39894 Federal Register / Vol. 83, No. 156 / Monday, August 13, 2018 / Rules and Regulations

Authority: 42 U.S.C. 7401 et seq. Transport SIP to meet Infrastructure § 52.1020 Identification of plan. Requirements for the 2010 1-hour NO2 * * * * * Subpart U—Maine NAAQS’’ at the end of the table to read (e) Nonregulatory. ■ 2. Section 52.1020(e) is amended by as follows: adding an entry titled ‘‘Interstate

MAINE NON REGULATORY

Applicable geo- State submittal Name of non regulatory SIP provision graphic or non- date/effective EPA approved date 3 Explanations attainment area date

******* Interstate Transport SIP to meet Infra- Statewide ...... 2/21/2018 8/13/2018, [Insert Federal This approval addresses Prongs 1 structure Requirements for the Register citation]. and 2 of CAA section 2010 1-hour NO2 NAAQS. 110(a)(2)(D)(i)(I) only. 3 In order to determine the EPA effective date for a specific provision listed in this table, consult the Federal Register notice cited in this col- umn for the particular provision.

[FR Doc. 2018–17248 Filed 8–10–18; 8:45 am] Program, U.S. Fish and Wildlife Service, the inadequacy of existing regulatory BILLING CODE 6560–50–P 5275 Leesburg Pike, MS: ES, Falls mechanisms; or (E) other natural or Church, VA 22041; telephone 703–358– manmade factors affecting its continued 2444. If you use a telecommunications existence. The primary causes attributed DEPARTMENT OF THE INTERIOR device for the deaf (TDD), call the to the decline of the hyacinth Federal Relay Service at 800–877–8339. include loss and degradation Fish and Wildlife Service SUPPLEMENTARY INFORMATION: (Factor A), hunting (Factor B), predation (Factor C), competition and low 50 CFR Part 17 Executive Summary reproduction rate (Factor E), and climate Why we need to publish a rule. Under change (Factor E). [Docket No. FWS–R9–ES–2012–0013; the Endangered Act (Act), a Section 4(d) of the Act authorizes the 4500030115] species may warrant protection through Secretary of the Interior (Secretary) to RIN 1018–BC79 listing if it is found to be an endangered extend to threatened species the or threatened species. Listing a species prohibitions provided for endangered Endangered and Threatened Wildlife as an endangered or threatened species species under section 9 of the Act. Our and Plants; Listing the Hyacinth can only be completed by issuing a rule. implementing regulations for threatened Macaw On July 6, 2012, the U.S. Fish and wildlife, found at title 50 of the Code of Wildlife Service (Service) published in Federal Regulations (CFR) at § 17.31 (50 AGENCY: Fish and Wildlife Service, the Federal Register (FR) a 12-month CFR 17.31), incorporate the section 9 Interior. finding and proposed rule to list the prohibitions for endangered wildlife, ACTION: Final rule. ( except when a species-specific rule hyacinthinus) as an endangered species under section 4(d) of the Act is SUMMARY: We, the U.S. Fish and promulgated. For threatened species, Wildlife Service, determine threatened under the Act (77 FR 39965). On section 4(d) of the Act gives the Service species status under the Endangered November 28, 2016, the Service discretion to specify the prohibitions Species Act of 1973 (Act), as amended, published a revised proposed rule to list and any exceptions to those for the hyacinth macaw the hyacinth macaw as a threatened prohibitions that are appropriate for the (Anodorhynchus hyacinthinus), a species (81 FR 85488), which included species, as well as include provisions species that occurs almost exclusively a proposed rule under section 4(d) of that are necessary and advisable to in and marginally in and the Act that defined the prohibitions we provide for the conservation of the . This rule adds this species to are extending to the hyacinth macaw species. A rule issued under section 4(d) the List of Endangered and Threatened and the exceptions to those of the Act allows us to include Wildlife. We are also establishing a rule prohibitions, as well as provisions that provisions that are tailored to the pursuant to section 4(d) of the Act to are necessary and advisable for the specific conservation needs of that further provide for the conservation of species’ conservation. This rule finalizes threatened species and which may be the hyacinth macaw. the listing of the hyacinth macaw as a threatened species under the Act, and more or less restrictive than the general DATES: This rule is effective September establishes a 4(d) rule to further provide provisions at 50 CFR 17.31. 12, 2018. for the species’ conservation. Peer review and public comment. We ADDRESSES: Comments and materials The basis for our action. Under sought comments from independent received, as well as supporting section 4(a)(1) of the Act, we determine specialists to ensure that our analysis is documentation used in the preparation that a species is an endangered or based on scientifically sound data, of this rule, are available for public threatened species based on any of five assumptions, and analyses. We invited inspection at http:// factors: (A) The present or threatened peer reviewers and the public to www.regulations.gov under Docket No. destruction, modification, or comment on our listing proposals. All FWS–R9–ES–2012–0013. curtailment of its habitat or range; (B) substantive information from peer FOR FURTHER INFORMATION CONTACT: Don overutilization for commercial, review and public comments was fully Morgan, Chief, Division of Delisting and recreational, scientific, or educational considered and incorporated into this Foreign Species, Ecological Services purposes; (C) disease or predation; (D) final rule, where appropriate.

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Previous Federal Actions information from public comments and protected by these other laws does not Please refer to the proposed listing provides our responses. preclude the need to list if the species Comment (1): Many commenters rule, published in the Federal Register still meets the definition of an opined that the Act was meant to on July 6, 2012 (77 FR 39965), for endangered or threatened species. protect species native to the United previous Federal actions for this species Listing under the Act can help ensure States, and the hyacinth macaw should that the United States and its citizens do prior to that date. The publication of the not be listed since it is a foreign species. not contribute to the further decline of proposed listing rule opened a 60-day Our Response: The Act does not the species. That said, we considered public comment period, which closed differentiate between domestic and the conservation role that CITES and on September 4, 2012. Based on new foreign species as it applies to our WBCA provide when developing the information, on November 28, 2016, we responsibilities to determine whether 4(d) rule for the species. The 4(d) rule published a revised proposed rule (81 species are endangered or threatened, that we are putting in place streamlines FR 85488) to list the hyacinth macaw as and sections 4(b)(1)(A) and 4(b)(1)(B)(i) the permitting process by deferring to a threatened species, which included a expressly require the Service to consider existing laws that are protective of proposed rule under section 4(d) of the efforts by a foreign nation prior to hyacinth in the course of Act (16 U.S.C. 1531 et seq.) that defines making a listing determination. The import and export and not requiring the conservation measures that apply to broad definitions of ‘‘species,’’ ‘‘fish or permits under the Act for certain types the hyacinth macaw (50 CFR 17.41(c)). wildlife,’’ and ‘‘plants’’ in section 3 of of activities. Additionally, we are not That revised proposed rule also opened the Act do not differentiate between prohibiting interstate commerce of a 60-day public comment period, which species native to the United States, hyacinth macaw within the United closed on January 27, 2017. species native to both the United States States (see 4(d) Rule, below). Summary of Changes From the Revised and one or more other countries, and Comment (3): Several commenters Proposed Rule species not native to the United States. stated that the information used in the Further, the findings and purposes at proposed rule was outdated; one also We included additional information sections 2(a)(4), 2(a)(5), and 2(b) of the expressed concern that the information regarding action plans in Brazil that aim Act also speak to the application of the was from English-only sources. to reduce deforestation. Act to foreign species and numerous Our Response: The Service is required Brazil has implemented actions plans provisions of the Act and the by the Act to make determinations that aim to reduce deforestation rates in implementing regulations refer to solely on the basis of the best scientific the Amazon and , referred to as foreign jurisdictions (e.g., sections 8 and and commercial data available. We the Plan of Action for Prevention and 8A, 50 CFR 424.11(e)). based the proposed rule on all the Control of Deforestation in the Legal Comment (2): Some commenters information we received following the Amazon (PPCDAm) and the Action Plan believed that there is no demonstrable initiation of the status review for the for the Prevention and Control of benefit to listing the hyacinth macaw hyacinth macaw, as well as all of the Deforestation and Burning in the under the Act because it is already information we found during our own Cerrado (PPCerrado), respectively. In protected by CITES and the Wild research. The information we use is not the proposed rule we stated that we did Conservation Act (WBCA; 16 U.S.C. always current, as it depends on not have any details regarding the 4901–4916). research being conducted in the field success or progress of these plans. Our Response: The decision to list a and the availability of information. At However, in this final rule we included species under the Act is based on that time, the information we compiled the most recent information available whether the species meets the definition was considered the best available and results achieved by these plans (see of an endangered or threatened species information. After we published the Factor D discussion, below). as defined under section 3 of the Act proposed rule in 2012, additional and is made solely on the basis of the Summary of Comments and information became available or was best scientific and commercial data Recommendations submitted by the public, including more available. Conservation measures recent information and studies from a We reviewed all comments we provided to species listed as endangered species expert and conservation received from peer reviewers and the or threatened under the Act include organizations within the hyacinth public for substantive issues and new recognition, requirements for Federal macaw’s range countries. Literature that information. All substantive information protection, and prohibitions against was not in English was professionally from peer review and public comments certain practices. Recognition through translated and then reviewed, to the best has been fully considered and is listing results in public awareness, and of our ability. The information we incorporated into this final rule, where may encourage and result in received has been incorporated into this appropriate. conservation actions by foreign final rule and helped serve as the basis We received 104 public comments governments, Federal and State for our determination that the hyacinth combined on the proposed and revised governments, private agencies and macaw is threatened, not endangered. proposed rules to list the hyacinth interest groups, and individuals. The Comment (4): Two commenters stated macaw under the Act during their purpose of the WBCA is to ensure that that significant additional wild respective comment periods. Many exotic bird species are not harmed by populations have been recently commenters supported listing the international trade and encourages wild discovered and were not included in the hyacinth macaw as an endangered or bird conservation programs in countries data cited for the proposed listings. threatened species under the Act. of origin. The purpose of CITES is to Our Response: The commenters did However, many commenters also ensure that international trade in plants not provide any information or citations recommended that we issue a rule and does not threaten their to support their claims. The information under section 4(d) of the Act that would survival in the wild. Protection that we have indicates that hyacinth allow interstate commerce of hyacinth provided by other laws, such as CITES macaws may be expanding into new macaws to occur without needing a and WBCA, is taken into consideration areas or areas previously abandoned; permit. The following discussion when determining the status of the however, we found no support for summarizes issues and substantive species. However, simply being significant additional populations

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having been established. The overall Actions’’ in the July 6, 2012, proposed scarcer, hyacinth macaws may adapt to population estimate for the hyacinth rule (77 FR 39965, see pp. 39971– using cavities of other trees (van der macaw remains 6,500 individuals. 39972). Our final rule considers and Meer 2013, p. 3) or perhaps even cliff Comment (5): Many commenters incorporates additional information we faces. raised concerns about the listing of the subsequently received from the Comment (10): One commenter stated hyacinth macaw due to economic President of the Hyacinth Macaw that we provide conflicting data on impacts on small businesses because of Institute and Coordinator for the annual deforestation rates in the Gerais the restriction on commercial trade Hyacinth Macaw Project, Neiva Guedes. region because we stated that annual within the United States. Comment (8): Two commenters deforestation rates were more than Our Response: Determinations on pointed to a recent increase in 14,200 km2 (5,483 mi2) each year from whether a species should be added to deforestation within the hyacinth 2002 to 2008, an estimated 12,949 km2 the Federal Lists of Endangered and macaw’s range as a reason why the (4,999 mi2) per year from 2000 to 2005, Threatened Wildlife and Plants are species should be listed as endangered and 11,812 km2 (4,560 mi2) per year based on whether the species meets the rather than threatened. from 2005 to 2010. definition of ‘‘endangered species’’ or of Our Response: The deforestation rate Our Response: We cited the best ‘‘threatened species’’ in section 3 of the is generally decreasing from historical available data from research that used Act. The Act directs the Service to make levels (see Factor A discussion, below), time frames that overlap or vary; these determinations solely on the basis although we recognize that the rates of therefore, it is difficult to make of the best scientific and commercial deforestation may fluctuate annually, comparisons between studies and across data available. Furthermore, the Act with some years having a higher rate years to provide a linear estimate of the directs the Service to consider economic than other years. If the deforestation annual deforestation rates within the impacts only when designating critical rates are maintained or further reduced, species’ range. Estimates of the habitat. Therefore, we may not consider the loss of all native habitat from these deforestation rate from 2002 to 2008 of economic impacts when determining areas, including the species of trees 14,200 km2 (5,483 mi2) each year are the status of a species. We understand needed by the hyacinth macaw for food based on data from the PROBIO program that the regulations imposed by the and nesting, and the hyacinth macaw’s (Projeto de Conservac¸a˜o e Utilizac¸a˜o listing of the hyacinth macaw will have risk of extinction, is not as imminent as Sustenta´vel da Diversidade Biolo´gica) an effect on those involved in the pet predicted. Additionally, Brazil has using imagery from 2002 (Beuchle et al. bird industry, especially bird breeders. implemented plans to reduce 2015, p. 117). The Project to Monitor The 4(d) rule that we are putting in deforestation in the Amazon (PPCDAm) Deforestation of Brazilian Biomes by place streamlines the permitting process and Cerrado (PPCerrado) and has Satellite (PMDBBS) used this baseline by deferring to existing laws that are obtained significant reduction of the data to estimate deforestation rates from protective of hyacinth macaws in the deforestation rate after 12 years of the 2002 through 2008 in the Cerrado (see course of import and export and not PPCDAm and 6 years of PPCerrado (see Table 2, below), and to map cleared requiring permits under the Act for Factor D discussion, below). Therefore, areas from 2008 to 2009, 2009 to 2010, certain types of activities. Additionally, we do not find that the hyacinth macaw and 2010 to 2011; these data are also we are not prohibiting interstate is currently in danger of extinction. cited by Brazilian Ministry of the commerce of hyacinth macaw within Comment (9): One commenter stated Environment (Ministe´rio do Meio the United States (see 4(d) Rule, below). that deforestation stabilization does not Ambiente) (MMA) (2015, p. 9) and Comment (6): Some commenters equate with regeneration and does not World Wildlife Fund—United Kingdom requested that captive in the account for negative impacts of (WWF–UK) (2011b, p. 2). The PMDBBS United States be considered a separate historical habitat disturbance, which is one of the official national biome and self-sustaining population from the effects manduvi in the , upon scale estimates for the Brazilian biomes. wild population because the wild which the hyacinth macaw relies almost Estimates of the deforestation rate we populations are in need of immediate exclusively for nesting. cited from 2000 to 2005 of 12,949 km2 help and should be managed and listed Our Response: Although the (4,999 mi2) per year and from 2005 to independently under the Act. recruitment of the manduvi tree has 2010 of 11,812 km2 (4,560 mi2) per year Our Response: We have determined been severely reduced and is expected are from Beuchle et al. (2015, pp. 124– that the Act does not allow for captive to become increasingly rare in the 125), who were comparing their results wildlife to be assigned separate legal future, active management has to PMDBBS (see Factor A discussion, status from their wild counterparts on contributed to the increase in the below). the basis of their captive state, including hyacinth macaw population in the Comment (11): Some commenters, through designation as a separate Pantanal, and farmers have begun to while not opposed to the listing of the distinct population segment (DPS) (80 protect hyacinth macaws on their species, requested a rule under section FR 34500; June 16, 2015). property. Additionally, hyacinth 4(d) of the Act, which would allow Comment (7): One commenter stated macaws have been reported in various ownership and interstate trade of the that the proposed rule does not address trees species and even on cliffs on the species to occur without obtaining a the many positive steps that have been border of the Pantanal (see Essential permit under the Act. taken to conserve the hyacinth macaw Needs of the Species, above), although Our Response: Ownership of a listed in the wild. The commenter referenced the majority of their nests are in Brazil species is not prohibited by the Act and, the work of the Hyacinth Macaw Project (Bertholettia excels) (in Para´) and therefore, does not require a permit. specifically. manduvi (in the Pantanal). Further, Section 4(d) of the Act allows the Our Response: We included a detailed hyacinth macaws in the Gerais region Service to apply the prohibitions of description of the work being done by now use rock crevices for nesting. While section 9 or to provide measures that are the Hyacinth Macaw Project under we do not know if the hyacinth macaws necessary and advisable to provide for Conservation Measures in the November in this region will respond in the same the conservation of threatened species. 28, 2016, revised proposed rule (81 FR way to the loss of nesting trees as those Therefore, whenever we list a species as 85488, November 28, 2016 see pp. in the Gerais region, it is possible that a threatened species, we may issue 85499–85501) and ‘‘Conservation if these primary nesting trees become regulations as we deem necessary and

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advisable to conserve the species under wild bird conservation programs in Our Response: International transport a 4(d) rule. We determined that listing countries of origin. Under the WBCA is guided by part 50 CFR part 14, the hyacinth macaw as threatened under and our implementing regulations (50 subpart J—Standards for the Humane the Act is appropriate, and as part of our CFR 15.11), it is unlawful to import into and Healthful Transport of Wild determination, this final listing includes the United States any exotic bird species Mammals and Birds to the United a 4(d) rule for the species articulating listed under CITES except under certain States. As mentioned earlier, importers/ the measures that we deemed is circumstances. The Service may issue exporters must meet the requirement of necessary and advisable for the permits to allow import of listed birds this and other requirements in order to conservation of the species. See 4(d) for scientific research, zoological import their birds into the United Rule, below, for more discussion. breeding or display, cooperative States. These regulations are enforced Comment (12): Two commenters breeding, or personal pet purposes by the Service. Interstate transport is stated that the proposed 4(d) rule is not when the applicant meets certain guided by the Welfare Act adequate because it does not stem criteria (50 CFR 15.22–15.25). Under the (AWA) (7 U.S.C. 2131 et seq.), which is demand for illegally obtained hyacinth Lacey Act, in part, it is unlawful: (1) To the Federal law in the United States that macaws and makes wild-sourced supply import, export, transport, sell, receive, regulates the treatment of animals in of hyacinth macaws more accessible to acquire, or purchase any fish, or wildlife research, exhibition, transport, and by breeders. taken, possessed, transported, or sold in dealers (United States Department of Our Response: The 4(d) rule generally violation of any law, treaty, or Agriculture 2017, unpaginated). While adopts the existing conservation regulation of the United States or in other laws, policies, and guidelines may regulatory requirements of CITES and violation of any Indian tribal law, or (2) include additional species coverage or the WBCA as the appropriate regulatory to import, export, transport, sell, specifications for animal care and use, provisions for the import and export of receive, acquire, or purchase in all refer to the AWA as the minimum certain hyacinth macaws. CITES is an interstate or foreign commerce any fish acceptable standard. The AWA is international agreement between or wildlife taken, possessed, enforced by the U.S. Department of governments and ensures that the transported, or sold in violation of any Agriculture, Animal and Plant Health international trade of CITES-listed law or regulation of any State or in Inspection Service. Therefore, we plants and animals does not threaten the violation of any foreign law. For determine that these laws and survival of the species in the wild. example, because the take of wild- regulations adequately promote the Trade must be authorized through a caught hyacinth macaws would be in humane treatment and transport of system of permits and certificates that violation of Brazil’s Environmental hyacinth macaws. are provided by the designated CITES Crimes Law, the subsequent import of Comment (14): One commenter Scientific and Management Authorities hyacinth macaws would violate the recommended there be an exception for of each CITES Party. The hyacinth Lacey Act. Similarly, under the Lacey legitimate owners and opined macaw is listed in Appendix I of CITES. Act it is unlawful to import, export, that the United States should not For species included in CITES transport, sell, receive, acquire, or confiscate private property (i.e., Appendix I, international trade is purchase specimens of this species legitimately purchased pets) because of permitted only under exceptional traded contrary to CITES. a problem occurring in Brazil, especially circumstances, which generally when there are already laws to protect precludes commercial trade. The United Based in large part on the protection wild . States implements CITES through the from illegal and legal trade afforded to Our Response: There is no prohibition Act and our implementing regulations at the hyacinth macaw by CITES, the for ownership of lawfully acquired 50 CFR part 23. It is unlawful for any WBCA, and the Lacey Act, the best hyacinth macaws. With regards to person subject to the jurisdiction of the available data indicate that legal and import/export, we proposed exceptions United States to engage in any trade in illegal trade of hyacinth macaws is not for personal pet parrot owners in the any specimens contrary to the currently occurring at levels that are 4(d) rule to allow a person to import or provisions of CITES, or to possess any affecting the population of the species export either: (1) A specimen that was specimens traded contrary to the in the wild or would negatively affect held in captivity prior to the date this provisions of CITES, the Act, or part 23. any efforts aimed at the recovery of wild species is listed under the Act; or (2) a Protections for CITES-listed species are populations of the species. Although captive-bred specimen, without a permit provided independently of whether a illegal trapping for the pet trade issued under the Act, provided the species is an endangered species or a occurred at high levels during the export is authorized under CITES and threatened species under the Act. 1980s, it has decreased significantly and the import is authorized under CITES Based on trade data obtained from the we found no information suggesting that and the WBCA. A person may deliver, CITES Trade Database (accessed on illegal trapping and trade of wild receive, carry, transport, or ship a January 12, 2018), from the time the hyacinth macaws are current threats to hyacinth macaw in interstate commerce hyacinth macaw was uplisted to CITES the species. Therefore, we find that our in the course of a commercial activity, Appendix I in October 1987 through 4(d) rule contains all the prohibitions or sell or offer to sell in interstate 2015, less than 3 percent of the live and authorizations necessary and commerce a hyacinth macaw without a hyacinth macaws reported in trade were advisable for the conservation of the permit under the Act. However, the wild-sourced (see Factor B discussion hyacinth macaw. import and export of birds into and from and Table 4, below). Comment (13): One commenter stated the United States, taken from the wild Two other laws in the United States that interstate and international after the date this species is listed under apart from the Act provide protection transport of hyacinth macaws seems to the Act; conducting an activity that from the illegal import of wild-caught be a generally accepted practice of the could take or incidentally take hyacinth birds into the United States: The WBCA exotic pet trade, and one that is macaws; and foreign commerce will and the Lacey Act (18 U.S.C. 42–43; 16 expressly endorsed by the 4(d) rule, yet need to meet the requirements of 50 U.S.C. 3371–3378). The WBCA ensures it is extremely dangerous and often CFR 17.31 and 17.32, including that exotic bird species are not harmed detrimental to the animal’s health and obtaining a permit under the Act. See by international trade and encourages well-being. 4(d) Rule, below, for more discussion.

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Comment (15): One commenter endangered in 2012, or issue a notice of (c)(2) introductory text, (c)(2)(ii) believed that we should have listed the withdrawal. They asserted the Service introductory text, and (c)(2)(ii)(E). The species as endangered because they should have to go through the same amendatory instruction and regulatory believed that it is in danger of extinction requirements and procedures as for a text were formatted in accordance with in a significant portion of its range. downlisting by making a full scientific Office of the Federal Register standards Our Response: Under the Act and our finding of why listing the hyacinth and only include those provisions of the implementing regulations, a species macaw as endangered is no longer existing text that are being revised. The may warrant listing if it is an warranted before it can repropose to list proposed regulatory text for 50 CFR endangered or threatened species. The the species as threatened. 17.41(c), together with the text we were Act defines ‘‘endangered species’’ as Our Response: We are obligated to not proposing to amend in that any species that is in danger of make listing determinations under the paragraph of the CFR, encompasses the extinction throughout all or a significant Act based on the best available scientific whole of the proposed 4(d) rule for the portion of its range (16 U.S.C. 1532(6)), and commercial information. In our hyacinth macaw. As the commenter and ‘‘threatened species’’ as any species 2012 proposed rule (77 FR 39965; July notes, we explain the proposed 4(d) rule that is likely to become an endangered 6, 2012), we found that the hyacinth for the hyacinth macaw in the preamble species within the foreseeable future macaw was in danger of extinction (an of the revised proposed rule (81 FR throughout all or a significant portion of endangered species) based on 85488, November 28, 2016, see pp. its range (16 U.S.C. 1532(20)). Because information estimating the original 85505–85506). We accepted public we have determined that the hyacinth vegetation of the Amazon, Cerrado, and comments on the revised proposed rule macaw is threatened throughout all of Pantanal, including the hyacinth to list the hyacinth macaw as a its range, under the Final Policy on macaw’s habitat, would be lost between threatened species, including the Interpretation of the Phrase ‘‘Significant the years 2030 and 2050 due to proposed 4(d) rule (81 FR 85488; Portion of Its Range’’ in the Endangered deforestation, combined with the November 28, 2016), for 60 days, ending Species Act’s Definitions of species’ naturally low reproductive rate, January 27, 2017. We have complied ‘‘Endangered Species’’ and ‘‘Threatened highly specialized nature, hunting, with the notice-and-comment Species’’ (79 FR 37578; July 1, 2014) competition, and effects of climate requirements of the Administrative (SPR Policy), if a species warrants change. However, subsequent to Procedure Act (5 U.S.C. chapter 5) and listing throughout all of its range, no publishing that proposal, we received the Act. portion of the species’ range can be a new information from the public and Comment (18): One commenter stated ‘‘significant’’ portion of its range. peer review. As a result of this that neither CITES nor the WBCA While it is the Service’s position information, we reevaluated impacts to provide for public notice and comment, under the SPR Policy that no further the species, made technical corrections, which is required for permits for analysis of ‘‘significant portion of its and assessed additional information endangered species under the Act. They range’’ in this circumstance is consistent regarding conservation efforts. indicated the public would receive no with the language of the Act, we Subsequently, we revised our notice about import/export or interstate recognize that the SPR Policy is determination in consideration of the movement of these parrots, which currently under judicial review, so we new information and public comments makes it difficult to track and protect also took the additional step of we received to conclude that the these species from the pet trade. considering whether there could be any hyacinth macaw’s risk of extinction is significant portions of the species’ range not as imminent as previously Our Response: It is true that neither where the species is in danger of predicted, and we published a revised CITES nor the WBCA provide for public extinction. We evaluated whether there proposed rule that opened a new notice and comment for interstate is substantial information indicating comment period to allow the public the movement of species. It is also true that that there are any portions of the opportunity to submit additional there is required notice and comment hyacinth macaw’s range: (1) That may comments in light of this new for permits for endangered species be ‘‘significant,’’ and (2) where the information (81 FR 85488; November under the Act. However, there is no species may be in danger of extinction. 28, 2016). notice-and-comment requirement for In practice, a key part of identifying Comment (17): One commenter stated permits for threatened species. We portions appropriate for further analysis that, while the proposed 4(d) rule is an found the hyacinth macaw to be a is whether the threats are geographically amendment of an existing 4(d) rule for threatened species; therefore, the notice- concentrated. The hyacinth macaw’s several other species of parrots at 50 and-comment provision for permits primary driver of its status is habitat CFR 17.41(c), it leaves out two under the Act does not apply in this destruction. This threat is affecting the provisions of that existing rule: (1) The case. Additionally, we found it was not species throughout its entire range and exception for import and export of necessary or advisable for the is of similar magnitude throughout its captive-bred specimens, and (2) conservation of the hyacinth macaw to range; therefore, there is not a interstate commerce. They assert that extend the permit requirements to meaningful geographical concentration because the Service includes these certain import/export and interstate of threats to the hyacinth macaw. As a provisions in the preamble of the transport because we did not find the result, even if we were to undertake a proposed 4(d) rule but does not include pet trade to be a threat to the species. detailed SPR analysis, there would not the actual text in the draft rule, the Further, interstate commerce within the be any portions of the species’ range Service did not provide sufficient notice United States was not found to threaten where the threats are harming the and opportunity for public comment. the hyacinth macaw, and the best species to a greater degree such that the Our Response: In the revised available data indicate that legal and species is in danger of extinction in that proposed rule, under Proposed illegal trade of hyacinth macaws is not portion. Regulation Promulgation (81 FR 85488, currently occurring at levels that are Comment (16): One commenter stated November 28, 2016, see pp. 81 FR affecting the population of the species that the Service was obligated to issue 85506–85507), we proposed to amend in the wild or would negatively affect a final regulation based on the proposal 50 CFR 17.41 by revising paragraph (c) any efforts aimed at the recovery of wild to list the hyacinth macaw as introductory text, paragraphs (c)(1), populations of the species.

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Comment (19): One commenter stated would negatively affect any efforts 1998, pp. 416–417; Guedes and Harper that the Service provides no logical aimed at the recovery of wild 1995, p. 395; Munn et al. 1989, p. 405; basis for the proposed 4(d) rule’s populations of the species. Forshaw 1989, p. 388). assumption that ‘‘generally accepted The hyacinth macaw experiences late Background animal husbandry practices’’ or maturity, not reaching first reproduction breeding procedures do not result in Section 4 of the Act (16 U.S.C. 1533) until 8 or 9 years old (Guedes 2009, p. harm and harassment as covered under and the implementing regulations in 117). Hyacinth macaws are the Act’s prohibition on take. part 424 of title 50 of the Code of monogamous and faithful to nesting Our Response: While the Act does not Federal Regulations (50 CFR part 424) sites; a couple may reproduce for more define ‘‘harm’’ or ‘‘harassment,’’ the set forth procedures for adding species than a decade in the same nest. They Service’s regulations at 50 CFR 17.3 to, removing species from, or nest from July to January in tree cavities provide definitions for those terms. reclassifying species on the Federal and, in some parts of its range, cliff ‘‘Harm’’ is defined as an act which Lists of Endangered and Threatened cavities (Tortato and Bonanomi 2012, p. actually kills or injures wildlife and Wildlife and Plants. The Act defines 22; Guedes 2009, pp. 4, 5, 12; Pizo et al. ‘‘harassment,’’ when applied to captive ‘‘endangered species’’ as any species 2008, p. 792; Pinho and Nogueira 2003, wildlife, does not include generally that is in danger of extinction p. 35; Abramson et al. 1995, p. 2). The accepted animal husbandry practices or throughout all or a significant portion of hyacinth macaw lays two smooth, white breeding procedures as defined by the its range (16 U.S.C. 1532(6)), and eggs approximately 48 mm (1.9 inches Service’s regulations at 50 CFR 17.3. ‘‘threatened species’’ as any species that (in)) long and 36 mm (1.4 in) wide. Eggs Consequently, such actions would not is likely to become an endangered are usually found in the nest from be prohibited or require a permit under species within the foreseeable future August until December (Guedes 2009, p. the Act. throughout all or a significant portion of 4; Juniper and Parr 1998, p. 417; Guedes Comment (20): One commenter stated its range (16 U.S.C. 1532(20)). and Harper 1995, p. 406). The female that wildlife-trade management We summarize below the information alone incubates the eggs for authorities have shown that fraudulent on which we based our final approximately 28 to 30 days. The male permitting has been a frequent determination and evaluation of the five remains near the nest to protect it from occurrence in many illicitly traded factors provided in section 4(a)(1) of the invaders, but may leave 4 to 6 times a species across the globe (United Nations Act. We are also including hyacinth day to forage and collect food for the Office on Drugs and Crime 2016) and macaws under a rule authorized under female (Schneider et al. 2006, pp. 72, this impacts the hyacinth macaw. section 4(d) of the Act. This 4(d) rule 79; Guedes and Harper 1995, p. 406). Our Response: Although we recognize contains the prohibitions and Chicks are mostly naked, with sparse that fraudulent permitting may occur as authorizations necessary and advisable white down feathers at hatching. Young part of the global wildlife trade, we have for the conservation of the hyacinth are fed regurgitated, chopped palm nuts no information indicating that macaw. (Munn et al. 1989, p. 405). Most chicks fraudulent permitting practices are fledge at 105 to 110 days old; however, impacting the hyacinth macaw. Species Information separation from the parents is a slow Furthermore, the commenter did not and Species Description process. Fledglings will continue to be provide any information regarding fed by the parents for 6 months, when fraudulent permitting specific to The hyacinth macaw is one of three they begin to break hard palm nuts hyacinth macaws. species of the Anodorhynchus themselves, and may remain with the Comment (21): One commenter and the largest bird of the parrot family, adults for 16 months, after which they suggested an alternative 4(d) rule for the Family , (Guedes and Harper will join groups of other young birds hyacinth macaw, which they say would 1995, p. 395; Munn et al. 1989, p. 405). (Schneider et al. 2006, pp. 71–72; better further the conservation of the It measures approximately 1 meter (m) Guedes and Harper 1995, pp. 407–411). species. The commenter suggested that (3.3 feet (ft)) in length. Average female Hyacinth macaws naturally have a any trade in captive-bred specimens and male wing lengths measure low reproductive rate, a characteristic must be limited to specimens approximately 400 to 408 millimeters common to all parrots, due, in part, to legitimately designated as source code D (mm) (1.3 ft), respectively. Average tail asynchronous hatching. Although instead of codes C, D, or F under CITES, lengths for females and males are hyacinth macaws lay two eggs, usually and that commercial interstate approximately 492 mm (1.6 ft) and 509 only one chick survives (Guedes 2009, commerce should not be exempted. mm (1.7 ft), respectively (Forshaw 1989, p. 31; Faria et al. 2008, p. 766; Kuniy (Note: Source codes indicate the source p. 388). Hyacinth macaws are et al. 2006, p. 381; Guedes, 2004b, p. 6; of the specimen used on CITES permits characterized by a predominately Munn et al. 1989, p. 409). Not all and certificates. See 4(d) Rule, below, cobalt-blue plumage, black underside of hyacinth nests fledge young, and due to for more discussion.) wing and tail, and unlike other macaws, the long period of chick dependence, Our Response: We considered the have feathered faces and lores (areas of hyacinth macaws breed only every 2 commenter’s alternative approach to the a bird’s face from the base of the bill to years (Faria et al. 2008, p. 766; 4(d) rule, and ultimately we determined the front of the eyes). In addition, they Schneider et al. 2006, pp. 71–72; that the import and export requirements have bare yellow eye rings, bare yellow Guedes 2004b, p. 7; Pinho and Nigueira of 50 CFR 17.41(c) provide the patches surrounding the base of their 2003, p. 30; Guedes and Harper 1995, necessary and advisable conservation lower mandibles, large and hooked gray- pp. 407–411; Munn et al. 1989, p. 409). measures needed for this species. black bills, and dark-brown irises. Their In a study of the Pantanal, which Interstate commerce within the United legs, which are dark gray in most birds contains the largest population of States was not found to threaten the but lighter gray to white in older adults, hyacinth macaws, it was suggested that hyacinth macaw, and the best available are short and sturdy to allow the bird to only 15–30 percent of adults attempt to data indicate that legal and illegal trade hang sideways or upside down while breed; it may be that the same or an of hyacinth macaws is not currently foraging. Immature birds are similar to even smaller percentage in Para´ and occurring at levels that are affecting the adults, but with shorter tails and paler Gerais attempt to breed (Munn et al. population of the species in the wild or yellow bare facial skin (Juniper and Parr 1989, p. 409).

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Range and Population wild have increased in Paraguay, kernel with the right lignin pattern At one time, hyacinth macaws were especially in the northern region (Brightsmith 1999, p. 2; Pittman 1993, widely distributed, occupying large (Espinola 2013, pers. comm.), but no unpaginated). They forage for palm nuts areas of Central Brazil into the Bolivian quantitative data are available. Locals and water on the ground, but may also and Paraguayan Pantanal (Guedes 2009, report the species increasing in Bolivia; forage directly from the palm tree and pp. xiii, 11; Pinho and Nogueira 2003, between 100 and 200 hyacinth macaws drink fluid from unripe palm . p. 30; Whittingham et al. 1998, p. 66; are estimated to occur in the Bolivian Hyacinth macaws also feed on the large Guedes and Harper 1995, p. 395). Pantanal, with estimates up to 300 for quantities of nuts eliminated by cattle in Today, the species is limited to three the country (Guedes 2012, p. 1; Pinto- the fields and have been observed in areas totaling approximately 537,000 Ledezma 2011, p. 19; BLI 2017, close proximity to cattle ranches where square kilometers (km2), (207,337 unpaginated; BLI 1992, p. 4). waste piles are concentrated (Juniper The 2003 estimate indicates a square miles (mi2)) almost exclusively and Parr 1998, p. 417; Yamashita 1997, substantial increase in the Pantanal within Brazil: (1) Eastern Amazonia in pp. 177, 179; Guedes and Harper 1995, population, although the methods or Para´, Brazil, south of the pp. 400–401; Collar et al. 1992, p. 254). techniques used to estimate the In each of the three regions where along the , Xingu, and Tapajo´s population is not described. Therefore, hyacinth macaws occur, they use only a rivers; (2) the Gerais region of the reliability of the estimation few specific palm species. In Para´, northeastern Brazil, including the states techniques, as well as the accuracy of hyacinth macaws have been reported to of Maranha˜o, Piauı´, Goia´s, Tocantins, the estimated increase, is not known feed on Maximiliana regia (inaja´), , and ; and (3) the (Santos, Jr. 2013, pers. comm.). Despite Orbignya martiana (babassu), Orbignya Pantanal of and Mato the uncertainty in the estimated phalerata (babacu´ ) and Astrocaryum sp. Grosso do Sul, Brazil, and marginally in population increase, the Pantanal is the (tucuma´n). In the Gerais region, Bolivia and Paraguay. These stronghold for the species and has hyacinth macaws feed on Attalea populations of hyacinth macaws inhabit shown signs of recovery since 1990, funifera (piacava), Syagrus coronata those portions of the species’ original most likely as a response to (catole´), and Mauritia vinifera (buriti). range that experienced the least conservation projects (BLI 2017, In the Pantanal region, hyacinth macaws pressure from bird catchers, meat and unpaginated; Antas et al. 2006, p. 128; feed exclusively on Scheelea phalerata feather hunters, and agricultural Pinho and Nogueira 2003, p. 30). The (acuri) and Acrocomia totai (bocaiu´ va) developers (Munn et al. 1989, pp. 406– overall population trend for the (Antas et al. 2006, p. 128; Schneider et 407). hyacinth macaw throughout its range is al. 2006, p. 74; Juniper and Parr 1998, Prior to the arrival of Indians and reported as decreasing (BLI 2016, p. 417; Guedes and Harper 1995, p. 401; Europeans to , there may unpaginated), although there are no Collar et al. 1992, p. 254; Munn et al. have been between 100,000 and 3 extreme fluctuations reported in the 1989, pp. 407–408). Although hyacinth million hyacinth macaws (Munn et al. number of individuals (BLI 2016, macaws prefer bocaiu´ va palm nuts over 1989, p. 412); however, due to the unpaginated). acuri, bocaiu´ va is only readily available species’ large but patchy range, an from September to December, which Essential Needs of the Species estimate of the original population size coincides with the peak of chick when the species was first described Hyacinth macaws use a variety of hatching; however, the acuri is available (1790) is unattainable (Collar et al. 1992, in the Para´, Gerais, and throughout the year and constitutes the p. 253). Although some evidence Pantanal regions. Each region features a majority of this species’ diet in the indicates that the hyacinth macaw was dry season that prevents the growth of Pantanal (Guedes and Harper 1995, p. abundant before the mid-1980s (Guedes extensive closed-canopy tropical forests 400). 2009, p. 11; Collar et al. 1992, p. 253), and maintains the more open habitat Hyacinth macaws have specialized the species significantly declined preferred by this species. In Para´, the nesting requirements. As a secondary throughout the 1980s due to an species prefers palm-rich va´rzea tree nester, they require large, mature estimated 10,000 birds illegally (flooded forests), seasonally moist trees with preexisting tree holes to captured during the 1980s for the pet forests with clearings, and savannas. In provide nesting cavities large enough to trade and a further reduction in the Gerais region, hyacinth macaws are accommodate them (Tortato and numbers due to habitat loss and located within the Cerrado biome, Bonanomi 2012, p. 22; Guedes 2009, pp. hunting. Population estimates prior to where they inhabit dry open forests in 4–5, 12; Pizo et al. 2008, p. 792; 1986 are lacking, but a very rapid rocky, steep-sided valleys and plateaus, Abramson et al. 1995, p. 2). In Para´, the population decline is suspected to have gallery forests (a stretch of forest along species nests in holes of Bertholettia taken place over the last 31 years (three a river in an area of otherwise open excelsa (). In the Gerais region, generations) (Birdlife International (BLI) country), and Mauritia palm . In nesting may occur in large dead 2014a, unpaginated). In 1986, the total the Pantanal region, hyacinth macaws Mauritia vinifera (buriti), but is most population of hyacinth macaws was frequent gallery forests and palm groves commonly found in natural rock estimated to be 3,000, with a range with wet grassy areas (Juniper and Parr crevices. In the Pantanal region, the between 2,500 and 5,000 individuals; 1998, p. 417; Guedes and Harper 1995, species nests almost exclusively in 750 occurred in Para´, 1,000 in Gerais, p. 395; Munn et al. 1989, p. 407). Sterculia striata (manduvi) as it is one and 1,500 in Pantanal (Guedes 2004b, p. Hyacinth macaws have a specialized of the few tree species that grows large 2; Collar et al. 1992, p. 253; Munn et al. diet consisting of the fruits of various enough to supply cavities that can 1989, p. 413). In 2003, the population palm species, which are inside an accommodate the hyacinth’s large size. was estimated at 6,500 individuals; extremely hard nut that only the Manduvi trees must be at least 60 years 5,000 of which were located in the hyacinth macaw can easily break old, and on average 80 years old, to Pantanal region, and 1,000–1,500 in (Guedes and Harper 1995, p. 400; Collar provide adequate cavities (Guedes 2009, Para´ and Gerais, combined (BLI 2017, et al. 1992, p. 254). Hyacinth macaws pp. 59–60; Pizo et al. 2008, p. 792; unpaginated; Guedes 2009, p. 11; are highly selective in choice of palm Santos Jr. et al. 2006, p. 185). Nesting Brouwer 2004, unpaginated). nut; they have to be the right size and has also been reported in Observations of hyacinth macaws in the shape, as well as have an extractable Pithecellobium edwalii (angio branco),

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Enterolobium contortisiliquum purposes; (C) disease or predation; (D) al. 2010, pp. 1–2). Much of the recent (ximbuva), Vitex sp. (taruma´), and the the inadequacy of existing regulatory surge in cropland area expansion is cliff face of mountains on the border of mechanisms; or (E) other natural or taking place in the Brazilian Amazon the Pantanal (van der Meer 2013, p. 24; manmade factors affecting its continued and Cerrado regions (Nepstad et al. Guedes 2004b, p. 6; Kuniy et al. 2006, existence. 2008, p. 1738). Brazil has also become p. 381; Santos Jr. et al. 2006, p. 180; Most of the information on the the world’s largest exporter of beef. Over Pinho and Nogueira 2003, pp. 30, 33; hyacinth macaw is from the Pantanal the past decade, more than 10 million Guedes 2002, p. 4; Juniper and Parr region, as this is the largest and most hectares (ha) (24.7 million acres (ac)) 1998, p. 417; Guedes and Harper 1995, studied population. The species occurs were cleared for cattle ranching, and the p. 402; Collar et al. 1992, p. 255; Munn only marginally within Bolivia and government is aiming to double the et al. 1989, p. 408). Paraguay as extensions from the country’s share of the beef export Brazilian Pantanal population, and there market to 60 percent by 2018 (Butler is little information on the species in 2009, unpaginated). In 1989, the hyacinth was listed on those countries. We found little Para´ : Para´ is one of the Brazilian the Official List of Brazilian Fauna information on the status of the Para´ states that constitute the Amazon biome Threatened with Extinction by the and Gerais populations; therefore, we (Greenpeace 2009, p. 2). This biome Brazilian Institute of Environment and evaluated impacts to these populations contains more than just the well-known Natural Resources (IBAMA), the by a broader region (e.g., the Amazon tropical rainforests; it also encompasses government agency that controls the biome for Para´ and the Cerrado biome other ecosystems, including floodplain country’s natural resources (Lunardi et for Gerais). forests and savannas. Between 1995 and al. 2003, p. 283; IBAMA Ordinance No. Parrots in general have traits that 2009, conversion of floodplain forests in 1522, of December 19, 1989). Due to increase their vulnerability of extinction the Amazon region to cattle ranching actions to combat trafficking of animals, (Lee 2010, p. 3; Thiollay 2005, p. 1121; expanded significantly and was the the hyacinth macaw was removed from Guedes 2004a, p. 280; Wright et al. greatest cause of deforestation (da Silva the list in 2014 (Instituto Chico Mendes 2001, p. 711; Munn et al. 1989, pp. 407– 2009, p. 3; Lucas 2009, p. 1; Collar et al. de Conservac¸a˜o da Bioversidade 2016, 409). The specialized nature and 1992, p. 257). unpaginated). It is listed as ‘‘critically reproductive biology of the hyacinth Cattle ranching has been present in endangered’’ by the State of Minas macaw contribute to low recruitment of the va´rzea (floodplain forests) of the Gerais and ‘‘vulnerable’’ by the State of juveniles and decrease the ability to Amazon for centuries (Arima and Uhl, Para´ (Garcia and Marini 2006, p. 153). recover from reductions in population 1997, p. 433). However, since the late In Paraguay, the hyacinth macaw is size caused by anthropogenic 1970s, state subsidies and massive listed as in danger of extinction (Bauer disturbances (Faria et al. 2008, p. 766; infrastructure development have 2012, pers. comm.). Wright et al. 2001, p. 711). This species’ facilitated large-scale forest conversion From 2000 to 2013, this species was vulnerability to extinction is further and colonization for cattle ranching classified as ‘‘endangered’’ by the impacted by deforestation that (Barona et al. 2010, p. 1). Certain factors International Union for Conservation of negatively affects the availability of have led to a significant expansion of Nature (IUCN). However, in 2014, the essential food and nesting resources; this land use. The climate of the hyacinth macaw was downlisted to hunting that removes individuals from Brazilian Amazon is favorable for cattle ‘‘vulnerable’’ because evidence already small populations; and other ranching; frosts do not occur in the suggested that it had not declined as factors that further reduce naturally low north of Brazil; and rainfall is more rapidly as previously thought. A reproductive rates, recruitment, and the evenly distributed throughout the year, ‘‘vulnerable’’ taxon is considered to be population. Additionally, the hyacinth increasing pasture productivity and facing a high risk of extinction in the macaw has highly specialized food and reducing the risk of fire. Additionally, wild, whereas an ‘‘endangered’’ taxon is ´ nest-site requirements (Faria et al. 2008, the price of land in Para has been lower considered to be facing a very high risk p. 766; Pizo et al. 2008, p. 795; Munn than in central and south Brazil, of extinction in the wild (IUCN 2012, resulting in ranchers establishing larger et al. 1998, p. 409; Johnson et al. 1997, unpaginated). The hyacinth macaw is farms in Para´ (Arima and Uhl, 1997, p. p. 186; Guedes and Harper 1995, p. also listed as Appendix I on the CITES 446). 400), as they feed on and nest in very list. Species included in CITES Although the immediate cause of limited number of tree species. Appendix I are considered threatened deforestation in the Amazon was Therefore, hyacinth macaws are with extinction, and international trade predominantly the expansion of pasture particularly vulnerable to extinction due is permitted only under exceptional between 2000 and 2006 (Barona et al. to the loss of food sources and nesting circumstances, which generally 2010, p. 8), the underlying cause may be sites (Faria et al. 2008, p. 766; Pizo precludes commercial trade. the expansion of soy cultivation in other 2008, p. 795; Munn et al. 1989, pp. 407– areas, leading to a displacement of Factors Affecting the Species 409; Johnson et al. 1997, p. 186). pastures farther north into parts of Para´ Section 4 of the Act (16 U.S.C. 1533), Factor A. The Present or Threatened and causing additional deforestation and its implementing regulations in title Destruction, Modification, or (Barona et al. 2010, pp. 6, 8). 50 of the Code of Federal Regulations at Curtailment of Its Habitat or Range In the Brazilian North region, 50 CFR part 424, set forth the including Para´, cattle occupy 84 percent procedures for adding species to the Deforestation of the total area under agricultural and Federal Lists of Endangered and Natural ecosystems across Latin livestock uses. This area, on average, Threatened Wildlife and Plants. Under America are being transformed due to expanded 9 percent per year over 10 section 4(a)(1) of the Act, we may list a economic development, international years, causing 70–80 percent of species based on (A) The present or market demands, and government deforestation (Nepstad et al. 2008, p. threatened destruction, modification, or policies. In Brazil, demand for soybean 1739). Para´ itself contains two-thirds of curtailment of its habitat or range; (B) oil and soybean meal has increased, the Brazilian Amazonia cattle herd overutilization for commercial, causing land conversion to significantly (Arima and Uhl 1997, p. 343), with a recreational, scientific, or educational increase to meet this demand (Barona et sizable portion of the state classified as

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cattle-producing area (Walker et al. TABLE 1—DEFORESTATION IN PARA´ Approximately 50 to 80 percent of the 2009, p. 69). For 7 months of the year, (2004–2016) (INPE 2016)—Contin- original Cerrado vegetation has been lost cattle are grazed in the va´rzea, but are ued due to conversion to agriculture and moved to the upper terra firma the other pasture, and the area continues to suffer 5 months (Arima and Uhl, 1997, p. 440). Accumulated Annual high rates of habitat loss (Grecchi et al. Intense livestock activity can affect Year deforested deforested 2015, p. 2865; Beuchle et al. 2015, p. seedling recruitment via trampling and area (km2) area (km2) 121; WWF 2015, p. 2; Soares-Filho et al. grazing. Cattle also compact the soil 2014, p. 364; Pearce 2011, unpaginated; 2009 ...... 125,229 4,281 such that regeneration of forest species 2010 ...... 128,999 3,770 WWF–UK 2011b, p. 2; Carvalho et al. is severely reduced (Lucas 2009, pp. 1– 2011 ...... 132,007 3,008 2009, p. 1393; BLI 2008, unpaginated; 2). This type of repeated disturbance 2012 ...... 133,748 1,741 Pinto et al. 2007, p. 14; Klink and can lead to an ecosystem dominated by 2013 ...... 136,094 2,346 Machado 2005, p. 708; Marini and invasive trees, grasses, bamboo, and 2014 ...... 137,981 1,887 Garcia 2005, p. 667; WWF 2001, ferns (Nepstad et al. 2008, p. 1740). 2015 ...... 140,134 2,153 unpaginated; da Silva 1997, p. 446; da Para´ has long been known as the 2016 ...... 143,159 3,025 Silva 1995, p. 298). From 2002 to 2008, epicenter of illegal deforestation (Dias * Accumulation since 1988. the demand for land conversion in the and Ramos 2012, unpaginated) and has Cerrado resulted in an annual one of the highest deforestation rates in Given the role cattle ranching plays in deforestation rate of more than 14,200 the Brazilian Amazon (Butler 2016, national and international markets and km2 (5,483 mi2) (PROBIO program unpaginated). From 1988 to 2016, the the profitability of ranching, significant (Projeto de Conservac¸a˜o e Utilizac¸a˜o state lost 143,159 km2 (55,274 mi2), with expansion of cattle herds in the Sustenta´vel da Diversidade Biolo´gica); annual rates varying between 1,741 and Brazilian Amazon has continued Ministe´rio do Meio Ambiente (MMA) 8,870 km2 (672 and 3,425 mi2) (Brazil’s (Walker et al. 2009, p. 68). The 2015, p. 9; WWF–UK 2011b, p. 2; National Institute for Space Research remaining forested areas of Para´ are at Beuchle et al. 2015, p. 117). At this rate, (INPE) 2016, unpaginated; Butler 2016, risk of being cleared; Para´ is one of the the vegetation of the Cerrado region was unpaginated) (Table 1). Since 2004, states where most of Brazil’s agriculture disappearing faster than the Amazon deforestation rates in Para´ have expansion is taking place (British rainforest (Pearce 2011, unpaginated; generally decreased. However, rates rose Broadcasting Company News 2014, WWF–UK 2011c, p. 19; Pennington et 35 percent in 2013, decreased in 2014, unpaginated). Furthermore, modeled al. 2006, in Beuchle et al. 2015, p. 117; and increased in 2015 and 2016 (INPE future deforestation is concentrated in Klink and Machado 2005, p. 708; Ratter 2016, unpaginated) (Table 1). The eastern Amazonia, which includes Para´, et al. 1997, p. 228). However, the annual impacts to and loss of biodiversity where the density of paved highways deforestation rate from 2008 to 2009 and within the two large regions of the (existing and planned) will continue to 2009 to 2010 in the Cerrado slowed by Brazilian Amazon located in the state of be highest for several decades (Soares- 46 percent and 16 percent respectively Para´ are due to not only deforestation Filho et al. 2006, p. 522). (MMA 2015, p. 9; Critical Ecosystem across the landscape but also within- Gerais: The Gerais region is within the Partnership Fund (CEPF) 2016, p. 145) forest disturbance, such as wildfire and Cerrado biome, a 2-million-km2 (Table 2). In a comparison study, the selective logging, resulting in a loss of (772,204-mi2) area consisting of plateaus loss of natural vegetation decreased to biodiversity beyond what is expected and depressions with vegetation that an estimated 12,949 km2 (4,999 mi2) per based on deforestation alone. Within- varies from dense grasslands with year from 2000 to 2005, and 11,812 km2 forest disturbance can increase even as sparse shrubs and small trees to almost (4,560 mi2) per year from 2005 to 2010 deforestation rates fall (Barlow et al. closed woodland (Pinto et al. 2007, p. (Beuchle et al. 2015, pp. 124–125). 2016, p. 144). 14; da Silva 1997, p. 437; Ratter et al. Since 2008, annual monitoring of 1997, p. 223). In the Cerrado, hyacinth deforestation in the Cerrado has taken TABLE 1—DEFORESTATION IN PARA´ macaws now mostly nest in rock place through a government program (2004–2016) (INPE 2016) crevices, most likely a response to the that monitors each of the Brazilian destruction of nesting trees (Collar et al. biomes. Compared to the deforestation Accumulated Annual 1992, p. 255). These crevices will likely rates of the early 2000s, deforestation Year deforested deforested remain constant and are not a limiting has decreased about 40 percent (CEPF 2 2 area (km ) area (km ) factor. However, deforestation for 2016, p. 145). Although the annual rate 2004 ...... * 98,257 8,870 agriculture, primarily soy crops, and of deforestation is generally decreasing, 2005 ...... 104,156 5,899 cattle ranching threaten the remaining the total amount of forested habitat 2006 ...... 109,815 5,659 native cerrado vegetation, including continues to experience a slow and 2007 ...... 115,341 5,526 palm species the hyacinth macaw relies steady decline (MMA 2015, p. 9) (Table 2008 ...... 120,948 5,607 on as a food source. 2).

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The remaining natural vegetation of expansion and contains approximately Manduvi, the tree that hyacinth the Cerrado is highly fragmented (only 40 million ha (99 million ac) of macaws almost exclusively use for 20 percent of the original biome is environmental surplus, which is land nesting in this region, grow in considered intact) and continues to be that exceeds the conservation cordilleras, which constitute only 6 pressured by conversion for soy requirements of the forest code and that percent of the vegetative area of the plantations and extensive cattle could be legally deforested (see Factor D Pantanal (van der Meer 2013, p. 6; Pizo ranching (WWF–UK 2011b, p. 2; WWF– discussion, below) (Soares-Filho et al. et al. 2008, p. 793; Johnson et al. 1997, UK 2011c, p. 21; Carvalho et al. 2009, 2014, p. 364), this region will likely p. 186). Many of these patches and p. 1393; BLI 2008, unpaginated). About continue to suffer high deforestation corridors are surrounded by seasonally 6 in every 10 ha (15 of 25 ac) of the rates. Projections for coming decades flooded grasslands used as rangeland for Cerrado are suitable for mechanized show the largest increase in agricultural cattle during the dry season (Johnson et agriculture (WWF–UK 2011b, p. 2). production occurring in the Cerrado al. 1997, p. 186). During the flooding Maranha˜o, Tocantins, Piauı´, and Bahia, (CEPF 2016, p. 145). season (January to June), up to 80 states where hyacinth macaws occur, Pantanal: The Pantanal is a 140,000- percent of the Pantanal is flooded and are undergoing rapid conversion, mostly 2 2 ranchers move cattle to cordilleras, to soy crops (CEPF 2016, p. 151). In two km (54,054-mi ) seasonally flooded wetland interspersed with higher areas increasing cattle pressure on upland of these states, deforestation increased forests (van der Meer 2013, p. 3; Guedes by 40 percent in Toncantins (INPE 2016, not subject to inundation (cordilleras), covered with cerrado or seasonal forests 2002, p. 3). These upland forests are unpaginated) and by 25 percent in often removed and converted to Maranha˜o (Butler 2016, unpaginated) in (Santos Jr. 2008, p. 133; Santos Jr. et al. 2007, p. 127; Harris et al. 2005, p. 715; cultivated pastures with exotic grasses 2016 compared to the deforestation rate (van der Meer 2013, p. 6; Santos Jr. in 2015. Soy production will continue Mittermeier et al. 1990, p. 103). Transitions during the 1990s to more 2008, p. 136; Santos Jr. et al. 2007, p. to grow as the beans have many uses for 127; Harris et al. 2006, p. 165; Harris et food, feed, and industry in Brazil and intensive cattle ranching methods led to the conversion of more forests to pasture al. 2005, p. 716; Pinho and Nogueira abroad (CEPF 2016, p. 152). 2003, p. 30; Seidl et al. 2001, p. 414; Furthermore, the Brazilian government and the introduction of nonnative Johnson et al. 1997, p. 186). Clearing has proposed a 731,735-km2 (282,524- grasses. Ninety-five percent of the land to establish pasture is perceived as mi2) agricultural development, of which Pantanal is privately owned; 80 percent the economically optimal land use, 91 percent occurs in the Cerrado, with of the privately owned land is used for while land not producing beef is often little regard for the environment, at least cattle ranches, making cattle ranching perceived as unproductive (Seidl et al. as of 2015 (Clark 2015 and Miranda the predominant economic activity in 2001, pp. 414–415). 2015, in CEPF 2016, p. 95). this region and the greatest cause of Additionally, the conversion of land for habitat loss in the Pantanal (van der Since 2002, regular monitoring of biofuel production is likely imminent, Meer 2013, p. 5; Guedes and Vicente land use and vegetative cover in the creating a market for the expansion and 2012, pp. 146–147, 148; Guedes 2009, p. Upper Paraguay Basin, which includes establishment of new areas for soy, 12; Pizo et al. 2008, p. 793; Harris et al. the Pantanal, has taken place. While the castor beans, other oil-bearing plants, 2006, pp. 165, 175–176; Harris et al. annual rate of deforestation is and sugar cane (Carvalho et al. 2009, p. 2005, pp. 715–716, 718; Pinho and decreasing, satellite monitoring of the 1400). Nogueira 2003, p. 30; Seidl et al. 2001, area indicates a slow and steady Given that the Cerrado is the most p. 414; Guedes and Harper 1995, p. 396; increase in deforested area (Table 3, desirable biome for agribusiness Mittermeier 1990, pp. 103, 107–108). below).

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When clearing land for pastures, palm seedlings in the Pantanal. Cattle forage nutrition can contribute to poor health trees are often left, as the cattle will feed on and trample manduvi seedlings, and reduced reproduction in parrots on the palm nuts (Pinho and Nogueira affecting the recruitment of this species generally (McDonald 2003, in Lee 2010, 2003, p. 36). In fact, hyacinth macaws to be able to reach a size large enough p. 6). Changes in palm availability occur near cattle ranches and feed off to accommodate hyacinth macaws (Pizo decreases reproduction in hyacinth the palm nuts eliminated by the cattle et al. 2008, p. 793; Johnson et al. 1997, macaws (Guedes 2009, pp. 42–43, 44). (Juniper and Parr 1998, p. 417; p. 187; Mittermeier et al. 1990, p. 107). In Para´ and the Gerais region, where Yamashita 1997, pp. 177, 179; Guedes Only those manduvi trees at least 60 food sources are threatened, persistence and Harper 1995, pp. 400–401; Collar et years old are capable of providing these of the species is a concern given that al. 1992, p. 254). However, other trees, cavities (Pizo et al. 2008, p. 792; Santos one of the major factors thought to have including potential nesting trees, are Jr. et al. 2006, p. 185). The minimum contributed to the critically endangered often removed (Snyder et al. 2000, p. diameter at breast height (DBH) for trees status of the Lear’s macaw 119). Even in areas where known to potentially contain a cavity suitable (Anodorhynchus leari) is the loss of its nesting trees were left and the for hyacinth macaws is 50 centimeters specialized food source, Syagrus sp. surrounding area was cleared, (cm) (20 in), while all manduvi trees (licuri palm) stands, to cattle grazing competition with each other and other greater than 100 cm (39 in) DBH contain (Collar et al. 1992, p. 257). macaw species became so fierce that suitable nest cavities. However, there is Hyacinth macaws can tolerate a hyacinth macaws were unable to low recruitment of manduvi trees in certain degree of human disturbance at reproduce; both eggs and chicks were classes greater than 5 cm (2 in) DBH, a their breeding sites (Pinho and Noguiera killed by competitors (see Factor C strong reduction in the occurrence of 2003, p. 36). However, the number of discussion, below). trees greater than 50 cm (20 in) DBH, usable cavities increases with the age of Other activities associated with cattle and very few trees greater than 110 cm the trees in the forest (Newton 1994, p. ranching, such as grazing, burning, (43 in) DBH (Santos Jr. et al. 2007, p. 266), and clearing land for agriculture compaction, the introduction of exotic 128). Only 5 percent of the existing and cattle ranching, cattle trampling and grasses, and fragmentation, negatively adult manduvi trees (trees with a DBH foraging, and burning of forest habitat impacts the nesting trees of the hyacinth greater than 50 cm (20 in)) in south- result in the loss of mature trees with macaw (Guedes 2013, pers. comm.; central Pantanal (Guedes 1993, in natural cavities of sufficient size and a Guedes and Vicente 2012, pp. 149–150; Johnson et al. 1997, p. 186) and 11 reduction in recruitment of native Santos Jr. et al. 2007, p. 128; Harris et percent in southern Pantanal (van der species that could eventually provide al. 2006, p. 175; Snyder et al. 2000, p. Meer 2013, p. 16) contain suitable nesting cavities. 119). For example, fire is a common cavities for hyacinth macaws. Thus, A shortage of nest sites can jeopardize method for renewing pastures, potential nesting sites are rare and will the persistence of the hyacinth macaw controlling weeds, and controlling pests become increasingly rare in the future by constraining breeding density, (e.g., ticks); however, fires frequently (Santos Jr. et al. 2007, p. 128). resulting in lower recruitment and a become uncontrolled and burn patches Impacts of Deforestation: Because the gradual reduction in population size and corridors of manduvi trees during hyacinth macaw has highly specialized (Santos Jr. et al. 2007, p. 128; Johnson the dry season (Harris et al. 2005, p. diet and nesting requirements, it is et al. 1997, p. 188; Guedes and Harper 716; Johnson et al. 1997, p. 186). particularly vulnerable to the loss of 1995, p. 405; Newton 1994, p. 265). This Although fire can promote cavity these resources (Faria et al. 2008, p. 766; reduction may lead to long-term effects formation in manduvi trees, frequent Pizo 2008, p. 795; Munn et al. 1989, pp. on the viability of the hyacinth macaw fires prevent trees from surviving to a 407–409; Johnson et al. 1997, p. 186). population, especially in Para´ and the size capable of providing suitable The loss of tree species used by Pantanal where persistence of nesting cavities, and cause a high rate of hyacinth macaws negatively impacts the trees is compromised (Santos Jr. et al. nesting-tree loss (Guedes 1993 in species by reducing availability of food 2007, p. 128; Santos Jr. et al. 2006, p. Johnson et al. 1997, p. 187). Five resources, creating a shortage of suitable 181). Although a species may survive percent of manduvi trees are lost each nesting sites, increasing competition, the initial deforestation, the resulting year to deforestation, fire, and storms and resulting in lowered recruitment lack of food resources and breeding sites (Guedes 1995, in Santos Jr. et al. 2006, and a reduction in population size (Lee may reduce the viability of the pp. 184–185; Guedes and Vicente 2012, 2010, pp. 2, 6, 12; Santos Jr. et al. 2007, population and make the species p. 157). p. 128; Johnson et al. 1997, p. 188). vulnerable to extinction (Sodhi et al. In addition to the impact of fire on Its specialized diet makes the 2009, p. 517). recruitment of manduvi trees, cattle hyacinth macaw vulnerable to changes In response to the loss of its nesting directly impact the density of manduvi in food availability. Inadequate tree in the Gerais region, hyacinth

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macaws now use rock crevices for region is poor, and animal protein is not of laws, hunting will continue to impact nesting. Hyacinth macaws have been as abundant as in other regions; the hyacinth macaw (see Factor D reported in various trees species and therefore, meat of any kind, including discussion, below). even on cliffs on the border of the the large hyacinth macaw, is sought as Pet Trade Pantanal, although the majority of their a protein source (Collar et al. 1992, p. nests are in Brazil nut (in Para´) and 257; Munn et al. 1989, p. 414). In the 1970s and 1980s, substantial manduvi (in the Pantanal) (see Essential Additionally, increased commercial sale trade in hyacinth macaws was reported, Needs of the Species, above). We do not of feather art by Indians of but actual trade was likely significantly know if the hyacinth macaws in the Gorotire may be of concern given that 10 greater given the amount of smuggling, Pantanal will respond in the same way hyacinth macaws are required to make routing of birds through countries not to the loss of nesting trees as those in a single headdress (Collar et al. 1992, p. parties to CITES, and internal the Gerais region; however, it is possible 257). consumption in South America (Collar that if these primary nesting trees Because the hyacinth macaw et al. 1992, p. 256; Munn et al. 1989, pp. become scarcer, hyacinth macaws may populations in Para´ and the Gerais 412–413). Trade in parrots in the 1980s adapt to using cliff faces or cavities of region are estimated at only 1,000–1,500 was particularly high due to a huge other trees (van der Meer 2013, p. 3). individuals combined, the removal of demand from developed countries, Deforestation in these regions would any individuals from these small including the United States, which was likely impact any alternative nesting populations has a negative effect on the main consumer of parrot species at trees and food sources, resulting in the reproduction and the ability of the that time (Rosales et al. 2007, pp. 85, 94; same negative effect on the hyacinth species to recover. Any continued Best et al. 1995, p. 234). In the late macaw. Furthermore, competition for hunting for either meat or for the sale of 1980s and early 1990s, reports of limited nesting sites and food would feather art is likely to contribute to the hyacinth macaw trapping included one continue. decline of the hyacinth macaw in these trapper who worked an area for 3 years Factor B. Overutilization for regions, particularly when habitat removing 200–300 wild hyacinth Commercial, Recreational, Scientific, or conversion is also taking place. macaws a month during certain seasons Educational Purposes Hunting, capture, and trade of animal and another trapper who caught 1,000 species are prohibited without hyacinth macaws in 1 year and knew of Hunting authorization throughout the range of other teams operating at similar levels In Para´ and the Gerais region, hunting the hyacinth macaw (Clayton 2011, p. 4; (Silva (1989a) and Smith (1991c) in removes individual hyacinth macaws Snyder et al. 2000, p. 119; Collar et al. 1992, p. 256). More than vital to the already small populations Environmental Crimes Law (Law No. 10,000 hyacinth macaws are estimated (Brouwer 2004, unpaginated; Collar et 9605/98); Stattersfield and Capper 1992, to have been taken from the wild in the al. 1992, p. 257; Munn et al. 1989, p. p. 257; Munn et al. 1989, p. 415; Official 1980s (Smith 1991c, in Collar et al. 414). Hyacinth macaws in Para´ are List of Brazilian Endangered Animal 1992, p. 256; Munn et al. 1987, in hunted for subsistence and the feather Species (Order No. 1.522/1989) (IBAMA Guedes 2009, p. 12). In the years trade by some Indian groups (Brouwer 1989); Brazilian Constitution (title VIII, following the enactment of the WBCA, 2004, unpaginated; Munn et al. 1989, p. chapter VI, 1988); Brazilian Law No. studies found lower poaching levels 414). Because the hyacinth macaw is the 5197/1967; UNEP, n.d., unpaginated). than in prior years, suggesting that largest species of macaw, it may be However, continued hunting in some import bans in developed countries targeted by subsistence hunters, parts of its range is evidence that reduced poaching levels in exporting especially by settlers along roadways existing laws are not being adequately countries (Wright et al. 2001, pp. 715, (Collar et al. 1992, p. 257). The Gerais enforced. Without greater enforcement 718).

TABLE 4—CITES TRADE DATABASE: APPROXIMATE NUMBER OF IMPORTS/EXPORTS OF HYACINTH MACAW WITH IDENTIFIED SOURCES AND PURPOSES OF TRADE

Approximate Approximate number of birds number of birds Source Importer Exporter Purpose Importer Exporter reported reported reported reported quantity quantity quantity quantity

Live Total ...... 1,488 1,435 Breeding in Captivity or Artificial Propa- 688 827 gation. Live/Captive Source ...... 1,342 1,356 Educational ...... 29 25 Live/Wild Source ...... 37 14 Hunting Trophy ...... 1 0 Live/Pre-Convention ...... 20 22 Law Enforcement, Judicial, Forensic ...... 0 3 Live/Unknown Source ...... 13 7 Medical ...... 1 31 Live/Confiscated ...... 32 3 Reintroduction into Wild ...... 4 0 Live/No Source Identified ...... 44 33 Personal ...... 361 123

Total Specimens ...... 1,661 1,756 Circus or Travelling Exhibition ...... 3 7

Scientific ...... 35 244 Commercial ...... 336 348 Zoo ...... 138 49 Not Reported ...... 65 99

Total Specimens ...... 1,661 1,756

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The data in Table 4 are based on semitorquatus), and spectacled owl Brazilian Constitution (title VIII, chapter CITES trade data obtained from the (Pulsatrix perspicillata). The toco VI, 1988); Brazilian Law No. 5197/1967; CITES Trade Database (accessed on (Ramphastos toco) and great United Nations Environment January 12, 2018), from 1987 through horned owl (Bubo virginianus) are also Programme (UNEP), n.d., unpaginated). 2015. Because there may be a lag time suspected of chick predation, but this The forests of Brazil are specifically in the data reported relative to when the has not yet been confirmed (Guedes subject to several Brazilian laws hyacinth macaw was uplisted to 2009, pp. 6, 79–81; Pizo et al. 2008, p. designed to protect them. Destruction Appendix I in CITES (October 22, 1987), 795). Of 582 eggs monitored over 6 years and damaging of forest reserves, cutting a few entries in the database between in the Nhecolaˆndia region of the trees in forest reserves, and causing fire 1987 and 2015 categorize the hyacinth Pantanal, approximately 24 percent (n = in forests, among other actions, without macaw as Appendix II. There are 138 eggs) were lost to predators (Pizo et authorization are prohibited (Clayton differences in the manner in which the al. 2008, pp. 794, 795). Several species 2011, p. 5; Environmental Crimes Law importing and exporting countries preyed upon hyacinth macaw eggs, (Law No. 9605/98); UNEP, n.d., report their trade, and some data may be including toco , purplish jays unpaginated). contradictory or incorrectly reported. (Cyanocorax cyanomelas), white-eared Protected Areas: The main We found little additional information (Didelphis albiventris), and biodiversity protection strategy in Brazil on illegal trade of this species in (Nasua nasua) (Guedes 2009, pp. is the creation of Protected Areas international markets. One study found 5, 23, 46, 58, 74–75; Pizo et al. 2008, p. (National Protected Areas System) that illegal pet trade in Bolivia 795). The toco toucan was the main (Federal Act 9.985/00) (Santos Jr. 2008, continues to involve CITES-listed predator, responsible for 12.4 percent of p. 134). Various regulatory mechanisms species; the authors speculated that the total eggs lost and 53.5 percent of (Law No. 11.516, Act No. 7.735, Decree similar problems exist in Peru and the eggs lost annually in the No. 78, Order No. 1, and Act No. 6.938) Brazil (Herrera and Hennessey 2007, p. Nhecolaˆndia region (Pizo et al. 2008, in Brazil direct Federal and State 298). In that same study, 11 hyacinth pp. 794, 795). Most predators leave agencies to promote conservation of the macaws were found for sale in a Santa some sort of evidence behind; however, country’s natural resources through Cruz market from 2004 to 2007 (10 in toco toucans swallow hyacinth macaw protection of lands and the 2004, and 1 in 2006) (Herrera and eggs whole, leaving no evidence behind. establishment and management of Hennessey 2009, pp. 233–234). Larger This ability may lead to an protected areas (ECOLEX 2007, pp. 5–7). species, like the hyacinth macaw, were underestimate of nest predation by These mechanisms generally aim to frequently sold for transport outside of toucans (Pizo et al. 2008, p. 793). protect endangered wildlife and plant the country, mostly to Peru, Chile, and Incidence of disease, such as hoof- species, genetic resources, overall Brazil (Herrera and Hennessey 2009, pp. and-mouth disease and brucellosis, and biodiversity, and native ecosystems on 233–234). During a study conducted of ectoparasites, has been observed in Federal, State, and privately owned from 2007 to 2008, no hyacinth macaws hyacinth macaws (Arima and Uhl, 1997, lands (e.g., Law No. 9.985, Law No. were recorded in 20 surveyed Peruvian p. 446; Allgayer et al. 2009, p. 974). Para´ 11.132, Resolution No. 4, and Decree wildlife markets (Gastan˜ aga et al. 2010, ranchers and technicians concurred that No. 1.922). Brazil’s Protected Areas pp. 2, 9–10). We found no other data on there’s a lower incidence of disease were established in 2000, and may be the presence of hyacinth macaws in (e.g., hoof-and-mouth disease, categorized as ‘‘strictly protected’’ or illegal trade. brucellosis) and ectoparasites in Para´ ‘‘sustainable use’’ based on their overall Although illegal trapping for the pet than in central and south Brazil (Arima management objectives. Strictly trade occurred at high levels during the and Uhl, 1997, p. 446). A study of free- protected areas include national parks, 1980s, trade has decreased significantly living nestlings from the Pantanal biological reserves, ecological stations, from those levels. International trade of detected ectoparasites in 3 percent and natural monuments, and wildlife parrots was significantly reduced during scars in 6 percent of birds, suggesting refuges protected for educational and the 1990s as a result of tighter the occurrence of parasitism. The recreational purposes and scientific enforcement of CITES regulations, ectoparasites were identified as research. Protected areas of sustainable stricter measures under European Union use (national forests, environmental sp. (Diptera: ). legislation, and adoption of the WBCA, protection areas, areas of relevant However, the absence of blood and along with adoption of national ecological interest, extractive reserves, intestinal parasites in samples collected legislation in various countries (Snyder fauna reserves, sustainable development for 4 consecutive years indicates that et al. 2000, p. 99) (see Factor D reserves, and private natural heritage there is a low prevalence of parasitism discussion, below). We found no reserves) allow for different types and in hyacinth macaw nestlings (Allgayer information indicating trade is currently levels of human use with conservation et al. 2009, pp. 974, 977). impacting the hyacinth macaw. of biodiversity as a secondary objective. Factor D. Inadequacy of Existing As of 2005, Federal and State Factor C. Disease or Predation Regulatory Mechanisms governments strictly protected 478 areas In the Pantanal, predation and disease totaling 37,019,697 ha (14,981,340 ac) in Brazil are factors affecting reproductive Brazil (Rylands and Brandon 2005, pp. success of the hyacinth macaw (Guedes Hunting, capture, and trade of animal 615–616). Other types of areas 2009, pp. 5, 8, 42; Guedes 2004b, p. 7). species are prohibited without contribute to the Brazilian Protected Predation accounted for 52 percent of authorization (Environmental Crimes Areas System, including indigenous lost eggs during the incubation period in Law (Law No. 9605/98)). In general, reserves and areas managed and owned a 10-year study in the Miranda region of wildlife species and their nests, shelters, by municipal governments, the Pantanal (Guedes 2009, pp. 5, 74). and breeding grounds are subject to nongovernmental organizations, Of the nests that produced chicks, 38 Brazilian laws designed to provide academic institutions, and private percent of chicks were lost due to protection (Clayton 2011, p. 4; Snyder et sectors (Rylands and Brandon 2005, p. predation by species such as al. 2000, p. 119; Environmental Crimes 616). carnivorous ants (Solenopsis sp.), other Law (Law No. 9605/98); Stattersfield The Amazon contains a balance of , collared forest falcon (Micrastur and Capper 1992, p. 257; IBAMA 1989; strictly prohibited protected areas (49

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percent of protected areas) and such as federal forest reserves Federal Police, Army and National sustainable use areas (51 percent) (Schiffman 2015, unpaginated). The Force of Public Security; and a (Rylands and Brandon 2005, p. 616). We designation of the Pantanal as a moratorium of soybean production in found no information on the occurrence Biosphere Reserve is almost entirely illegally deforested areas in the Amazon of the hyacinth macaw in any protected without merit because of a lack of (Department of Policies to Combat areas in Para´. The Cerrado biome is one commitment by public officials (Santos Deforestation 2016, pp. 11–12). Results of the most threatened biomes and is Jr. 2008, p. 134). achieved by the PPCerrado include: underrepresented among Brazilian Awareness of the urgency in Development (in progress) of land-cover protected areas; only 2.25 percent of the protecting the biodiversity of the monitoring systems to guide the original extent of the Cerrado is Cerrado biome is increasing (Klink and preparation of public policies and protected (Marini et al. 2009, p. 1559; Machado 2005, p. 710). The Brazilian support enforcement actions for this Klink and Machado 2005, p. 709; Ministry of the Environment’s National biome; development of a rural Siqueira and Peterson 2003, p. 11). Biodiversity Program and other environmental registry; integrated fire Within the Cerrado, the hyacinth macaw government-financed institutes, such as management in conservation units; is found within the Araguaia National the Brazilian Environmental Institute, development of monitoring systems for Park in Goia´s and the Parnaı´ba River Center for Agriculture Research in the burned areas and deforestation; Headwaters National Park (BLI 2014b; Cerrado, and the National Center for sustainable agriculture—low carbon Ridgely 1981, p. 238). In 2000, the Genetic Resources and Biotechnology, agriculture; environmental inspection, Pantanal was designated as a Biosphere are working together to safeguard the with 20,000 embargoed areas and $75 Reserve by the United Nations existence and viability of the Cerrado. million of fines, including 287 Educational, Scientific and Cultural Additionally, nongovernmental inspection operations in protected areas, Organization (UNESCO) (Santos Jr. organizations such as Fundac¸o Pro´- indigenous lands, highways, and steel 2008, p. 134). Only 4.5 percent of the Natureza, Instituto Sociedade Populac¸a˜o industries; and training of 2,400 families Pantanal is categorized as protected e Natureza, and World Wildlife Fund for forest and community management areas (Harris et al. 2006, pp. 166–167), have provided valuable assessments and (Department of Policies to Combat including strictly protected areas and are pioneering work in establishing Deforestation 2016, pp. 8–9). Moreover, indigenous areas (Klink and Machado extractive reserves (Ratter et al. 1997, the plan has influenced and guides a 2005, p. 709). Within these, the pp. 228–229). Other organizations are series of public policies, programs, and hyacinth macaw occurs only within the working to increase the area of federal projects implemented in the Cerrado, Pantanal National Park (Collar et al Conservation Units, a type of protected including international cooperation 1992; Ridgely 1981, p. 238). The area, that currently represent only 1.5 projects in line with the objectives of distribution of Federal and State percent of the biome (Ratter et al. 1997, the PPCerrado. In 2015, the third phase protected areas are uneven across p. 229). of the PPCDAm (2012–2015) and the The Brazilian government, under its biomes, yet all biomes need second phase of the PPCerrado (2014– Action Plan for the Prevention and substantially more area to be protected 2015) was completed. The next phase of Control of Deforestation and Burning in to meet the recommendations the PPCerrado will guide federal actions the Cerrado—Conservation and established in priority-setting in the period 2016–2020, with the main Development (PPCerrado) (2010), workshops held by Brazil’s Ministry of indicator as the annual deforestation committed to recuperating at least 8 the Environment. These workshops rate in the Cerrado biome (Department million ha (20 million ac) of degraded identified 900 areas for conservation of of Policies to Combat Deforestation pasture by the year 2020, reducing biodiversity and all biomes, including 2016, p. 16). deforestation by 40 percent in relation We do not have information on the the Amazon, Cerrado, and Pantanal to the average recorded between 1999 deforestation rate in the Cerrado biome (Rylands and Brandon 2005, pp. 615– and 2008, decreasing forest fires, in relation to the implementation of the 616). expanding sustainable practices, and PPCerrado. However, Brazil has The Ministry of Environment is monitoring remaining natural obtained significant reduction of the working to increase the amount of vegetation. It also planned to expand the deforestation rate after 12 years of the protected areas in the Pantanal and areas under protection in the Cerrado to PPCDAm and 6 years of PPCerrado, Cerrado regions; however, the Ministry 2.1 million ha (5 million ac) (Ribeiro et with most of the reduction occurring of Agriculture is looking at using an al. 2012, p. 11; WWF–UK 2011b, p. 4). within the . Challenges additional 1 million km2 (386,102 mi2) This plan is based off the success of the persist, along with the need for for agricultural expansion, which will Plan of Action for Prevention and strengthened and innovative actions speed up deforestation (Harris et al. Control of Deforestation in the Legal (Department of Policies to Combat 2006, p. 175). These competing Amazon (PPCDAm), which has reduced Deforestation 2016, p. 7). priorities make it difficult to enact and the deforestation rate by approximately Many challenges limit the enforce regulations that protect the 80 percent in relation to the 2004 rate effectiveness of the protected areas habitat of this species. Additionally, (Department of Policies to Combat system. Brazil is faced with competing after the creation of protected areas, a Deforestation 2016, p. 6). priorities of encouraging development delay in implementation or a lack of Both plans since their inception have for economic growth and resource local management commitment often achieved important results. The protection. In the past, the Brazilian occurs, staff limitations make it difficult PPCDAm started in 2004 and PPCerrado government, through various to monitor actions, and a lack of in 2010. Results achieved for the regulations, policies, incentives, and acceptance by society or a lack of PPCDAm include, but are not limited to: subsidies, has actively encouraged funding make administration and 50 million ha (124 million ac) of settlement of previously undeveloped management of the area difficult (Santos protected areas; sustainable lands, which facilitated the large-scale Jr. 2008, p. 135; Harris et al. 2006, p. agriculture—low carbon agriculture; habitat conversions for agriculture and 175). Furthermore, ambiguity in land improvements of the monitoring cattle-ranching that occurred throughout titles allows illegal occupation and systems; strengthening inspection with the Amazon, Cerrado, and Pantanal clearing of forests in protected areas, integrated actions between IBAMA, biomes (WWF–UK 2011b, p. 2; WWF

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2001, unpaginated; Arima and Uhl, develop a new model for an activity the Cerrado (Soares-Filho et al. 2014, p. 1997, p. 446; Ratter et al. 1997, pp. 227– identified as a major cause of 364; Boadle 2012, unpaginated; 228). The risk of intense wild fires may deforestation (Dias and Ramos 2012, Darlington 2012, unpaginated; Do Valle increase in areas, such as protected unpaginated; Vale 2010, unpaginated). 2012, unpaginated; Greenpeace 2012, areas, where cattle are removed and the Forest Code: Brazil’s Forest Code, unpaginated). resulting accumulation of plant biomass passed in 1965, is a central component Stakeholders in favor of stronger serves as fuel (Santos Jr. 2013, pers. of the nation’s environmental conservation opposed the new law due comm.; Tomas et al. 2011, p. 579). legislation; it dictates the minimum to the complexity of the rule, challenges The states where the hyacinth macaw percentage and type of woodland that in implementation, and a lack of occurs contain 53 protected areas farmers, timber companies, and others adequate protection of Brazil’s forests. (Parks.it, n.d., unpaginated). However, must leave intact on their properties The new Forest Code carries over the species occurs in only three (Barrionuevo 2012, unpaginated; Boadle conservation requirements for Legal National Parks within those protected 2012, unpaginated). Since 2001, the Reserves and Riparian Preservation areas; none of these areas is effectively Forest Code has required landowners to Areas. However, changes in the protected (BLI 2014b, unpaginated; conserve native vegetation on their rural definition of Hilltop Preservation Areas Collar et al. 1992, p. 257; Rogers 2006, properties. This requirement includes reduced their total area by 87 percent. unpaginated; Ridgely 1981, p. 238). The setting aside a Legal Reserve that Additionally, due to more flexible hyacinth macaw continues to be hunted comprises 80 percent of the property if protections and differentiation between in Para´ and the Gerais region, and it is located in the Amazon and 20 conservation and restoration habitat loss due to agricultural percent in other biomes. The Forest requirements, Brazil’s environmental expansion and cattle ranching is Code also designated environmentally debt (areas of Legal Reserve and occurring in all three regions. Therefore, sensitive areas as Areas of Permanent Riparian Preservation Areas deforested it appears that Brazil’s protected areas Preservation (APPs) to conserve water illegally before 2008 that, under the system does not adequately protect the resources and prevent soil erosion; previous Forest Code, would have hyacinth macaw or its habitat, either APPs include Riparian Preservation required restoration at the landowner’s because the species is found outside the Areas to protect riverside forest buffers expense) was reduced by 58 percent protected areas or not adequately and Hilltop Preservation Areas to (Soares-Filho et al. 2014, p. 363). The protected within them. protect hilltops, high elevations, and legal reserve debt was forgiven for Farmland Environmental Registry: steep slopes (Soares-Filho et al. 2014, p. ‘‘small properties,’’ which ranged from The Ministry of Environment and The 363). 20 ha (49 ac) in southern Brazil to 440 Nature Conservancy have worked For years, this law was widely ha (1,087 ac) in the Amazon; this together to implement the Farmland ignored by landowners and not enforced provision has resulted in approximately Environmental Registry to curb illegal by the government, as evidenced by the 90 percent of Brazilian rural properties deforestation in the Amazon, which in high deforestation rates (Leahy 2011, qualifying for amnesty from the turn would reduce impacts to species unpaginated; Pearce 2011, unpaginated; restoration requirement. such as the hyacinth macaw that are Ratter et al. 1997, p. 228). However, as Further reductions in the negatively affected by deforestation. deforestation rates increased in the early environmental debt resulted from: (1) This program was launched in the states 2000s, Brazil began cracking down on Reducing the Legal Reserve restoration of Mato Grosso and Para´; it later became illegal deforesters and used satellite requirement from 80 percent to 50 the model for the Rural Environmental imagery to track deforestation, resulting percent in Amazonian municipalities Registry that monitors all of Brazil for in decreased deforestation rates (Soares- that are predominately occupied by compliance with the Forest Code (see Filho et al. 2014, p. 363; Barrionuevo protected areas; (2) including Riparian discussion below). This plan helped 2012, unpaginated; Boadle 2012, Preservation Areas in the calculation of Paragominas, a municipality in Para´, be unpaginated; Darlington 2012, the Legal Reserve area (total area they the first in Brazil to come off the unpaginated). Efforts to strengthen are required to preserve); and (3) government’s blacklist of top Amazon enforcement of the Forest Code relaxing Riparian Preservation Area deforesters. After 1 year, 92 percent of increased pressure on the farming restoration requirements on small rural properties in Paragominas had sector, which resulted in a properties. These new provisions been entered into the registry, and against the Forest Code and industry’s effectively reduced the total amount of deforestation was cut by 90 percent proposal of a new Forest Code (Soares- land farmers are required to preserve (Dias and Ramos 2012, unpaginated; Filho et al. 2014, p. 363). and municipalities and landowners are Vale 2010, unpaginated). In response to In 2011, reforms to Brazil’s Forest required to restore. Reductions were this success, Para´ launched its Green Code were debated in the Brazilian uneven across states and biomes, with Municipalities Program in 2011. The Senate. The reforms were favored by the the Amazon and Cerrado biomes being purpose of this project is to reduce agricultural industry but were greatly two of the three biomes most affected deforestation in Para´ by 80 percent by opposed by conservationists. At that and vulnerable to deforestation. 2020, and strengthen sustainable rural time, the expectation of the bill being Altogether, provisions of the new production. To accomplish this goal, the passed resulted in a spike in Forest Code have reduced the total area program seeks to create partnerships deforestation (Darlington 2012, to be restored from approximately 50 between local communities, unpaginated; Moukaddem 2011, million ha (124 million ac) to municipalities, private initiatives, unpaginated; WWF–UK 2011a, approximately 21 million ha (52 million IBAMA, and the Federal Public unpaginated). A new Forest Code was ac) (Soares-Filho et al. 2014, p. 363; Prosecution Service and to focus on passed in 2012, and although the new Boadle 2012, unpaginated). local pacts, deforestation monitoring, reforms were an attempt at a Furthermore, the old and new Forest implementation of the Rural compromise between farmers and Codes allow legal deforestation of an Environmental Registry, and structuring environmentalists, many claim the new additional 88 million ha (217 million municipal management (Verı´ssimo et al. bill reduces the total amount of land ac) on private properties deemed to 2013, pp. 3, 6, 12–13). The program required to be maintained as forest and constitute an ‘‘environmental surplus,’’ aims to show how it is possible to will increase deforestation, especially in which are areas that are not conserved

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by the Legal Reserve and Riparian Greenpeace 2012, unpaginated). The products of CITES-listed plant and Preservation Area conservation original code was largely ignored by animal species. Trade must be requirements. The Cerrado alone landowners and not enforced, leading to authorized through a system of permits contains approximately 40 million ha Brazil’s high rates of deforestation and certificates that are provided by the (99 million ac) of habitat designated as (Boadle 2012, unpaginated). Although designated CITES Management environmental surplus that could be Brazil’s deforestation rates declined Authority of each CITES Party. Brazil, legally deforested (Soares-Filho et al. between 2005 and 2010, 2011 marked Bolivia, and Paraguay are Parties to 2014, p. 364). the beginning of an increase in rates due CITES. Although the Forest Code reduces to the expectation of the new Forest The hyacinth macaw was listed in restoration and preservation Code being passed. Another slight Appendix I of CITES on October 22, requirements, which in turn increases increase occurred in 2013, then doubled 1987. An Appendix-I listing includes the threat to the hyacinth macaw, it over 6 months (Schiffman 2015, species threatened with extinction introduces new mechanisms to address unpaginated). Corruption in the whose trade is permitted only under fire management, forest carbon, and government, land fraud, and lack of exceptional circumstances, which payments for ecosystem services, which penalties for infractions have generally precludes commercial trade. could reduce deforestation and result in contributed to increases in illegal The import of an Appendix-I species environmental benefits to the hyacinth deforestation (Schiffman 2015, generally requires the issuance of both macaw. The most important mechanism unpaginated). Additionally, amnesty an import and export permit. Import may be the Environmental Reserve afforded by the new Forest Code has led permits for Appendix-I species are Quota (ERQ). The ERQ is a tradable to the perception that illegal deforesters issued only if findings are made that the legal title to areas with intact or are unlikely to be prosecuted or could import would be for purposes that are regenerating native vegetation exceeding be exonerated in future law reforms not detrimental to the survival of the the Forest Code requirements. It (Schiffman 2015, unpaginated; Soares- species and that the specimen will not provides the opportunity for Filho et al. 2014, p. 364). Enforcement be used for primarily commercial landowners who, as of July 2008, did is often nonexistent in Brazil as IBAMA purposes (CITES Article III(3)). Export not meet the area-based conservation is underfunded and understaffed. Only permits for Appendix-I species are requirements of the law, to instead 1 percent of the fines imposed on issued only if findings are made that the ‘‘compensate’’ for their legal reserve individuals and corporations for illegal specimen was legally acquired and trade shortages by purchasing surplus deforestation is actually collected is not detrimental to the survival of the compliance obligations from properties (Schiffman 2015, unpaginated). In Para´, species, and if the issuing authority is that would then maintain native one of two states where most of the satisfied that an import permit has been vegetation in excess of the minimum clearing is occurring, 78 percent of granted for the specimen (CITES Article legal reserve requirements. This logging between August 2011 and July III(2)). mechanism could provide forested 2012 was illegal (Schiffman 2015, The import of hyacinth macaws into lands with monetary value, creating a unpaginated). Furthermore, while much the United States is also regulated by trading market. The ERQ could logging is being conducted illegally, the Wild Bird Conservation Act potentially reduce 56 percent of the there is concern that even if regulations (WBCA), which was enacted on October Legal Reserve debt (Soares-Filho et al. are strictly adhered to, the development 23, 1992. The purpose of the WBCA is 2014, p. 364). is not sustainable (Schiffman 2015, to promote the conservation of exotic The new Forest Code requires unpaginated). Some level of birds by ensuring that all imports of landowners to take part in a mapping deforestation is highly likely to continue exotic birds to the United States are and registration system for rural and will continue to compromise the biologically sustainable and not properties that serves as a means for status of the species. detrimental to the species in the wild. landowners to report their compliance Additional Regulatory Mechanisms: The WBCA generally restricts the with the code in order to remain eligible To protect the main breeding habitat of importation of most CITES-listed live or for state credit and other government the hyacinth macaw, Mato Grosso State dead exotic birds. Import of dead support. On May 6, 2014, the Ministry Senate passed State Act 8.317 in 2005, specimens is allowed for scientific for the Environment published a which prohibits the cutting of manduvi purposes and museum specimens. regulation formally implementing the trees, but not others. Although this law Permits may be issued to allow import mapping system and requiring all rural protects nesting trees, other trees around of listed birds for various purposes, properties be enrolled by May 2015. nesting trees are cut, exposing the such as scientific research, zoological However, on May 5, 2015, the deadline manduvi tree to winds and storms. breeding or display, or personal pets, was extended to May 4, 2016. According Manduvi trees end up falling or when certain criteria are met. The to information provided by the Ministry breaking, rendering them useless for the Service may approve cooperative for the Environment, at that time hyacinth macaws to nest in (Santos Jr. breeding programs and subsequently 1,407,206 rural properties had been 2008, p. 135; Santos Jr. et al. 2006, p. issue import permits under such registered since the new code became 186). programs. Wild-caught birds may be effective. This number covers an area of imported into the United States if 196,767,410 ha (486,222,859 ac) and International Laws certain standards are met and they are represents 52 percent of all rural areas The hyacinth macaw is protected subject to a management plan that in Brazil for which registration is under CITES, an international provides for sustainable use. At this mandatory (Filho et al. 2015, agreement between governments to time, the hyacinth macaw is not part of unpaginated). This system could ensure that the international trade of a Service-approved cooperative facilitate the market for ERQs and CITES-listed plant and animal species breeding program, and wild-caught payments for ecosystem services. does not threaten species’ survival in birds have not been approved for It is unclear whether the Brazilian the wild. Under this treaty, CITES importation. Government will be able to effectively Parties (member countries or The Lacey Act was originally passed enforce the new law (Barrionuevo 2012, signatories) regulate the import, export, in 1900, and was the first Federal law unpaginated; Boadle 2012, unpaginated; and re-export of specimens, parts, and protecting wildlife. Today, it provides

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civil and criminal penalties for the and Lemma 2014, p. 11; Siqueira and al. 2014, p. 1523; Marengo et al. 2011, illegal trade of animals and plants. Peterson 2003, p. 2). The latest pp. 11, 18, 29, 43; Magrin et al. 2007, Under the Lacey Act, in part, it is Intergovernmental Panel on Climate pp. 583, 596). In the regions where the unlawful to import, export, transport, Change assessment estimates hyacinth macaw occurs, the climate sell, receive, acquire, or purchase any temperature changes in South America features a dry season, which prevents fish, or wildlife taken, possessed, by 2100 to range from 1.7 to 6.7 degrees the growth of an extensive closed- transported, or sold: (1) In violation of Celsius (°C) (3.06 to 12.06 degrees canopy tropical forest. Therefore, the any law, treaty, or regulation of the Fahrenheit (°F)) under medium and transition of the Amazon rainforests United States or in violation of any high emission scenarios and 1 to 1.5 °C could provide additional suitable Indian tribal law; or (2) in interstate or (1.8 to 2.7 °F) under a low emissions habitat for the hyacinth macaw. foreign commerce, any fish or wildlife scenario (Magrin et al. 2014, p. 1502; However, we do not know how the taken, possessed, transported, or sold in Carabine and Lemma 2014, p. 10). specific food and nesting resources the violation of any law or regulation of any Projected changes in rainfall in South hyacinth macaw uses will be impacted State or in violation of any foreign law. America vary by region. Reductions are if there is an increase in the dry season. Therefore, for example, because the take estimated for northeast Brazil and the Furthermore, there are uncertainties in of wild-caught hyacinth macaws would Amazon (Magrin et al. 2014, p. 1502; this modeling, and the projections are be in violation of Brazil’s Environmental Carabine and Lemma 2014, pp. 10–11). not definitive outcomes. In fact, some Crimes Law (9605/98), the subsequent At a national level, climate change may models indicate that conditions are import of hyacinth macaws into the induce significant reductions in likely to get wetter in Amazonia in the United States would be in violation of forestland in all Brazilian regions (Fe´res future (Marengo et al. 2011, pp. 28–29). the Lacey Act. Similarly, under the et al. 2009, pp. 12, 15). These uncertainties make it challenging Lacey Act it is unlawful to import, Temperature increases in Brazil are to predict the likely effects of continued export, transport, sell, receive, acquire, expected to be greatest over the Amazon climate change on the hyacinth macaw. or purchase specimens of these species rainforest, where Para´ is located, with Temperatures in the Cerrado, which traded contrary to CITES. models indicating a strong warming and covers the Gerais region, are also Although illegal trapping for the pet drying of this region during the 21st predicted to increase; the maximum trade occurred at high levels during the century, particularly after 2040 temperature in the hottest month may ° ° 1980s, trade has decreased significantly (Marengo et al. 2011, pp. 8, 15, 27, 39, increase by 4 C (7.2 F) and by 2100 ° from those levels. International trade of 48; Fe´res et al. 2009, p. 2). Estimates of may increase to approximately 40 C ° parrots was significantly reduced during temperature changes in Amazonia are (104 F) (Marini et al. 2009, p. 1563). ° ° the 1990s as a result of tighter 2.2 C (4 F) under a low greenhouse gas Along with changes in temperature, ° ° enforcement of CITES regulations, emission scenario and 4.5 C (8 F) other models have predicted a decrease stricter measures under European Union under a high-emission scenario by the in tree diversity and range sizes for legislation, and adoption of the WBCA, end of the 21st century (2090–2099) birds in the Cerrado. along with adoption of national (Marengo et al. 2011, p. 27). Several Projections based on a 30-year average legislation in various countries (Snyder models indicate Amazonia is at a high (2040–2069) indicate serious effects to et al. 2000, p. 99). We found no risk of forest loss and more frequent Cerrado tree diversity in coming information indicating trade is currently wildfires (Magrin et al. 2007, p. 596). decades (Marini et al. 2009, p. 1559; Siqueira and Peterson 2003, p. 4). In a impacting the hyacinth macaw Some leading global circulation models study of 162 broad-range tree species, population. suggest extreme weather events, such as Habitat loss for the hyacinth macaw droughts, will increase in frequency or the potential distributional area of most continues despite regulatory severity due to global warming. As a trees was projected to decline by more mechanisms intended to protect Brazil’s result, droughts in Amazonian forests than 50 percent. Using two climate forests. The lack of supervision and could become more severe in the future change scenarios, 18–56 species were resources prevent these laws from being (Marengo et al. 2011, p. 48; Laurance et predicted to go extinct in the Cerrado, while 91–123 species were predicted to properly implemented (Guedes 2012, p. al. 2001, p. 782). For example, the 2005 decline by more than 90 percent in the 3), as evidenced by ongoing drought in Amazonia was a 1-in-20-year potential distributional area (Siqueira deforestation in the Amazon, Cerrado, event; however, those conditions may become a 1-in-2-year event by 2025, and and Peterson 2003, p. 4). and Pantanal. As described above, the Of the potential impacts of predicted hyacinth macaw’s food and nesting trees a 9-in-10-year event by 2060 (Marengo et al. 2011, p. 28). Impacts of climate-driven changes on bird are removed for agriculture and cattle distribution, extreme temperatures ranching, and fire is used to clear land deforestation are greater under drought conditions as fires set for forest seemed to be the most important factor and maintain pastures. Therefore, clearances burn larger areas (Marengo et limiting distribution, revealing their without greater enforcement of laws, al. 2011, p. 16). Additionally, drought physiological tolerances (Marini et al. deforestation will continue to impact increases the vulnerability of seasonal 2009, p. 1563). In a study on changes in the hyacinth macaw and its food and forests of the Amazon, such as those range sizes for 26 broad-range birds in nesting resources. found in eastern Amazonia, to wildfires the Cerrado, range sizes are expected to Factor E. Other Natural or Manmade during droughts (Laurance et al. 2001, decrease over time, and significantly so Factors Affecting Its Continued p. 782). as soon as 2030 (Marini et al. 2009, p. Existence Previous work has indicated that, 1564). Changes ranged from a 5-percent under increasing temperature and increase to an 80-percent decrease Climate Change decreasing rainfall conditions, the under two dispersal scenarios for 2011– Changes in Brazil’s climate and rainforest of the Amazon could be 2030, 2046–2065, and 2080–2099 associated changes to the landscape may replaced with different vegetation. Some (Marini et al. 2009, p. 1561). The largest result in additional habitat loss for the models have predicted a change from potential loss in range size is predicted hyacinth macaw. Across Brazil, forests to savanna-type vegetation over to occur among grassland and forest- temperatures are projected to increase parts of, or perhaps the entire, Amazon dependent species in all timeframes and precipitation to decrease (Carabine in the next several decades (Magrin et (Marini et al. 2009, p. 1564). These

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species will likely have the most dire themselves, several other factors affect inexperience of young couples that future conservation scenarios because the reproductive success of the hyacinth accidentally smash their own eggs while these habitat types are the least common macaw. In the Pantanal, competition, entering and exiting the nest, breaking (Marini et al. 2009, p. 1559). Although predation, disease, destruction or by other bird and mammal species this study focused on broad-range bird flooding of nests, and climatic wanting to occupy the nesting cavity, species, geographically restricted birds, conditions and variations are factors and broken trees and flooding of nests such as hyacinth macaw, are predicted affecting reproductive success of the (Guedes 2009, p. 75). Of the 320 nests to become rarer (Marini et al. 2009, p. hyacinth macaw (Guedes 2009, pp. 5, 8, that saw eggs hatch and chicks born, 49 1564). 42; Guedes 2004b, p. 7). percent experienced a total or partial Whether species will or will not adapt In the Pantanal, competition for loss of chicks (Guedes 2009, pp. 68). to new conditions is difficult to predict; nesting sites is intense. The hyacinth From the chicks that were born, on synergistic effects of climate change and macaw nests almost exclusively in average 37 percent (n=183) failed before habitat fragmentation, or other factors, manduvi trees; however, 17 other bird leaving the nest because of mortality or such as biotic interactions, may hasten species, small mammals, and honey predation (Guedes 2009, pp. 66, 78). Of the need for conservation even more bees (Apis mellifera) also use manduvi these chicks that did not survive, 62 (Marini et al. 2009, p. 1565). Although cavities (Guedes and Vicente 2012, pp. percent (n=114) were lost due to there are uncertainties in the climate- 148, 157; Guedes 2009, p. 60; Pizo et al starvation, low temperature, disease or change modeling discussed above, the 2008, p. 792; Pinho and Nogueira 2003, infestation by ectoparasites, flooding of overall trajectory is one of increased p. 36). Bees are even known to occupy nests, and breaking of branches; the warming under all scenarios. Species artificial nests that could be used by other 38 percent (n=69) were lost to like the hyacinth macaw, whose habitat hyacinth macaws (Pinho and Nogueira predation (Guedes 2009, pp. 79). is limited, population is reduced, are 2003, p. 33; Snyder et al. 2000, p. 120). Variations in temperature and rainfall large in physical size, and are highly Manduvi is a key species for the may also affect reproduction of the specialized are more vulnerable to hyacinth macaw; these cavities are hyacinth macaw in the Pantanal climatic variations and at a greater risk already limited and there is evidence of (Guedes 2009, p. 42). Years with higher of extinction (Guedes 2009, p. 44). decreased recruitment of this species of temperatures and lower rainfall We do not know how the habitat of tree (Santos Jr. et al. 2006, p. 181). experience decreased production of the hyacinth macaw may change under Competition for nesting cavities is fruits and foraging, leading to a decrease these conditions, but we can assume exacerbated because manduvi trees in reproduction of hyacinth macaws the some change will occur. The hyacinth must be at least 60 years old, and on following year (Guedes 2009, pp. 42– macaw is experiencing habitat loss due average 80 years old, to produce cavities 44). This decrease is especially to widespread expansion of agriculture large enough to be used by the hyacinth problematic for a species that relies on and cattle ranching. Climate change has macaw (Guedes 2009, pp. 59–60; Pizo et only two species of palm nuts as a the potential to further decrease the al. 2008, p. 792; Santos Jr. et al. 2006, source of food. Competition with other specialized habitat needed by the p. 185). Given that there is currently a bird and mammal species may also hyacinth macaw; the ability of the limited number of manduvi trees in the increase during low food years. Acuri hyacinth macaw to cope with landscape Pantanal of adequate size capable of are available year round, even during changes due to climate change is accommodating the hyacinth macaw, times of fruit scarcity, making it a questionable given the specialized evidence of reduced recruitment of resource many other species also needs of the species. Furthermore, one these sized manduvi, and numerous depend on during unfavorable periods of the factors that affected reproductive species that also use this tree, (Guedes 2009, p. 44). Additionally, the rates of hyacinth macaws in the competition will certainly increase as El Nin˜ o event during the 1997–98 Pantanal was variations in temperature the number of manduvi decreases, breeding season caused hotter, wetter and rainfall (Guedes 2009, p. 42). further affecting reproduction by conditions favoring breeding pairs, but Hotter, drier years, as predicted under limiting tree cavities available to the survival of the chicks was reduced. In different climate change scenarios, hyacinth macaw for nesting (Guedes 1999, a longer breeding period was could result in greater impacts to 2009, p. 60). Furthermore, a shortage of observed following drier, colder hyacinth macaw reproduction due to suitable nesting sites could lead to conditions caused by the La Nin˜ a that impacts on palm fruit and thereby increased competition resulting in an same year; however, 54 percent of the foraging success, and could increase increase in infanticide and egg eggs were lost that year (Guedes 2009, competition with other bird and destruction by other hyacinth macaws p. 43). mammal species for limited resources. and other macaw species (Lee 2010, p. Conservation Measures 2). Black vultures (Coragyps atratus), Low Reproductive Rates and collared forest falcons, and red-and- A network of nongovernmental Competition green macaws ( chloropterus) break organizations, Rede Cerrado, has been The specialized nature and hyacinth macaw eggs when seeking established to promote local reproductive biology of the hyacinth nesting cavities (Guedes 2009, p. 75). sustainable-use practices for natural macaw contribute to low recruitment of A 10-year study conducted in the resources (Klink and Machado 2005, p. juveniles and decrease the ability to Miranda region of the Pantanal 710). Rede Cerrado provided the recover from reductions in population concluded that the majority of hyacinth Brazilian Ministry of the Environment size caused by anthropogenic macaw nests (63 percent) failed, either recommendations for urgent actions for disturbances (Faria et al. 2008, p. 766; partially or totally, during the egg phase. the conservation of the Cerrado. As a Wright et al. 2001, p. 711). This species’ While predation accounted for 52 result, a conservation program was vulnerability to extinction is further percent of lost eggs during incubation established to integrate actions for heightened by deforestation that (see Factor C discussion, above), the conservation in regions where negatively affects the availability of remaining eggs lost during the 10-year agropastoral activities, which is essential food and nesting resources. In study of the Miranda region did not agriculture practice of growing crops addition to direct impacts on food and hatch due to infertility, complications and raising livestock, were especially nesting resources and hyacinth macaws during embryo development, intense and damaging (Klink and

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Machado 2005, p. 710). Conservation management, with the approval of the Hyacinth Macaw Project, only 35 International, The Nature Conservancy, Committee for Hyacinth Macaw percent of eggs survive to the juvenile and World Wildlife Fund have worked Conservation coordinated by IBAMA. stage. to promote alternative economic Hyacinth macaw eggs are replaced with Finding activities, such as ecotourism, chicken eggs, and the hyacinth eggs are sustainable use of fauna and flora, and incubated in a field laboratory. After Section 4 of the Act (16 U.S.C. 1533) medicinal plants, to support the hatching, chicks are fed for a few days, and the implementing regulations in livelihoods of local communities (Klink and then reintroduced to the original part 424 of title 50 of the Code of and Machado 2005, p. 710). Although nest or to another nest with a chick of Federal Regulations (50 CFR part 424) these programs demonstrate awareness the same age. This process began to set forth procedures for adding species of the need for protection and efforts in increase the number of chicks that to, removing species from, or protecting the Cerrado, we have no survived and fledged each year reclassifying species on the Federal details on the specific work or (Brouwer 2004, unpaginated; Guedes Lists of Endangered and Threatened accomplishments of these programs, or 2004a, p. 281; Guedes 2004b, p. 9). Wildlife and Plants. As required by the how they would affect, or have affected, Awareness has also been raised with Act, we conducted a review of the status the hyacinth macaw and its habitat. local cattle ranchers. Attitudes have of the species and considered the five In 1990, the Hyacinth Macaw Project begun to shift, and ranchers are proud factors in assessing whether the (Projecto Azul) began with of having macaw nests on the property. hyacinth macaw is in danger of support from the University for the Local inhabitants also served as project extinction throughout all or a significant Development of the State (Mato Grosso collaborators (Guedes 2004a, p. 282; portion of its range (endangered) or do Sul) and the Pantanal Region Guedes 2004b, p. 10). This shift in likely to become endangered within the (Brouwer 2004, unpaginated; Guedes attitude has also diminished the threat foreseeable future throughout all or a 2004b, p. 28; Pittman 1999, p. 39). This of illegal trade in the Hyacinth Macaw significant portion of its range program works with local landowners, Project area (Brouwer 2004, (threatened). We examined the best communities, and tourists to monitor unpaginated). scientific and commercial information the hyacinth macaw, study the biology The Hyacinth Macaw Project has available regarding factors affecting the of this species, manage the population, contributed to the increase of the status of the hyacinth macaw. We and promote its conservation and hyacinth population in the Pantanal reviewed the petition, information ensure its protection in the Pantanal since the 1990s (Harris et al. 2005, p. available in our files, information (Santos Jr. 2008, p. 135; Harris et al. 719). Nest and chick management provided by peer review and public 2005, p. 719; Brouwer 2004, implemented by the Hyacinth Macaw comments, and other available unpaginated; Guedes 2004a, p. 281). Project has led to an increase in the published and unpublished Studies have addressed feeding, Pantanal population; for every 100 information. reproduction, competition, habitat couples that reproduce, 4 juveniles In considering what factors may survival, chick mortality, behavior, survive and are added to the population. constitute threats, we must look beyond nests, predation, movement, and threats Additionally, hyacinth macaws have the mere exposure of the species to the contributing to the reduction in the wild expanded to areas where the species factor to determine whether the species population (Guedes 2009, p. xiii; previously disappeared, as well as new responds to the factor in a way that Guedes 2004a, p. 281). Because there are areas (Guedes 2012, p. 1; Guedes 2009, causes actual impacts to the species. If not enough natural nesting sites in this pp. 4–5, 8, 35–36, 39, 82). there is exposure to the factor, but no region, the Hyacinth Macaw Project Nest boxes can have a marked effect response, or only a positive response, began installing artificial nest boxes; on breeding numbers of many species that factor is not a threat. If there is more than 180 have been installed. on a local scale (Newton 1994, p. 274), exposure and the species responds Hyacinth macaws have adapted to using and having local cattle ranchers negatively, the factor may be a threat the artificial nests, leading to more appreciate the presence of the hyacinth and we then attempt to determine if it reproducing couples and successful macaw on their land helps diminish the may drive or contribute to the risk of fledging of chicks. Species that would effects of and illegal extinction of the species such that the otherwise compete with hyacinth trade. However, the Hyacinth Macaw species warrants listing as an macaws for nesting sites have also Project area does not encompass the endangered or threatened species as benefitted from the artificial nests as a entire Pantanal region. Active those terms are defined by the Act. result of reduced competition for management has contributed to the Across its range, the hyacinth macaw natural nesting sites. Hyacinth macaws increase in the hyacinth population, and is losing habitat, including those reuse the same nest for many years; farmers have begun to protect hyacinth essential food and nesting resources, to eventually the nests start to decay or macaws on their property, but land expanding agriculture and cattle become unviable. The Hyacinth Macaw conversion for cattle ranching continues ranching. Para´ has long been the Project also repairs these nests (natural to occur in the Pantanal. If cattle grazing epicenter of illegal deforestation and artificial) so they are not lost. In and trampling of manduvi saplings, as primarily caused by cattle ranching. areas where suitable cavities are scarce, well as the burning of pastures for Large-scale forest conversion for the loss of even one nest could have maintenance continues, the hyacinth’s colonization and cattle ranching due to substantial impacts on the population. preferred natural cavities will be state subsidies, infrastructure Additionally, wood boards are used to severely limited and the species will development, favorable climate in Para´, make cavity openings too small for completely rely on the installation of lower prices for land, and expansion of predators, while still allowing hyacinth artificial nest boxes, which is currently soy cultivation in other areas has led to macaws to enter (Brouwer 2004, limited to the Hyacinth Macaw Project displacement of pastures into parts of unpaginated; Guedes 2004a, p. 281; area. Furthermore, survival of hyacinth Para´. Although deforestation rates Guedes 2004b, p. 8). macaw eggs and chicks are being decreased between 2005 and 2012, In nests with a history of unsuccessful impacted by predation, competition, Amazon deforestation rates increased in breeding, the Hyacinth Macaw Project climate variations, and other natural 2013, 2015, and 2016 (see Table 1, has also implemented chick factors. Even with the assistance of the above).

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In the Gerais region, more than 50 reduction in recruitment of native macaws themselves, several other percent of the original Cerrado species that could eventually provide factors affect the reproductive success of vegetation has been lost due to nesting cavities. A shortage of nest sites the hyacinth macaw. Information conversion to agriculture and pasture. can jeopardize the persistence of the indicates that hyacinth macaws in Para´ Although annual deforestation rates hyacinth macaw by constraining and Gerais are hunted as a source of have decreased, the amount of breeding density, resulting in lower protein and for feathers to be used in remaining hyacinth macaw habitat recruitment and a gradual reduction in local handicrafts. Although we do not continues its slow and steady decrease. population size. This situation may lead have information on the numbers of Remaining Cerrado vegetation continues to long-term effects on the viability of macaws taken for these purposes, given to be lost to conversion for soy the hyacinth macaw population, the small populations in these two plantations and extensive cattle especially in Para´ and the Pantanal regions, any loss of potentially ranching. Projections for coming where persistence of nesting trees is reproducing individuals could have a decades show the largest increase in compromised. While the Hyacinth devastating effect on the ability of those agricultural production occurring in the Macaw Project provides artificial nest populations to increase. Additionally, in Cerrado. alternatives, such nests are only found the Pantanal, predation, variations in The greatest cause of habitat loss in within the project area. temperature and rainfall, and the Pantanal is the expansion of cattle Loss of essential tree species also ectoparasites all contribute to loss of ranching. Only 6 percent of the Pantanal negatively impacts the hyacinth macaw eggs and chicks, directly affecting the landscape is cordilleras, higher areas by increasing competition for what is reproductive rate of hyacinth macaws. where the manduvi occur. These upland already a shortage of suitable nest sites. Brazil has various laws to protect its forests, including potential nesting In the Pantanal, the hyacinth macaw natural resources. Despite these laws trees, are often removed and converted nests almost exclusively in manduvi and plans to significantly reduce to pastures for grazing during the trees. The number of manduvi large deforestation, expanding agriculture and flooding season; however, palm species enough to provide suitable cavities is cattle ranching has contributed to used by hyacinth macaws for food are already limited. Additionally, 17 other increases in deforestation rates in some usually left because cattle also feed on bird species, small mammals, and honey years, and the total deforested area the palm nuts. Fire is a common method bees also use manduvi cavities. continues to increase each year. for renewing pastures, controlling Competition has been so fierce that However, Brazil has obtained significant weeds, and controlling pests in the hyacinth macaws were unable to reduction of the deforestation rate after Pantanal, although uncontrolled fires reproduce, and it resulted in an increase 12 years of the PPCDAm and 6 years of are known to impact patches of in egg destruction and infanticide. As PPCerrado, with most of the reduction manduvi. Fires can help in the the number of suitable trees is further occurring within the Amazon basin. formation of cavities, but too frequent limited, competition for adequate Additionally, hunting continues in fires can prevent trees from surviving to cavities to accommodate the hyacinth some parts of the hyacinth macaw’s a size capable of providing suitable macaw will certainly increase, reducing range despite laws prohibiting this cavities and can cause a high rate of tree the potential for hyacinth macaws to activity. Without effective loss. Five percent of manduvi trees are reproduce. In the Gerais region, implementation and enforcement of lost each year due to deforestation, fires, hyacinth macaws mostly nest in rock environmental laws, deforestation and and storms. crevices, most likely a response to the In addition to the direct removal of destruction of nesting trees; we do not hunting will continue to the detriment trees and the impact of fire on forest know if the hyacinth macaws in the of hyacinth macaws. establishment, cattle impact forest Pantanal will respond in the same way Climate change models have recruitment. Intense livestock activity to the loss of nesting trees. Although it predicted increasing temperatures and can affect seedling recruitment via is possible that hyacinth macaws could decreasing rainfall throughout most of trampling and grazing. Cattle also use alternative nesting trees in Para´ and Brazil. There are uncertainties in this compact the soil such that regeneration the Pantanal, deforestation in these modeling, and the projections are not of forest species is severely reduced. regions would impact alternative definitive outcomes. How a species may This type of repeated disturbance can nesting trees, as well as food sources, adapt to changing conditions is difficult lead to an ecosystem dominated by resulting in the same negative effect on to predict. We do not know how the invasive trees, grasses, bamboo, and the hyacinth macaw. Furthermore, habitat of the hyacinth macaw may vary ferns. Manduvi, which contain the competition for limited nesting and food under these conditions, but we can majority of hyacinth macaw nests, are resources would continue. assume some change will occur. The already limited in the Pantanal; only 5 Deforestation also reduces the hyacinth macaw is experiencing habitat percent of the existing adult manduvi availability of food resources. The loss due to widespread expansion of trees in south-central Pantanal and 11 species’ specialized diet makes it agriculture and cattle ranching. Effects percent in the southern Pantanal vulnerable to changes in food of climate change have the potential to contain suitable cavities for hyacinth availability. Another Anodorhynchus further decrease the specialized habitat macaws. Evidence of severely reduced species, the Lear’s macaw, is critically needed by the hyacinth macaw; the recruitment of manduvi trees suggests endangered due, in part, to the loss of ability of the hyacinth macaw to cope that this species of tree, of adequate size its specialized food source (licuri palm with landscape changes due to climate to accommodate the hyacinth macaw, is stands). Inadequate nutrition can change is questionable given the not only scarce now but likely to contribute to poor health and is known specialized needs of the species. become increasingly scarce in the to have reduced reproduction in Furthermore, hotter, drier years, as future. hyacinth macaws. In Para´ and the Gerais predicted under different climate Deforestation for agriculture and region, where food sources are being change scenarios, could result in greater cattle ranching, cattle trampling and removed, persistence of the species is a impacts to hyacinth macaw foraging, and burning of forest habitat concern. reproduction due to impacts on palm result in the loss of mature trees with In addition to direct impacts on food fruit and thereby foraging success, and natural cavities of sufficient size and a and nesting resources and hyacinth could increase competition with other

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bird and mammal species for limited high enough reproduction rate and may having a higher rate than other years. resources. not survive in areas where nest sites and However, because the annual rate of Based on the long-term trends of food sources are destroyed. Because the deforestation is decreasing over the long continued loss of habitat and associated hyacinth macaw has specialized food term, the loss of all native habitat from loss of essential resources (nest sites and and nest site needs, it is at higher risk these areas, including the species of food sources) throughout the hyacinth of extinction from the anthropogenic trees needed by the hyacinth macaw for macaws range, declines in the species stressors described above. food and nesting, is not as immediate as remaining habitat and in its population Section 3 of the Act defines an initially predicted. Therefore, even with are expected to continue into the ‘‘endangered species’’ as ‘‘any species the additional habitat loss that is foreseeable future. Para´ is one of the which is in danger of extinction imminent, we do not find that the states where most of Brazil’s agriculture throughout all or a significant portion of hyacinth macaw is currently in danger expansion is taking place. Modeled its range,’’ and a ‘‘threatened species’’ as of extinction. future deforestation is concentrated in ‘‘any species which is likely to become The hyacinth macaw remains a this area. The Cerrado is the most an endangered species within the species particularly vulnerable to desirable biome for agribusiness foreseeable future throughout all or a extinction due to the interaction expansion and contains approximately significant portion of its range.’’ After between continued habitat loss within 40 million ha (99 million ac) of analyzing the species’ status in light of the foreseeable future and its highly ‘‘environmental surplus’’ that could be the five factors discussed above, we find specialized needs for food and nest legally deforested; therefore, this region the hyacinth macaw is a ‘‘threatened trees. The term ‘‘foreseeable future’’ will likely continue to suffer species’’ as a result of the following: describes the extent to which we can deforestation. Ninety-five percent of the Continued deforestation and reduced reasonably rely on the predictions about Pantanal is privately owned, 80 percent recruitment of forests (Factor A), the future in making determinations of which is used for cattle ranches. hunting (Factor B), predation and about the future conservation status of Clearing land to establish pasture is disease (Factor C), low reproduction rate the species. Based on the best available perceived as the economically optimal and competition (Factor E), and effects scientific studies and information land use, while land not producing beef of climate change (Factor E). assessing land-use trends, lack of is often perceived as unproductive. Furthermore, despite regulatory enforcement of laws, predicted Continued loss of remaining habitat will mechanisms to protect the hyacinth landscape changes under climate- lead to long-term effects on the viability macaw and the forests it depends on, change scenarios, the persistence of of the hyacinth macaw. Additionally, deforestation and hunting for essential food and nesting resources, any factors that contribute to the loss of sustenance continues. and predictions about how those threats eggs and chicks ultimately reduce In our 2012 proposed rule (77 FR may impact the hyacinth macaw or reproduction and recruitment of 39965; July 6, 2012), we found that the similar species, we conclude that the juveniles into the population and the hyacinth macaw was in danger of species is likely to be in danger of ability of those populations to recover. extinction (an endangered species) extinction in the foreseeable future Therefore, long-term survival of this based on estimates indicating the throughout all of its range. On the basis species is a concern. original vegetation of the Amazon, of the best scientific and commercial In total, there are approximately 6,500 Cerrado, and Pantanal, including the information, we find that the hyacinth hyacinth macaws left in the wild, hyacinth macaw’s habitat, would be lost macaw meets the definition of a dispersed among three populations. between the years 2030 and 2050 due to ‘‘threatened species’’ under the Act, and Two of the populations, Para´ and deforestation, combined with its we are listing the hyacinth macaw as Gerais, contain 1,000–1,500 individuals naturally low reproductive rate, highly threatened throughout its range. combined; the Pantanal population specialized nature, hunting, contains 5,000 individuals. The current competition, and effects of climate Significant Portion of its Range overall population trend for the change. While deforestation rates Under the Act and our implementing hyacinth macaw is reported as between 2002 and 2014 indicate a regulations, a species warrants listing if decreasing, although there are no decrease in the annual deforestation it is endangered or threatened. The Act reports of extreme fluctuations in the rate, and there has been a decrease in defines ‘‘endangered species’’ as any number of individuals. The hyacinth deforestation compared to historical species that is in danger of extinction macaw population has grown in the rates, there continues to be a slow and throughout all or a significant portion of Pantanal; however, the growth is not steady increase in the total area its range (16 U.S.C. 1532(6)), and sufficient to counter the continued and deforested. Deforestation rates in Para´ ‘‘threatened species’’ as any species that predicted future anthropogenic decreased by 20 percent between 2013 is likely to become an endangered disturbances. Hyacinth macaws have a and 2014, increased by 14 percent in species within the foreseeable future naturally low reproductive rate; not all 2015, and increased by 41 percent in throughout all or a significant portion of hyacinth macaw chicks fledge; and due 2016. However, the PPCDAm has its range (16 U.S.C. 1532(20)). Because to the long period of chick dependence, reduced the deforestation rate by we have determined that the hyacinth hyacinth macaws breed only every 2 approximately 80 percent in relation to macaw is threatened throughout all of years. In the Pantanal population, which the 2004 rate in the Legal Amazon. its range, under the Final Policy on is the largest population of hyacinth Recent estimates of deforestation Interpretation of the Phrase ‘‘Significant macaws, only 15–30 percent of adults indicate annual deforestation rates in Portion of Its Range’’ in the Endangered attempt to breed each year; it may be the Cerrado and Pantanal have Species Act’s Definitions of that as small or an even smaller decreased by approximately 40 and 37 ‘‘Endangered Species and ‘‘Threatened percentage in Para´ and Gerais attempt to percent, respectively, although within Species’’ (79 FR 37578; July 1, 2014) breed. This relatively low recruitment of two states in the Cerrado, Tocantins and (SPR Policy), if a species warrants juveniles decreases the ability of a Maranha˜o, deforestation increased in listing throughout all of its range, no population to recover from reductions 2016 by 40 and 25 percent, respectively. portion of the species’ range can be a caused by anthropogenic disturbances. We recognize that deforestation rates ‘‘significant’’ portion of its range. The Thus, hyacinth macaws may not have a may fluctuate annually, with some years SPR policy is applied to all status

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determinations, including analyses for any threatened species any act thereof, exported under the provisions the purposes of making listing, prohibited under section 9(a)(1) of the of Article VII, paragraph 5 of the delisting, and reclassification Act. For the hyacinth macaw, the Convention. determinations. The procedure for Service is exercising our discretion to (D) Appendix-I animals bred in analyzing whether any portion is an issue a 4(d) rule. By adopting the 4(d) captivity for commercial purposes in SPR is similar, regardless of the type of rule, we are incorporating all operations included in the Secretariat’s status determination we are making. prohibitions and provisions of 50 CFR Register, in accordance with Resolution While under the SPR Policy no 17.31 and 17.32, except that import and Conf. 12.10 (Rev. CoP15), and further analysis of ‘‘significant portion export of certain hyacinth macaws into Appendix-I plants artificially of its range’’ in this circumstance is and from the United States and certain propagated for commercial purposes, as required, we recognize that the SPR acts in interstate commerce are allowed well as parts and derivatives thereof, Policy is currently under judicial without a permit under the Act, as exported under the provisions of Article review, so we also took the additional explained below. VII, paragraph 4, of the Convention. step of considering whether there could (F) Animals born in captivity (F1 or be any significant portions of the Import and Export subsequent generations) that do not species’ range where the species is in The 4(d) rule imposes a prohibition fulfill the definition of ‘‘bred in danger of extinction. We evaluated on imports and exports (by captivity’’ in Resolution Conf. 10.16 whether there is substantial information incorporating 50 CFR 17.31), but creates (Rev.), as well as parts and derivatives indicating that there are any portions of exceptions for certain hyacinth macaws. thereof. the species’ range: (1) That may be The 4(d) rule largely adopts the existing The 4(d) rule’s provisions regarding ‘‘significant,’’ and (2) where the species conservation regulatory requirements of captive-bred birds apply to birds bred in may be in danger of extinction. In CITES and the WBCA as the appropriate the United States and abroad. The terms practice, a key part of identifying regulatory provisions for the import and ‘‘captive-bred’’ and ‘‘captivity’’ used in portions appropriate for further analysis export of certain hyacinth macaws. The the 4(d) rule are defined in the is whether the threats are geographically import and export of birds into and from regulations at 50 CFR 17.3 and refer to concentrated. For the hyacinth macaw, the United States, taken from the wild wildlife produced in a controlled the primary driver of its status is habitat after the date this species is listed under environment that is intensively destruction. This threat is affecting the the Act; conducting an activity that manipulated by man from parents that species throughout its entire range and could take or incidentally take hyacinth mated or otherwise transferred gametes is of similar magnitude throughout its macaws; and foreign commerce must in captivity. Although the 4(d) rule range; therefore, there is not a meet the requirements of 50 CFR 17.31 requires a permit under the Act to meaningful geographical concentration and 17.32, including obtaining a permit ‘‘take’’ (including harm and harass) a of threats to the hyacinth macaw. As a under the Act. However, the 4(d) rule hyacinth macaw, our regulations at 50 result, even if we were to undertake a allows a person to import or export CFR 17.3 establish that ‘‘take,’’ when detailed SPR analysis, there would not without a permit issued under the Act applied to captive wildlife, does not be any portions of the species’ range if the specimen either: (1) Was held in include generally accepted animal where the threats are harming the captivity prior to the date this species is husbandry practices, breeding species to a greater degree such that it listed under the Act; or (2) is a captive- procedures, or provisions of veterinary is in danger of extinction in that bred specimen, provided the export care for confining, tranquilizing, or portion. under either of these scenarios is anesthetizing, when such practices are authorized under CITES and the import not likely to result in injury to the 4(d) Rule is authorized under CITES and the wildlife. When a species is listed as WBCA. If a specimen was taken from We assessed the conservation needs of endangered, certain actions are the wild and held in captivity prior to the hyacinth macaw in light of the broad prohibited under section 9 of the Act the date this species is listed under the protections provided to the species and our regulations at 50 CFR 17.21. Act, the importer or exporter must under CITES and the WBCA. The These include, among others, provide documentation to support that hyacinth macaw is listed in Appendix I prohibitions on take within the United status, such as a copy of the original under CITES, a treaty which contributes States, within the territorial seas of the CITES permit indicating when the bird to the conservation of the species by United States, or upon the high seas; was removed from the wild or museum monitoring international trade and import; export; and shipment in specimen reports. For captive-bred ensuring that trade in Appendix I interstate or foreign commerce in the birds, the importer must provide either species is not detrimental to the survival course of a commercial activity. a valid CITES export/re-export of the species (see Conservation Status, Exceptions to the prohibitions for document issued by a foreign above). The purpose of the WBCA is to endangered species may be granted in Management Authority that indicates promote the conservation of exotic birds accordance with section 10 of the Act that the specimen was captive bred by and to ensure that imports of exotic and our regulations at 50 CFR 17.22. using a source code on the face of the birds into the United States do not harm The Act does not specify particular permit of either ‘‘C,’’ ‘‘D,’’ or ‘‘F.’’ them (see Factor D discussion, above). prohibitions and exceptions to those Exporters of captive-bred birds must The best available commercial data prohibitions for threatened species. provide a signed and dated statement indicate that legal and illegal trade of Instead, under section 4(d) of the Act, from the breeder of the bird confirming hyacinth macaws is not currently the Secretary, as well as the Secretary of its captive-bred status, and occurring at levels that are affecting the Commerce depending on the species, documentation on the source of the populations of the hyacinth macaw in was given the discretion to issue such breeder’s breeding stock. The source its three regions. Accordingly, we find regulations as deemed necessary and codes of C, D, and F for CITES permits that the import and export requirements advisable to provide for the and certificates are as follows: of the 4(d) rule provide the necessary conservation of such species. The (C) Animals bred in captivity in and advisable conservation measures Secretary also has the discretion to accordance with Resolution Conf. 10.16 that are needed for this species. This prohibit by regulation with respect to (Rev.), as well as parts and derivatives 4(d) rule streamlines the permitting

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process by deferring to existing laws the United States. Because the species is Authors that are protective of hyacinth macaws otherwise protected in the course of in the course of import and export and interstate commercial activities under The primary authors of this document not requiring permits under the Act for the take provisions and foreign are staff members of the Branch of certain types of activities. commerce provisions contained in 50 Foreign Species, Ecological Services Program, U.S. Fish and Wildlife Service. Interstate Commerce CFR 17.31, and international trade of this species is regulated under CITES, List of Subjects in 50 CFR Part 17 Under the 4(d) rule, a person may we find that this 4(d) rule contains all deliver, receive, carry, transport, or ship the prohibitions and authorizations Endangered and threatened species, a hyacinth macaw in interstate necessary and advisable for the Exports, Imports, Reporting and commerce in the course of a commercial conservation of the hyacinth macaw. recordkeeping requirements, activity, or sell or offer to sell in Transportation. interstate commerce a hyacinth macaw Required Determinations Regulation Promulgation without a permit under the Act. At the National Environmental Policy Act (42 same time, the prohibitions on take U.S.C. 4321 et seq.) Accordingly, we amend part 17, under 50 CFR 17.21 as extended to subchapter B of chapter I, title 50 of the We have determined that we do not threatened species under 50 CFR 17.31 Code of Federal Regulations, as set forth need to prepare an environmental will apply under this 4(d) rule, and any below: interstate commerce activities that could assessment, as defined under the incidentally take hyacinth macaws or authority of the National Environmental PART 17—ENDANGERED AND otherwise prohibited acts in foreign Policy Act of 1969, in connection with THREATENED WILDLIFE AND PLANTS commerce will require a permit under regulations adopted under Section 4(a) 50 CFR 17.32. of the Endangered Species Act. We ■ 1. The authority citation for part 17 Persons in the United States have published a notice outlining our reasons continues to read as follows: imported and exported captive-bred for this determination in the Federal hyacinth macaws for commercial Register on October 25, 1983 (48 FR Authority: 16 U.S.C. 1361–1407; 1531– purposes and for scientific purposes, 49244). 1544; 4201–4245, unless otherwise noted. but trade has been very limited (UNEP– ■ 2. Amend § 17.11(h) by adding an References Cited WCMC 2011, unpaginated). We have no entry for ‘‘Macaw, hyacinth’’ in information to suggest that interstate A list of all references cited in this alphabetical order under BIRDS to the commerce activities are associated with document is available at http:// List of Endangered and Threatened threats to the hyacinth macaw or would www.regulations.gov, Docket No. FWS– Wildlife, to read as follows: negatively affect any efforts aimed at the R9–ES–2012–0013, or upon request recovery of wild populations of the from the U.S. Fish and Wildlife Service, § 17.11 Endangered and threatened wildlife. species; therefore, we are not placing Ecological Services, Branch of Foreign into effect any prohibitions on interstate Species (see FOR FURTHER INFORMATION * * * * * commerce of hyacinth macaw within CONTACT). (h) * * *

Listing citations and Common name Scientific name Where listed Status applicable rules

******* BIRDS

******* Macaw, hyacinth ...... Anodorhynchus Wherever found ...... T ...... 83 FR [insert Federal Register page where the hyacinthinus. document begins], 8/13/2018; 50 CFR 17.41(c) 4d.

*******

■ 3. Amend § 17.41 by revising prohibitions and provisions of §§ 17.31 (D) For hyacinth macaws: September paragraph (c) introductory text, and 17.32 of this part apply to these 12, 2018 (the date this species was listed paragraph (c)(1), and paragraph (c)(2)(ii) species. under the Endangered Species Act of introductory text, and by adding (2) * * * 1973, as amended (Act) (16 U.S.C. 1531 paragraph (c)(2)(ii)(D) to read as follows: (ii) Specimens held in captivity prior et seq.)). to certain dates: You must provide * * * * * § 17.41 Special rules—birds. documentation to demonstrate that the * * * * * specimen was held in captivity prior to Dated: July 2, 2018. (c) The following species in the parrot the dates specified in paragraphs James W. Kurth, family: Salmon-crested cockatoo (c)(2)(ii)(A), (B), (C), or (D) of this Deputy Director, U.S. Fish and Wildlife (Cacatua moluccensis), yellow-billed section. Such documentation may Service, Exercising the Authority of the parrot (Amazona collaria), white include copies of receipts, accession or Director, U.S. Fish and Wildlife Service. cockatoo (Cacatua alba), and hyacinth veterinary records, CITES documents, or [FR Doc. 2018–17319 Filed 8–10–18; 8:45 am] macaw (Anodorhynchus hyacinthinus). wildlife declaration forms, which must BILLING CODE 4333–15–P (1) Except as noted in paragraphs be dated prior to the specified dates. (c)(2) and (c)(3) of this section, all * * * * *

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