2011 Federal Register, 76 FR 62740; Centralized Library: U.S. Fish and Wildlife Service - Federal Register, Volume 76 Issue 196 (Tuesday, October 11, 2011)

[Federal Register Volume 76, Number 196 (Tuesday, October 11, 2011)]
[Proposed Rules]
[Pages 62740-62754]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-25811]

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AY28
[FWS-R9-ES-2011-0075; MO 92210-0-0010 B6]

Endangered and Threatened Wildlife and Plants; 12-Month Finding
on a Petition and Proposed Rule To List the Yellow-Billed Parrot

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule; 12-month finding.

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SUMMARY: We, the U.S. Fish and Wildlife Service, propose to list as
threatened the yellow-billed parrot (Amazona collaria) under the
Endangered Species Act of 1973, as amended (Act). We are taking this
action in response to a petition to list this species as endangered or
threatened under the Act. This document, which also serves as the
completion of the status review and as the 12-month finding on the
petition, announces our finding that listing is warranted for the
yellow-billed parrot. If we finalize this rule as proposed, it would
extend the Act's protections to this species. We also propose a special
rule for the yellow-billed parrot in conjunction with our proposed
listing as threatened for this species. We seek information from the
public on this proposed rule and status review for this species.

[[Page 62741]]

DATES: We will consider comments and information received or postmarked
on or before December 12, 2011.

ADDRESSES: You may submit comments by one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments on Docket No. FWS-R9-
ES-2011-0075.
U.S. mail or hand-delivery: Public Comments Processing,
Attn: FWS-R9-ES-2011-0075, Division of Policy and Directives
Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive, MS
2042-PDM; Arlington, VA 22203.
We will not accept comments by e-mail or fax. 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
Requested section below for more information).

FOR FURTHER INFORMATION CONTACT: Janine Van Norman, Chief, Branch of
Foreign Species, Endangered Species Program, U.S. Fish and Wildlife
Service, 4401 North Fairfax Drive, Room 420, Arlington, VA 22203;
telephone 703-358-2171. If you use a telecommunications device for the
deaf (TDD), call the Federal Information Relay Service (FIRS) at 800-
877-8339.

SUPPLEMENTARY INFORMATION:

Background

Section 4(b)(3)(B) of the Endangered Species Act (Act) (16 U.S.C.
1531 et seq.) requires that, for any petition to revise the Federal
Lists of Endangered and Threatened Wildlife and Plants that contains
substantial scientific or commercial information that listing the
species may be warranted, we make a finding within 12 months of the
date of receipt of the petition (``12-month finding''). In this
finding, we determine whether the petitioned action is: (a) Not
warranted, (b) warranted, or (c) warranted, but immediate proposal of a
regulation implementing the petitioned action is precluded by other
pending proposals to determine whether species are endangered or
threatened, and expeditious progress is being made to add or remove
qualified species from the Federal Lists of Endangered and Threatened
Wildlife and Plants. Section 4(b)(3)(C) of the Act requires that we
treat a petition for which the requested action is found to be
warranted but precluded as though resubmitted on the date of such
finding, that is, requiring a subsequent finding to be made within 12
months. We must publish these 12-month findings in the Federal
Register.
The U.S. Fish and Wildlife Service (Service) publishes an annual
notice of resubmitted petition findings (annual notice) for all foreign
species for which listings were previously found to be warranted but
precluded.
In this document, we announce that listing the yellow-billed parrot
as threatened is warranted, and we are issuing a proposed rule to add
that species as threatened under the Federal Lists of Endangered and
Threatened Wildlife and Plants.
Prior to issuing a final rule on this proposed action, we will take
into consideration all comments and any additional information we
receive. Such information may lead to a final rule that differs from
this proposal. All comments and recommendations, including names and
addresses of commenters, will become part of the administrative record.

Previous Federal Actions

Petition History

On January 31, 2008, the Service received a petition dated January
29, 2008, from Friends of Animals, as represented by the Environmental
Law Clinic, University of Denver, Sturm College of Law, requesting that
we list 14 parrot species under the Act. The petition clearly
identified itself as a petition and included the requisite information
required in the Code of Federal Regulations (50 CFR 424.14(a)). On July
14, 2009 (74 FR 33957), we published a 90-day finding in which we
determined that the petition presented substantial scientific and
commercial information to indicate that listing may be warranted for 12
of the 14 parrot species. In our 90-day finding on this petition, we
announced the initiation of a status review to list as threatened or
endangered under the Endangered Species Act of 1973, as amended (Act),
the following 12 parrot species: blue-headed macaw (Primolius couloni),
crimson shining parrot (Prosopeia splendens), great green macaw (Ara
ambiguus), grey-cheeked parakeet (Brotogeris pyrrhoptera), hyacinth
macaw (Anodorhynchus hyacinthinus), military macaw (Ara militaris),
Philippine cockatoo (Cacatua haematuropygia), red-crowned parrot
(Amazona viridigenalis), scarlet macaw (Ara macao), white cockatoo (C.
alba), yellow-billed parrot (Amazona collaria), and yellow-crested
cockatoo (C. sulphurea). We initiated this status review to determine
if listing each of the 12 species is warranted, and initiated a 60-day
information collection period to allow all interested parties an
opportunity to provide information on the status of these 12 species of
parrots. The public comment period closed on September 14, 2009.
On October 24, 2009, and December 2, 2009, the Service received a
60-day notice of intent to sue from Friends of Animals and WildEarth
Guardians, for failure to issue 12-month findings on the petition. On
March 2, 2010, Friends of Animals and WildEarth Guardians filed suit
against the Service for failure to make timely 12-month findings within
the statutory deadline of the Act on the petition to list the 14
species (Friends of Animals, et al . v. Salazar, Case No. 10 CV 00357
D.D.C.).
On July 21, 2010, a settlement agreement was approved by the Court
(CV-10-357, D. D.C.), in which the Service agreed to submit to the
Federal Register by July 29, 2011, September 30, 2011, and November 30,
2011, determinations whether the petitioned action is warranted, not
warranted, or warranted but precluded by other listing actions for no
less than 4 of the petitioned species on each date. On August 9, 2011,
the Service published in the Federal Register a 12-month status review
finding and proposed rule for the following four parrot species:
crimson shining parrot, Philippine cockatoo, white cockatoo, and
yellow-crested cockatoo (76 FR 49202).
In this status review we make a determination whether the
petitioned action is warranted, not warranted, or warranted but
precluded by other listing actions for one of the remaining species,
the yellow-billed parrot. This Federal Register document complies, in
part, with the second deadline in the court-ordered settlement
agreement.

Information Requested

We intend that any final actions resulting from this proposed rule
will be based on the best scientific and commercial data available.
Therefore, we request comments or information from other concerned
governmental agencies, the scientific community, or any other
interested parties concerning this proposed rule. We particularly seek
clarifying information concerning:
(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.
(3) Information on the effects of other potential threat factors,
including live capture and hunting, domestic and international trade,
predation by other animals, and any diseases that are known to affect
this species or its principal food sources.

[[Page 62742]]

(4) Information on management programs for parrot conservation,
including mitigation measures related to conservation programs, and any
other private, nongovernmental, or governmental conservation programs
that benefit this species.
(5) The potential effects of climate change on this species and its
habitat.
Please include sufficient information with your submission (such as
full references) to allow us to verify any scientific or commercial
information you include. Submissions merely stating support for or
opposition to the action under consideration without providing
supporting information, although noted, will not be considered in
making a determination. Section 4(b)(1)(A) of the Act directs that
determinations as to whether any species is an endangered or threatened
species must be made ``solely on the basis of the best scientific and
commercial data available.''

Public Hearing

At this time, we do not have a public hearing scheduled for this
proposed rule. The main purpose of most public hearings is to obtain
public testimony or comment. In most cases, it is sufficient to submit
comments through the Federal eRulemaking Portal, described above in the
ADDRESSES section. If you would like to request a public hearing for
this proposed rule, you must submit your request, in writing, to the
person listed in the FOR FURTHER INFORMATION CONTACT section by
November 25, 2011.

Species Information and Factors Affecting the Species

Section 4 of the Act (16 U.S.C. 1533) and implementing regulations
(50 CFR part 424) set forth procedures for adding species to, removing
species from, or reclassifying species on the Federal Lists of
Endangered and Threatened Wildlife and Plants. Under section 4(a)(1) of
the Act, a species may be determined to be endangered or threatened
based on any of the following five factors:
(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.
In considering whether a species may warrant listing under any of
the five factors, we look beyond the species' exposure to a potential
threat or aggregation of threats under any of the factors, and evaluate
whether the species responds to those potential threats in a way that
causes actual impact to the species. The identification of threats that
might impact a species negatively may not be sufficient to compel a
finding that the species warrants listing. The information must include
evidence indicating that the threats are operative and, either singly
or in aggregation, affect the status of the species. Threats are
significant if they drive, or contribute to, the risk of extinction of
the species, such that the species warrants listing as endangered or
threatened, as those terms are defined in the Act.

Species Description

The yellow-billed parrot belongs to the family Psittacidae and is
one of only two Amazona species endemic to Jamaica (Koenig 2001, p.
205; Snyder et al. 2000, p. 106). It measures approximately 28
centimeters (cm) (11 inches (in)) in length. This species is generally
characterized as a green parrot with white lores (between the eye and
bill) and frontal bar (forehead), a blue crown, pink throat and upper
breast, bluish primary feathers, and a yellow bill (BLI 2011a,
unpaginated; Forshaw and Knight 2010, p. 278).
This species occurs in mid-level (up to 1,200 meters (m) (3,937
feet (ft)), wet limestone and lower montane, mature forests of Jamaica.
The late successional forest canopy height ranges from 15-20 m (49-66
ft), with occasional emergence of Terminalia and Cedrela tree species
at 25-30 m (82-98 ft) (BLI 2011a, unpaginated; World Parrot Trust,
2009, unpaginated; Tole 2006, p. 790; Koenig 2001, pp. 205-206; Koenig
1999, p. 9; Wiley 1991, pp. 203-204). Undergrowth is thin, but mosses,
vines, lianas, and epiphytes are abundant (Tole 2006, p. 790; Koenig
2001, p. 206). They may also be found near cultivated areas with trees
at forest edge (World Parrot Trust, 2009, unpaginated; Tole 2006, p.
790); however, compared to the other endemic parrot species, the black-
billed parrot (Amazona agilis), the yellow-billed parrot appears to
prefer interior forests, rather than edge habitat (Koenig 2001, pp.
207-208, 220).
In the latter part of the 20th Century, the overall range and
population of the yellow-billed parrot decreased (Juniper and Parr 1998
in BLI 2011a, unpaginated). The range of the yellow-billed parrot is
estimated to be 5,400 square kilometers (km\2\) (2,085 square miles
(mi\2\)) (approximately half the total area of Jamaica) (BLI 2011a,
unpaginated). However, this species occurs in fragments within this
range. The greatest occurrences are concentrated in extant mid-level
wet limestone forests in the Blue Mountains, Cockpit Country, John Crow
Mountains, and Mount Diablo (BLI 2011a, unpaginated; Koenig 2001, p.
205; Snyder et al. 2000, p. 106; Koenig 1999, pp. 9-10; Wiley 1991, pp.
203-204). Preliminary studies estimated 5,000 individuals in Cockpit
Country, John Crow Mountains, and Mount Diablo (Snyder et al. 2000, p.
107). Today the yellow-billed parrot population is estimated to number
10,000-20,000 mature individuals, although the data quality is poor
(BLI 2011a, unpaginated; World Parrot Trust, 2009, unpaginated).
Cockpit Country is considered the stronghold of the species with an
estimated 5,000-8,000 territorial pairs, at least 80 percent of the
island's entire population (BLI 2011a, unpaginated; BLI 2011b,
unpaginated; Koenig 2001, p. 205; Snyder et al. 2000, p. 107). Flocks
of 50-60 individuals are observed year round and this species remains
common in suitable habitat (BLI 2011a, unpaginated; Snyder et al. 2000,
p. 106; Wiley 1991, p. 204); however, the yellow-billed parrot has
declined, and is declining, in numbers and range based on habitat loss
and degradation and trapping (BLI 2011a, unpaginated; Snyder et al.
2000, p. 106; Koenig 1999, p. 9; Wiley 1991, pp. 187, 204).
Like most parrot species, the yellow-billed parrot is a frugivore,
and feeds on catkins, nuts, berries, fruits, blossoms, figs, and seeds
(Jamaica Observer 2010, unpaginated; World Parrot Trust, 2009,
unpaginated). Parrots, including this species, generally fly
considerable distances in search of food (BLI 2011a, unpaginated; Lee
2010, p. 8) and disperse seeds over large areas, contributing to forest
regeneration (NEPA 2010b, unpaginated). Because parrots feed primarily
on fruits and flowers, they are linked to the fruiting and flowering
patterns of trees; fluctuations in abundance and availability of these
food sources may change diets, result in movements to areas with
greater food availability, and influence local seasonal patterns of
bird abundance (BLI 2011a, unpaginated; Lee 2010, p. 7; Tobias and
Brightsmith 2007, p. 132; Brightsmith 2006, p. 2; Renton 2002, p. 17;
Cowen n.d., pp. 5, 23).
The breeding season begins in March with yellow-billed parrots
looking for and defending nest sites and ends in late July, the end of
the fledgling period (BLI 2011a, unpaginated; Koenig 2001, p. 208).
Mated pairs of yellow-billed parrots appear to be monogamous (Koenig
1998, unpaginated). Nesting areas, including the distance from the nest
tree where pairs perch and engage in territorial vocalizations, the
location

[[Page 62743]]

where males roost, and distance where pairs make their initial perch
after arriving from foraging areas, is 50 m (164 ft) (Koenig 2001, p.
208). Yellow-billed parrots are believed to require larger, mature
trees for nesting; these parrots do not excavate holes, but make use of
existing ones found in old growth forests. This may explain why this
species is more common, especially when nesting, in interior forests;
although they have been found in other habitat types, including
disturbed plantations (NEPA 2010b, unpaginated; Snyder et al. 2000, p.
107; Koenig 2001, p.220). Clutch size is typically 3 eggs measuring
36.0 x 29.0 mm (1.4 x 1.1 in) (World Parrot Trust, 2009, unpaginated;
Koenig 2001, p. 212). Amazona species tend to lay one egg every other
day and the female alone incubates (Koenig 2001, p. 209). Nesting
success has been low, with studies showing 70 percent of breeding pairs
in Cockpit Country exploring and defending nest sites, but failing to
lay eggs (Snyder et al. 2000, p. 107). Outside of the breeding season,
yellow-billed parrots have been seen in large communal roosts (World
Parrot Trust, 2009, unpaginated).

Conservation Status

The yellow-billed parrot is currently classified as ``vulnerable,''
which means this species is facing a high risk of extinction in the
wild, by the International Union for the Conservation of Nature due to
the small, fragmented and declining range of this species, a decline in
extent, area, and quality of suitable habitat due to logging and
mining, and trapping (BLI 2011a, unpaginated; Snyder et al. 2000, p.
106). This species is also listed in Convention on International Trade
in Endangered Species of Wild Fauna and Flora (CITES) Appendix II,
which includes species that although not necessarily now threatened
with extinction may become so unless trade is strictly regulated. The
yellow-billed parrot is also listed under the Second Schedule of
Jamaica's Endangered Species (Protection, Conservation and Regulation
of Trade) Act.
A. Present or Threatened Destruction, Modification, or Curtailment of
Habitat or Range
Historically, 97 percent of Jamaica was a closed-forest ecosystem.
After centuries of improper land use and a high rate of deforestation,
the island has lost much of its original forest (Berglund and Johansson
2004, pp. 2, 5; Evelyn and Camirand 2003, p. 354; Koenig 2001, p. 206;
Koenig 1999, p. 9). Some of the most important parrot habitat was
protected from human activities by its inaccessibility, but today, even
these areas are being encroached upon and degraded. Natural forests are
being replaced with pine plantations and other fast-growing species
(Wiley 1991, p. 201). Conversion of forest land to agriculture and
pasture has accounted for a majority of deforested land and has
resulted in the removal of valuable timber species as a byproduct, with
natural regrowth removed as soon as it approaches marketable size (Eyre
1987, p. 342).
Today, Jamaica's forested area is estimated at 337,000 hectares
(ha) (832,745 acres (ac)), or 31 percent (FAO 2011, p. 116). Of this
remaining forested area, only 8 percent is classified as minimally
disturbed or closed broadleaf forest, and these only occur on the
steepest or most remote, inaccessible parts of the island (WWF 2001,
unpaginated; Levy and Koenig 2009, p. 262; Koenig 1991, p. 9). This
loss in forested habitat has resulted in a small and fragmented range
for the yellow-billed parrot; a decline in the extent, area, and
quality of suitable habitat; and a decline in the yellow-billed parrot
population (BLI 2011a, unpaginated; World Parrot Trust 2009,
unpaginated; Koenig 1999, p. 9). The greatest long-term threats to
Jamaica's remaining population of yellow-billed parrot is deforestation
via logging, agriculture, mining, road construction, and encroachment
of nonnative species (BLI 2011a, unpaginated; NEPA 2010b, unpaginated;
Levy and Koenig 2009, pp. 263-264; World Parrot Trust 2009,
unpaginated; JEAN 2007, p. 4; John and Newman 2006, pp. 7, 15; Tole
2006, p. 799; Snyder et al. 2000, p. 106; Koenig 1999, p. 10; Varty
1991, pp. 135, 145; Wiley 1991, p. 190; Windsor Research Center n.d.,
unpaginated).
Cockpit Country is characterized by yellow and white limestone
karst topography with rounded peaks and steep-sided, bowl-shaped
depressions, known as cockpits (John and Newman 2006, p. 3; Tole 2006,
p. 789). Historically, the edge forests of Cockpit Country experienced
extensive clear-cutting for timber, but the rugged terrain and
inaccessibility of Cockpit Country have prevented extensive resource
exploitation in its interior forests (Koenig 2001, pp. 206-207; Wiley
1991, p. 201). This area has retained nearly all of its primary forest
and is an important remaining tract of extensive primary forest in
Jamaica; 81 percent of the region is under forest (John and Newman
2006, p. 3; Tole 2006, pp. 790, 795, 798). However, gaps indicate the
beginning of a decline in contiguity and connectivity and the periphery
and surrounding plains are already badly degraded (Tole 2006, pp. 790,
797; Koenig 2001, pp. 201-207). The greatest threat to the wet
limestone forest habitat of Cockpit Country is deforestation due to
bauxite mining. Additional threats include deforestation from road
construction, conversion of forests for agriculture, poor agricultural
practices, and logging, (BLI 2011b, unpaginated; Levy and Koenig 2009,
p. 267; JEAN 2007, p. 4; BLI 2006, unpaginated; John and Newman 2006,
p. 15; Wiley 1991, p. 201; Windsor Research Centre n.d., unpaginated).
The Blue Mountains and John Crow Mountains are located on the
eastern side of Jamaica and are separated by the Rio Grande. Almost all
of the two ranges were designated forest reserves and contain important
remaining tracts of closed-canopy, broadleaf forest (TNC 2008b,
unpaginated). In 1989, 78,200 ha (193,236 ac) were designated as the
Blue and John Crow Mountains National Park (BLI 2011d, unpaginated; BLI
2011e, unpaginated; Dunkley and Barrett 2001, p. 1). The most
significant threat to the Blue and John Crow Mountains is deforestation
due to subsistence farming, commercial farming, and illegal logging and
encroachment of invasive species (BLI 2011e, unpaginated; IUCN 2011,
unpaginated; Chai et al. 2009, p. 2489; Dunkley and Barrett 2001, p. 2;
WWF 2001, unpaginated; TNC 2008b, unpaginated).
Mount Diablo is located in the center of Jamaica and makes up part
of the ``spinal forest,'' the forests along the main mountain ridges
that extend along the center of the island. Conversion of forest for
agriculture land, forestry plantations, expanding settlements, and
bauxite mining has left the spinal forest severely fragmented (BLI
2011c, unpaginated).
Logging and Agriculture
In the Cockpit Country Conservation Action Plan, threats to the
limestone forests from conversion of forest, incompatible agriculture
practices, and timber extraction are ranked high (John and Newman 2006,
p. 15). The immediate vicinity of Cockpit Country has a population of
around 10,000 people who exploit the area (Day 2004, p. 34). Illegal
logging and farming have extended into the forest reserve within
Cockpit Country (Day 2004, p. 34; Chenoweth et al. 2001, p. 651).
Loggers, legal and illegal, are removing unsustainable amounts of trees
for furniture factories and other industries (TNC 2008a, unpaginated).
Illegal logging opens new pathways into the forest for squatters who
usually clear a patch for growing food, then move on after one season
to clear additional land

[[Page 62744]]

(Tole 2006, p. 799). Farmers remove natural forests from cockpits,
glades, and other accessible areas to plant yams, corn, dasheen,
banana, plantain, and sugar cane, and graze cattle and goats (TNC
2008a, unpaginated; Day 2004, p. 35; Chenoweth et al. 2001, p. 652).
One of the greatest causes of deforestation and fragmentation in
Cockpit Country is the illegal removal of wood for yam crops and yam
sticks (JEAN 2007, p. 4; Tole 2006, p. 790; Chenoweth et al. 2001, p.
653). Farmers clear hillsides to plant yam crops, reducing forest cover
and nesting trees. Yam plants require a support stake that is typically
a sapling approximately 8-10 cm (3-4 in) in diameter. With suitable
trees dwindling elsewhere, Cockpit Country is quickly becoming a source
of supply. Forty percent of the total demand for yam sticks is supplied
by Cockpit Country; this translates to 5 to 9 million saplings
harvested annually from Cockpit Country alone (Tole 2006, pp. 790,
799). Yam stick harvesting is ranked as a medium threat to the
limestone forests of Cockpit Country (John and Newman 2006, p. 15).
Adjacent to the Blue and John Crow Mountains National Park are
isolated communities that rely on the park's resources for various
economic activities; with almost unchecked access to the park,
encroachment of these communities across the park boundary is cause for
concern (IUCN 2011, unpaginated; Dunkley and Barrett 2001, pp. 2-3).
Much of the area has been altered from its natural state and is used
for forestry, coffee production, or subsistence farming (BLI 2011d,
unpaginated). The adjacent communities have a tradition of small
farming and, despite the steep slopes, hillsides are cleared and used
by small subsistence farmers for carrots, peas, bananas, plantains,
coconuts, pineapples, apples, cabbages, and tomatoes; coffee is also
grown by small and large farmers for the well-known brand Blue Mountain
Coffee (Dunkley and Barrett 2001, pp. 1, 3). Farmers use slash-and-burn
techniques to clear forests for agricultural land; however, because of
poor agricultural practices, the soil quality begins to deteriorate
after one or two seasons, and farmers abandon their plots and clear
additional land for new crops (Chai et al. 2009, p. 2489; TNC 2008b,
unpaginated).
The human population surrounding Mount Diablo is steadily growing.
Native vegetation is removed for housing, crop cultivation, and lumber.
In this area, farming is the main livelihood after bauxite mining.
Slash-and-burn practices are used on hillsides to clear land for cash
crops, such as banana, plantain, yams, cabbage, okra, peppers, and
tomatoes. Various tree species are cut for lumber and add to the
deforestation and poor condition of the soils (Global Environmental
Facility, Small Grants Programme (GEF SGP) 2006, unpaginated). Native
forests are also removed for forestry plantations, including Pine
(Pinus caribaea), blue Mahoe (Hibiscus elatus), Honduran Mahogany
(Swietenia macrophylla), and Cedar (Cedrela odorata). These activities
have left the mountain without any native vegetation and the central
spinal forest severely fragmented.
Bauxite Mining
Bauxite is the raw material used to make aluminum and is Jamaica's
principle export, accounting for over half of Jamaica's annual exports.
Bauxite deposits occur in pockets of limestone and can be found under
25 percent of the island's surface (BLI 2006, unpaginated). It is
removed through open pit mining (soil is removed, stored, and then
replaced following completion of the mine) and is considered the most
significant cause of deforestation in Jamaica (Berglund and Johansson
2004, p. 2). Bauxite mining is driving habitat destruction across the
center of the island, including Mount Diablo, and has the potential to
permanently destroy forests, including the wet limestone habitat found
in Cockpit Country, resulting in irreversible effects on the yellow-
billed parrot (Levy and Koenig 2009, p. 267; BLI 2006, unpaginated;
John and Newman 2006, p. 7; Berglund and Johansson 2004, p. 6; Wiley
1991, p. 201; Windsor Research Centre n.d., unpaginated).
Within the past 50 years, bauxite mining has severely fragmented
the spinal forests of Jamaica (BLI 2011c, unpaginated). In the past 40
years, Mount Diablo has been subjected to bauxite mining, which has
destroyed much of the area beyond repair and is presumed to have
contributed to the decline of populations of forest-dependent species,
such as the yellow-billed parrot (BLI 2008, unpaginated; Koenig 2008,
p. 145; Varty 2007, pp. 34, 93). In 2009, several bauxite/alumina
mining companies closed their refineries due to a drop in demand;
however, in July 2010 an alumina plant in Ewarton, a town located at
the foot of Mount Diablo, reopened due to a return in demand, and two
other plants are expected to reopen as well (RJR News 2010,
unpaginated; Jamaica Observer 2010, unpaginated). One of these plants
was expected to reopen in July 2011 (The Gleaner 2011, unpaginated).
Where mining has occurred, it has resulted in severe impacts to the
environment. For example, mining sites within Mount Diablo that were
completed 10-15 years ago typically have only herbaceous groundcover,
including nonnative ferns, and no regeneration of native woody tree
species (BLI 2011c, unpaginated).
Bauxite mining is currently the most significant threat to Cockpit
Country. It is ranked high in threats to the limestone forests in
Cockpit Country (John and Newman 2006, p. 15). Bauxite deposits can be
found throughout 70 percent of Cockpit Country and mining companies
have already drilled for bauxite samples (BLI 2006, unpaginated; John
and Newman 2006, p. 7; Walker 2006, unpaginated; Windsor Research
Centre, n.d., unpaginated). In 2006, ALCOA Minerals of Jamaica and
Clarendon Alumina Production were granted a renewal on two bauxite
prospecting licenses, which encompassed more than 60 percent of the
Cockpit Country Conservation Area and more than 42,000 ha (103,784 ac)
of near-contiguous primary forest. After public outcry these licenses
were suspended. The Jamaican Government has stated that it does not
intend to allow mining in the Cockpit Country; however, the area
remains open to future prospecting and mining interests are granted
over other land uses, such as timber, agriculture, and conservation
(Koenig 2008, pp. 135-137; TNC 2008a, unpaginated; JEAN 2007, p. 4;
Walker 2006, unpaginated).
Few lands are excluded from mining or prospecting under the Mining
Act, including 22,000 ha (54,363 ac) of Cockpit Country designated as
forest reserves, which could be subject to prospecting or mining if a
license or lease is obtained (JEAN 2007, p. 6). Additionally, in some,
if not all, mining agreements, the Jamaican Government provides mining
companies with entitlements to specific amounts of bauxite and
guarantees them additional land for mining if the original land does
not contain sufficient levels, further contributing to deforestation
(JEAN 2007, p. 8). Although bauxite extraction is not currently
occurring in Cockpit Country, mining remains a significant impending
threat to the area. The amount of deposits found throughout the area,
and the facts that the area remains open to future prospecting and
bauxite is Jamaica's principle export, leaves open the possibility that
mining may occur in the future (JEAN 2007, p. 4; Windsor Research
Centre n.d., unpaginated).
If mining were to occur in Cockpit Country, the impacts to the wet
limestone forest habitat and wildlife

[[Page 62745]]

would be irreversible (Varty 2007, p. 93; Windsor Research Centre n.d.,
unpaginated). During the prospecting phase, a company or individual is
required to obtain a prospecting right from the Jamaican government;
however, this does not require an environmental permit which requires
an environmental impact assessment be conducted before being granted
(Jamaica Ministry of Energy and Mining 2006a, unpaginated). Forests are
cleared during this phase using heavy machinery to create roads for
transporting drilling equipment. Once the area of interest has been
identified and the existence of a commercially exploitable mineral
exists, a mining lease must be obtained to mine and sell the product. A
mining lease requires an environmental permit, and therefore, an
environmental impact assessment (Jamaica Ministry of Energy and Mining
2006b, unpaginated); however, one of the problems with conservation in
Jamaica is incomplete and improper environmental impact assessments
(Levy and Koenig 2009, p. 263). The mining phase requires a more
extensive road network and all the vegetation covering bauxite deposits
are removed. Mining in a karst region can lead to altered flow regimes
and changes in drainage patterns, and can reduce the soil's water
retention capability, making it difficult to restore the area to its
original state (JEAN 2007, pp. 4-5; Berglund and Johansson 2004, p. 6).
After mining is completed, companies are required to restore lands
destroyed by mining. However, a typical restored site consists of a
thin layer of topsoil bulldozed over densely packed limestone gravel
and planted with nonnative grasses, preventing the regeneration of
native forests (Koenig 2008, p. 141; BLI 2006, unpaginated). Penalties
for failing to meet the reclamation requirements are often not enforced
(BLI 2006, unpaginated).
Bauxite mining has been shown to significantly impact native
species and habitat. The forests of Mount Diablo have already suffered
significant damage from bauxite mining, leading to the conclusion that
mining cannot be allowed in Cockpit Country or it would destroy the
area beyond repair (Varty 2007, p. 93). Because of the potential damage
to the nesting environment, bauxite mining could drive the yellow-
billed parrot population to the level of barely surviving (Koenig 2008,
p. 147).
Roads
Access roads associated with bauxite mining is another significant
cause of deforestation and a serious threat to the forest cover of
Jamaica. Once established, either in the prospecting or mining phase,
loggers use mining roads to gain access to additional forests and
illegally remove trees in and around the mining area (BLI 2011a,
unpaginated; JEAN 2007, pp. 4-5; Berglund and Johansson 2004, p. 6). If
mining were to occur in Cockpit Country, roads established to access
the cockpit bottoms would fragment the habitat, isolate forested
hillsides, and increase the amount of edge habitat (Koenig 2008, pp.
141, 144). Improved human access via mining roads and the subsequent
alteration in habitat and predator-prey dynamics (See Factor C) are
predicted to hasten the decline of the yellow-billed parrot.
In addition to mining access roads, road construction and extensive
trail systems have the potential to contribute to further deforestation
or alter environmental conditions. Roads provide access to previously
undisturbed forests. In Cockpit Country, forest clearance has occurred
along the edge where roads have provided easy access (JEAN 2007, p. 4).
Interior forests were once inaccessible; however, continued road
construction into these areas will lead to increased deforestation and
logging (WWF 2001, unpaginated). Construction of Highway 2000 along the
southern boundary of Cockpit Country may threaten the area through
subsequent logging and the need for limestone fill, which could be
quarried from Cockpit Country (Day 2004, p. 35; Windsor Research Centre
no date, unpaginated). Roads and trails are ranked high in threats to
the limestone forest of Cockpit Country (John and Newman 2006, p. 15).
Additionally, roads and trails create openings in the forest, exposing
it to new environmental conditions that alter the high-humidity
conditions in which species of wet limestone habitat are adapted and
facilitate the spread of invasive species (JEAN 2007, p. 4; Windsor
Research Centre no date, unpaginated).
Nonnative Species
Forest clearance, whether through mining, road/trail development,
logging, or agriculture, not only reduces the size of continuous
forests and opens them up to further deforestation, it also alters the
natural environment and facilitates the spread of harmful nonnative
plants and animals (JEAN 2007, p. 4; Windsor Research Centre n.d.,
unpaginated). Nonnative invasive plant species have the ability to
outcompete and dominate native plant communities and are ranked high in
threats to the limestone forests of Cockpit Country (John and Newman,
2006, p. 15). The many years of land clearance experienced by the Blue
and John Crow Mountains National Park has led to the expansion of
invasive species, including wild coffee (Pittosporum undulatum) and
ginger lily (Hydicum spicatum), which are invading and quickly
spreading in closed-canopy forests (BLI 2011d, unpaginated; TNC 2008b,
unpaginated; JEAN 2007, p. 4; Windsor Research Centre no date,
unpaginated). Nonnative species prevents the regeneration of native
forests so that rare, late-successional species typical of old growth
forests are replaced by common secondary species or nonnative species
(Chai et al. 2009, p. 2490; Koenig 2008, p. 142; TNC 2008b,
unpaginated).
Impacts of Deforestation
Deforestation through mining, road construction, logging, and
agriculture contributes to the loss of Jamaica's remaining primary
forest, habitat for the yellow-billed parrot, and essential resources
for the life functions of the yellow-billed parrot. The removal of
trees reduces food sources, shelter from inclement weather, and most
importantly, nesting sites, which are reported to be limited (NEPA
2010b, unpaginated; Tole 2006, pp. 790-791; Koenig 2001, p. 206; Koenig
1999, p. 10; Wiley 1991, p. 190). The removal of saplings for yam
sticks eliminates the source of regeneration for mature trees in which
nesting cavities will form. Deforestation also changes the quality of
remaining resources (Koenig 2001, p. 206; Koenig 1999, p. 10) and
prevents the regeneration of native forests. The agricultural practices
of farmers leave the land unfertile and unstable, especially on
hillsides. Cash crops do not have a sufficient root system to hold
soil, and the loss of the forest canopy leaves the soil vulnerable to
impacts from rainfall, resulting in massive soil erosion (GEF SGP 2006,
unpaginated). This decrease in the quality of the land prevents native
forests from regenerating (Dunkley and Barrett 2001, p. 2; WWF 2001,
unpaginated). Furthermore, deforestation also allows human disturbance
to extend further into the interior of the forest, contributing to
further deforestation, altering the habitat, and affecting the
predator/prey balance (See Factor C) (Tole 2006, pp. 790-791; Koenig
1999, pp. 11-12). Threats to the limestone forest of Cockpit Country
overall are considered very high (John and Newman 2006, p. 15).
Deforestation can also change the species composition and structure
of a forest, rendering it unsuitable for the yellow-billed parrot.
Openings in the forest expose the forest edge to new environmental
conditions, such as increased sunlight and airflow, altering

[[Page 62746]]

the microclimate from the highly humid conditions of the interior
forest, to which species such as the yellow-billed parrot are adapted
(JEAN 2007, p. 4; Tole 2006, p. 798; Windsor Research Centre no date,
unpaginated). The new environmental conditions facilitate the
establishment of nonnative species and prevent the regeneration of
native forests; rare, late-successional species typical of old growth
forests are replaced by common secondary species or nonnative species
(Chai et al. 2009, p. 2490; Koenig 2008, p. 142; TNC 2008b,
unpaginated). This resulting ``edge habitat'' can exert a strong effect
on species; birds have been shown to be affected from 50 m (164 ft) to
250 m (820 ft) from the cleared edges (Chai et al. 2009, p. 2489).
Studies on the black-billed parrot found that boa abundance and
accessibility of parrot nests to boas were higher in forest edge than
in the interior (See Factor C) (Koenig et al. 2007, p. 87). Only 26
percent of black-billed parrot nests located in regenerating edge
habitat successfully fledged at least one chick, whereas 60 percent of
nests in moderately disturbed interior forests successfully fledged at
least one nestling (Koenig et al. 2007, p. 86). Of 35 nests that
failed, 50 percent experienced predation in regenerating edge, compared
to none in the interior forest (Koenig et al. 2007, p. 86). Fecundity
was found to decline in edge habitat; over 60 percent lower than that
of the interior, a level inadequate for population persistence (Koenig
2008, pp. 143, 145; Koenig et al. 2007, p. 86).
Conservation Programs
Conservation International, South Trelawny Environmental Agency,
the Windsor Research Centre, and Jamaica's Forestry Department are
working together to produce a long-term protection strategy for Cockpit
Country. Part of the strategy involves the use of plastic yam sticks,
incentive programs to encourage farmers to set aside 40 ha (99 ac) of
forest as a reserve, training members of the community as enforcement
officers, and restoring abandoned land with native species (Tole 2006,
p. 800). We do not know the status of this program or what goals have
been achieved.
Within the Blue and John Crow Mountains National Park, there are
programs aimed at controlling nonnative species. Parks in Peril and the
Jamaica Conservation and Development Trust established a nursery as a
forest restoration project; timber and fruit trees are distributed to
adjacent communities for planting (TNC 2008b, unpaginated). The success
of this program is unknown.
Summary of Factor A
The yellow-billed parrot is restricted to the island of Jamaica.
Past deforestation has resulted in a small and fragmented range on the
island, a decline in the extent and quality of suitable habitat, and a
declining yellow-billed parrot population. Deforestation remains a
significant threat to Jamaica's forests. Mining, road and trail
construction, logging, agriculture, and encroachment of nonnative
species continue to threaten the remaining primary forests where this
species exists. Removal of these forests without adequate regeneration
permanently eliminates trees vital for foraging and nesting activities.
Without these essential resources, the population of the yellow-billed
parrot will likely continue to decline. Therefore, based on the best
available scientific and commercial information, we find that the
present or threatened destruction, modification, or curtailment of
habitat or range is a threat to the yellow-billed parrot throughout its
range now and in the foreseeable future.
B. Overutilization for Commercial, Recreational, Scientific, or
Educational Purposes
Harvesting of parrot chicks for pets has seriously affected most of
the parrot species in the West Indies (Wiley 1991, p. 191). In Jamaica,
illegal poaching for the pet trade and farmers who shoot them to
protect their crops have contributed to the decline of the yellow-
billed parrot (BLI 2011a, unpaginated; Sylvester 2011, unpaginated;
Jamaica Observer 2010, unpaginated; Koenig 2008, p. 145; JEAN 2007, p.
4; Snyder et al. 2000, p. 107; Windsor Research Center no date,
unpaginated).
In 1981, the yellow-billed parrot was listed in Appendix II of
CITES. CITES is an international agreement between governments to
ensure that the international trade of CITES-listed plant and animal
species does not threaten species' survival in the wild. There are
currently 175 CITES Parties (member countries or signatories to the
Convention). Under this treaty, CITES Parties regulate the import,
export, and reexport of specimens, parts, and products of CITES-listed
plants and animal species (also see Factor D). Trade must be authorized
through a system of permits and certificates that are provided by the
designated CITES Scientific and Management Authorities of each CITES
Party (CITES 2010a, unpaginated).
For species listed in Appendix II of CITES, commercial trade is
allowed. However, CITES requires that before an export of Appendix-II
specimens can occur, a determination must be made that the specimens
were legally obtained (in accordance with national laws) and that the
export will not be detrimental to the survival of the species in the
wild, and a CITES export document must be issued by the designated
CITES Management Authority of the country of export and must accompany
the export of the specimens.
According to worldwide trade data obtained from UNEP-WCMC CITES
Trade Database, from 1981, when the species was listed in CITES,
through 2009, 210 yellow-billed parrot specimens were reported in
international trade, including 208 live birds, 1 scientific specimen,
and 1 body. In analyzing these reported data, several records appear to
be overcounts due to slight differences in the manner in which the
importing and exporting countries reported their trade, and it is
likely that the actual number of specimens of yellow-billed parrots
reported to UNEP-WCMC in international trade from 1981 through 2009 was
195; including 193 live birds, 1 scientific specimen, and 1 body. Of
these specimens, 11 (5.6 percent) were reportedly exported from Jamaica
(UNEP-WCMC 2011, unpaginated). With the information given in the UNEP-
WCMC database, from 1981 through 2009 only 1 wild specimen of yellow-
billed parrot was reported in trade, and this was a nonliving body
traded for scientific purposes. One live specimen with the source
recorded as unknown was also reported in trade. All other specimens
reported in trade were captive-bred or captive-born specimens.
Because the majority of the specimens of this species reported in
international trade (99 percent) are captive-bred or captive-born, and
the one wild specimen reported in trade was a scientific specimen
traded for scientific purposes, we believe that international trade
controlled via valid CITES permits is not a threat to the species.
Most yellow-billed parrot nestlings are poached for the local
market and are not highly desirable in the international pet trade
(Koenig 2001, p. 206). They are popular on Jamaica as pets because of
their colorful plumage and ability to mimic human sounds; the yellow-
billed parrot appears to be in higher demand than black-billed parrot
because of their brighter coloration (Snyder et al. 2000, p. 107;
Windsor Research Center no date, unpaginated). Most poaching operations
are small-scale, although larger-scale operations exist (Sylvester
2011, unpaginated). Poachers may use sticks baited with fruit and
covered in

[[Page 62747]]

glue to trap birds (Sylvester 2011, unpaginated). Additionally,
poachers will cut down nesting trees to obtain nestlings (BLI 2011a,
unpaginated; NEPA 2010b, unpaginated; Koenig 2008, p. 145). In March
2010, Jamaica's National Environment and Planning Agency (NEPA)
published a news release reminding residents that it is illegal to buy
and/or sell Jamaican parrots locally or trade in them internationally
(NEPA 2010b, unpaginated). In Cockpit Country, threats to the yellow-
billed parrot from collection are ranked as medium (John and Newman
2006, p. 15).
Poaching for use as a cage-bird places a strong pressure on the
population of yellow-billed parrots and is the primary cause of nest
failures and reduces the number of parrots in the wild (BLI 2011a,
unpaginated; Snyder et al. 2000, p. 106). The cutting of trees to
obtain parrots destroys nest cavities and reduces the number of
available nesting sites for future generations. This has a significant
negative impact on the yellow-billed parrot as it does not excavate its
own holes for nesting, but relies on existing holes that often form in
old-growth trees (BLI 2011a, unpaginated; Sylvester 2011, unpaginated;
NEPA 2010b, unpaginated; Wiley 1991, p. 191). Mining access roads
create accessibility to forests, and illegal timber extraction in
bauxite mining areas facilitates the poaching of both nestlings and
adults and exacerbates the effects of poaching on nest failures (BLI
2011a, unpaginated; Koenig 2008, p.136). Although we don't have
detailed information on the numbers of yellow-billed parrots taken for
the pet trade, when combined with habitat loss from deforestation, the
impact to the survival of this species is severe (Sylvester 2011,
unpaginated).
As described under Factor A, parrot habitat is threatened by the
conversion of forests to agriculture. As agriculture spreads into
parrot habitat, farmers and birds came into conflict over crops (Wiley
1991, p. 191). Some persecution for crop and garden damage, especially
citrus, has been reported for the yellow-billed parrot (Snyder et al.
2000, p. 107).
Summary of Factor B
Since the CITES Appendix-II listing, legal international commercial
trade has been very limited. However, the yellow-billed parrot appears
to be popular in Jamaica's domestic market and has contributed to the
decline of the species. In addition to removing individuals from the
wild population, poachers cut trees to trap nestlings, removing limited
essential nesting cavities and reducing the availability of nesting
cavities for future generations. Ongoing deforestation in Jamaica may
increase the likelihood of birds and farmers coming into conflict and
yellow-billed parrots being killed to protect crops. Combined with the
ongoing deforestation in Jamaica, poaching and further loss of nesting
trees is a significant threat to the survival of this species.
Therefore, we find that overutilization for commercial, recreational,
scientific, or educational purposes is a threat to the yellow-billed
parrot throughout its range now and in the foreseeable future.
C. Disease or Predation
Nonnative psittacines imported for the pet trade pose a high threat
to the yellow-billed parrot through the introduction of disease, the
potential for hybridization, and competitive exclusion of nesting
activities (See also Factor E) (Levy and Koenig 2009, p. 264; Wiley
1991, p. 191). However, in Cockpit Country, threats from introduced
diseases are ranked low (John and Newman 2006, p. 15). A temporary ban
on importation of nonnative parrot species was put in place based on
concerns for the introduction of highly pathogenic strains of avian
influenza (Levy and Koenig 2009, p. 264).
Avian influenza is an infection caused by flu viruses, which occur
in birds worldwide, especially waterfowl and shorebirds. Most strains
of the avian influenza virus have low pathogenicity and cause few
clinical signs in infected birds, but it is highly contagious among
birds (CDC 2010, 2005, unpaginated). Pathogenicity is the ability of a
pathogen to produce an infectious disease in an organism. However,
strains can mutate into highly pathogenic forms, which is what happened
in 1997, when the highly pathogenic avian influenza virus (called H5N1)
first appeared in Hong Kong (USDA et al. 2006, pp. 1-2). Signs of low
pathogenic avian influenza include decreased food consumption, coughing
and sneezing, and decreased egg production. Birds infected with highly
pathogenic influenza may exhibit these same symptoms plus a lack of
energy, soft-shelled eggs, swelling, purple discoloration, nasal
discharge, lack of coordination, diarrhea, or sudden death (USDA 2007,
unpaginated).
Jamaica's ban on importation of nonnative psittacines is still in
effect and efforts have been made to make the ban permanent (Levy and
Koenig 2009, p. 264). Additionally, importation of caged birds from
Trinidad and Tobago or any country of South America is prohibited under
the Animal Disease and Importation Act (The Animal Diseases
(Importation) Control Regulations 1948, p. 76). Most of the information
regarding avian influenza is on domesticated bird species, especially
poultry. We do not have information on the extent that introduced
parrot species and the spread of avian influenza has impacted the
yellow-billed parrot.
The Jamaican boa, or yellow boa (Epicrates subflavus), is the only
native predator to be of potential consequence for roosting parrots
(Koenig 2008, p. 144). The yellow boa is also an endemic species listed
as vulnerable. Edge habitats appear to provide an optimal habitat for
the boa due to the proximity to human settlements and the subsequent
increased number of pests, such as rats (Tole 2006, p. 799). Also, edge
habitats are exposed to more sunlight than the interior forest; this
exposure likely results in an increase in the abundance of vines, which
enhances the connectivity between neighboring trees and facilitates the
movement of boas (Koenig et al. 2007, p. 86). Habitat loss has
contributed to the decline and isolation of yellow boas, although it is
common in Cockpit Country, and nestling parrots represent one important
prey item (Koenig et al. 2007, p. 87; Koenig 2001, p. 221). Although
yellow-billed parrots appear to prefer interior forests and are less
common in edge habitat than the black-billed parrot, there is direct
evidence of yellow boas preying on yellow-billed nestlings and
predation by yellow boas has been identified as a major cause of
dwindling numbers (Koenig et al. 2007, p. 82; Tole 2006, p. 799; Koenig
2001, p. 217; Koenig 1999, p. 10). As deforestation continues and more
edge habitat is created, the yellow-billed parrot may become more
vulnerable to predation by boas. Any decline in recruitment due to
predation of nestlings will have a negative impact on the ability of
the yellow-billed parrot population to stabilize or increase.
Red-tailed hawks (Buteo jamaicensis), are another important
predator of fledgling and juvenile parrots. They occur in low densities
across the closed canopy of Cockpit Country, however, it is commonly
observed in peripheral habitat. Mining in Cockpit Country would create
additional suitable habitat for these birds and increase the risk of
predation on parrots (Koenig 2008, p. 144).
Summary of Factor C
Although imported nonnative psittacines were identified as a high
threat to the yellow-billed parrot, in part, due to concerns for the
introduction of highly pathogenic

[[Page 62748]]

strains of avian influenza, we have no information that the yellow-
billed parrot has been impacted by this disease at a level which may
affect the status of the species as a whole and to the extent that it
is considered a threat to the species. Furthermore, we believe that the
ban on importation on nonnative parrot species, although still
currently temporary, and the prohibition on the importation of caged
birds from Trinidad and Tobago and South America, play a vital role in
preventing the spread of this disease. Therefore, we find that disease
is not a threat to this species throughout its range now or in the
foreseeable future.
There is direct evidence of boas preying on yellow-billed parrot
nestlings. Edge habitat provides an optimal habitat for the yellow boa.
As primary forests diminish and edge habitat increases, predation by
boas on parrots may also increase. We do not have any information on
actual predation by red-tailed hawks on the yellow-billed parrot.
However, if mining occurs in Cockpit Country, habitat may be altered to
conditions suitable for the hawk and increase the risk of predation.
Based on the direct evidence of predation by boas and the continuing
threat of deforestation and conversion of primary forests to edge
habitat, and the associated increased risk of predation, we find that
predation is a threat to the yellow-billed parrot throughout its range
now and in the foreseeable future.
D. Inadequacy of Existing Regulatory Mechanisms
National Laws
The yellow-billed parrot is listed under the Second Schedule of
Jamaica's Endangered Species (Protection, Conservation and Regulation
of Trade) Act (JESA). The Second Schedule includes those species that
could become extinct or which have to be effectively controlled (JESA
2000, pp. 72, 80). It is illegal to buy and/or sell Jamaican parrots
locally or trade them internationally (NEPA 2010b, unpaginated; JESA
2000, p. 14; Snyder et al. 2000, p. 107; Wiley 1991, p. 202). CITES
permits or certificates are required to import animals under JESA
(Williams-Raynor 2010, unpaginated). Offenses can result in a fine of
2,000,000 Jamaican dollars (approximately 23,500 U.S. dollars),
imprisonment up to 2 years, or both. If convicted in a Circuit Court,
the offender is subject to a fine, prison term up to 10 years, or both
(JESA 2000, p. 39).
Parrots have full protection under section six of the Jamaican
Wildlife Protection Act (1974) (WPA) (Wiley 1991, p. 202). The WPA was
originally passed in 1945 to regulate sport hunting and fishing, but
since that time has undergone changes to address protection of animals.
It does not, however, address habitat protection or the conservation of
flora (Levy and Koenig 2009, p. 263). Possession is regulated by the
WPA (Koenig 1999, p. 10). Under this Act it is illegal for any person
to hunt or possess a protected bird, including the yellow-billed
parrot, take, or have in possession the nest or egg of any protected
bird (WPA 1945, pp. 4-5). Under section 20 of the legislation, anyone
found in possession of a live Jamaican parrot or any of its parts can
face a maximum fine of 100,000 Jamaican dollars (1,200 U.S. dollars) or
12 months in prison (WPA 1945, p. 11). However, fines levied are often
much less. For example, one offender was charged a fine of only 5,000
Jamaican dollars (55 U.S. dollars) (Sylvester 2011, unpaginated).
As described under Factor B, the poaching of adult and nestling
yellow-billed parrots for the local pet bird trade has contributed to
the decline of the species and remains a threat; therefore, the JESA
and WPA do not appear to adequately protect this species.
Forestry Acts of 1937 and 1973 provide certain protections to some
habitat (e.g., Cockpit Country Forestry Reserve) and other areas have
been established as sanctuaries (Snyder et al. 2000, p. 107; Wiley
1991, p. 202). There are more than 150 forest reserves, which provide
for the preservation of forests, watershed protection, and ecotourism
(Levy and Koenig 2009, p. 263). After Hurricane Gilbert in 1988, a new
Forest Act (1996) was implemented. This Act provides for the
conservation and sustainable management of forests and covers such
activities as protection of the forest for ecosystem services and
biodiversity (Levy and Koenig 2009, p. 263). The Act provides for the
declaration of forest reserves and forest management areas for purposes
such as conservation of natural forests, development of forest
resources, generation of forest products, conservation of soil and
water resources, and protection of flora and fauna. The lease of any
parcel of land in a forest reserve is also regulated. Management plans
are required every 5 years which include a determination of an
allowable annual cut, forest plantations to be established, a
conservation and protection program, and portions of the land to be
leased and for what purposes. Clearing of land for cultivation, cattle
grazing, and the burning of vegetation are regulated. Permits are also
required for harvesting of timber on Crown land, the processing of
timber, or sale of timber; no person shall cut a tree in a forest
reserve without a license. As described under Factor A, deforestation
is the main threat to Jamaica's forests. Forests originally covered 97
percent of the island; they now cover only 30 percent. The remaining
forests continue to be threatened by deforestation from logging,
agriculture, and mining; therefore, it appears that this regulation
does not adequately protect the forest resources of Jamaica.
Under the Natural Resources Conservation Authority Act, an
environmental permit is required for the first-time introduction of
species of flora and fauna and genetic material (Williams-Raynor 2010,
unpaginated). Mining is also regulated by this Act. Before any physical
development or construction can take place, a permit must be obtained
from the Natural Resources Conservation Authority (NRCA). If the
activity is likely to be harmful to public health or natural resources,
NRCA can refuse a permit or order the immediate cessation of the
activity or even closure of the plant (Berglund and Johansson 2004, p.
8). This Act also addresses habitat protection by providing a framework
for a system of protected areas, such as the Blue and John Crow
Mountains National Park (Levy and Koenig 2009, p. 263). We do not have
information to completely analyze the adequacy of this regulation;
however, one of the problems with conservation in Jamaica is incomplete
and improper environmental impact assessments which are required to
obtain an environmental permit (Levy and Koenig 2009, p. 263).
Therefore, it appears that this regulation may not be adequate to
ameliorate threats to the forest resources of Jamaica.
Under the Mining Act (1947), bauxite deposits are owned by the
government, not by the owner of the land. The government may issue
licenses to anyone to explore the land or mining leases to exploit it;
therefore, in order to prospect and search for minerals, companies do
not need to purchase the land. The Act gives the lessee or the license
holder the right to enter government land or privately owned land to
search for minerals or to mine minerals. Compensation is payable to the
landowner for damages to land and property. The Act also stipulates
that the mining companies must restore every mined area of land to the
level of productivity that existed prior to the mining. Restoration
must take place within 6 months following the end of mining activity.
Failure to do so results in a penalty of 4,500 U.S. dollars per

[[Page 62749]]

acre. The average cost for mined-out bauxite restoration is 4,000 U.S.
dollars per acre; therefore, companies are more encouraged to restore.
According to the Jamaican Bauxite Institute (the government agency
responsible for monitoring the bauxite industry), failure of
restoration is very unusual (Berglund and Johansson 2004, p. 7).
However, there are reports that penalties for failing to meet
reclamation requirements are rarely enforced. Furthermore, when
restoration is done, it is often planted with nonnative grasses and is
not the same habitat that existed before mining (See Bauxite Mining
section above) (BLI 2011c, unpaginated; Koenig 2008, p. 141; BLI 2006,
unpaginated). Given the resulting habitat following bauxite mining on
Mount Diablo, it appears that this regulation is not adequate to
ameliorate threats to the forest resources of Jamaica.
An import permit is also required from the Veterinary Services
Division under the Animal Disease and Importation Act (Williams-Raynor
2010, unpaginated). Additionally, no caged bird shall be imported into
Jamaica from Trinidad and Tobago or any country of South America. Based
on an increase in illegal importation of animals into Jamaica (See
Factor E), it appears that this law may not adequately protect the
yellow-billed parrots from potential disease, hybridization, or
competition with non-native species.
There are at least 34 pieces of Jamaican legislation that refer to
the environment. However, there are problems with conservation in
Jamaica that stem from poor communication between various government
institutions, regulations insufficient at recognizing the value of
biodiversity, insufficient funding, poor enforcement, and incomplete
and improper environmental impact assessments (Levy and Koenig 2009, p.
263). In fact, due to the limitations of the Forestry Department and
NRCA, management of the first national park was delegated to an NGO,
Jamaica Conservation and Development Trust (JCDT) (Levy and Koenig
2009, p. 263). The Forestry Department currently manages the entire
Cockpit Country region as a forest reserve; however, they lack adequate
technical and enforcement staff to respond to the increasing
deforestation problem (Tole 2006, p. 799).
Policies have led to a greater awareness of the legal status of
parrots; however, they continue to be illegally harvested for local
and, perhaps, some international trade (Snyder et al. 2000, p. 107).
Stringent gun control has been instituted by the Jamaican Government,
but a stricter policy on poaching of nests is needed (Snyder et al.
2000, p. 107; Wiley 1991, p. 202). At a meeting in February 2010, NEPA,
along with others, decided to take actions to cut down on trade. These
actions include a public awareness program, increased monitoring of
ports and territorial waters, adding pet stores in the Natural
Resources Conservation Authority's Permit and License System, and
publicizing information on seizures and confiscations; to date the
agency has undertaken the awareness campaign (Williams-Raynor 2010,
unpaginated).
Protected Areas
Habitat in the Blue and John Crow Mountains was declared a national
park in 1989 and is managed by the Jamaica Conservation and Development
Trust, a local nongovernmental organization (NGO) (BLI 2011d,
unpaginated; BLI 2011e, unpaginated; Dunkley and Barrett 2001, p. 1;
Snyder et al. 2000, p. 107; Wiley 1991, p. 202). It protects one third
of the approximately 30 percent of Jamaica that remains forested (TNC
2008b, unpaginated). The purpose of this national park is to ensure
long-term conservation of biodiversity, ecosystem services, and other
cultural heritage. The main conservation objective is to maintain and
enhance the remaining area of closed broadleaf forest and the flora and
fauna within it. The park is guided by a 5-year management plan (IUCN
2011, unpaginated).
Enforcement and management of the national park are weak. Laws that
prohibit forest clearance inside National Parks are largely not
enforced as park rangers fear reprisals from farmers (Chai et al. 2009,
pp. 2489, 2491). One study found that even after designation as a
protected area, the Blue and John Crow Mountains National Park
continued to experience forest clearance and fragmentation, resulting
in an increasing number of smaller, more vulnerable fragments, species
shifts, and loss in biodiversity. However, forest regrowth increased,
resulting in a 63 percent decline in deforestation (Chai et al. 2009,
pp. 2487-2488, 2489). Because this park is managed by an NGO, funding
is a continuing problem and restricts actions (BLI 2011d, unpaginated).
Fifteen important bird areas (IBAs) cover approximately 3,113 km\2\
(1,202 mi\2\), or 25 percent, of Jamaica's land area. The yellow-billed
parrot is listed as occurring in 10 of these IBAs, although population
estimates are not available for most. IBAs are international site
priorities for bird conservation. These areas may overlap with forest
reserves or Crown lands that offer protection, but designation as an
IBA itself does not afford any protection to the area. In Jamaica, 44
percent of the area covered by IBAs is under formal protection, but
active management is minimal in many areas (Levy and Koenig 2009, p.
265).
International Laws
The yellow-billed parrot is listed in Appendix II of CITES. CITES
is an international treaty among 175 nations, including Jamaica and the
United States, entered into force in 1975. In the United States, CITES
is implemented through the U.S. Endangered Species Act of 1973, as
amended. The Act designates the Secretary of the Interior as lead
responsibility to implement CITES on behalf of the United States, with
the functions of the Management and Scientific Authorities to be
carried out by the Service. Under this treaty, member countries work
together to ensure that international trade in animal and plant species
is not detrimental to the survival of wild populations by regulating
the import, export, and reexport of CITES-listed animal and plant
species.
Through Resolution Conf. 8.4 (Rev. CoP15), the Parties to CITES
adopted a process, termed the National Legislation Project, to evaluate
whether Parties have adequate domestic legislation to successfully
implement the Treaty (CITES 2010b, pp. 1-5). In reviewing a country's
national legislation, the CITES Secretariat evaluates factors such as
whether a Party's domestic laws designate the responsible Scientific
and Management Authorities, prohibit trade contrary to the requirements
of the Convention, have penalty provisions in place for illegal trade,
and provide for seizure of specimens that are illegally traded or
possessed. The Government of Jamaica was determined to be in Category
1, which means they meet all the requirements to implement CITES
(http://www.cites.org, SC59 Document 11, Annex p. 1).
As discussed under Factor B, we do not consider international trade
to be a threat impacting this species. Therefore, protection under this
Treaty against unsustainable international trade is an adequate
regulatory mechanism.
The import of yellow-billed parrots into the United States is also
regulated by the Wild Bird Conservation Act (WBCA) (16 U.S.C. 4901 et
seq.), which was enacted on October 23, 1992. The purpose of the WBCA
is to promote the conservation of exotic birds by ensuring that all
imports to the United States of exotic birds are biologically
sustainable and not detrimental to the species. The WBCA generally
restricts the importation of most CITES-listed live or

[[Page 62750]]

dead exotic birds except for certain limited purposes such as
zoological display or cooperative breeding programs. Import of dead
specimens is allowed for scientific specimens and museum specimens. The
Service may approve cooperative breeding programs and subsequently
issue import permits under such programs. Wild-caught birds may be
imported into the United States if certain standards are met and they
are subject to a management plan that provides for sustainable use. At
this time, the yellow-billed parrot is not part of a Service-approved
cooperative breeding program and has not been approved for importation
of wild-caught birds.
International trade of parrots was significantly reduced during the
1990s as a result of tighter enforcement of CITES regulations, stricter
measures under EU legislation, and adoption of the WBCA, along with
adoption of national legislation in various countries (Snyder et al.
2000, p. 99). As discussed under Factor B, we found that commercial
legal international trade has been very limited; however, yellow-billed
parrots are taken for the local Jamaican market. We believe that
regulations are adequately protecting the species from international
trade, but national laws are inadequate to ameliorate threats from
poaching for Jamaica's domestic pet bird trade.
Summary of Factor D
Although there are laws intended to protect the forests of Jamaica
and the yellow-billed parrot, deforestation from mining, logging, and
agriculture continues to be a threat, even within protected areas such
as the Blue and John Crow Mountains National Park; predation increased
by habitat alteration continues to be a threat, and yellow-billed
parrots continue to be poached for the local pet bird market.
Therefore, we find that inadequate regulatory mechanisms are a threat
to the yellow-billed parrot throughout its range now and in the
foreseeable future.
E. Other Natural or Manmade Factors Affecting the Species' Continued
Existence
Hurricanes
Hurricanes are a constant threat to island populations of wildlife
and are a frequent occurrence in the Caribbean (Wiley and Wunderle
1993, p. 320). In 1988, Hurricane Gilbert hit Jamaica causing
widespread damage to the island's mid-level and montane forests;
Cockpit Country, Blue Mountains, and John Crow Mountains all suffered
severe and very extensive damage (Varty 1991, pp. 135, 138). Since
2004, Jamaica has been hit by 5 major storms, including 2 hurricanes
and 3 tropical storms (Thompson 2011, unpaginated). The most vulnerable
birds are frugivorous and birds that require large trees for foraging
or nesting; require a closed canopy forest; have special microclimate
requirements; or live in a habitat in which vegetation is slow to
recover, like the yellow-billed parrot (Wiley and Wunderle 1992, pp.
319, 337). Survival of small populations within a fragmented habitat
becomes more uncertain if the destructive potential of catastrophic
events increases, as predicted for hurricanes with increased climate
change (Wiley and Wunderle 1993, p. 319).
Frequent hurricanes can have direct and indirect effects on bird
populations. Direct effects include mortality from winds, rain, and
storm surges, and geographic displacement of individuals by the wind.
Wet plumage may cause hypothermia and death in birds, with chicks being
at greater risk than adults. Additionally, birds may be killed by
falling trees or flying debris, thrown against objects, or high winds
may blow them out to sea where they die from exhaustion and drowning
(Wiley and Wunderle 1993, pp. 319, 321-322). However, the greatest
impacts to birds are the indirect effects that come after the storm has
passed and stem from the destruction of vegetation. These effects
include loss of food sources, loss of nests and nesting sites,
increased vulnerability to predation, microclimate changes, and
increased conflict with humans (Wiley and Wunderle 1993, pp. 319, 321,
326, 337; Varty 1991, p. 148).
Defoliation is the most common type of damage caused by hurricanes.
High winds remove flowers, fruit, and seeds, impacting frugivores like
the yellow-billed parrot, the greatest. Larger trees, which are
typically the best producers, are the ones most affected by hurricanes.
Certain sections of Jamaica following Hurricane Gilbert regenerated
quickly, while the destruction in some areas was so complete it was
estimated to take many years to be reestablished. The majority of trees
and shrubs were reported to have been mostly or totally defoliated;
trees in flower or fruit lost their blooms and crops (Varty 1991, pp.
139, 148). In some cases, the production of flowers and fruits are less
than 50 percent of pre-hurricane levels after 1 year (Wiley and
Wunderle 1993, pp. 324-325). Seven months after Hurricane Gilbert, some
areas had little or no apparent regrowth; although most trees showed
signs of refoliation, and after 10 months some trees began to show
signs of growth (Varty 1991, pp. 140-141). For frugivores, food
supplies are likely to be reduced for several years following a
destructive hurricane, and with limited resources birds may experience
greater competition for food, leading to a decline in populations
(Wiley and Wunderle 1993, p. 332; Varty 1991, pp. 144, 148).
Nesting sites can also be damaged by high winds, rain, or flooding.
The larger, taller trees, like those needed by the yellow-billed parrot
for nesting activities, are the most susceptible to snapping or
uprooting (Wiley and Wunderle 1993, p. 327). During Hurricane Gilbert,
many trees were toppled or had crowns or major limbs broken or snapped
off. Others were damaged or knocked over by other windfall trees. In
some places, landslides totally destroyed the forests (Varty 1991, p.
139). The loss of these nesting trees further reduces the already-
limited nesting cavities available. Damaged trees that remain standing
are more likely to be lost in future storms, increasing the risk to
yellow-billed parrots using them. However, trees that suffer limb
breakage but remain standing may create additional cavities for nesting
(Wiley and Wunderle 1993, pp. 326-328). With the loss of suitable
nesting sites, reproductive responses may vary following a storm.
Hurricane Gilbert severely damaged or blew over 50 percent and 44
percent of the larger trees in John Crow Mountains and Cockpit Country,
respectively; however, some yellow-billed parrots were observed
successfully breeding in Cockpit Country within 10 months of the storm
(Wiley and Wunderle 1993, p. 335; Varty 1991, pp. 143, 149).
Defoliated habitat may increase the risk of yellow-billed parrots
to predators, including humans. For example, because of competition for
limited food resources, forest dwellers may be forced to forage closer
to the ground or wander more widely, exposing them to predators. Birds
may be weakened after a storm and serve as an easy source of protein
for predators and humans in need of food. Additionally, while in search
of food and cover, birds may come into conflict with humans in
agricultural regions, making them more vulnerable to poaching; farmers
may shoot birds to protect any remaining crops (Wiley and Wunderle
1993, pp. 330-332). Hurricanes also create additional edge habitat by
increasing the number and size of forest openings; this may enable
predators to invade forest tracts they would otherwise avoid (Wiley and
Wunderle 1993, p. 336).

[[Page 62751]]

Furthermore, where trees have been blown down, subsistence farmers
may move in to exploit the land. Governments may also make subsidies
available for timber removal and development of the land, including the
use of chainsaws and heavy equipment to clear away debris and dead
trees. The equipment may not be recalled following cleanup and may be
used to clear healthy forests (Wiley and Wunderle 1993, p. 331).
Following Hurricane Gilbert, chainsaws brought in for cleanup were
later used to clear forests for timber (Varty 1991, p. 146).
Additionally, farmers lost most or all of their cultivated land,
increasing the demand for new land and, therefore, deforestation (Varty
1991, p. 145).
Hurricanes are a natural occurrence in the Caribbean, and birds
have adapted to periodic storms. Parrots should be able to adapt to
changes following hurricanes and healthy, wide-ranging populations
should be able to, in the long term, survive hurricanes. However,
hurricanes play a more important role in extinction when a species
already has a restricted and fragmented range due to habitat loss and
is reduced to fewer individuals (Wiley and Wunderle 1993, pp. 340-341;
Varty 1991, p. 149; Wiley 1991, p. 191). After a population has
declined due to deforestation activities, they may not be able to
recover from the additional loss of forests from hurricanes (Varty
1991, p. 149). The yellow-billed parrot population has survived through
hurricanes, but long-term survival is a concern given the impact of
hurricanes on food and nesting sources, combined with the continuing
habitat destruction by humans (Wiley 1991, p. 203).
Competition With Nonnative Species
NEPA has noticed an increase in the illegal importation of monkeys,
birds, and snakes into the country. Jamaica is now believed to be a
trans-shipment point for illegal trade in animals from Central and
South America (NEPA 2010a, p. 1). Nonnative species not only introduce
diseases to native wildlife (See Factor C), but escaped individuals
also pose a threat through hybridization and competition for food and
nesting sources (Levy and Koenig 2009, p. 264; Wiley 1991, p. 191). A
temporary ban was placed on the importation of nonnative psittacines
due to potential introduction of disease, hybridization, and
competition with the two native parrot species. Other nonnative species
known to have played a role in the decline and extinction of parrots
include honeybees (Apis mellifera) and rats (especially Rattus rattus);
these compete with parrots for nest cavities.
We have no information on the extent of non-native species being
introduced to Jamaica or the extent of hybridization and competition.
Therefore, we do not find that competition with non-native species is a
threat to the yellow-billed parrot.
Summary of Factor E
We do not have any information on the actual impacts of nonnative
species on the yellow-billed parrot on which to base an analysis of
potential threats; therefore, we do not find that nonnative species
pose a threat to the yellow-billed parrot.
Hurricanes frequently occur in the Caribbean. Healthy, widespread
populations of birds should be able to adapt to changes following a
hurricane. However, species like the yellow-billed parrot that are
frugivores and rely on cavities in old growth trees, are particularly
vulnerable to the impacts of hurricanes on forests. Food sources may be
reduced for years following a storm and already-limited nesting
cavities are further reduced; declines in these vital resources could
result in competition with other species and a decline in the
population. These impacts are further exacerbated due to deforestation
activities that have caused a decline in the extent and quality of
yellow-billed parrot habitat and declines in the yellow-billed parrot
population. Because of the ongoing loss of habitat, yellow-billed
parrots may not be able to recover from the impacts of a destructive
hurricane; therefore, we find that hurricanes are a threat to the
yellow-billed parrot now and in the foreseeable future.

Finding

As required by the Act, we conducted a review of the status of the
species and considered the five factors in assessing whether the
yellow-billed parrot is endangered or threatened throughout all or a
significant portion of its range. We examined the best scientific and
commercial information available regarding the past, present, and
future threats faced by the yellow-billed parrot. We reviewed the
petition, information available in our files, and other available
published and unpublished information.
The yellow-billed parrot is only found on the island of Jamaica and
occurs in fragments across its range; at least 80 percent of the
yellow-billed parrot population occurs in one area of the island. The
entire population of this species is reported as declining, and the
extent and quality of habitat is also declining. This species faces
immediate and significant threats, primarily from deforestation through
logging, conversion of land to agriculture, road construction, and
mining and the subsequent encroachment of nonnative species. Ongoing
deforestation activities threaten to remove more of the limited mature
trees the yellow-billed parrot needs for nesting. Cockpit Country is
also threatened by potential future mining. If mining were to occur,
the damage would be irreversible. Additionally, habitat alteration
creates an optimal habitat for the yellow boa, which has already been
reported to prey on yellow-billed parrot nestlings; continuing
deforestation increases this risk of predation. Adults and nestling
yellow-billed parrots are captured for the local pet bird trade.
Poaching of birds for the pet bird trade removes vital individuals from
the population and essential nesting cavities. There are regulatory
mechanisms in place to protect the yellow-billed parrot and its
habitat, but enforcement appears to be inadequate given the threats
this species is currently facing. Hurricanes also pose a threat to the
yellow-billed parrot because of the already ongoing deforestation and
population decline. This species, in the long term, may not be able to
recover from the additional impacts of hurricanes on foraging and
nesting resources given the continuing loss of food and nesting
resources by logging, agriculture, road development, and mining.
Section 3 of the Act defines an ``endangered species'' as ``any
species which is in danger of extinction throughout all or a
significant portion of its range,'' and a ``threatened species'' as
``any species which is likely to become an endangered species within
the foreseeable future throughout all or a significant portion of its
range.'' The magnitude of the threats the yellow-billed parrot is
facing is high. Nesting success is reported to be low for this species.
Given the declining population, limited habitat and range, the ongoing
and future threats to the remaining habitat, the associated increased
risk of predation, and the loss of individuals from poaching, long-term
survival of this species is a concern. Impacts from hurricanes are
likely to be exacerbated by the ongoing deforestation and declining
population. Any loss of individuals from the population or loss of
vital nesting cavities from current or future threats further reduces
the population and loss of already limited habitat and is likely to
affect the reproductive success of this species. Because the population
of this species is estimated at 10,000-20,000 individuals and mining is
not currently occurring in

[[Page 62752]]

Cockpit Country, we do not believe that this species is currently in
danger of extinction. However, we believe that if mining occurs in
Cockpit Country, suitable habitat continues to be lost, or the effects
of the current threats acting on the species are not sufficiently
ameliorated within the foreseeable future, the species will continue to
decline and likely become in danger of extinction; therefore on the
basis of the best scientific and commercial information, we find that
the yellow-billed parrot meets the definition of a ``threatened
species'' under the Act, and we are proposing to list the yellow-billed
parrot as threatened throughout its range.

Significant Portion of the Range

Having determined that the yellow-billed parrot meets the
definition of threatened throughout its range, we must next consider
whether the yellow-billed parrot is in danger of extinction within a
significant portion of its range.
The Act defines an endangered species as one ``in danger of
extinction throughout all or a significant portion of its range,'' and
a threatened species as one ``likely to become an endangered species
within the foreseeable future throughout all or a significant portion
of its range.'' The term ``significant portion of its range'' is not
defined by the statute. For the purposes of this finding, a portion of
a species' range is ``significant'' if it is part of the current range
of the species and it provides a crucial contribution to the
representation, resiliency, or redundancy of the species. For the
contribution to be crucial it must be at a level such that, without
that portion, the species would be in danger of extinction.
In determining whether a species is threatened or endangered in a
significant portion of its range, we first identify any portions of the
range of the species that warrant further consideration. The range of a
species can theoretically be divided into portions in an infinite
number of ways. However, there is no purpose to analyzing portions of
the range that are not reasonably likely to be significant and
threatened or endangered. To identify only those portions that warrant
further consideration, we determine whether there is substantial
information indicating that: (1) The portions may be significant, and
(2) the species may be in danger of extinction there or likely to
become so within the foreseeable future. In practice, a key part of
this analysis is whether the threats are geographically concentrated in
some way. If the threats to the species are essentially uniform
throughout its range, no portion is likely to warrant further
consideration. Moreover, if any concentration of threats applies only
to portions of the species' range that clearly would not meet the
biologically based definition of ``significant'' (i.e., the loss of
that portion clearly would not reasonably be expected to increase the
vulnerability to extinction of the entire species to the point that the
species would then be in danger of extinction), such portions will not
warrant further consideration.
If we identify portions that warrant further consideration, we then
determine their status (i.e., whether in fact the species is endangered
or threatened in a significant portion of its range). Depending on the
biology of the species, its range, and the threats it faces, it might
be more efficient for us to address either the ``significant'' question
first, or the status question first. Thus, if we determine that a
portion of the range is not ``significant,'' we do not need to
determine whether the species is endangered or threatened there; if we
determine that the species is not endangered or threatened in a portion
of its range, we do not need to determine if that portion is
``significant.''
Applying the process described above for determining whether this
species is endangered in a significant portion of its range, we
considered status first to determine if any threats or future threats
acting individually or collectively endanger the species in a portion
of its range. We have analyzed the threats to the degree possible, and
determined they are essentially uniform throughout the species' range
and no portion is being impacted to a significant degree more than any
other.

Available Conservation Measures

Conservation measures provided to species listed as endangered or
threatened under the Act include recognition, requirements for Federal
protection, and prohibitions against certain practices. Recognition
through listing results in public awareness, and encourages and results
in conservation actions by Federal and State governments, private
agencies and interest groups, and individuals.
The Act and its implementing regulations set forth a series of
general prohibitions and exceptions that apply to all endangered and
threatened wildlife. These prohibitions, at 50 CFR 17.21 and 17.31, in
part, make it illegal for any person subject to the jurisdiction of the
United States to ``take'' (includes harass, harm, pursue, hunt, shoot,
wound, kill, trap, capture, or to attempt any of these) within the
United States or upon the high seas; import or export; deliver,
receive, carry, transport, or ship in interstate or foreign commerce in
the course of commercial activity; or sell or offer for sale in
interstate or foreign commerce any endangered wildlife species. It also
is illegal to possess, sell, deliver, carry, transport, or ship any
such wildlife that has been taken in violation of the Act. Certain
exceptions apply to agents of the Service and State conservation
agencies.
Permits may be issued to carry out otherwise prohibited activities
involving endangered and threatened wildlife species under certain
circumstances. Regulations governing permits are codified at 50 CFR
17.22 for endangered species and 17.32 for threatened species. With
regard to endangered wildlife, a permit may be issued for the following
purposes: For scientific purposes, to enhance the propagation or
survival of the species, and for incidental take in connection with
otherwise lawful activities. For threatened species, a permit may be
issued for the same activities, as well as zoological exhibition,
education, and special purposes consistent with the Act.

Special Rule

Section 4(d) of the Act states that the Secretary of the Interior
(Secretary) may, by regulation, extend to threatened species
prohibitions provided for endangered species under section 9 of the
Act. Our implementing regulations for threatened wildlife (50 CFR
17.31) incorporate the section 9 prohibitions for endangered wildlife,
except when a special rule is promulgated. For threatened species,
section 4(d) of the Act gives the Secretary discretion to specify the
prohibitions and any exceptions to those prohibitions that are
appropriate for the species, and provisions that are necessary and
advisable to provide for the conservation of the species. A special
rule allows us to include provisions that are tailored to the specific
conservation needs of the threatened species and which may be more or
less restrictive than the general provisions at 50 CFR 17.31.
If the proposed special rule is adopted, all prohibitions and
provisions of 50 CFR 17.31 and 17.32 will apply to the yellow-billed
parrot, except that import and export of certain yellow-billed parrots
into and from the United States and certain acts in interstate commerce
will be allowed without a permit under the Act, as explained below.

[[Page 62753]]

Import and Export

The proposed special rule will apply to all commercial and
noncommercial international shipments of live and dead yellow-billed
parrots and parts and products, including the import and export of
personal pets and research samples. In most instances, the special rule
will adopt the existing conservation regulatory requirements of CITES
and the WBCA as the appropriate regulatory provisions for the import
and export of certain yellow-billed parrots. The import and export of
birds into and from the United States, taken from the wild after the
date this species is listed under the Act; conducting an activity that
could take or incidentally take yellow-billed parrots; and foreign
commerce will need to meet the requirements of 50 CFR 17.31 and 17.32,
including obtaining a permit under the Act. However, the special rule
proposes to allow a person to import or export either: (1) A specimen
held in captivity prior to the date this species is listed under the
Act; or (2) a captive-bred specimen, without a permit issued under the
Act, provided the export is authorized under CITES and the import is
authorized under CITES and the WBCA. If a specimen was taken from the
wild and held in captivity prior to the date this species is listed
under the Act, the importer or exporter will need to provide
documentation to support that status, such as a copy of the original
CITES permit indicating when the bird was removed from the wild or
museum specimen reports. For captive-bred birds, the importer would
need to provide either a valid CITES export/reexport document issued by
a foreign Management Authority that indicates that the specimen was
captive-bred by using a source code on the face of the permit of either
``C,'' ``D,'' or ``F.'' For exporters of captive-bred birds, a signed
and dated statement from the breeder of the bird, along with
documentation on the source of their breeding stock, would document the
captive-bred status of U.S. birds.
The proposed special rule will apply to birds captive-bred in the
United States and abroad. The terms ``captive-bred'' and ``captivity''
used in the proposed special rule are defined in the regulations at 50
CFR 17.3 and refer to wildlife produced in a controlled environment
that is intensively manipulated by man from parents that mated or
otherwise transferred gametes in captivity. Although the proposed
special rule requires a permit under the Act to ``take'' (including
harm and harass) a yellow-billed parrot, ``take'' does not include
generally accepted animal husbandry practices, breeding procedures, or
provisions of veterinary care for confining, tranquilizing, or
anesthetizing, when such practices, procedures, or provisions are not
likely to result in injury to the wildlife when applied to captive
wildlife.
We assessed the conservation needs of the yellow-billed parrot in
light of the broad protections provided to the species under CITES and
the WBCA. The yellow-billed parrot is listed in Appendix II under
CITES, a treaty which contributes to the conservation of the species by
monitoring international trade and ensuring that trade in Appendix II
species is not detrimental to the survival of the species (see
Conservation Status). The purpose of the WBCA is to promote the
conservation of exotic birds and to ensure that imports of exotic birds
into the United States do not harm them (See Factor D). The best
available commercial data indicate that the current threat to the
yellow-billed parrot stems mainly from illegal trade in the domestic
markets of Jamaica. Thus, the general prohibitions on import and export
contained in 50 CFR 17.31, which only extend within the jurisdiction of
the United States, would not regulate such activities. Accordingly we
find that the import and export requirements of the proposed special
rule provide the necessary and advisable conservation measures that are
needed for this species.

Interstate Commerce

Under the proposed special rule, a person may deliver, receive,
carry, transport, or ship a yellow-billed parrot in interstate commerce
in the course of a commercial activity, or sell or offer to sell in
interstate commerce a yellow-billed parrot without a permit under the
Act. At the same time, the prohibitions on take under 50 CFR 17.31
would apply under this special rule, and any interstate commerce
activities that could incidentally take yellow-billed parrots or
otherwise prohibited acts in foreign commerce would require a permit
under 50 CFR 17.32.
Although we do not have current data, we believe there are few
yellow-billed parrots in the United States. Current ISIS (International
Species Information System) information shows no yellow-billed parrots
held in U.S. zoos (ISIS 2011, p. 1). However, some zoos do not enter
data into the ISIS database. Persons in the United States have imported
and exported captive-bred yellow-billed parrots for commercial purposes
and one body for scientific purposes, but trade has been very limited
(UNEP-WCMC 2011, unpaginated). We have no information to suggest that
interstate commerce activities are associated with threats to the
yellow-billed parrot or would negatively affect any efforts aimed at
the recovery of wild populations of the species. Therefore, because
acts in interstate commerce within the United States has not been found
to threaten the yellow-billed parrot, the species is otherwise
protected in the course of interstate commercial activities under the
incidental take provisions and foreign commerce provisions contained in
50 CFR 17.31, and international trade of this species is regulated
under CITES, we find this special rule contains all the prohibitions
and authorizations necessary and advisable for the conservation of the
yellow-billed parrot.

Peer Review

In accordance with our policy, ``Notice of Interagency Cooperative
Policy for Peer Review in Endangered Species Act Activities,'' that was
published on July 1, 1994 (59 FR 34270), we will seek the expert
opinion of at least three appropriate independent specialists regarding
this proposed rule. The purpose of such review is to ensure listing
decisions are based on scientifically sound data, assumptions, and
analysis. We will send copies of this proposed rule to the peer
reviewers immediately following publication in the Federal Register. We
will invite these peer reviewers to comment, during the public comment
period, on the specific assumptions and the data that are the basis for
our conclusions regarding the proposal to list as as threatened the
yellow-billed parrot, under the Act.
We will consider all comments and information we receive during the
comment period on this proposed rule during preparation of a final
rulemaking. Accordingly, our final decision may differ from this
proposal.

Required Determinations

Clarity of Rule

We are required by Executive Orders 12866 and 12988 and by the
Presidential Memorandum of June 1, 1998, to write all rules in plain
language. This means that each rule we publish must:
(a) Be logically organized;
(b) Use the active voice to address readers directly;
(c) Use clear language rather than jargon;
(d) Be divided into short sections and sentences; and
(e) Use lists and tables wherever possible.

[[Page 62754]]

If you feel that we have not met these requirements, send us
comments by one of the methods listed in ADDRESSES. To better help us
revise the rule, your comments should be as specific as possible. For
example, you should tell us the names of the sections or paragraphs
that are unclearly written, which sections or sentences are too long,
the sections where you feel lists or tables would be useful, etc.

National Environmental Policy Act (42 U.S.C. 4321 et seq.)

We have determined that we do not need to prepare an environmental
assessment, as defined under the authority of the National
Environmental Policy Act of 1969, in connection with regulations
adopted under section 4(a) of the Act. We published a notice outlining
our reasons for this determination in the Federal Register on October
25, 1983 (48 FR 49244).

References Cited

A list of all references cited in this document is available at
http://www.regulations.gov, Docket No. FWS-R9-ES-2011-0075, or upon
request from the U.S. Fish and Wildlife Service, Endangered Species
Program, Branch of Foreign Species (see FOR FURTHER INFORMATION CONTACT
section).

Author

The primary authors of this notice are staff members of the Branch
of Foreign Species, Endangered Species Program, U.S. Fish and Wildlife
Service.

Authority

We are issuing this proposed rule under the authority of the
Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.).

List of Subjects in 50 CFR Part 17

Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, Transportation.

Proposed Regulation Promulgation

Accordingly, we propose to amend part 17, subchapter B of chapter
I, title 50 of the Code of Federal Regulations, as set forth below:

PART 17--[AMENDED]

1. The authority citation for part 17 continues to read as follows:

Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C.
4201-4245; Pub. L. 99-625, 100 Stat. 3500; unless otherwise noted.

2. Amend Sec. 17.11(h) by adding an entry for ``Parrot, yellow-
billed'' in alphabetical order under BIRDS to the List of Endangered
and Threatened Wildlife to read as follows:

Sec. 17.11 Endangered and threatened wildlife.

* * * * *
(h) * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
Species Vertebrate
-------------------------------------------------------- population where Critical Special
Historic range endangered or Status When listed habitat rules
Common name Scientific name threatened
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * * * *
Birds

* * * * * * *
Parrot, yellow-billed............ Amazona collaria.... Jamaica............ Entire............. T ........... NA 17.41(c)

* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *
3. Amend Sec. 17.41 by revising paragraph (c) to read as follows:

Sec. 17.41 Special rules--birds.

* * * * *
(c) The following species in the parrot family: Salmon-crested
cockatoo (Cacatua moluccensis) and yellow-billed parrot (Amazona
collaria).
(1) Except as noted in paragraphs (c)(2) and (c)(3) of this
section, all prohibitions and provisions of Sec. Sec. 17.31 and 17.32
of this part apply to these species.
(2) Import and export. You may import or export a specimen without
a permit issued under Sec. 17.32 of this part only when the provisions
of parts 13, 14, 15, and 23 of this chapter have been met and you meet
the following requirements:
(i) Captive-bred specimens: The source code on the Convention on
International Trade in Endangered Species of Wild Fauna and Flora
(CITES) document accompanying the specimen must be ``F'' (captive-
bred), ``C'' (bred in captivity), or ``D'' (bred in captivity for
commercial purposes) (see 50 CFR 23.24); or
(ii) Specimens held in captivity prior to certain dates: You must
provide documentation to demonstrate that the specimen was held in
captivity prior to the dates specified in paragraphs (c)(2)(ii)(A) and
(B) of this section. Such documentation may include copies of receipts,
accession or veterinary records, CITES documents, or wildlife
declaration forms, which must be dated prior to the specified dates.
(A) For salmon-crested cockatoos: January 18, 1990 (the date this
species was transferred to CITES Appendix I).
(B) For yellow-billed parrots: [Insert publication date for final
rule] (the date this species was listed under the Endangered Species
Act of 1973, as amended (Act) (16 U.S.C. 1531 et seq.)).
(3) Interstate commerce. Except where use after import is
restricted under Sec. 23.55 of this chapter, you may deliver, receive,
carry, transport, or ship in interstate commerce and in the course of a
commercial activity, or sell or offer to sell, in interstate commerce
the species listed in paragraph (c) of this section.
* * * * *

Dated: September 20, 2011
Gregory E. Siekaniec
Director, Fish and Wildlife Service.
[FR Doc. 2011-25811 Filed 10-7-11; 8:45 am]
BILLING CODE 4310-55-P