[Federal Register: June 23, 2010 (Volume 75, Number 120)]
[Proposed Rules]
[Page 35746-35751]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23jn10-39]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[FWS-R9-ES-2009-0094]
[MO92210-0-0010-B6]
Endangered and Threatened Wildlife and Plants; 90-Day Finding on
a Petition to List the Honduran Emerald Hummingbird as Endangered
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of 90-day petition finding and initiation of status
review.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce a
90-day finding on a petition to list as endangered under the Endangered
Species Act of 1973, as amended (Act), the Honduran emerald hummingbird
(Amazilia luciae). We find that the petition presents substantial
scientific or commercial information indicating that listing the
Honduran emerald hummingbird may be warranted. Therefore, with the
publication of this notice, we are initiating a status review of the
Honduran emerald hummingbird to determine if listing is warranted. To
ensure that the status review is comprehensive, we are soliciting
information and data regarding this species.
DATES: To allow us adequate time to conduct this review, we request
that we receive information on or before August 23, 2010. After this
date, you must submit information directly to the address in the FOR
FURTHER INFORMATION CONTACT section). Please note that we may not be
able to address or incorporate information that we receive after the
above requested date.
ADDRESSES: You may submit comments by one of the following methods:
Electronically: Go to the Federal eRulemaking Portal:
http://www.regulations.gov. In the Keyword box, enter Docket No. FWS-
R9-ES-2009-0094 which is the docket number for this rulemaking. Then,
in the Search panel on the left side of the screen under the Document
Type heading, click on the Proposed Rules link to locate this document.
You may submit a comment by clicking on ``Send a Comment or
Submission.''
By hard copy: Submit by U.S. mail or hand-delivery to:
Public Comments Processing, Attn: FWS-R9-ES-2009-0094; Division of
Policy and Directives Management; U.S. Fish and Wildlife Service; 4401
N. Fairfax Drive, Suite 222; Arlington, VA 22203.
We will post all comments on http://www.regulations.gov. This
generally means that we will post any personal information you provide
us (see the Information Solicited section below for more details).
FOR FURTHER INFORMATION CONTACT: Nicole Alt, Chief, Division of
Conservation and Classification, Endangered Species Program, U.S. Fish
and Wildlife Service, 4401 N. Fairfax Drive, Room 420, Arlington, VA
22203; telephone 703-358-2171; facsimile 703-358-1735. If you use a
telecommunications device for the deaf (TDD), call the Federal
Information Relay Service (FIRS) at 800-877-8339.
SUPPLEMENTARY INFORMATION:
Request for Information
When we make a finding that substantial information is presented to
indicate that listing a species may be warranted, we are required to
promptly review the status of the species (status review). To ensure
that the status review is complete and based on the best available
scientific and commercial information, we request information on the
Honduran emerald hummingbird. We request scientific and commercial
information from the public, concerned governmental agencies, the
scientific community, industry, or any other interested parties on the
status of the Honduran emerald hummingbird, throughout its range,
including but not limited to:
(1) Information on taxonomy, distribution, habitat selection and
trends (especially breeding and foraging habitats), diet, and
population abundance and trends (especially current recruitment data)
of this species.
(2) Information on the effects of habitat loss and changing land
uses on the distribution and abundance of this species and its
principal food sources over the short and long term.
(3) Information on whether changing climatic conditions are
affecting the species, its habitat, or its prey base.
(4) Information on the effects of other potential threat factors,
including live capture and collection, domestic and international
trade, predation by other animals, and diseases of this species or its
principal food sources over the short and long term.
(5) Information on management programs for hummingbird
conservation, including mitigation measures related to conservation
programs, and any other private, tribal, or governmental conservation
programs that benefit this species.
(6) Information relevant to whether any populations of this species
may qualify as distinct population segments.
(7) Information on captive populations and captive breeding and
domestic trade of this species in the United States
(8) Genetics and taxonomy;
(9) The factors that are the basis for making a listing
determination for a species under section 4(a) of the Act (16 U.S.C.
1531 et seq.), which are:
(a) The present or threatened destruction, modification, or
curtailment of its habitat or range;
(b) Overutilization for commercial, recreational, scientific, or
educational purposes;
(c) Disease or predation;
(d) The inadequacy of existing regulatory mechanisms; or
(e) Other natural or manmade factors affecting its continued
existence.
Please include sufficient information with your submission (such as
full references) to allow us to verify any scientific or commercial
information you include.
We will base our status review on the best scientific and
commercial information available, including all information we receive
during the public comment period. Please note that
[[Page 35747]]
comments merely stating support or opposition to the actions under
consideration without providing supporting information, although noted,
will not be part of the basis of this determination, as section
4(b)(1)(A) of the Act directs that determinations as to whether any
species is a threatened or endangered species shall be made ``solely on
the basis of the best scientific and commercial data available.'' At
the conclusion of the status review, we will issue the 12-month finding
on the petition, as provided in section 4(b)(3)(B) of the Act.
You may submit your information concerning this status review by
one of the methods listed in the ADDRESSES section. If you submit
information via http://www.regulations.gov, your entire submission--
including any personal identifying information--will be posted on the
website. If you submit a hardcopy that includes personal identifying
information, you may request at the top of your document that we
withhold this personal identifying information from public review.
However, we cannot guarantee that we will be able to do so. We will
post all hardcopy submissions on http://www.regulations.gov.
Information and materials we receive, as well as supporting
documentation we used in preparing this finding, will be available for
public inspection on http://www.regulations.gov, or by appointment,
during normal business hours, at the U.S. Fish and Wildlife Service,
Endangered Species Program, Branch of Listing (see FOR FURTHER
INFORMATION CONTACT).
Background
Section 4(b)(3)(A) of the Act requires that we make a finding on
whether a petition to list, delist, or reclassify a species presents
substantial scientific or commercial information to indicate that the
petitioned action may be warranted. We are to base this finding on
information provided in the petition, supporting information submitted
with the petition, and information otherwise available in our files. To
the maximum extent practicable, we are to make this finding within 90
days of our receipt of the petition and publish our notice of this
finding promptly in the Federal Register.
Our standard for substantial information within the Code of Federal
Regulations (CFR) with regard to a 90-day petition finding is ``that
amount of information that would lead a reasonable person to believe
that the measure proposed in the petition may be warranted'' (50 CFR
424.14(b)). If we find that substantial scientific or commercial
information was presented, we are required to promptly review the
status of the species, which is subsequently summarized in our status
review (also referred to as a 12-month finding).
Petition History
On October 28, 2008, the Service received a petition dated October
28, 2008, from Mr. David Anderson of Louisiana State University on
behalf of The Hummingbird Society of Sedona, Arizona; The Hummingbird
Conservancy of Butte, Montana; Clos LaChance of San Martin, California;
Honduran Environmental Network for Sustainable Development of La Ceiba,
Honduras; Fundaci[oacute]n Parque Nacional Pico Bonito of La Ceiba,
Honduras; EcoLogic Development Fund of Cambridge, Massachusetts; and
Crowell and Moring, LLP of the District of Columbia, requesting that we
list the Honduran emerald hummingbird as endangered under the Act. The
petition clearly identified itself as a petition and included the
requisite identification information required at 50 CFR 424.14(a). In
response to the petitioners' request, we sent a letter to Mr. Anderson
dated December 5, 2008, that acknowledged receipt of the petition. The
petition also included a letter from the Honduras Ambassador, Roberto
Flores Bermudez, to Secretary Salazar, dated January 23, 2009, in
support of this petition. We also received subsequent letters
supporting the petition to list this species from the Francis Lewis
High School Key Club on February 12, 2009, the Lehman College Key Club
on February 26, 2009, and the Ecologic Development Fund on April 8,
2009. This finding addresses this petition to list this species as
endangered.
Previous Federal Actions
There have been no previous Federal actions concerning this
species.
Species Information
Description and Taxonomy
The Honduran emerald hummingbird is in the family Trochilidae
(Birdlife International (BLI) 2008, p. 1). The species is medium sized
with an average length of 9.5 centimeters (cm) (3.7 inches (in)) (BLI
2008, p. 2). As do all hummingbirds, this hummingbird exhibits slight
sexual dimorphism demonstrated in the coloring of the plumage. The male
has an iridescent blue-green throat and upper chest, occasionally with
a grey mottled coloring. The back is an emerald green color, the
ventral side of the bird is pale grey with mottled green sides, and the
tail is bright green with a bronze hint on the upper tail coverts (BLI
2008, p. 1). The bill is black with a red mandible and dark tip. The
plumage of the female is less brilliant (BLI 2008, p. 2). The tail of
the female contains a grey tip, and the band of distinctive color on
the throat of the female hummingbird is narrower, with pale edges (BLI
2008, p. 2; Monroe 1968, p. 183). Juveniles have grayish throats
spotted with turquoise (BLI 2008, p. 2).
The species was first taxonomically described by Lawrence in 1867
and placed in the Trochilidae family as Amazilia luciae (UNEP-WCMC
2009a, p. 1). According to the Convention on International Trade in
Endangered Species of Wild Fauna and Flora (CITES) species database,
the Honduran emerald hummingbird is also known by the synonyms
Polyerata luciae and Thaumatias luciae (UNEP-WCMC 2009a, p. 1). Both
CITES and BirdLife International recognize the species as Amazilia
luciae (BLI 2008, p. 1). Therefore, we accept the species as Amazilia
luciae, which follows the Integrated Taxonomic Information System (ITIS
2009). Common names for the species include Honduran emerald
hummingbird (English), Ariane De Lucy (French), and Esperalda
Hondure[ntilde]a (Spanish).
Distribution
The Honduran emerald hummingbird is endemic to Honduras (BLI 2008
p. 2; Collar et al. 1992, p. 493; Thorn et al. 2000, p. 3). The
historic range of the species spanned six sites in four Departments
(similar to ``States'' in the United States) in Honduras, including:
Santa Barbara, Santa Barbara Department (recorded in May 1935) (Monroe
1968, p. 182); Cofradi[aacute], Cortes Department (recorded March 1933)
(Monroe 1968, p. 182); Coyoles, Yoro Department (recorded June 1948 and
1950) (Monroe 1968, p. 182); Olanchito, Yoro Department (recorded June
1988) (Howell and Webb 1989, pp. 642-643); El Boquer[oacute]n, Olancho
Department (recorded September 1937) (Monroe 1968, p. 182); Catacamas,
Olancho Department (recorded August 1937) (Monroe 1968, p. 182) and
March 1991 (Howell and Webb 1992, pp. 46-47). There are no records of
the Honduran emerald hummingbird between 1950 and 1988. In 1988, the
species was found to be common in Olanchito and Coyoles, which are
located 16 kilometers (km) (9 miles (mi)) apart (BLI 2008, p. 2). In
March 1991, Howell and Webb (1992, pp. 46-47) reported that between 22
and 28 individuals were found in a patch of habitat measuring
[[Page 35748]]
500 x 50 meters (m) (1,640 x 164 feet (ft)) near Olanchito. The bird
was found in 1996 in the Agalta Valley on less than 1 km\2\ (247 acres
(ac)) of suitable habitat (BLI 2008, p. 3).
According to the petition, the bird has recently only been observed
in two valleys, Valle de Agu[aacute]n in Yoro and Valle de Agalta in
Olancho. This information is supported by Thorn et al. (2000), whereby
the species was reported in San Esteban, located in the Agalta Valley,
Olancho Department, and Olanchito and Coyoles in the Agu[aacute]n
Valley of the Yoro Department (pp. 22-23). A 2007 expedition (Anderson
and Hyman 2007, p. 6) reported species occurrences in a third site, the
Telica Valley, Olancho Department, and confirmed species occurrences in
the Agalta Valley near San Esteban.
Habitat Characteristics
The Honduran emerald hummingbird prefers arid interior valleys of
thorn forest and shrub. Most of the hummingbird's occurrences have been
noted at elevations below 410 meters (m) (1,345 feet (ft)); however,
one occurrence is recorded at 1,220 m (4,003 ft) (Collar et al. 1992,
p. 494; Collar et al. 1994, p. 119; BLI 2008, p. 3). In the Coyoles
area, the thorn forest is primarily comprised of Mimosaceae (herbaceous
and woody species), Cactaceae (cactus species), and Euphorbiaceae
(herbs, shrubs, trees, and some succulent species) (Collar et al. 1992,
p. 494). Thorn et al. (2000, p. 23) observed that habitat with abundant
flowers, red in particular, appear to be a critical characteristic for
suitable habitat. The petitioners state that the species is a habitat
specialist and claim that it cannot survive without suitable habitat.
Life History
The petition provides very limited information on the life history
of the Honduran emerald hummingbird and, based on the information
available in our files, little life history information exists on this
species. As with all hummingbird species, the Honduran emerald relies
on nectar-producing flowers for food but also relies on insects and
spiders as a source of protein (BLI 2008, p. 3; Collar et al. 1992, p.
494). Specifically, the hummingbird has been observed feeding on the
following plants: Pithecellobium lentiscifolium (no common name (NCN),
in the Leguminosae-caesalpinioideae family), Aechmea cf. bracteata
(NCN, in the Bromeliaceae family), Pedilanthus cf. tithymaloides (NCN,
in the Euphorbiaceae family), and organ pipe cactus (which is likely to
be either Lemaireocereus or Cephalocereus) (Collar et al. 1992, p. 494;
Howell and Webb 1989, p. 643).
The petitioners also indicate that following plant species are food
sources for this hummingbird: Nopalea hondurensis (paddle cactus, in
the Cactaceae family), Stenocereus yunckeri (NCN, in the Cactaceae
family), Pilosocereus leucocephalus (NCN, in the Cactaceae family),
Melocactus curvispinus (NCN, in the Cactaceae family), Bromelia
plumieri (NCN, in the Bromeliaceae family), Tillandsia fasiculata (NCN,
in the Bromeliaceae family), Tillandsia bracycaulus (NCN, in the
Bromeliaceae family), Achmea bracteata (NCN, in the Bromeliaceae
family), Pedilanthus camporum (NCN, in the Euphorbiaceae family),
Combretum fruticosum (Orange Flame Vine, in the Combretaceae family),
Psittacanthus rhyncanthus (NCN, in the Loranthaceae family), and
Aphelandra deppeana (NCN, in the Acanthaceae family).
There is limited information available on the Honduran emerald
hummingbird's behavior; it is generally identified by its plumage. In
1988, one bird was observed defending a territory of 10 m\2\ (108
ft\2\), suggesting that the species may be territorial (Collar et al.
1992, p. 493; Howell and Webb 1989, p. 643), as are many hummingbird
species. In June 1988, Howell and Webb (1989, p. 643) observed several
birds feeding at heights between 0.5 to 10 m (2 to 32 ft), and observed
a bird with fresh plumage singing. Collar et al. (1992, p. 494) thought
that the observation may have been made during the species' breeding
season.
Conservation Status
In 1987, the Honduran emerald hummingbird was listed in CITES
Appendix II, which includes species that are not necessarily threatened
with extinction, but may become so unless trade is subject to strict
regulation to avoid utilization incompatible with the species'
survival. International trade in specimens (dead or live) of Appendix
II species is authorized through a system of permits or certificates
under certain circumstances. This process includes verification that
trade will not be detrimental to the survival of the species in the
wild, and that the material was legally acquired (UNEP-WCMC 2009a). In
1990, the Honduran emerald hummingbird was placed on the International
Union for Conservation of Nature (IUCN) Red list as endangered, and the
status changed to critically endangered in 2000 (IUCN 2008; UNEP-WCMC
2009a, p. 2).
The 2008 petition claims that the current global population may be
between 500 and 2,000 breeding pairs. However, BirdLife International
estimated (2009, p. 2) that the population is between 250 and 999 birds
with a decreasing trend, within a range of 12 km\2\ (2,965 ac).
Evaluation of Information for this Finding
Section 4 of the Act (16 U.S.C. 1533) and its implementing
regulations at 50 CFR 424 set forth the procedures for adding species
to the Federal List of Endangered and Threatened Wildlife and Plants. A
species may be determined to be an endangered or threatened species due
to one or more of the five factors described in section 4(a)(1) of the
Act: (A) present or threatened destruction, modification, or
curtailment of habitat or range; (B) overutilization for commercial,
recreational, scientific, or educational purposes; (C) disease or
predation; (D) the inadequacy of existing regulatory mechanisms; or (E)
other natural or manmade factors affecting its continued existence.
In making this 90-day finding, we evaluated whether information
concerning threats to the Honduran emerald hummingbird, as presented in
the petition and clarified by information available in our files at the
time of the petition review, constitutes substantial scientific or
commercial information such that listing under the Act may be
warranted. Our evaluation of this information is presented below.
A. The Present or Threatened Destruction, Modification, or Curtailment
of its Habitat or Range
The petition presents numerous assertions regarding the present or
threatened destruction, modification, or curtailment of the Honduran
emerald hummingbird's habitat or range. The petition received on
October 28, 2008, reported that in 2000, a survey was conducted on this
species and found that it occurs in dry tropical forest and has
specific habitat requirements which were described above (Anderson and
Hyman 2007, pp. 1-4). The petitioners estimate that 90 percent of the
original habitat of the Honduran emerald hummingbird no longer exists;
it was converted to cattle pastures and plantation agriculture
(Anderson 2008, p. 11). They indicate that as of the year 2000, only
8,495 hectares (ha) (20,092 ac) (Thorn et al 2008, p. 25) of the
species' dry forest habitat remain of what were 16,000 ha (39,537 ac)
in 1977 and 30,000 ha (74,132 ac) in 1938.
[[Page 35749]]
The petition indicated that the hummingbird is no longer found in
the Santa B[aacute]rbara and Corte Departments because all of the
original thorn forest has been cleared for housing, towns, agriculture,
and cattle grazing. This is supported by information provided with the
petition (Stattersfield and Capper 2000, p. 311). Remaining habitat in
the Agu[aacute]n valley (Yoro Department) and Agalta Valley (Olancho
Department) is privately owned as large haciendas (plantations or
farms), where cattle grazing, clearing for cattle, and plantation
agriculture continues to occur (Stattersfield and Capper 2000, p. 311).
Thorn forests have been cleared in the Agu[aacute]n Valley to create
banana and plantain plantations and rice farms, as well as pasture for
cattle (Stattersfield and Capper 2000, p. 311). In 2000, Thorn et al.
stated that the remaining 150 ha (371 ac) of habitat in San Esteban,
south of Boquer[oacute]n in the Olancho Department, was disturbed by
cattle grazing and rice farming (p. 22).
The petition asserts that roads have also been constructed through
Honduran emerald habitat and that these roads are having a detrimental
effect on the species. The petition provides a photograph of a road
construction project widening the principle highway between Olanchito
and Yoro, spanning 57 km (35 mi). The photo is indicative of previously
suitable habitat that had been removed in Olanchito (Stattersfield and
Capper 2000, p. 311; Thorn et al. 2000, p. 4). Researchers reported on
plans to pave and extend this road through the range of the species,
and suggested that the road would further exacerbate habitat loss (BLI
2000, p. 311, Thorn et al., p. 32).
Based on the information provided in the petition (p. 3) and the
supporting information with respect to the present or threatened
destruction, modification, or curtailment of its habitat or range,
there appears to be a decrease in the species' suitable habitat.
Conversion of land previously known to contain Honduran emerald
hummingbirds to agriculture and an apparent decrease in reported
occurrences of Honduran emerald hummingbirds between 1988 and 1996
indicate that there may be a decline in suitable habitat (Collar et al
1992, p. 494; Stattersfield and Capper 2000, p. 311). For example, in
1988 the species was known to be common in Olanchito and Coyoles (BLI
2000, p. 311). BirdLife International reported that in 1991, between 22
and 28 individuals were found in 2.5 km\2\ (618 ac) of habitat in
Olanchito. In 1996 the Honduran emerald hummingbird was found in less
than 1 km\2\ (247 ac) of habitat in the Agalta valley (Olancho
Department), northeast of Gualaco (Stattersfield and Capper 2000, p.
311). This species appears to have undergone a sharp decline in the
past 60 years as much of the once vast arid habitat has been converted
to other uses.
Although data on this species is limited, the information above
indicates that these activities are significant threats to the species'
habitat. We generally find that the information presented by the
petitioner appears to be reliable in regard to the amount of habitat
modification and alteration due to road construction that has occurred
within the range of the Honduran emerald hummingbird. In addition, the
information presented in the petition, as well as the information in
our files, relating to threats to the Honduran emerald hummingbird and
its habitat from dry forest clearing for cattle grazing, agricultural
development, road construction, and residential development appears to
be reliable and substantial. Based on the information presented in the
petition and available in our files, we find that the petition presents
substantial information that may that listing the Honduran emerald
hummingbird as a threatened or endangered species may be warranted due
to present or threatened destruction, modification, or curtailment of
its habitat or range.
B. Overutilization for Commercial, Recreational, Scientific, or
Educational Purposes
The petition does not provide information or list any threats to
the Honduran emerald hummingbird from overutilization for commercial,
recreational, scientific, or educational purposes. Since its listing
under CITES Appendix II in 1987, only two CITES-permitted international
transactions of the Honduran emerald hummingbird are known, those being
from Germany to the United States in 1996 (UNEP-WCMC 2009b). Therefore,
we believe that international trade is not a factor influencing the
species' status in the wild. In addition, we are unaware of any other
information currently available that indicates that collection or
overutilization of the Honduran emerald hummingbird for commercial,
recreation, scientific, or education purposes has occurred. As a
result, we have determined that the petition does not present
substantial information that the Honduran emerald hummingbird may be
threatened by overutilization for commercial, recreational, scientific,
or educational purposes. However, we will evaluate all factors,
including potential threats from overutilization for commercial,
recreational, scientific, or educational purposes, when we conduct our
status review.
C. Disease or Predation
The petition does not provide information or indicate that there
are any threats to the Honduran emerald hummingbird from disease or
predation. The Intergovernmental Panel on Climate Change (2007, p. 51)
suggests that the distribution of some disease vectors may change as a
result of climate change. However, the Service has no information at
this time to suggest that any specific diseases are or may become
problematic to the Honduran emerald hummingbird. As a result, we have
determined that the petition does not present substantial information
that the Honduran emerald hummingbird may be threatened by disease or
predation. However, we will evaluate all factors, including threats
from disease and predation, when we conduct our status review.
D. The Inadequacy of Existing Regulatory Mechanisms
The petition provides little information regarding the inadequacy
of existing regulatory mechanisms. The petition mentions a prohibition
of livestock grazing in some areas to protect Honduran emerald
hummingbird habitat. The petition does not provide information on who
established the prohibition or exact locations and extent of the
prohibition. The petition does not provide information on current laws
or policies that would serve to protect the Honduran emerald
hummingbird.
The Honduran emerald hummingbird is listed on Appendix II of CITES.
Appendix II lists species that are not necessarily now threatened with
extinction but that may become so unless trade is closely controlled.
CITES records indicate that two individuals were traded from Germany to
the United States in 1996. CITES only regulates international trade of
species listed on CITES Appendices and does not regulate the species
within in its country of origin. Due to the apparent very limited
international trade in this species, we do not believe that trade and
the regulations governing international trade pose a threat to this
species. Based on the petition and the information in our files, we
have determined that the petition does not present substantial
information that the Honduran emerald hummingbird may be threatened by
inadequacy of existing regulatory mechanisms. However, we will evaluate
all factors, including the inadequacy of
[[Page 35750]]
existing regulatory mechanisms, when we conduct our status review.
E. Other Natural or Manmade Factors Affecting Continued Existence
The petitioners point out that the small population size increases
the species' risk of extinction and assert three reasons why this is a
threat to this species:
(1) Small, declining populations are less able to sustain
stochastic (random) events such as fires and severe storm events;
(2) Genetic bottlenecks (dramatic reductions in population and thus
of genetic variability) reduce the reproductive fitness of small
populations, which cause a drop in the species reproduction rate; and
(3) fragmented habitat patches may lack all of the resources the
species needs to sustain a viable population, which in turn reduces the
birds' ability to locate needed resources.
Due to the factors above, the petitioners suggested that stochastic
events may push a small population past a threshold that causes
extinction despite the presence of suitable habitat.
Because small populations may be vulnerable to single event
occurrences, as suggested in the petition, it is important to have
information on how likely it is such an event may occur (such as
referencing historical frequency of that event), whether the specific
event might impact the species (for example, whether habitat
fragmentation would affect the species), what form that impact would
take and by what mechanism it might affect the species (in other words,
what specific life history function, habitat requirement, or other need
of the species might be impacted and how), and whether the possible
impact would likely result in a significant threat to the species (to
what extent might the event be a negative impact on the species).
In order to determine that there is substantial information that
the species may be in danger of extinction now or in the foreseeable
future due to small population sizes and stochastic events, information
in the petition or in our files should be specific to the species and
should reasonably suggest that these factors may be operative threats
that act on the species to the point that it may warrant protection
under the Act. Broad statements about a generalized threat to species
with small populations do not constitute substantial information that
listing may be warranted. Rather, to raise a substantial question as to
whether a species may be threatened with extinction now or in the
foreseeable future, information specific to the species and situation
(such as life-history characteristics and measures of rarity) should be
linked to potential threats. It is not sufficient to say that because a
species is rare or because it has a small population, it is threatened
by general stochastic events such as natural catastrophes. There must
be some likely stressor acting on the species or its habitat that may
affect a species' status such that the species may be threatened now or
within the foreseeable future.
Information provided with the petition, as well as information in
our files, indicates that the population of the Honduran emerald
hummingbird is small and declining (BLI 2009, p. 2; Stattersfield and
Capper 2000, p. 311). In 2007, the information available indicated that
this species has experienced a population decline since the 1960s and
consisted of fewer than 2,000 individuals distributed within two, and
possibly a third, valleys (Anderson and Hyman 2007, p. 6; BLI 2008, p.
2). In 2008, Birdlife International stated that the population estimate
was between 250 and 999 birds and in decline, within an estimated range
of 12 km\2\ (2965 ac) (p. 2). The 2008 IUCN Red List of Threatened
Species also stated that the population trend of the species is
decreasing (p. 2). In addition, the CITES species database reports that
the range of the Honduran emerald hummingbird is declining (UNEP-WCMC
2009a, p. 2).
Species tend to have a higher risk of extinction if they occupy a
small geographic range, occur at low density, occupy a high trophic
level (position in food chain), and exhibit low reproductive rates
(Purvis et al. 2000, p. 1949). Small populations can be more affected
by demographic stochasticity, local catastrophes, and inbreeding (Pimm
et al. 1988, pp. 757, 773-775). The small, declining population makes
the species vulnerable to genetic stochasticity due to inbreeding
depression and genetic drift (random changes in gene frequency). This,
in turn, compromises a species' ability to adapt genetically to
changing environments (Frankham 1996, p. 1507) and reduces fitness, and
increases extinction risk (Reed and Frankham 2003, pp. 233-234).
The petitioner provided information to indicate that the range and
abundance of the hummingbird has been significantly curtailed. Because
the Honduran emerald hummingbird is currently found in only two (and
possibly a third) valleys, and has undergone a restriction in range and
a decline in population size, any threats to the species are further
magnified. Limited-range species are susceptible to extirpation
including when a species' remaining population is already small or its
distribution is too fragmented. The species may no longer be
demographically or genetically viable (Harris and Pimm 2004, p. 1612-
1613). Secondary impacts that are associated with activities that
fragment the remaining tracks of suitable habitat used by the Honduran
emerald hummingbird include the loss of genetic variability. In
addition, while this hummingbird may be tolerant of fragmented forests
or other disturbed sites, these areas may not represent optimal
conditions for the species. As a result of these impacts, there is
often a time lag between the initial conversion or degradation of
suitable habitats and the extinction of endemic bird populations
(Brooks et al. 1999a, p. 1; Brooks et al. 1999b, p. 1140). Even when
potentially occupied sites may be formally protected (see Factor D),
the remaining fragments of forested habitat will likely undergo further
degradation due to their altered dynamics and isolation (through
infestation of gap-opportunistic species, which alter forest structure
and decrease in gene flow between populations. (Tabanez and Viana 2000,
pp. 929-932). Therefore, even without further habitat loss or
degradation, the Honduran emerald hummingbird remains at risk from past
impacts to its suitable habitats.
Due to its small, recently declining population, the decreased
availability of suitable habitat, the fragmentation of suitable
habitat, and the likelihood that there are only two or three remaining
populations, the species may be vulnerable to genetic problems such as
inbreeding depression. On the basis of our evaluation of the material
provided in the petition and available in our files, the species does
appear to have a small and declining population due to few recorded
individuals, specific habitat requirements, and the severe reduction in
its distribution and amount and extent of suitable habitat. Therefore,
we find that the petition presents substantial evidence indicating that
other natural or manmade factors affecting continued existence such as
the decrease in genetic variability may be a threat to the species. We
will evaluate this factor further when we conduct our status review.
Finding
Section 4(b)(3)(A) of the Act requires that we make a finding
whether a petition to list, delist, or reclassify a species presents
substantial scientific or commercial information indicating that the
petitioned action may be warranted.
[[Page 35751]]
We are to base this finding on information provided in the petition,
supporting information submitted with the petition, and information
available in our files. To the maximum extent practicable, we are to
make this finding within 90 days of our receipt of the petition and
publish our notice of the finding promptly in the Federal Register.
Our process for making this 90-day finding under section 4(b)(3)(A)
of the Act is limited to a determination of whether the information in
the petition presents ``substantial scientific and commercial
information,'' which is interpreted in our regulations as ``that amount
of information that would lead a reasonable person to believe that the
measure proposed in the petition may be warranted'' (50 CFR 424.14(b)).
We reviewed the petition, supporting information provided by the
petitioner, and information in our files, and we evaluated that
information to determine whether the sources cited support the claims
made in the petition.
The petition and supporting information identified factors
affecting the Honduran emerald hummingbird including land clearing for
cattle grazing and agriculture, road construction and expansion,
residential development (Factor A) and loss of genetic variability due
to a small and declining population (Factor E). On the basis of
information provided in the petition and other information in our
files, we have determined that the petition presents substantial
scientific or commercial information that listing the Honduran emerald
hummingbird under the Act may be warranted. Therefore, we are
initiating a status review to determine if listing the species is
warranted. During the status review, we will consider threats to the
hummingbird under all of the listing factors above. To ensure that the
status review is comprehensive, we are soliciting scientific and
commercial data and other information regarding this species.
The ``substantial information'' standard for a 90-day finding
differs from the Act's ``best scientific and commercial data'' standard
that applies to a status review to determine whether a petitioned
action is warranted. A 90-day finding does not constitute a status
review under the Act. In a 12-month finding, we will determine whether
a petitioned action is warranted after we have completed a thorough
status review of the species, which we would conduct following a
substantial 90-day finding. Because the Act's standards for 90-day and
12-month findings are different, as described above, a substantial 90-
day finding does not mean that the 12-month finding will result in a
warranted finding.
References Cited
A complete list of all references cited in this finding is
available on the Internet at http://www.regulations.gov or upon request
from the Endangered Species Program, Branch of Listing, U.S. Fish and
Wildlife Service (see FOR FURTHER INFORMATION CONTACT).
Author
The primary authors of this notice are staff members of the
Endangered Species Program, U.S. Fish and Wildlife Service.
Authority
The authority for this action is the Endangered Species Act of
1973, as amended (16 U.S.C. 1531 et seq.).
Dated: June 9, 2010
Jeffrey L. Underwood,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2010-15225 Filed 6-22-10; 8:45 am]
BILLING CODE 4310-55-S