Tuesday, December 28, 2010 Part IV Department of the Interior Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Listing Seven Brazilian Bird Species as Endangered Throughout Their Range; Final Rule VerDate Mar<15>2010 20:55 Dec 27, 2010 Jkt 223001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\28DER3.SGM 28DER3 emcdonald on DSK2BSOYB1PROD with RULES3 81794 Federal Register / Vol. 75, No. 248 / Tuesday, December 28, 2010 / Rules and Regulations DEPARTMENT OF THE INTERIOR erythronotos), Brazilian merganser 1980 petition, we published a (Mergus octosetaceus), cherry-throated substantial 90-day finding on May 12, Fish and Wildlife Service tanager (Nemosia rourei), fringe-backed 1981 (46 FR 26464), for 58 foreign fire-eye (Pyriglena atra), Kaempfer’s species and initiated a status review. 50 CFR Part 17 tody-tyrant (Hemitriccus kaempferi), On January 20, 1984 (49 FR 2485), we published a 12-month finding within an [FWS–R9–IA–2009–0028; 92210–1111– Margaretta’s hermit (Phaethornis 0000–B6] malaris margarettae), and southeastern annual review on pending petitions and rufous-vented ground-cuckoo description of progress on all pending RIN 1018–AV74 (Neomorphus geoffroyi dulcis)—as petition findings. In that notice, we endangered under the Endangered found that all 58 foreign bird species Endangered and Threatened Wildlife Species Act of 1973, as amended (Act; from the 1980 petition were warranted and Plants; Listing Seven Brazilian 16 U.S.C. 1531 et seq.). All of the above but precluded by higher priority listing Bird Species as Endangered species are found in the Atlantic Forest, actions. On May 10, 1985, we published Throughout Their Range with the exception of the Brazilian an annual notice (50 FR 19761), in AGENCY: Fish and Wildlife Service, merganser, which is also found in the which we continued to find that listing Interior. Cerrado Biome. all 58 foreign bird species from the 1980 ACTION: Final rule. We opened the public comment petition was warranted but precluded. period on the proposed rule for 60 days, We published additional annual notices SUMMARY: We, the U.S. Fish and ending October 13, 2009, to allow all on the 58 species included in the 1980 Wildlife Service (Service), determine interested parties an opportunity to petition on January 9, 1986 (51 FR 996); endangered status for the following comment on the proposed rule. July 7, 1988 (53 FR 25511); December seven Brazilian bird species and We are addressing the seven Brazilian 29, 1988 (53 FR 52746); April 25, 1990 subspecies (collectively referred to as bird species identified above under a (55 FR 17475); November 21, 1991 (56 ‘‘species’’ for purposes of this rule) single rule for three reasons. First, all of FR 58664); and May 21, 2004 (69 FR under the Endangered Species Act of these species are found in the Atlantic 29354). These notices indicated that the 1973, as amended (Act) (16 U.S.C. 1531 Forest Biome and Cerrado Biome; thus, black-hooded antwren, cherry-throated et seq.): Black-hooded antwren it is reasonable to address them together tanager, fringe-backed fire-eye, (Formicivora erythronotos), Brazilian within a regional conservation Margaretta’s hermit, and southeastern merganser (Mergus octosetaceus), perspective. Biomes are large geographic rufous-vented ground-cuckoo, along cherry-throated tanager (Nemosia areas such as forests and deserts which with the remaining species in the 1980 rourei), fringe-backed fire-eye (Pyriglena share similar climate and geography and petition, continued to be warranted but atra), Kaempfer’s tody-tyrant consist of similar naturally occurring precluded. (Hemitriccus kaempferi), Margaretta’s vegetation and fauna. Second, each of On May 6, 1991, we received a second hermit hummingbird (Phaethornis these seven species is subject to similar petition (the 1991 petition) from ICBP to malaris margarettae), and southeastern threats of comparable magnitude. The add an additional 53 foreign bird rufous-vented ground-cuckoo major threat to these species is the loss species to the List of Endangered and (Neomorphus geoffroyi dulcis). and degradation of habitat due to Threatened Wildlife, including the 2 deforestation and other ongoing remaining Brazilian bird species DATES: This rule becomes effective development practices affecting (Brazilian merganser and Kaempfer’s January 27, 2011. southeastern Brazil, as well as tody-tyrant) that are the subject of this ADDRESSES: This final rule is available associated threats due to severely rule. In response to the 1991 petition, on the Internet at http:// restricted distributions of these species we published a substantial 90-day www.regulations.gov. Comments and and small, declining populations (such finding on December 16, 1991 (56 FR materials received, as well as supporting as potential loss of genetic viability). 65207), for all 53 species and initiated documentation used in the preparation Third, combining species that face a status review. On March 28, 1994 (59 of this rule, will be available for public similar threats within the same general FR 14496), we published a 12-month inspection, by appointment, during geographic area into one rule allows us finding on the 1991 petition, along with normal business hours at: U.S. Fish and to maximize our limited staff resources, a proposed rule to list 30 African birds Wildlife Service, Endangered Species thus increasing our ability to complete under the Act (15 each from the 1980 Program, 4401 N. Fairfax Drive, Suite the listing process for warranted-but- petition and 1991 petition). In that 400, Arlington, VA 22203. precluded species. document, we announced our finding FOR FURTHER INFORMATION CONTACT: that listing the remaining 38 species Previous Federal Actions Janine Van Norman, Chief, Branch of from the 1991 petition, including the Foreign Species, Endangered Species On November 28, 1980, we received Brazilian merganser and Kaempfer’s Program, U.S. Fish and Wildlife Service, a petition (the 1980 petition) from Dr. tody-tyrant, was warranted but 4401 North Fairfax Drive, Room 420, Warren B. King, Chairman, United precluded by higher priority listing Arlington, VA 22203; telephone 703– States Section of the International actions. We made a subsequent 358–2171; facsimile 703–358–1735. If Council for Bird Preservation (ICBP), to warranted-but-precluded finding for all you use a telecommunications device add 60 foreign bird species to the List outstanding foreign species from the for the deaf (TDD), call the Federal of Endangered and Threatened Wildlife 1980 and 1991 petitions, including the Information Relay Service (FIRS) at (50 CFR 17.11(h)), including 5 of the 7 seven Brazilian bird species that are the 800–877–8339. Brazilian bird species (black-hooded subject of this final rule, as published in SUPPLEMENTARY INFORMATION: antwren, cherry-throated tanager, fringe- our annual notice of review (ANOR) on backed fire-eye, Margaretta’s hermit, May 21, 2004 (69 FR 29354). Background and southeastern rufous-vented ground- Per the Service’s listing priority On August 12, 2009, we published a cuckoo) that are the subject of this final guidelines (September 21, 1983; 48 FR proposed rule (74 FR 154) to list the rule. Two other foreign species 43098), our 2007 ANOR (72 FR 20183, following seven Brazilian bird species— identified in the petition were already April 23, 2007) identified the listing black-hooded antwren (Formicivora listed under the Act. In response to the priority numbers (LPNs) (ranging from 1 VerDate Mar<15>2010 20:55 Dec 27, 2010 Jkt 223001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\28DER3.SGM 28DER3 emcdonald on DSK2BSOYB1PROD with RULES3 Federal Register / Vol. 75, No. 248 / Tuesday, December 28, 2010 / Rules and Regulations 81795 to 12) for all outstanding foreign Summary of Comments and reviewers generally agreed that the species. The LPNs for the seven Recommendations description of the biology and habitat Brazilian bird species that are the In the proposed rule published on for each species was accurate and based subject of this final rule are as follows: August 12, 2009 (74 FR 154), we on the best available information. New The black-hooded antwren, Brazilian requested that all interested parties location data were provided for the merganser, cherry-throated tanager, submit information that might Brazilian merganser and the cherry- fringe-backed fire-eye, and Kaempfer’s contribute to the development of a final throated tanager, and we incorporated tody-tyrant are LPN 2; and the rule. We also contacted appropriate the information into the rulemaking as Margaretta’s hermit and southeastern scientific experts and organizations and appropriate. rufous-vented ground-cuckoo are LPN 3. invited them to comment on the Atlantic Forest and Cerrado Biome— Listing priorities of 2 and 3 indicate that proposed listings. We received four Habitat Descriptions the subject species and subspecies, comments on the proposed rule, respectively, face imminent threats of The Atlantic Forest Biome and the including two from peer reviewers and Cerrado Biome, in which all of these high magnitude. With the exception of two from the public. One comment from listing priority ranking of 1, which species occur, are two main ecological the public expressed support for the regions that exist almost entirely in addresses monotypic genera that face proposed listings but provided no imminent threats of high magnitude, Brazil. The Atlantic Forest extends substantive information. Based on our along the Atlantic coast of Brazil from categories 2 and 3 represent the request in our proposed rule for Service’s highest priorities. Rio Grande do Norte in the north to Rio information on climate change, this Grande do Sul in the south, and inland On July 29, 2008 (73 FR 44062), we commenter requested that we take as far as Paraguay and Misiones published in the Federal Register a climate change into account when Province of northeastern Argentina notice announcing our annual petition evaluating threats to the cherry-throated (Morellato and Haddad 2000, pp.