Listing Five Foreign Bird Species in Colombia and Ecuador, South America, As Endangered Throughout Their Range; Final Rule
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Vol. 78 Tuesday, No. 209 October 29, 2013 Part IV Department of the Interior Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Listing Five Foreign Bird Species in Colombia and Ecuador, South America, as Endangered Throughout Their Range; Final Rule VerDate Mar<15>2010 18:44 Oct 28, 2013 Jkt 232001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\29OCR4.SGM 29OCR4 mstockstill on DSK4VPTVN1PROD with RULES4 64692 Federal Register / Vol. 78, No. 209 / Tuesday, October 29, 2013 / Rules and Regulations DEPARTMENT OF THE INTERIOR endangered or threatened we are proposed for these five foreign bird required to publish in the Federal species as endangered, following careful Fish and Wildlife Service Register a proposed rule to list the consideration of all comments we species and, within 1 year of received during the public comment 50 CFR Part 17 publication of the proposed rule, a final periods. rule to add the species to the Lists of [Docket No. FWS–R9–IA–2009–12; III. Costs and Benefits 4500030115] Endangered and Threatened Wildlife and Plants. On July 7, 2009, we We have not analyzed the costs or RIN 1018–AV75 published a proposed rule in which we benefits of this rulemaking action determined that the blue-billed because the Act precludes consideration Endangered and Threatened Wildlife curassow, brown-banded antpitta, Cauca of such impacts on listing and delisting and Plants; Listing Five Foreign Bird guan, gorgeted wood-quail, and determinations. Instead, listing and Species in Colombia and Ecuador, Esmeraldas woodstar currently face delisting decisions are based solely on South America, as Endangered numerous threats and warrant listing the best scientific and commercial Throughout Their Range under the Act as endangered species (74 information available regarding the AGENCY: Fish and Wildlife Service, FR 32308). Therefore, we proposed status of the subject species. Interior. listing all five species as endangered. Previous Federal Action This final rule constitutes our final ACTION: Final rule. determination for these species as On November 24, 1980, the Service received a petition (1980 petition) from SUMMARY: We, the U.S. Fish and required by the Act. Dr. Warren B. King, Chairman of the Wildlife Service (Service), hereby list II. Major Provision of the Regulatory International Council for Bird four Colombian species, the blue-billed Action Preservation (ICBP), to add 60 foreign curassow (Crax alberti), brown-banded Under the Endangered Species Act, bird species to the List of Endangered antpitta (Grallaria milleri), Cauca guan and Threatened Wildlife (50 CFR (Penelope perspicax), and gorgeted we are required to determine whether a species is endangered or threatened 17.11(h)), including two species from wood-quail (Odontophorus strophium), Colombia (the Cauca guan and the and one Ecuadorian species, the because of any of the following factors: (A) The present or threatened gorgeted wood-quail). In response to the Esmeraldas woodstar (Chaetocercus 1980 petition, we published a positive berlepschi), as endangered under the destruction, modification, or curtailment of its habitat or range; (B) 90-day finding on May 12, 1981 (46 FR Endangered Species Act of 1973 (Act) overutilization for commercial, 26464), to initiate a status review for 58 (16 U.S.C. 1531 et seq.), as amended. recreational, scientific, or educational foreign species, noting that two of the This final rule implements the Federal purposes; (C) disease or predation; (D) species identified in the petition were protections provided by the Act for the inadequacy of existing regulatory already listed under the Act. On January these species. mechanisms; or (E) other natural or 20, 1984 (49 FR 2485), we published a DATES: This rule becomes effective manmade factors affecting its continued 12-month finding within an annual November 29, 2013. existence. We have determined that the review on pending petitions and ADDRESSES: This final rule is available blue-billed curassow, Cauca guan, and description of progress on all species on the Internet at http:// gorgeted wood-quail are facing threats petition findings addressed therein. In www.regulations.gov and comments and due to all of these five factors, and the that notice, we found that all 58 foreign materials received, as well as supporting brown-banded antpitta and Esmeraldas bird species from the 1980 petition were documentation used in the preparation woodstar are facing threats due to four warranted but precluded by higher- of this rule, will be available for public of these five factors (factors A, C, D, and priority listing actions. On May 10, inspection, by appointment, during E). 1985, we published the first annual normal business hours at: U.S. Fish and In this final rule, we utilize public notice (50 FR 19761), in which we Wildlife Service, 4401 N. Fairfax Drive, comments and peer review to inform continued to find that listing all 58 Suite 400, Arlington, VA 22203. our final determination, as required foreign bird species from the 1980 FOR FURTHER INFORMATION CONTACT: under the Act. When we published the petition was warranted but precluded. Janine Van Norman, Chief, Branch of proposed rule on July 7, 2009, we In our next annual notice, published on Foreign Species, Endangered Species opened a 60-day comment period on the January 9, 1986 (51 FR 996), we found Program, U.S. Fish and Wildlife Service, proposed listing for these five species. that listing 54 species from the 1980 4401 N. Fairfax Drive, Room 420, On November 10, 2009, we reopened petition, including the two Colombian Arlington, VA 22203; telephone 703– the comment period for an additional 60 species mentioned above, continued to 358–2171; facsimile 703–358–1735. If days (74 FR 57987). During the be warranted but precluded, whereas you use a telecommunications device comment periods, we sought comments new information caused us to find that for the deaf (TDD), you may call the from independent specialists (peer listing four other species in the 1980 Federal Information Relay Service reviewers) on the specific assumptions petition was no longer warranted. We (FIRS) at 800–877–8339. and conclusions in our listing proposal published additional annual notices on to ensure that the designation of these the remaining 54 species included in SUPPLEMENTARY INFORMATION: species as endangered is based on the 1980 petition on July 7, 1988 (53 FR Executive Summary scientifically sound data, assumptions, 25511); December 29, 1988 (53 FR and analyses. In addition, we sought 52746); and November 21, 1991 (56 FR I. Purpose of the Regulatory Action comments from interested parties and 58664), in which we indicated that the Under the Endangered Species Act the general public. We considered all Cauca guan and the gorgeted wood- (Act), a species may warrant protection comments and information received quail, along with the remaining species through listing if it is an endangered or during the comment periods. In this in the 1980 petition, continued to be threatened species throughout all or a final rule, we present and respond to warranted but precluded. significant portion of its range. Under peer reviewer and public comments. On May 6, 1991, we received a the Act, if a species is determined to be This rule finalizes the protection petition (1991 petition) from Alison VerDate Mar<15>2010 18:44 Oct 28, 2013 Jkt 232001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\29OCR4.SGM 29OCR4 mstockstill on DSK4VPTVN1PROD with RULES4 Federal Register / Vol. 78, No. 209 / Tuesday, October 29, 2013 / Rules and Regulations 64693 Stattersfield, of ICBP, to add 53 species these species. Combining species that comments included additional of foreign birds to the List of face similar threats within the same information for consideration; the Endangered and Threatened Wildlife, general geographic area into one remaining three comments simply including the blue-billed curassow and proposed rule allows us to maximize supported the proposed listing without the brown-banded antpitta, from our limited staff resources, thus providing scientific or commercial data. Colombia, and Esmeraldas woodstar, increasing our ability to complete the from Ecuador. In response to the 1991 listing process for warranted-but- Peer Review petition, we published a positive 90-day precluded species. In accordance with our policy finding on December 16, 1991 (56 FR On July 7, 2009, the Service published published on July 1, 1994 (59 FR 65207), for all 53 species and in the Federal Register a rule proposing 34270), we solicited expert opinions announced the initiation of a status to list these five foreign bird species as from individuals with scientific review. On March 28, 1994 (59 FR endangered under the Act (74 FR expertise that included familiarity with 14496), we published a 12-month 32308). Following publication of the the species, the geographic region in finding on the 1991 petition, along with proposed rule, we implemented the which the species occurs, and a proposed rule to list 30 African birds Service’s peer review process and conservation biology principles. We under the Act (15 each from the 1980 opened a 60-day comment period to received responses from four of the peer petition and 1991 petition). In that solicit scientific and commercial reviewers from whom we requested document, we announced our finding information on the species from all comments. They generally agreed that that listing the remaining 38 species interested parties. For more detailed the description of the biology and from the 1991 petition, including the information on previous Federal habitat for the species was accurate and blue-billed curassow and the brown- actions, please refer to the July 2009 based on all relevant literature. Some banded antpitta, from Colombia, and proposed rule. new information was provided for one Esmeraldas woodstar, from Ecuador, On November 10, 2009, the Service of the species, as described below.