesting site points out the possibility of two distinct (Simons et al. 2006, p. 1). After dark, after sunset (Raffaele et al. 1998, p. 217). breeding populations of black-capped continued vocalizions from the birds The black-capped petrel occurs widely petrel; although the genetic indicated that at least some of the in the West Indies away from its differentiation is not large enough to petrels flew ashore near a narrow stream breeding grounds. It is believed to feed consider these morphs different species, valley up the steep mountainside on squid and fish (Raffaele et al. 1998, it is possible to consider them as towards the Sierra Maestra peaks p. 217). separate populations and, perhaps, (Simons et al. 2006, p. 1). An additional Imber (1985, entire) recognized four subspecies (Black-capped Petrel 25 birds were sighted at the same subgenera within Pterodroma, and Working Group Notes 2011, p. 2). location on February 9, 2004, and the based on morphological characteristics, Black-capped petrel populations birds’ behavior of massing just offshore he placed P. hasitata within the largest declined throughout the 19th and 20th and then flying inland at dusk was subgenus, Pterodroma. Included in this centuries (IUCN 2010, p. 1; Birdlife consistent with breeding in other subgenus were all other species of International 2011, p. 2) and were Pterodroma species (Simons et al. 2006, Pterodroma that breed in the North thought to be extinct in the early 1900s p. 2). The authors considered that this Atlantic (Bermuda petrel (Pterodroma (Bent 1922, p. 106). Currently, there are behavior strongly suggested that black- cahow), Zino’s petrel (Pterodroma only 13 known breeding colonies and an capped petrels were nesting near Sierra madeira), Fea’s petrel (Pterodroma estimated 600–2,000 breeding pairs Maestra; however, we have no evidence feae)), as well as petrel species that (Schreiber and Lee 2000, p. 6; Birdlife confirming that the birds are nesting in breed in the South Atlantic, the South International 2011, p. 1). While this location. Pacific, and the southern Indian Ocean historically the black-capped petrel had The nonbreeding (foraging) range of (Farnsworth 2010, p. 5). breeding colonies throughout the the black-capped petrel is centered in Farnswoth (2010, p. 5) states that Caribbean region, current breeding the South Atlantic Bight between North Howell and Patteson (2008, entire) populations are known only on the Carolina and Florida in the United suggested that variation in black-capped island of Hispaniola (Haiti and the States. It appears that black-capped petrels may reflect multiple cryptic Dominican Republic), and possibly petrels migrate from West Indies species, as evidenced by different Dominica and Martinique (Lee and breeding colonies, north and east of the

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Bahamas, via the Antilles Current, In considering what factors might the human population is expected to rather than through the Straits of Florida constitute threats, we must look beyond increase from 9.9 million in 2011, to (Haney 1987, p. 164). The seasonal the mere exposure of the species to the 11.7 million by 2025 (United States abundance patterns of black-capped factor to determine whether the species Census Bureau 2011b, p. 1; WEG 2011, petrels suggest that the species is widely responds to the factor in a way that p. 10). In the Dominican Republic, there distributed during the midsummer near causes actual impacts to the species. If is also evidence of illegal selective the Gulf Stream to 36 degrees North there is exposure to a factor, but no logging and charcoal-burning within the latitude, and perhaps farther north to response, or only a positive response, section of Sierra de Bahoruco National 40–45 degrees North latitude (Haney that factor is not a threat. If there is Park near the single known breeding 1987, p. 165). Black-capped petrels may exposure and the species responds colony of black-capped petrel in the occur farther north along the negatively, the factor may be a threat park, and while some improvement in continential shelf than present records and we then attempt to determine how the situation has occurred in recent suggest, especially where the Gulf significant a threat it is. If the threat is years, the park administration still faces Stream meanders, and warm core rings significant, it may drive or contribute to challenges (Williams et al. 1996, p. 29; occur near the edge of the continental the risk of extinction of the species such WEG 2011, p. 14–15), which are shelf; however, surveys of northwest that the species may warrant listing as discussed further under Factor D, Atlantic marine habitats beyond the endangered or threatened as those terms below. continental shelf have not identified the are defined by the Act. This does not According to the petition, species (Haney 1987, p. 165). necessarily require empirical proof of a ‘‘Reintroduction of the species to its Black-capped petrels have been threat. The combination of exposure and former range in Guadeloupe and observed relatively close to shore in the some corroborating evidence of how the Martinique seems unlikely due to heavy West Indies. For example, during an species is likely impacted could suffice. deforestation on these islands (Lee and expedition to search for the Jamaica The mere identification of factors that Haney 1999, p. 44, WEG 2011, p. 9). petrel (Pterodroma caribbaea), Shirihai could impact a species negatively may Only 14,600 hectares of suitable et al. (2010, pp. 5–6) observed 46 black- not be sufficient to compel a finding breeding habitat remains on capped petrels off Jamaica, whose that listing may be warranted. The Guadeloupe, and all of the forest behavior suggested that they were information shall contain evidence habitats on Martinique are heavily breeding in the John Crow Mountains of sufficient to suggest that these factors affected by human activity (Lee and Jamaica. Furthermore, while conducting may be operative threats that act on the Haney 1999, p. 44, WEG 2011, p. 9).’’ observations of tubenoses (shearwaters species to the point that the species may Although the petition includes (Puffinus species) and petrels) off the meet the definition of endangered or electrical and communication towers as coast of Guadeloupe, Levesque and threatened under the Act. threats to the black-capped petrel under Yesou (2005, p. 674) observed three In making this 90-day finding, we Factor A, we believe that discussion of confirmed black-capped petrels in early evaluated whether information these potential threats is more 2004 (7 and 14 January, 4 February) and regarding threats to the black-capped appropriate under Factor E. four gadfly petrels (Pterodroma species) petrel, as presented in the petition and in the same period that were also most other information available in our files, Evaluation of Information Provided in likely black-capped petrels. Prior to is substantial, thereby indicating that the Petition and Available in Service 2004, black-capped petrels had not been the petitioned action may be warranted. Files reported near Guadeloupe in recent Our evaluation of this information is history, since breeding ceased to be presented below. Based on our review of the information provided in the petition reported in the 18th century or early A. The Present or Threatened 19th century. and available in our files, it is likely that Destruction, Modification, or deforestation and habitat modification Evaluation of Information for This Curtailment of Its Habitat or Range as a result of human encroachment Finding Information Provided in the Petition upon the black-capped petrel’s habitat in Haiti will continue. Section 4 of the Act (16 U.S.C. 1533) The petition claims that the ‘‘socio- and its implementing regulations at 50 economic realities of Haiti and the The black-capped petrel’s narrow CFR part 424 set forth the procedures Dominican Republic threaten the foraging habitat at sea is impacted by for adding a species to, or removing a destruction of its remaining breeding offshore energy development (Lee and species from, the Federal Lists of sites’’ (WEG 2011, p. 1) In addition, the Haney 1999, p. 2), particularly as this Endangered and Threatened Wildlife petition claims that ‘‘offshore oil species is attracted to oily surfaces to and Plants. A species may be development off the U.S. Atlantic coast feed (Lee and Haney 1999, p. 48). An oil determined to be an endangered or could destroy the primary foraging area spill in its feeding range could affect the threatened species due to one or more of the species’’ (WEG 2011, p. 1). remaining black-capped petrel of the five factors described in section Lee and Haney (1999, p. 43) noted population. 4(a)(1) of the Act: that local human populations in Haiti In summary, we find that the (A) The present or threatened were encroaching towards the black- information provided in the petition, as destruction, modification, or capped petrel’s breeding colonies well as other information available in curtailment of its habitat or range; around 1980, and agricultural clearings our files, presents substantial scientific (B) Overutilization for commercial, extended both above and below the or commercial information indicating recreational, scientific, or educational colonies. The human population of that the petitioned action may be purposes; Haiti is expected to increase from warranted due to habitat destruction (C) Disease or predation; approximately 9.7 million in July 2011, associated with human encroachment (D) The inadequacy of existing to close to 11.2 million by 2025 (United (including those resulting from regulatory mechanisms; or States Census Bureau 2011a, p. 1; CIA deforestation and agriculture) and (E) Other natural or manmade factors World Fact Book, p. 1; WEG 2011, p. 9). offshore oil developments in the affecting its continued existence. Similarly, in the Dominican Republic, species’ foraging grounds.

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B. Overutilization for Commercial, pairs and 13 known breeding colonies, ecotourism, to take place. According to Recreational, Scientific, or Educational the proximity of introduced predators is the petition, although park Purposes an important threat to the black-capped infrastructure has improved petrel’’ (WEG 2011, p. 13). Finally, the Information Provided in the Petition significantly, chronic understaffing, petition mentions that pre-Columbians communication problems between the The petition claims that human living on the eastern part of Hispaniola different ranger stations, lack of overutilization extirpated the black- imported the coati (Nasua nasua), adequate transportation, and capped petrel from two of its former although the coati’s impact on nesting insufficient fuel supplies make park breeding grounds, Guadeloupe and black-capped petrels is unknown (WEG administration difficult (WEG 2011, p. Martinique, due to extensive hunting. 2011, p. 15). 14–15). The petition also claims that destructive hunting practices continue within the Evaluation of Information Provided in As noted by the petition, in Haiti, species’ remaining breeding areas and the Petition and Available in Service nine breeding colonies are located that without protection from Files within the La Visite National Park in overutilization, the black-capped petrel Based on the information provided in Massif de la Selle and another is located could be extirpated in Haiti and the the petition and available in our files, in the Pic Macaya National Park in Dominican Republic (WEG 2011, p. 11– we concur with the petition that Massif de la Hotte (Collar et al. 1992, 12), as well. predators are encroaching upon the pp. 1, 6). The petition asserts that remaining breeding grounds of the ‘‘Massif de la Hotte has been designated Evaluation of Information Provided in black-capped petrel. In addition to the as a priority for conservation action,’’ the Petition and Available in Service information submitted by the petitioner, and it is largely encompassed by the Files we found information in our files to 2,000-hectare (4,942-ac) Parc National Despite its inclusion under Factor B indicate that guards often have several Pic Macaya, which is a Key Biodiversity in the petition, hunting information is dogs on site that act as sentries at a Area and is within a UNESCO not relevant to Factor B, because telecommunication tower site in Loma Biosphere Reserve (WEG 2011, p. 14). hunting of black-capped petrels on these de Toro, Sierra de Bahoruco, Dominican The petition also claims that there is islands is for subsistence rather than Republic. The dogs roam freely at night no stated protection for the species’ commercial purposes. Therefore, and could prey upon petrel adults or foraging areas, and no regulatory hunting of black-capped petrels is nestlings (Black-capped Petrel Working mechanisms exist that protect the black- addressed under Factor E below. We Group 2011, p. 8). have no information that black-capped In summary, we find that the capped petrel’s narrow foraging range petrels are collected or overutilized for information provided in the petition (WEG 2011, p. 15). commercial, recreational, scientific, or and available in our files provides Evaluation of Information Provided in educational purposes. We find that the substantial scientific or commercial the Petition and Available in Service remaining information provided in the information indicating that the Files petition and available in our files does petitioned action may be warranted due not present substantial scientific or to predation. However, neither the Activities that threaten the species commercial information indicating that petition nor our files present and its habitat (e.g., forest clearings, the petitioned action may be warranted information on the impact of disease to selective logging, charcoal-burning, due to overutilization for commercial, the black-capped petrel. fires, nonnative mammals) continue to recreational, scientific, or educational D. The Inadequacy of Existing occur around Sierra de Bahoruco and purposes. Regulatory Mechanisms. other national parks in Hispaniola. C. Disease or Predation However, we currently have no Information Provided in the Petition information, either from the petition or Information Provided in the Petition The petition claims that only cursory in our files, on any existing regulatory The petition claims that ‘‘one of the protection exists for the black-capped mechanisms that would provide specific most serious threats to the black-capped petrel’s remaining breeding habitat. protections for the black-capped petrel petrel, both historically and currently, is Although at least 11 of the 13 known in the national parks of Hispaniola. predation from introduced mammals’’ breeding colonies in Haiti and the Based on the information provided in (WEG 2011, p. 12), including dogs Dominican Republic are located in the petition and available in our files, (Canis familiaris), cats (Felis catus), national parks, according to the we currently have no information that Virginia oppossums (Didelphis petitioner, these national park any regulatory mechanisms exist to virginiana), and potentially mongoose designations have done little to protect protect the petrel’s foraging habitat. (Herpestes auropunctatus) and rats the species. The single breeding colony (Rattus norvegicus and R. rattus). For of petrels in the Dominican Republic is In summary, we find that the instance, the petition states, ‘‘* * * located within the Sierra de Bahoruco information provided in the petition researchers have noted that feral dogs, National Park (Collar et al. 1992, p. 6), and in our files does not provide cats, and mongoose are becoming more and it is one of the three core zones of substantial scientific or commercial abundant in the nesting areas, and have the Jaragua-Bahoruco-Enriquillo information indicating that the observed dogs digging petrels from Biosphere Reserve. This Reserve petitioned action may be warranted due burrows’’ (Collar et al. 1992, p. 5). Lee contains both protected and unprotected to the inadequacy of existing regulatory and Haney (1999, p. 46) observed the properties (WEG 2011, p. 14). mechanisms. However, as we proceed presence of feral house cats at the base Additionally, the petition states that a with the 12-month status review, we of the single nesting cliff in Sierra de 1,152-square kilometer (284,665 acres will further investigate this factor to Baoruco in the Dominican Republic (ac)) area within the reserve is determine what, if any, regulatory (WEG 2011, p. 13). The petition goes on designated as a Key Biodiversity area, mechanisms exist to protect the species to state that ‘‘with an estimated which allows activities, such as and whether or not these mechanisms population of only 600–2000 breeding research, conservation, recreation, and are inadequate.

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E. Other Natural or Manmade Factors species (Lee and Haney 1999, pp. 42– In addition to the practice of ‘sen sel,’ Affecting Its Continued Existence 43). described by the petitioner, other types The petition claims that climate of fires may have the same effect on the Information Provided in the Petition change is expected to have significant species. For instance, agricultural The petition claims that ‘‘other impacts in the Caribbean region, clearings now extend to areas just above biological and anthropogenic factors including sea level rise, higher and below nesting colonies on cliffs; it threaten the black-capped petrel’s temperatures, changes in rainfall is standard practice to burn cleared continued existence, including slow patterns, and increased intensity of vegetation, which Lee and Haney (1999, recruitment, pollution and hurricane and other storm activity p. 43) state has been reported to have a bioaccumulation of heavy metals, and (Black-capped Petrel Working Group ‘‘sen sel’’-type effect on the black- climate change’’ (WEG 2011, p. 16). 2011, p. 5; WEG 2011, p. 16). In capped petrel. ‘‘One breeding pair must successfully addition, the petition states that impacts The Black-capped Petrel Working breed for three consecutive years to specific to black-capped petrels could Group (2011, p. 18) notes that ensure population growth. This aspect include changes in habitat suitability, projections for climate change, of the species’ ecology only intensifies loss of nesting burrows washed out by particularly regionally, are accompanied the effects of the other threats to the rain or flooding, increased petrel by substantial uncertainty. ‘‘The Gulf birds. The loss of a few breeding birds strandings inland during storm events, Stream and its associated water masses could lead cause a significant decline in and increased risk from vector-borne in the western North Atlantic are key the population’’ (WEG 2011, p. 16). disease. foraging areas for the black-capped With regard to heavy metals, the petrel, and effects in that system (e.g., Evaluation of Information Provided in petition states, ‘‘Whaling et al. (1980) stoppage or reversal) would likely the Petition and Available in Service reported that black-capped petrels significantly impact the species’’ (Black- Files contain seven to nine times more capped Petrel Working Group 2011, p. mercury contamination that other Information in our files supports the 18). However, there is currently little similar seabirds, although he was claim in the petition that the species is evidence of these effects, nor unclear as to the reason. Oil drilling and threatened by other natural and information that these effects may be other activities in the petrel’s key manmade factors. specifically impacting the black-capped foraging area off of North Carolina could Birdlife International (2011, p. 1) petrel; therefore, the risk associated release mercury and other heavy metals indicates that a telecommunications with them for the petrel is low (Black- into marine waters and the food chain, mast with stay wires erected in 1995 on capped Petrel Working Group 2011, p. and thus increase toxic loads in petrels Loma de Toro in Sierra de Bahoruco 18). (Lee and Haney 1999, p. 2, 48; Black- (the only known nesting locality in the The Black-capped Petrel Working capped Petrel Working Group 2011, p. Dominican Republic) poses a collision Group noted that, ‘‘although they are 19).’’ hazard to the black-capped petrel. The likely long-lived (≥40 years), high adult Additionally, the petition asserts that Black-capped Petrel Working Group survival rates are likely critical to electrical and communication towers (2011, p. 12) reports that lighting of the balance strong limits that low pose immediate collision threats to the towers with light fixtures in a color reproductive rate and limited nest site black-capped petrel on high mountain other than red can attract petrels and availability exert on population growth ridges at breeding locations, because increase risk of fatal collision. At some and expansion.’’ Therefore, it is likely during nightly courtship flights the black-capped petrel breeding sites (e.g., that the ecology of this species may birds fly in groups at high speed at Loma del Toro), towers are fitted with exacerbate other threats. varying heights, making them bright white lights at the base to assist In summary, we find that the vulnerable to fatal collisions with the guards with security surveillance. A information provided in the petition, as towers or the stabilizing guy wires watchtower for fire control was placed well as other information in our files, (Black-capped Petrel Workging Group on Loma del Toro, which allows fires to presents substantial scientific or 2011, p. 8; WEG 2011, p. 10). be spotted quickly (Black-capped Petrel commercial information indicating that The petition claims that extensive Working Group 2011, p. 12). However, the petitioned action may be warranted hunting is known to have occurred in this tall, new structure, when combined due to the presence of Guadeloupe back to at least the mid- with the already existing telecommunication infrastructure, local 17th century and is thought to have communication towers, presents consumption of black-capped petrels, resulted in near extirpation of this additional hazards for flying petrels the impacts of fires and artificial light population (Collar et al. 2002, p. 6; WEG (WEG 2011, p. 15). Also, at some towers, sources, pollution and heavy metals, 2011, p. 12; see also the discussion security guards maintain an open fire slow recruitment, and the impacts of under Factor B, above). In Haiti, local throughout the night for warmth and structures associated with oil rigs. We people are known to hunt this bird light; the fire may attract petrels, and do not find substantial scientific or using the practice of ‘‘sen sel’’ (Wingate could be potentially fatal. These open commercial information in the petition 1964, pp. 154–155). ‘‘Sen sel’’ is a fires also have the additional impact of or in our files that the petitioned action method of capturing the birds at forest clearing and greatly increases may be warranted due to the impacts of breeding colonies by lighting a fire on danger of forest fires (Black-capped climate change. However, we will a cliff top above a colony (Wingate 1964, Petrel Working Group 2011, p. 12). further investigate this in our 12-month pp. 154–155). Birds flying near the fire According to Lee and Haney (1999, p. finding. become disoriented and crash directly 48), artificial lights on oil rigs may into the fire or into nearby vegetation result in mortality of black-capped Finding (Wingate 1964, p. 154). This practice petrels from collisions because they are On the basis of our evaluation of the continues today in Haiti, and as Haiti’s attracted to the lights, particularly when petition and other readily available data population grows and continues to nights are foggy. Due to the high speed under section 4(b)(3)(A) of the Act, we encroach on the 12 remaining breeding flight of the species, collisions with find that the petition presents colonies, hunting is likely to have an rigging would most likely prove fatal substantial scientific or commercial increasingly negative effect on the (Lee and Haney 1999, p. 48). information indicating that listing the

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black-capped petrel throughout its to a status review to determine whether www.regulations.gov and upon request entire range may be warranted. This a petitioned action is warranted. A 90- from the Caribbean Ecological Services finding is based on information day finding does not constitute a status Field Office (see FOR FURTHER provided under factors A, C, and E. We review under the Act. In a 12-month INFORMATION CONTACT). find that the information provided finding, we will determine whether a Authors under factors B and D are not petitioned action is warranted after we substantial. have completed a thorough status The primary authors of this notice are Because we have found that the review of the species, which is the staff members of the Caribbean petition presents substantial conducted following a substantial 90- Ecological Services Field Office. information indicating that listing the day finding. Because the Act’s standards Authority black-capped petrel may be warranted, for 90-day and 12-month findings are we are initiating a status review to different, as described above, a The authority for this action is the determine whether listing the black- substantial 90-day finding does not Endangered Species Act of 1973, as capped petrel under the Act is mean that the 12-month finding will amended (16 U.S.C. 1531 et seq.). warranted. result in a warranted finding. Dated: June 7, 2012. Daniel M. Ashe, The ‘‘substantial information’’ References Cited standard for a 90-day finding differs Director, U.S. Fish and Wildlife Service. from the Act’s ‘‘best scientific and A complete list of references cited is [FR Doc. 2012–15116 Filed 6–20–12; 8:45 am] commercial data’’ standard that applies available on the Internet at http:// BILLING CODE 4310–55–P

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