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al. 2005, p. 217). Disturbances such as We are not aware of any information DEPARTMENT OF THE INTERIOR wildfire and insect outbreaks are regarding impacts from factors A and E increasing and are likely to intensify that specifically pertains to the Fish and Wildlife Service with drier soils and a longer growing Arapahoe snowfly. However, there is season (Field et al. 2007, p. 619). The adequate information documenting that 50 CFR Part 17 mountain pine beetle has expanded its recreation, grazing, carbaryl spraying, [Docket No. FWS–R4–ES–2011–0007; MO range into areas previously too cold to and road usage are ongoing in Elkhorn 92210–0–0008] support it (Field et al. 2007, p. 623; Creek and that recreation is occurring in Saunders et al. 2008, pp. 21, 23). The Young Gulch. There also is adequate Endangered and Threatened Wildlife USFS predicts that in Colorado and information documenting the likely and Plants; 90-Day Finding on a southern Wyoming, mountain pine adverse effects of these activities on Petition To List the Smooth-Billed Ani beetles will likely kill the majority of stoneflies. Consequently, we have as Threatened or Endangered mature lodgepole pine forests within the concluded that since the Arapahoe next 3 to 5 years (Saunders et al. 2008, snowfly is a species of stonefly, it is AGENCY: Fish and Wildlife Service, pp. 21 and 23). likely being adversely affected by these Interior. Aquatic insects may respond to activities, particularly in view of its very ACTION: Notice of 90-day petition elevated temperatures in the following narrow known range and rarity within finding. ways: (1) Behaviorally, by emigrating that range. We will assess all of these SUMMARY: We, the U.S. Fish and from, or changing distribution within, factors more thoroughly during our Wildlife Service, announce a 90-day stressed regions; or (2) physiologically, status review for the species. finding on a petition to list the smooth- by adjusting the duration and extent of Because we have found that the billed ani (Crotophaga ani) as growth and development in immature petition presents substantial threatened or endangered under the stages, and ultimate size, condition, and information indicating that listing the Endangered Species Act of 1973, as fecundity as adults (Williams and Arapahoe snowfly may be warranted, amended (Act). Based on our review, we Feltmate 1992, p. 285). Impacts from we are initiating a status review to find that the petition does not present global warming will vary greatly at the determine whether listing the Arapahoe substantial information indicating that species level (Williams and Feltmate snowfly under the Act is warranted. 1992, p. 287). The Arapahoe snowfly The ‘‘substantial information’’ listing the species may be warranted. will likely be affected by warmer standard for a 90-day finding differs Therefore, we are not initiating a status streamflows and by continuing from the Act’s ‘‘best scientific and review in response to this petition. outbreaks of mountain pine beetle. commercial data’’ standard that applies However, we ask the public to submit to However, we cannot predict the extent to a status review to determine whether us any new information that becomes to which the species will be able to a petitioned action is warranted. A 90- available concerning the status of, or adjust behaviorally or physiologically to day finding does not constitute a status threats to, the smooth-billed ani or its these changes. We will assess this factor review under the Act. In a 12-month habitat at any time. more thoroughly during our status finding, we will determine whether a DATES: The finding announced in this review for the species. petitioned action is warranted after we document was made on April 26, 2011. In summary, we find that the have completed a thorough status ADDRESSES: This finding is available on information provided in the petition, as review of the species, which is the Internet at http:// well as other information readily conducted following a substantial 90- www.regulations.gov at Docket Number available in our files, presents day finding. Because the Act’s standards FWS–R4–ES–2011–0007. Supporting substantial scientific or commercial for 90-day and 12-month findings are documentation we used in preparing information indicating that the different, as described above, a this finding is available for public petitioned action may be warranted due substantial 90-day finding does not inspection, by appointment, during to other natural or manmade factors necessarily mean that the 12-month normal business hours at the U.S. Fish affecting its continued existence such as finding will result in a warranted and Wildlife Service, South Florida the apparent small population size of finding. Ecological Services Office, 1339 20th the Arapahoe snowfly, especially given Street, Vero Beach, Florida 32960–3559. References Cited the stressors it faces from recreation, Please submit any new information, grazing, and certain forest management A complete list of references cited is materials, comments, or questions practices. The species also will likely be available on the Internet at http:// concerning this finding to the above affected by climate change; however, we www.regulations.gov or upon request address. cannot currently predict the extent to from the Colorado Field Office (see FOR FOR FURTHER INFORMATION CONTACT: which it will be able to adjust to these FURTHER INFORMATION CONTACT). changes. Spencer Simon, Assistant Field Author Supervisor, of the South Florida Finding The primary authors of this notice are Ecological Services Office (see On the basis of our determination staff members of the Regional Office and ADDRESSES) by telephone 772–562– under section 4(b)(3)(A) of the Act, we the Colorado Field Office (see 3909, or by facsimile to 772–562–4288. have determined that the petition ADDRESSES). If you use a telecommunications device presents substantial scientific or for the deaf (TDD), please call the commercial information indicating that Authority: The authority for this action is Federal Information Relay Service the Endangered Species Act of 1973, as listing the Arapahoe snowfly throughout amended (16 U.S.C. 1531 et seq.). (FIRS) at 800–877–8339. its entire range may be warranted. This SUPPLEMENTARY INFORMATION: finding is based on information Dated: April 13, 2011. provided under factors A and E. The Rowan Gould, Background information provided in the petition Director, U.S. Fish and Wildlife Service. Section 4(b)(3)(A) of the Act (16 under factors B, C, and D is not [FR Doc. 2011–9973 Filed 4–25–11; 8:45 am] U.S.C. 1531 et seq.) requires that we substantial. BILLING CODE 4310–55–P make a finding on whether a petition to

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list, delist, or reclassify a species smooth-billed ani is a medium-sized suburban areas, open areas with brush presents substantial scientific or cuculid, with a length of 12–14 inches or scrub, plantations, gardens, commercial information indicating that (30–36 centimeters) and a mass of farmlands, and forest clearings (Quinn the petitioned action may be warranted. approximately 3.5 ounces (100 grams) and Startek-Foote 2000, section 6, p. 1). We are to base this finding on (Ridgway 1916 and Loflin 1983 as cited Preferred habitat is considered to be information provided in the petition, in Quinn and Startek-Foote 2000, open grassland (Blanchard 2000, p. 5). supporting information submitted with section 2, p. 1). Males tend to be slightly In Puerto Rico, Guyana, Cuba, Jamaica, the petition, and information otherwise larger than females (Quinn and Startek- Colombia, and the Gala´pagos Islands, available in our files. To the maximum Foote 2000, section 2, p. 1). This species this species uses cow pastures and extent practicable, we are to make this is distinguished by: all-black plumage, adjacent lands (Quinn and Startek-Foote finding within 90 days of our receipt of glossed with greenish or violet 2000, section 6, p. 1). In south Florida, the petition and publish our notice of iridescence in parts; a long tail density was positively correlated with the finding promptly in the Federal (approximately 6.8 in (17.2 cm)); a large, amount of grazing lands and human Register. arched, and laterally compressed bill, habitation (Loflin 1983 as cited in Our standard for substantial scientific usually showing a raised hump on the Quinn and Startek-Foote 2000, section or commercial information within the basal half of the upper mandible; and a 6, p. 1). In general, this species typically Code of Federal Regulations (CFR) with distinctive call, including a whining occupies lowlands, often near the coast, regard to a 90-day petition finding is ‘‘ah-nee,’’ which is usually delivered 1– preferring a source of water (e.g., marsh, ‘‘that amount of information that would 4 times, along with other vocalizations pond, river) and avoiding dense forest lead a reasonable person to believe that (Quinn and Startek-Foote 2000, section (Quinn and Startek-Foote 2000, section the measure proposed in the petition 1, p. 1; section 2, p. 1; section 8, p. 1). 6, p. 1). In a study area in south Florida, may be warranted’’ (50 CFR 424.14(b)). Immature birds resemble adults, but the smooth-billed ani was found to If we find that substantial scientific or their plumage contains a mixture of dull occupy discontinuous patches of habitat commercial information was presented, and glossy blackish feathers, and the bill (e.g., parks, nurseries, small we are required to promptly conduct a is slightly shallower (Quinn and Startek- undeveloped plots of land) and avoid species status review, which we Foote 2000, section 2, p. 1). Juveniles tall grasses of the Everglades (Loflin subsequently summarize in our 12- are also similar in appearance to adults, 1983 as cited in Quinn and Startek- month finding. but with plumage that is entirely dull Foote 2000, section 6, p. 1). Petition History blackish in color with little or no gloss, Additionally, the species has been and a smaller bill without a raised found within and near impoundments On April 5, 2005, we received a hump (Quinn and Startek-Foote 2000, within the Loxahatchee National petition, dated March 23, 2005, from section 2, p. 1). Robert Showler of Homestead, Florida, Wildlife Refuge (NWR) (Service 1997, p. The smooth-billed ani occurs over a 48; 1998, p. 50; 1999a, p. 65; 2003a, pp. requesting that the smooth-billed ani considerable global geographic range. It (Crotophaga ani), a bird, be listed as 113–114) and on various outer islands is considered a resident from central within the Florida Keys NWR Complex endangered under the Act. The petition Florida south through the Caribbean, clearly identified itself as such and (Service 1992, p. 85; 1999b, p. 60; 2001, and south into Central and South p. 69; 2003b, p. 84). included the requisite identification America through Ecuador and northern information for the petitioner(s), as Argentina, except in the Andes This species feeds primarily on required by 50 CFR 424.14(a). In an (Stevenson and Anderson 1994, p. 355; insects and small vertebrates, especially April 29, 2005, letter to the petitioner, Quinn and Startek-Foote 2000, section when these forage items are abundant we responded that we received the 3, p. 1). The species is generally during the rainy season; fruit is an petition for the smooth-billed ani, and nonmigratory; however, some local important component of the diet during that because of inadequate funding for movement occurs during the dry season, the dry season (Quinn and Startek-Foote listing-related actions pursuant to court when many groups leave their territories 2000, section 1, p. 1 and section 7, pp. orders and judicially approved and gather in large flocks with 1–2; Blanchard 2000, p. 5). Fields of settlement agreements, we would not be neighboring groups (Loflin 1983 as cited grass are typically used for foraging; able to address the petition at that time. in Quinn and Startek-Foote 2000, more densely vegetated stream edges We also noted that the species had been section 5, p. 1). Records in the Dry may be used for nesting and roosting included on the list of birds of Tortugas suggest some movement (Quinn and Startek-Foote 2000, section conservation concern in peninsular between the Caribbean and Florida 6, p. 1; Blanchard 2000, p. 5). The Florida in 2002 and that we had begun (Robertson and Woolfenden 1992 as smooth-billed ani is a highly social bird to compile information on this and cited in Mlodinow and Karlson 1999, p. that nests, roosts, feeds, and travels in other species of conservation concern in 241). This species may regularly pairs or in communal groups (Quinn peninsular Florida. This finding disperse from the Bahamas and Cuba to and Startek-Foote 2000, section 9, p. 3; addresses the petition. Florida (Mlodinow and Karlson 1999, p. Blanchard 2000, pp. 5–6). This species 242). The smooth-billed ani has been uses a communal breeding system in Species Information described as a casual occurrence north which a number of females lay eggs and The smooth-billed ani (Crotophaga to North Carolina and west to Louisiana incubate in the same nest; late-laying ani) is a member of the Family (Stevenson and Anderson 1994, p. 355). females bury the eggs of early-laying Cuculidae (cuckoo family). We concur Vagrant records elsewhere in the United females with twigs and leaves, which with the petition’s taxonomic States are scarce; few acceptable records can create a number of layers, but only characterization of the smooth-billed ani outside of Florida exist (e.g., New Jersey the top layer of eggs eventually hatches (Crotophaga ani) as a species. This or Pennsylvania, North Carolina, South (Quinn and Startek-Foote 2000, section species is a resident in parts of Florida, Carolina, and Georgia) (Mlodinow and 1, p. 1; Blanchard 2000, pp. 1–101). the Caribbean, Mexico, and Central and Karlson 1999, pp. 241–242). Blanchard (2000, p. 30) found evidence South America (Stevenson and Throughout its range, and year round, for monogamy, polygamy (extra-pair Anderson 1994, p. 355; Quinn and the smooth-billed ani occupies savanna, fertilizations), and brood parasitism Startek-Foote 2000, section 3, p. 1). The disturbed and human-altered rural and (egg-laying in the nests of other birds) in

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both single-pair and group nests in a the east coast and Lee County on the reasons for the decline in south Florida study of the species’ communal west coast (Mlodinow and Karlson are not clear (Mlodinow and Karlson breeding system in Puerto Rico. 1999, p. 241). By 1968–69, the number 1999, p. 242; National Audubon Society Observed nesting groups of smooth- observed reached 1.51 per p-hr in West 2001, p. 335). billed anis ranged from a single pair to Palm Beach and 4.20 per p-hr in Fort The smooth-billed ani was one of 668 12 adults and nests containing more Lauderdale (Mlodinow and Karlson taxa evaluated in an effort to help than 30 eggs (Blanchard 2000, p. 11). 1999, p. 241). prioritize vertebrate conservation efforts Female-female competition at the nest Numbers appeared to have peaked in in Florida (Millsap et al. 1990, pp. 3– may result in the destruction of other Florida during the period 1968–1976, 57). The evaluation system ranked taxa females’ eggs through egg burial under when the species was recorded north to (species and subspecies) according to nesting material (Blanchard 2000, p. 11). Jacksonville Beach (Duval County) in biological vulnerability, extent of The smooth-billed ani has a large the east and St. Petersburg current knowledge of population status, global population, estimated in 2004 to (Hillsborough County) in the west and management needs (Millsap et al. be 20,000,000 individuals, with less (Mlodinow and Karlson 1999, p. 241; 1990, pp. 3–57). During this ranking than or equal to 1 percent occurring in Quinn and Startek-Foote 2000, section process, the smooth-billed ani was not the United States (Rich et al. 2004, p. 3, p. 2). At that time, numbers observed considered to be an imperiled taxon in 70). Global long-term trend data did not were typically in the 3.0–4.0 per p-hr Florida as indicated from its biological exist at that time (Rich et al. 2004, p. range in Fort Lauderdale, while Fort score, which was based upon facets of 70). In general, little information on Pierce reached 1.87 per p-hr and Sanibel its distribution, abundance, and life global population size or trends was Island/Captiva Island reached 0.41 per history (Millsap et al. 1990, pp. 28–29). available in Service files at the time the p-hr (Mlodinow and Karlson 1999, p. Information available in Service files petition was received. Available 241). By winter 1977–1978, numbers at the time the petition was received information suggested that the smooth- had declined sharply, returning to mid- indicated that, in 2002, the Service’s billed ani’s conservation status was ‘‘not 1960s levels (Mlodinow and Karlson Division of Migratory Bird Management threatened’’ (Quinn and Startek-Foote 1999, p. 241). This decline continued, included the smooth-billed ani as a bird 2000, section 12, p. 1). The species was and by 1988–1989, total numbers were of conservation concern in peninsular not recognized as a National Audubon comparable to those reported in the Florida in its report, entitled ‘‘Birds of Society Watch List Species or 1950s (Mlodinow and Karlson 1999, p. Conservation Concern 2002’’ (Service Stewardship Species (Rich et al. 2004, 241). The decline continued in Florida 2002, p. 68). The purpose of the report p. 70). The Audubon Watch List into the 1990s, and by 1998, the smooth- was to identify migratory and categorizes species on the list if they are billed ani was found locally from the nonmigratory birds of the United States declining rapidly and/or have very Florida Keys north to West Palm Beach and its territories that are of small populations or limited ranges and on the east coast, and north to Collier conservation concern to encourage face major conservation threats (e.g., County on the west coast (Mlodinow coordinated and proactive conservation typically species of global conservation and Karlson 1999, pp. 241–242). actions among Federal, State, and concern) or if the species are either Mlodinow and Karlson (1999, p. 242) private partners (Service 2002, p. 3). declining or rare (e.g., typically species suggested that the status of the smooth- The overall goal of that report was to of national conservation concern). billed ani in Florida in 1998 may be the accurately identify the migratory and The smooth-billed ani is an norm rather than an aberration. nonmigratory bird species (beyond uncommon-to-rare resident of southern Available information in Service files those already designated as federally Florida (Mlodinow and Karlson 1999, p. suggests that the species uses threatened or endangered) that 241). Prior to the 1930s, few records Loxahatchee NWR (Service, annual represented the Service’s highest existed in Florida, suggesting that the narrative reports from 1996 to 2005) and conservation priorities and draw species was rare or poorly known the Florida Keys NWR Complex attention to species in need of (Quinn and Startek-Foote 2000, section (Service, annual narrative reports from conservation action (Service 2002, p. 3). 3, p. 2). Sprunt (1939, pp. 335–336) 1939 to 2003). According to a notation The geographic scope of this endeavor documented the first record of breeding in the 2000 annual narrative report from comprised the United States in its in Florida in 1938. By the late 1930s, the Loxahatchee NWR, local long-time entirety, including island ‘‘territories’’ in species was considered established in birders have indicated that the numbers the Pacific and Caribbean (Service 2002, the Lake Okeechobee area, and of smooth-billed anis in south Florida p. 1). Although the smooth-billed ani subsequently breeding was recorded and on the Refuge have declined was identified as one of 78 birds of elsewhere in south Florida (Quinn and significantly and that annual Christmas conservation concern in the Southeast, Startek-Foote 2000, section 3, p. 2). The Bird Counts are showing the same trend only the U.S. mainland portion of the species’ status in Florida remained (Service 2000, p. 110). Region was identified as of concern; relatively unchanged until the 1960s, The reasons for expansion and Puerto Rico and the U.S. Virgin Islands when increasing numbers were recorded contraction of the species’ range in were not identified as of concern in central and north Florida (Quinn and Florida are not known. Expansion may (Service 2002, p. 68). In addition, the Startek-Foote 2000, section 3, p. 2). have been facilitated by residential report does not include foreign Based upon National Audubon Society development, which resulted in countries. Christmas Bird Counts, the number anthropogenic habitat changes that observed per party hour (p-hr) (average initially favored this species (Mlodinow Evaluation of Information for This number of counts per party per hour and Karlson 1999, p. 242). However, Finding spent censusing) tripled by 1962–63, continued residential and agricultural Section 4 of the Act (16 U.S.C. 1533) reaching 0.17 per p-hr in West Palm development, which reduced suitable and its implementing regulations at 50 Beach and 2.41 per p-hr in Fort habitat, and exceptionally cold winters CFR part 424 set forth the procedures Lauderdale (Mlodinow and Karlson during the 1970s may have contributed for adding a species to, or removing a 1999, p. 241). In the 1960s the species to subsequent declines (Stevenson and species from, the Federal Lists of was fairly common to common from the Anderson 1994, p. 357; Mlodinow and Endangered and Threatened Wildlife Everglades north to Brevard County on Karlson 1999, p. 242). Overall, the and Plants. A species may be

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determined to be an endangered or including the Bahamas. The petition wetland surrounded by an inner zone of threatened species due to one or more states that numerous records in the Dry pine forests and outer zones of of the five factors described in section Tortugas during the last 150 years mangroves and sandy beaches 4(a)(1) of the Act: indicate that the species is capable of (Mlodinow and Karlson 1999, p. 242). (A) The present or threatened traveling from Cuba to Florida (Birds of Substantial anthropogenic changes destruction, modification, or North America Online). The petition beginning in the 1920s, consisting of curtailment of its habitat or range; indicates that the species was reported agricultural development and low-level (B) Overutilization for commercial, in low numbers in Florida during the residential development, may have recreational, scientific, or educational 1800s and early 1900s (Sprunt 1932; created enough suitable habitat for purposes; Bent 1940), with the first report of dispersing anis to successfully colonize (C) Disease or predation; breeding in Florida in 1938 (Sprunt south Florida in the 1930s (Mlodinow (D) The inadequacy of existing 1932; Terres 1980, p. 146). It also cites and Karlson 1999, p. 242). Over time, regulatory mechanisms; or records from Louisiana and North residential development increased and (E) Other natural or manmade factors Carolina dating back to the early 1800s more intensive agricultural practices affecting its continued existence. (Bent 1940). The petition suggests that and other factors may have reduced In considering what factors might the species seems to have experienced suitable habitat and dispersal habitat, constitute threats, we must look beyond an increase in population from the late causing decreased reproductive success the mere exposure of the species to the 1950s through the early 1970s, and then and lower recruitment (Mlodinow and factor to determine whether the species a rapid decline from the 1970s to 2005. Karlson 1999, p. 242). Alsop (2002, p. responds to the factor in a way that The petition claims that smooth-billed 212) noted that the smooth-billed ani is causes actual impacts to the species. If anis are extremely rare everywhere in apparently declining in south Florida as there is exposure to a factor, but no the United States, noting data from the area continues to develop and response, or only a positive response, various National Audubon Society brushland shrub/scrub habitat is lost. that factor is not a threat. If there is Christmas Bird Counts. Information in our files supports the exposure and the species responds The petition indicates that the species statement in the petition that human negatively, the factor may be a threat generally prefers ‘‘open’’ habitats, such population growth and associated land- and we then attempt to determine how as weedy and shrubby fields, pastures, use changes are occurring in peninsular significant a threat it is. If the threat is farmland, and occasionally residential Florida, and that additional growth is significant, it may drive or contribute to areas. Based upon a variety of expected in the future. In the 50 years the risk of extinction of the species such unspecified sources, the petition states prior to 1994, more than 8 million acres that the species may warrant listing as that the species is not commonly found [(3.24 million hectares (ha)] of forest threatened or endangered as those terms in heavily forested or extensive and wetland habitats (roughly 24 are defined by the Act. This does not marshes. percent of the State) were cleared to necessarily require empirical proof of a The petition states that rapid human accommodate an expanding human threat. The combination of exposure and population growth and associated population (Cox et al. 1994, p. i). some corroborating evidence of how the development throughout peninsular Statewide, between 1936 and 1987, species is likely impacted could suffice. Florida, much of it occurring within the cropland and rangeland increased by The mere identification of factors that species’ preferred habitat and historic 4.25 million acres (1.72 million ha), or could impact a species negatively may range, may be a potential contributor to 30 percent; urban areas increased by not be sufficient to compel a finding the decline of the smooth-billed ani. 3.95 million acres (1.60 million ha), or that listing may be warranted. The The petition provides the following 538 percent; herbaceous wetlands information shall contain evidence statement: ‘‘Apparently [the ani is] declined by 3.88 million acres (1.57 sufficient to suggest that these factors declining as southern Florida continues million ha), or 56 percent; and forests may be operative threats that act on the to develop, and the brushland shrub/ declined by 4.30 million acres (1.74 ’’ species to the point that the species may scrub habitat is lost (Alsop 2002). No million ha), or 21 percent (Service meet the definition of threatened or additional information or citations 1999c, p. 4–128). endangered under the Act. relating to habitat loss as a threat are Although some anthropogenic habitat In making this 90-day finding, we given in the petition. changes may initially favor this species, areas where the smooth-billed ani can evaluated whether information Evaluation of Information Provided in be locally found in Florida, from the regarding the threats to the smooth- the Petition and Available in Service Keys north to West Palm Beach on the billed ani, as presented in the petition Files east coast and Collier County on the and other information available in our The smooth-billed ani appears to have west coast (Mlodinow and Karlson files, is substantial, thereby indicating declined from previous high levels in 1999, p. 242), are expected to grow and that the petitioned action may be Florida (Stevenson and Anderson 1994, become more urbanized. The human warranted. Our evaluation of this pp. 356–357; Mlodinow and Karlson population within south Florida information is presented below. 1999, p. 242; National Audubon Society surpassed 1 million (337 persons per A. The Present or Threatened 2005, pp. 1–3). However, it has been square mile (mi2) (130 persons per Destruction, Modification, or suggested that this species’ current square kilometer (km2)) in 1950, 3 Curtailment of Its Habitat or Range status in Florida may be the norm rather million (1,013 persons per mi2 (391 than an aberration (Mlodinow and persons per km2)) in 1970, and 6 million Information Provided in the Petition Karlson 1999, p. 242). It was not until (2,020 persons per mi2 (780 persons per The petition acknowledges that the 1938 that the species was established km2)) in 1990 (Service 1999c, p. 4–127). smooth-billed ani’s historic range in the and breeding in Florida (Sprunt 1939, South Florida’s human population was United States has largely been restricted pp. 335–336; Stevenson and Anderson projected to reach 8.2 million (2,771 to southern Florida (Bent 1940; Terres 1994, p. 355). One hypothesis suggests persons per mi2 (1,070 persons per 1980, p. 146) and that the species is that prior to the World War I era, south km2)) by 2010 (Floyd 1996 as cited in considered common in many parts of its Florida had little suitable smooth-billed Service 1999c, p. 4–127). With range throughout the Caribbean, ani habitat, since it was largely a continuing habitat loss and human

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population growth, it is likely that B. Overutilization for Commercial, In summary, disease is not known to habitat within the smooth-billed ani’s Recreational, Scientific, or Educational be a threat to the species. Although range in south Florida will continue to Purposes information on predation within our be impacted. files is limited, we do not have reason The petition did not contain The petition did not present to believe that predation is a threat to information indicating that habitat loss information, nor do we have the species. Accordingly, we find that and modification are threats to the information in our files, suggesting that the information in our files does not smooth-billed ani elsewhere in its range overutilization is threatening the present substantial scientific or (i.e., outside south Florida). Throughout smooth-billed ani. commercial information indicating that its range, this species uses disturbed C. Disease or Predation the petitioned action may be warranted and human-altered rural and suburban due to disease or predation. The petition did not provide any areas, open areas with brush or scrub, D. The Inadequacy of Existing information concerning disease or plantations, gardens, farmlands, forest Regulatory Mechanisms clearings, cow pastures, and grazing predation. Information available in lands with human habitation (Loflin Service files does not report evidence of The petition did not present 1983 as cited in Quinn and Startek- diseases. For instance, Quinn and information, nor do we have Foote 2000, section 6, p. 1; Quinn and Startek-Foote (2000, section 11, p. 2), information in our files, suggesting that Startek-Foote 2000, section 6, p. 1). found no reports of diseases for this inadequacy of existing regulatory Although the landscape throughout the species. Two species of mallophaga mechanisms is a threat to the species. smooth-billed ani’s considerable range (bird lice) have been reported in the E. Other Natural or Manmade Factors is undoubtedly changing, we do not species (Davis 1940 as cited in Quinn Affecting Its Continued Existence have evidence to suggest that the and Startek-Foote 2000, section 11, p. species is threatened by habitat loss and 2). However, we do not have any Information Provided in the Petition modification. In fact, ongoing information that ties these ectoparasites disturbance of forest habitats by humans to any specific disease affecting the The petition suggests that one popular may create additional suitable habitat smooth-billed ani. Based upon limited explanation for the smooth-billed ani’s for smooth-billed anis, suggesting the information in Service files, disease is recent decline in Florida may have been possibility that populations are not considered to be a threat for the periods of cold temperatures in south increasing within the range of the smooth-billed ani. Florida; however, the petition also provides information that contradicts species (Quinn and Startek-Foote 2000, Evaluation of Information Provided in section 11, p. 3). this explanation. Smooth-billed anis the Petition and Available in Service using the Clewiston area near Lake Information in the petition regarding Files rapid human population growth and Okeechobee were reported to have associated development in Florida is The smooth-billed ani may be survived subfreezing temperatures in the 1940s (reportedly 28 °F in 1944 and supported by information in our files. vulnerable to predators, because it is an ° Although increased habitat loss and awkward, slow-flying bird (Stevenson 26 F in 1947) (Dilley 1948, p. 314). The human population growth may have and Anderson 1994, p. 357). However, petition suggests that the apparent affected the smooth-billed ani in south the species also employs a sentinel increase in the smooth-billed ani’s Florida, reasons for the expansion and system, with usually one individual numbers during the late 1950s and early contraction of its range in Florida are positioned at an open, elevated site to 1960s (National Audubon Society unclear. The species uses a wide array warn others of predators (Loflin 1983 as Christmas Bird Count data) coincides of disturbed and human-altered habitats cited in Quinn and Startek-Foote 2000, with two cold spells, but the beginning (Quinn and Startek-Foote 2000, section section 9, p. 4). In addition, Merritt of the species’ decline in the early 1970s 6, p. 1). Expansion in Florida may have (1953 as cited in Stevenson and does not correlate with a notable period temporarily been facilitated by Anderson 1994, p. 357) has postulated of cold weather (McGovern 2004). The anthropogenic habitat changes that that a very disagreeable odor given off petition indicates that the severest cold initially favored this species; however, when the bird is alarmed ‘‘probably weather to hit south Florida was during the species’ current status in Florida tends to discourage predation.’’ Smooth- the 1980s, when smooth-billed ani may be the norm (Mlodinow and billed anis have been attacked or taken populations continued to decline, but Karlson 1999, p. 242). by sharp-shinned hawks (Accipiter the species’ decline had begun before this time. We currently have no information, striatus), fish crows (Corvus ossifragus), and the petition provided no climbing rats (Rattus rattus), and feral The petition suggests that another information, to support a determination cats (Felis catus) (Loflin 1983 as cited in explanation for this species’ decline in that this factor is a substantial risk to the Quinn and Startek-Foote 2000, section Florida may be hurricanes, but this also species in south Florida or elsewhere in 9, p. 4; Startek 1997 as cited in Quinn does not seem to be reinforced by data. its considerable range. In summary, we and Startek-Foote 2000, section 9, p. 4; The petition indicates that smooth- find that the information provided in Quinn and Startek-Foote 2000, section billed ani populations increased from the petition, as well as other 9, p. 4). In a limited study, Blanchard 1957 to 1974, when at least five information in our files, does not (2000, p. 45) noted a high incidence of hurricanes impacted south Florida. The present substantial scientific or egg and chick predation, documenting petition indicates that as populations commercial information indicating that predation at 7 of 10 nests in Puerto Rico, began to decrease in the 1970s and the petitioned action may be warranted most likely from brown rats (Rattus 1980s, south Florida was struck by only due to destruction, modification, or norvegicus) and feral cats. Predation two hurricanes (Barnes 1998). curtailment of the smooth-billed ani’s rates are not available, but group The petition, citing Birds of North habitat or range, especially given that vigilance likely limits diurnal predation America Online, suggests that possible the species uses a wide array of to low levels (Davis 1940 as cited in ingestion of pesticides resulting from disturbed habitats over a considerable Quinn and Startek-Foote 2000, section this species’ insect diet is another range. 11, p. 2). explanation for its decline.

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The petition suggests, without diet of insects could result in the Finding reference, that smooth-billed anis in the ingestion of pesticides in the In summary, the petition does not United States have undergone agricultural areas that the species often present substantial information, because inexplicable natural population inhabits; they list this as an adverse it does not provide specific information fluctuations for centuries and that no factor that may have contributed to the on threats to the smooth-billed ani and research has been conducted to smooth-billed ani’s decrease in only alludes to possible threats within investigate this phenomenon. abundance in Florida from the late Florida, which is a small portion of the Evaluation of Information Provided in 1970s through 1986. Mlodinow and species’ considerable range. Information the Petition and Available in Service Karlson (1999, p. 242) suggested that in our files indicates that the smooth- Files pesticides may have also reduced food billed ani has a large population size, The Service has only limited sources, and that this reduction was one uses a wide array of disturbed habitats, information regarding the possible possible factor contributing to the and occupies a considerable range. effects of cold temperatures on the decline in Florida. Neither the petition While we agree with the petitioner’s smooth-billed ani. The information nor the Service’s files present general statements about possible causes regarding cold temperatures as a factor information indicating that pesticides for the species’ recent decline in appears to be reliable based upon are a threat to the smooth-billed ani Florida, information in our files suggests limited information in Service files. The elsewhere in its range. that the species’ current status in decrease in numbers of smooth-billed The Service has little information on Florida may be the norm; the species anis in south Florida from the late 1970s natural population fluctuations of the was not known to breed in Florida prior to the late 1930s. Neither the petition through 1986 has been suggested to be smooth-billed ani in Florida or nor our files contain information due possibly to a series of unusually elsewhere in its range. The petition suggesting that threats affecting the cold winters, which may have affected suggests, without reference, that species’ continued existence occur birds directly or indirectly through the smooth-billed anis in the United States reduction of the supply of insects elsewhere in its range. have undergone inexplicable natural As for the threats identified in this (Stevenson and Anderson 1994, p. 357). population fluctuations for centuries Mlodinow and Karlson (1999, p. 242) petition, we found no information to and that no research has been acknowledged that a series of cold suggest that they are acting on the conducted to investigate this winters during the late 1970s likely smooth-billed ani such that the species phenomenon. Based upon limited played a role (citing Robertson and may become extinct now or in the Woolfenden 1992), but suggested that a information in our files, it appears that foreseeable future. continued decrease in the population the species has received relatively little On the basis of our determination does not seem to be explained by research attention. More research is under section 4(b)(3)(A) of the Act, we weather alone. The petition does not needed on the species’ mating system conclude that the petition does not present information, nor does the and genetic relationships, reproductive present substantial scientific or Service have information in our files, and social behaviors, habitat quality, commercial information to indicate that indicating that cold temperatures are a and foraging patterns (Quinn and listing the smooth-billed ani under the threat to the species elsewhere in its Startek-Foote 2000, section 15, p. 1). Act as threatened or endangered may be range. Blanchard (2000, pp. 1–101) studied the warranted at this time. Although we The Service has little information communal breeding system of the will not review the status of the species regarding the possible effects of species in Puerto Rico. The petition did at this time, we encourage interested hurricanes on the smooth-billed ani. not present information indicating that parties to continue to gather data that The petition acknowledges that data do such natural population fluctuations are will assist with the conservation of the not seem to reinforce the explanation a threat to the smooth-billed ani smooth-billed ani. If you wish to that hurricanes caused declines in south elsewhere in its range. We have no provide information regarding the Florida. Also, the petition does not additional information to suggest that smooth-billed ani, you may submit your present information indicating that demographic or other factors are a threat information or materials to the Field hurricanes are a threat to the species to the smooth-billed ani in Florida or Supervisor/Listing Coordinator, South elsewhere in its range. In Jamaica, the elsewhere in its range. Florida Ecological Services Office (see mean number of smooth-billed anis in Information provided by the ADDRESSES), at any time. 10 habitats before and after Hurricane Gilbert in 1988 was not significantly petitioner regarding cold temperatures, References Cited hurricanes, pesticides, and natural different (Wunderle et al. 1992, pp. A complete list of references cited is population fluctuations is generally 164–165). Similarly, no obvious decline available on the Internet at http:// supported by the limited information in in smooth-billed ani abundance was www.regulations.gov or upon request our files. However, we have no observed after Hurricane Georges in from the South Florida Ecological information or data that suggest that Puerto Rico in 1998 (Quinn and Startek- Services Office (see FOR FURTHER such factors are threats to the smooth- Foote 2000, section 11, p. 2). In general, INFORMATION CONTACT). stochastic (random) events are not likely billed ani in south Florida or elsewhere to pose a significant threat to the in its range. In summary, we find that Author smooth-billed ani, due to the species’ the information provided in the The primary author of this notice is considerable population size and petition, as well as other information in Paula Halupa of the South Florida geographic range. our files, does not present substantial Ecological Services Office (see The information provided in the scientific or commercial information ADDRESSES). petition regarding pesticides as a factor indicating that the petitioned action appears to be reliable, based upon may be warranted due to natural or Authority limited information in Service files. anthropogenic factors, especially given The authority for this action is the Stevenson and Anderson (1994, p. 357) that the species appears to have a large Endangered Species Act of 1973, as suggested that the smooth-billed ani’s population over a considerable range. amended (16 U.S.C. 1531 et seq.).

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Dated: April 13, 2011. Rowan W. Gould, Acting Director, U.S. Fish and Wildlife Service. [FR Doc. 2011–9975 Filed 4–25–11; 8:45 am] BILLING CODE 4310–55–P

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