[Federal Register Volume 77, Number 3 (Thursday, January 5, 2012)]
[Proposed Rules]
[Pages 666-697]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-33602]
[[Page 665]]
Vol. 77
Thursday,
No. 3
January 5, 2012
Part IV
Department of the Interior
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Fish and Wildlife Service
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50 CFR Part 17
Endangered and Threatened Wildlife and Plants; Listing Two Distinct
Population Segments of Broad-Snouted Caiman as Endangered or Threatened
and a Special Rule; Proposed Rule
Federal Register / Vol. 77 , No. 3 / Thursday, January 5, 2012 /
Proposed Rules
[[Page 666]]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R9-ES-2010-0089; 4500030115; 1113F116]
RIN 1018-AT56
Endangered and Threatened Wildlife and Plants; Listing Two
Distinct Population Segments of Broad-Snouted Caiman as Endangered or
Threatened and a Special Rule
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), propose to
reclassify the broad-snouted caiman in Argentina from endangered to
threatened in the List of Endangered and Threatened Wildlife under the
Endangered Species Act of 1973, as amended (ESA or Act). As part of
this proposed rule, we would establish two distinct population segments
(DPSs) of the broad-snouted caiman (Caiman latirostris): a DPS in
Argentina and a DPS that would encompass Bolivia, Brazil, Paraguay, and
Uruguay. This second DPS would remain listed as endangered under the
Act. We are proposing this action under the Act based on the best
available data indicating that the Argentine population of the broad-
snouted caiman no longer meets the definition of endangered under the
Act. Intense management of the species in Argentina has brought the
Argentine DPS to the point where a change in status is appropriate.
This also serves as our 5-year review.
We also propose that the Argentine population of broad-snouted
caiman be included in the special rule for trade in caiman species.
Inclusion in this special rule would allow U.S. commerce in skins,
other parts, and products of this species originating from Argentina,
and reexport of such specimens originating in Argentina, if certain
conditions are met prior to exportation to the United States. We are
seeking information, data, and comments from the public on this
proposed rule. This proposed rule to reclassify the broad-snouted
caiman in Argentina to threatened under the Act also constitutes our
warranted 12-month finding (status review) on a petition.
DATES: To ensure that we are able to consider your comments on this
proposed rule, they must be received or postmarked on or before March
5, 2012. We must receive requests for public hearings, in writing, at
the address shown in FOR FURTHER INFORMATION CONTACT below by February
21, 2012.
ADDRESSES: You may submit comments by one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Search for docket number FWS-R9-ES-2010-0089 and then follow the
instructions for submitting comments.
U.S. mail or hand-delivery: Public Comments Processing,
Attn: FWS-R9-ES-2010-0089; 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 email 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 Public
Comments 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,
U.S.A. Individuals who are hearing-impaired or speech-impaired may call
the Federal Information Relay Service at 800-877-8339 for TTY
assistance 24 hours a day, 7 days a week.
SUPPLEMENTARY INFORMATION:
Public Comments
We received eight comments from the public on the 90-day finding
(73 FR 33968, published on June 16, 2008). We received comments from
foreign government agencies, the scientific community, and the reptile
product industry. We received scientific literature about this species
from members of the IUCN Crocodile Specialist Group. This literature
provided additional information about the distribution, abundance, and
conservation status of the species. The comments and information we
received have been considered and incorporated into this proposed rule
to reclassify the broad-snouted caiman.
We intend that any final action resulting from this proposed rule
is based on the best scientific and commercial data available and be as
accurate and effective as possible. Therefore, we request comments and
information from government agencies, the scientific community,
industry, and other interested parties concerning this proposed rule.
The comments that will be most useful and likely to influence our
decisions are those supported by scientific data or peer-reviewed
studies and those that include citations to, and analyses of,
applicable laws and regulations. Please make your comments as specific
as possible and explain the basis for them. In addition, please include
sufficient information with your comments to allow us to authenticate
any scientific or commercial data you reference or provide. In
particular, we seek comments concerning the following:
(1) New biological, trade, or other relevant information and data
concerning any threat (or lack thereof) to the broad-snouted caiman,
particularly whether there is information that indicates the species no
longer meets the definition of endangered in any part of its range.
(2) New information and data on whether or not climate change is a
threat to the broad-snouted caiman, what regional climate change models
are available, and whether they are reliable and credible to use as a
step-down model for assessing the effects of climate change on the
species and its habitat.
(3) The location of any additional populations of broad-snouted
caiman.
(4) New information concerning the range, distribution, and
population size and population trends of the broad-snouted caiman in
the wild.
(5) New information on the current or planned activities within the
geographic range of the broad-snouted caiman that may impact or benefit
the species.
(6) New information concerning captive-breeding operations in
Argentina, Bolivia, Brazil, Paraguay, and Uruguay.
(7) New information and data on the broad-snouted caiman in
Argentina, Bolivia, Brazil, Paraguay, and Uruguay that would enhance
our analysis of whether or not these two populations qualify as a DPS
under the Act (16 U.S.C. 1531 et seq.), and whether or not these
populations warrant continued protection under the Act.
(8) Information concerning the status and results of monitoring
actions for the broad-snouted caiman, including those implemented under
the Convention on International Trade in Endangered Species of Wild
Fauna and Flora (CITES).
The information available emphasizes field studies and species
management in Argentina, with little direct information on the species
in the other range countries (Bolivia, Brazil, Paraguay, and Uruguay).
This species is primarily being monitored in Argentina, and we were
unable to find additional information or only able to locate a small
amount of information regarding the broad-snouted caiman in its other
range countries. We are seeking information and data on the status of
the
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species throughout its range, particularly in Bolivia, Brazil,
Paraguay, and Uruguay as part of this proposed rule.
Please note that 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, as section 4(b)(1)(A) of the Act directs that a
determination 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.''
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.
You may submit your comments and materials concerning this proposed
rule by one of the methods listed in ADDRESSES. If you submit a comment
via http://www.regulations.gov, your entire comment--including any
personal identifying information--will be posted on the Web site.
Please note that comments posted to this Web site are not immediately
viewable. When you submit a comment, the system receives it
immediately. However, the comment will not be publicly viewable until
we post it, which might not occur until several days after submission.
If you mail or hand-deliver a hardcopy comment that includes
personal identifying information, you may request at the top of your
document that we withhold this information from public review. However,
we cannot guarantee that we will be able to do so. To ensure that the
electronic docket for this rulemaking is complete and all comments we
receive are publicly available, we will post all hardcopy submissions
on http://www.regulations.gov.
In addition, comments and materials we receive, as well as
supporting documentation used in preparing this proposed rule, will be
available for public inspection in two ways:
(1) You can view them on http://www.regulations.gov. In the Enter
Keyword or ID box, enter FWS-R9-ES-2010-0089, which is the docket
number for this rulemaking. Then click on the Search button.
(2) You can make an appointment, during normal business hours, to
view the comments and materials in person at the U.S. Fish and Wildlife
Service's Endangered Species Program located in our Headquarters office
(see the FOR FURTHER INFORMATION CONTACT section).
Public Availability of Comments
Before including your address, phone number, email address, or
other personal identifying information in your comment, you should be
aware that your entire comment--including your personal identifying
information--may be made publicly available at any time. While you can
ask us in your comment to withhold your personal identifying
information from public review, we cannot guarantee that we will be
able to do so.
Public Hearing
Section 4(b)(5)(E) of the Act provides for one or more public
hearings on this proposed rule, if requested. 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 under ADDRESSES. We must receive
requests for public hearings in writing at the address shown in FOR
FURTHER INFORMATION CONTACT by the date shown in DATES. We will
schedule public hearings on this proposal, if any are requested, and
announce the dates, times, and places of those hearings, as well as how
to obtain reasonable accommodations, in the Federal Register at least
15 days before the first hearing.
Previous Federal Actions
We listed this species as endangered on June 14, 1976 (41 FR
24062), in response to a petition we received in 1975 from the Fund for
Animals, requesting that the Service list all species that were
included in Appendix I of CITES (See additional discussion in CITES
section.) as endangered under the Act. In 2007, we received a petition
from the Government of Argentina, dated November 5, 2007, requesting
that we reclassify the broad-snouted caiman in Argentina from
endangered to threatened. The Argentine population of broad-snouted
caiman has been listed on Appendix II of CITES since 1997. The broad-
snouted caiman is still listed in Appendix I of CITES in Bolivia,
Brazil, Paraguay, and Uruguay. With this petition, the Government of
Argentina requested reclassification of the species from endangered to
threatened in that country only. The petition contained detailed
information about the natural history and biology of the broad-snouted
caiman including the species' current status and distribution in
Argentina. The Government of Argentina cited reasons for the
reclassification such as the broad-snouted caiman populations in
Argentina are healthy, habitat remains plentiful, caiman ranching
programs in Argentina have proven successful (wild populations are
increasing), and broad-snouted caiman production and harvest is
increasing in Argentina.
The reclassification of the species under the Act would allow for
commercial U.S. imports of broad-snouted caiman originating from
Argentina to occur. Because the petition from the Government of
Argentina was for reclassification of the Argentine population only,
the Service must first consider whether the population of Argentina
qualifies as a distinct vertebrate population segment (DPS) under the
Act. (See discussion in Distinct Population Segment section.). We then
evaluate the entire species to determine if a change in status under
the Act is warranted based on any new information since the species was
listed under the Act. The DPS policy requires FWS to determine whether
or not a vertebrate population is discrete and significant; and the
population segment's conservation status in relation to the Act's
standards for listing, delisting, or reclassification (i.e., is the
population segment endangered or threatened). If it qualifies, the
policy requires a status determination to determine if the population
is endangered or threatened.
On June 16, 2008, the Service published in the Federal Register a
90-day finding (73 FR 33968) on the petition, stating that the petition
provided substantial information to indicate that the requested action
(to reclassify the Argentine population of the broad-snouted caiman)
may be warranted. In that finding, we announced that we were initiating
a status review of the species as required under section 4(b)(3)(A) of
the Act, and that we were seeking comments on the petitioned action, as
well as information on the status of the species, particularly in
Argentina. The comment period closed on September 15, 2008. During the
comment period, we received scientific literature about this species
from members of the International Union for Conservation of Nature
(IUCN) Crocodile Specialist Group (CSG), and researchers in South
America, particularly in Argentina. This literature provided additional
information about the distribution, abundance, and conservation status
of the species, particularly in Argentina. The comments and new
information have been considered and incorporated into this proposed
rule to reclassify the
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Argentine population of the broad-snouted caiman.
Background
The primary purpose of the Act is to prevent animal and plant
species' endangerment and extinction. The Act requires the Service to
identify species that meet the Act's definitions of endangered and
threatened species, to add those species to the Federal Lists of
Endangered and Threatened Wildlife and Plants (50 CFR 17.11 and 17.12,
respectively), and to plan and implement conservation measures to
improve their status to the point at which they no longer need the
protections of the Act. When that protection is no longer needed, we
take steps to remove (delist) the species from the Act. If a species is
listed as endangered, we may first reclassify it to threatened status
as an intermediate step before its eventual removal from the Federal
Lists of Endangered and Threatened Wildlife and Plants; however,
reclassification to threatened status is not required prior to removal.
Section 3 of the Act provides the following definitions that are
relevant to this rule: Endangered species means any species which is in
danger of extinction throughout all or a significant portion of its
range; Threatened species means any species which is likely to become
an endangered species within the foreseeable future throughout all or a
significant portion of its range. Species includes any subspecies of
fish or wildlife or plants, and any DPS of any species of vertebrate
fish or wildlife which interbreeds when mature.
When an endangered species (or DPS) has recovered to the point
where it is no longer currently in danger of extinction throughout all
or a significant portion of its range, but is likely to become so in
the foreseeable future, it is appropriate to reclassify that species
(or DPS) to threatened. The broad-snouted caiman was listed as
endangered in 1976. However, recent information indicates that the
Argentine population has increased since the time of the original
listing.
Technical Corrections
This proposed rule would correct errors in 50 CFR 17.11 as follows:
The table at 50 CFR 17.11(h) does not currently list Bolivia in the
historic range of the broad-snouted caiman. This proposed rule corrects
the ``Historic Range'' entry to include Bolivia. In addition, we
propose to correct errors in the entries for three other caiman
species: brown caiman, common caiman, and yacare caiman. The entries
for these species in the ``Special Rules'' column direct readers to 50
CFR 17.42(g); however, the special rule for all of these species is at
50 CFR 17.42(c).
Five-Year Review
Section 4(c)(2)(A) of the Act requires that we conduct a review of
listed species at least once every 5 years. A 5-year review is a
periodic process conducted to ensure that the classification of a
listed species is appropriate. Section 4(c)(2)(B) requires that we
determine: (1) Whether a species no longer meets the definition of
threatened or endangered and should be removed from the List
(delisted); (2) whether a species more properly meets the definition of
threatened and should be reclassified from endangered to threatened; or
(3) whether a species more properly meets the definition of endangered
and should be reclassified from threatened to endangered. It is based
on the best scientific and commercial data available at the time of the
review. Therefore, we are requesting submission of any such information
that has become available since the original listing of this species.
This serves as our 5-year review of this species.
Species Description
The broad-snouted caiman is a medium-sized crocodilian with a body
length usually no more than 2 meters (m) (6.6 feet (ft)), and has the
proportionally broadest snout of any crocodile (Verdade et al. 2010, p.
18). It is found generally in lagoons, rivers, creeks, marshes, ponds,
and mangroves in river systems of northeast Argentina, southeast
Bolivia, Paraguay, and northern Uruguay (Borteiro et al. 2006, p. 97;
Verdade et al. 2010, p. 18).
According to Imhof (unpublished 2006), approximately 60 percent of
the species' range is in Brazil, 30 percent is in Argentina, seven
percent is in Paraguay, and three percent is in Bolivia. The percentage
of its range in Uruguay is unknown. Broad-snouted caiman populations
are on the Atlantic coast, connected through the Paran[aacute] and
S[atilde]o Francisco River systems of northeast Argentina, southeast
Bolivia, Paraguay, and northeast Uruguay. The S[atilde]o Francisco
River is 2,914 km (1,811 mi) in length.
The broad-snouted caiman exhibits greater climatic tolerance than
other caiman species (Verdade and Pi[ntilde]a 2006). The southernmost
limit of the distribution of the broad-snouted caiman is northern
Argentina (Jenkins et al. 2006), where it is found in the provinces of
Chaco, Corrientes, Entre R[iacute]os, Formosa, Jujuy, Misiones, Salta,
Santa Fe, and Santiago del Estero. In Argentina, 80 percent of the
Argentine distribution of the population occurs in the Province of
Santa Fe. Here, the species is found primarily in the floodplain along
the Paran[aacute] River, the Salado river watershed, and the Saladillos
watershed (Larriera 1995, pp. 221-230).
This species is primarily found at altitudes up to 100 m (328 ft)
above sea level (Borteiro et al. 2006, p. 99). The broad-snouted caiman
exhibits a high degree of flexibility in its habitat preferences. It is
an opportunistic feeder and prefers shallow, vegetated water. It
generally prefers shallow aquatic environments with abundant
vegetation. In some areas, the broad-snouted caiman is sympatric
(occurs in overlapping geographical areas) with the yacare caiman
(Caiman yacare), but the broad-snouted caiman is usually found in
quieter, more heavily vegetated waters (Medem 1983, Scott et al. 1990).
C. yacare prefers large rivers with adjacent marshes (Scott et al.
1990, pp. 43-51). Like many crocodilians, the broad-snouted caiman can
be found in temporary bodies of water and manmade habitats, such as
isolated cattle or agricultural stock ponds, livestock watering holes,
and drainage ditches or areas of runoff water. It can be found in
flooded forested areas in years of intense rains usually within 2,000 m
(6,562 ft) from bodies of water (Larriera et al. 2008, p. 151).
The reproductive cycle of this species is seasonal. Mating occurs
in the spring (October through December), when polygynous males (males
who breed with more than one female) establish territories. When laying
eggs, this species constructs a mound out of vegetation, and it
deposits its eggs in the center of the mound. This process is called
``mound-nesting.'' Another characteristic of this species is that it
exhibits communal nesting (several females laying eggs in the same
nest). Partially divided nest chambers, each with normal clutch sizes,
and nests with unusually large clutches (129 eggs) have been observed
in this species which is indicative of communal nesting (Larriera
2002). Clutch sizes range between 18 to 50 eggs, with females typically
laying between 30 and 40 eggs (Micucci and Waller 1995). Egg laying
occurs during the wet summer season, which occurs from December through
February (Verdade 1998, pp. 18-19). Young hatch at the end of fall and
early winter (February-April) (Micucci and Waller 1995, p. 81).
This species is an opportunistic feeder. The young feed on insects
and small arthropods. As hatchlings grow, their diet becomes primarily
aquatic mollusks and crustaceans, and then
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adults primarily feed on fish (Micucci and Waller 1995, pp. 81-112).
CITES
The broad-snouted caiman was listed in Appendix I of CITES on July
1, 1975. CITES Appendix I includes species that are ``threatened with
extinction which are or may be affected by trade.'' Species listed
under Appendix I may not be traded for primarily commercial purposes.
These protections were put in place because the species had suffered
substantial population declines throughout its range due to habitat
destruction and overexploitation through the commercial crocodilian
skin trade.
The Argentine population was transferred to Appendix II (which
allows for commercial trade) in 1997. CITES Appendix II includes
species that are less vulnerable to extinction and that ``although not
necessarily now threatened with extinction may become so unless trade
in specimens of such species is subject to strict regulation in order
to avoid utilization incompatible with their survival.'' Management
activities in Argentina were reviewed by the CITES Parties prior to
transferring this population from Appendix I to Appendix II. The review
included assessments of population status, determination of sustainable
harvest quotas (and approval of ranching programs), and the control of
the illegal harvest. Management regulations imposed after harvest
included the tagging of skins and issuance of permits to satisfy the
requirements for Appendix-II species. For a more in-depth discussion on
CITES, please see the International Trade and Regulation under CITES
section under Factor B. Overutilization for Commercial, Recreational,
Scientific, or Educational Purposes.
Trade
Beginning in the 1940s, the broad-snouted caiman was hunted
commercially for its leather, which is considered to be higher quality
than that of other caiman species (Verdade et al. 2010, p. 19). Prior
to being protected by CITES, thousands of broad-snouted caiman skins
were exported from its range countries, which led to the listing of the
species in Appendix I of CITES in 1975 (Verdade 1998, pp. 18-19,
Larriera 2003, unpaginated). In 1990, ``Projecto Yacar[eacute]''
(``Caiman Project'') was implemented in Argentina based on a concept of
conservation through sustainable use of broad-snouted caiman. The
objective of the program was to improve the status of the population in
two ways: by creating incentives for landowners and by increasing
public awareness in the local communities to encourage the increase of
caiman populations. Another objective was to conserve natural wetlands
on which caimans depend (Larriera et al. 2008a, pp. 143-145). As of
2008, four ranching programs were operating in Argentina (Larriera et
al. 2008), producing a total of approximately 12,000 skins per year
(Verdade et al. 2010, p. 19). As of 2010, there were seven ranching
programs registered with the government of Argentina. These programs
also reintroduce captive-raised individuals to the wild. Three of the
programs function on an educational basis, with no commercial
production. These educational ranching operations are in Entre
R[iacute]os, Chaco, and Corrientes Provinces. Two of the commercial
ranching programs are in Formosa; the other two are in Corrientes and
Santa Fe Provinces. In 2010, there were 7,768 hatchlings produced in
Argentina (Larriera 2010b, p. 1).
Conservation Status
The broad-snouted caiman is currently listed as endangered
throughout its range under the ESA and received protections under the
ESA on June 14, 1976 (41 FR 24062). With respect to CITES, this species
was placed in Appendix I of CITES due to severe exploitation for
international trade and habitat destruction. Because the Argentine
broad-snouted caiman population was moved to Appendix II of CITES in
1997, commercial international trade is allowed, subject to several
restrictions, for specimens, parts, and products originating in
Argentina. The broad-snouted caiman is presently listed as endangered
in its entirety under the Act (41 FR 24062; June 14, 1976), and
importation into the United States of endangered species is prohibited
under the Act with certain exceptions. IUCN classifies this species as
``least concern'' (http://www.iucnredlist.org, accessed November 8,
2010). However, IUCN rankings do not confer any actual protection or
management.
Status in Range Countries and Population Estimates
In part because broad-snouted caiman habitat tends to be heavily
vegetated and is difficult to access for humans, actual numbers of the
species have been difficult to document; some researchers believe that
the size of the population has historically been underestimated
(Larriera and Imhof 2000, pp. 311-313). The imprecision is reflected in
the global wild population estimate of between 250,000 and 500,000
individuals (http://www.flmnh.ufl.edu/cnhc/csp_clat.htm, accessed
January 18, 2011).
It is difficult to accurately obtain population numbers for
crocodiles due to variables such as water temperature, the nature of
their behavior of disappearing underwater in response to certain types
of disturbance, their respective visibility based on water depths, and
their ability to migrate based on drought or flooding (Magnusson 1980,
pp. 393-394; Bayliss 1987, p. 158; Graham 1988, p. 74; Pacheco 1996, p.
44). An early journal article described ``night counts'' as a mechanism
for surveying American alligators, which live in habitat similar to
that of broad-snouted caiman (Wood et al. 1986, p. 263) and exhibit
similar characteristics. This paper indicated that ``the accuracy of
night count indices is only 20-25 percent of true population means''
and referred to previous research conducted by Taylor and Neal (1984,
pp. 316-317). Night count surveys use spotlights to detect caiman eyes.
Although night counts are not entirely precise, they are very often
used as a method of surveying crocodile species.
As an example of the difficulty in accurately obtaining population
numbers for crocodiles, a review of crocodile ranching programs
conducted for CITES by the IUCN Crocodile Specialist Group (CSG) in
2004 found that only three Parties (one of which was Argentina) to
CITES attempted to estimate what proportion of the total wild
production was being harvested under their ranching programs (Jenkins
et al. 2006, p. 35). These estimates were based on production estimates
which have wide variances and largely unknown accuracy. However, this
report indicated that the easiest data to obtain and report to track
population trends are those linked to the operation of the ranching
programs (the method used by Argentina), data such as numbers of eggs
collected from the wild. The eggs in Argentina's program are collected
from known nest locations in the wild and are an indication of caiman
density. This is why we use the information reported from Argentina's
egg harvest as the best available information of population trend. The
IUCN-CSG report also indicated that results probably indicate
deficiencies in reporting rather than any declines of conservation
significance in wild populations. The CSG recommended field data to
verify this assertion, some of which has been collected over the past
few years. However, recent surveys (Siroski 2004, 2006; Micucci et al.
2007;
[[Page 670]]
Pi[ntilde]a et al. 2008) have found broad-snouted caiman in sampled
populations at densities comparable to the non-threatened American
alligator (Wood et al. 1985, p. 271). In Argentina, recent densities of
broad-snouted caiman ranged between 5 and 238 caiman per kilometer
(km), and almost 70 sites were surveyed.
The map below illustrates the distribution of the species. Below is
the best available information regarding the status of the species in
each country.
[GRAPHIC] [TIFF OMITTED] TP05JA12.004
Argentina
In Argentina, the broad-snouted caiman is found in nine provinces
(Formosa, Santa Fe, Misiones, Corrientes, Entre Rios, Chaco, Santiago
del Estero, Salta, and Jujuy). According to Imhof (unpublished 2006),
approximately 30 percent of the species' range is in Argentina.
Argentina has large areas of intact, although altered habitat with
healthy populations (Verdade 1998, pp. 18-19; Pi[ntilde]a et al. 2009).
For example, broad-snouted caiman is thought to inhabit 2,400 of 2,700
water bodies (Pi[ntilde]a et al, 2008, p. 4) in the Salta Province in
Argentina. Surveys conducted in 2007 and 2008 indicated that broad-
snouted caiman habitat in Salta Province is about 3,650 km\2\ (1,409
mi\2\). These surveys found broad-snouted caiman densities had
increased to between 20 and 120 caiman per km in 2009; up from 2 to 8
caiman per km in 1990 when Argentina's management program of broad-
snouted caiman first began (Siroski and Larriera 2010, pers. comm.).
These densities are within the normal range for crocodile species. In
Argentina, this species has been observed in a variety of habitats and
waterways, including rivers near waterfalls such as Iguaz[uacute], and
freshwater creeks with rocky bottoms (Micucci and Waller 1995, pp. 81-
110). In the Province of Santa Fe, the species is found primarily in
the floodplain along the Paran[aacute] River, the Salado river
watershed, and the Saladillos watershed (Larriera 1995). Its nesting
areas reflect the adaptability of this species to a variety of
habitats. Nests have been found along dikes or levees, shallow lagoons,
still and slow-moving waters in rivers and channels, artificial ponds,
and on small hills in wetlands (Larriera 1995, pp. 221-230). Nests have
also been found in mature chaco forests of open or closed canopy as far
as 300-2,000 m (984-6,562 ft) from water (Larriera 1995, pp. 221-230;
Larriera et al. 2008, p. 151).
Since management and monitoring of the Argentine population began,
population estimates for Argentina have indicated an upward trend. This
has been achieved through an organized ranching program and
reintroduction of hatchlings into the wild (See Factors B and D
discussion below). Through this program, a significant increase in egg
collection and harvest has occurred in the wild; over 30,000 hatchlings
from eggs collected have been released into
[[Page 671]]
the wild since the program began. Surveys conducted between 1991 and
1992 indicated an average density of 12.2 individuals per km. Later
surveys conducted during the 1999-2000 season indicated that in the
Iber[aacute] Reserve, Corrientes Province, the density had increased to
32.4 individuals per km (Waller 2003 in Pi[ntilde]a et al. 2010, p. 4).
Night counts found an increase of less than 1 caiman per km when the
program began, to almost 10 caiman per km in 2000, and over 4 caiman
per kilometer in 2006 and 2007 (Larriera 2008c, p. 2). This decrease in
density during 2006-2007 was attributed to drought (Larriera 2008c, p.
3); however, natural fluctuations such as this often occur in wild
populations (Woodward 2010, p. 2). Caiman populations, like most other
crocodilian populations, can be adversely affected by droughts. Most
crocodilians and prey species suffer short term declines during these
conditions but readily respond to wetter conditions. Overall, egg
harvest increased 750 percent between 1992 and 2007 (Larriera 2008c, p.
2). This increase in egg production was attributed in part to caiman
being released through this program and reaching sexual maturity
(Larriera 2008c, p. 3). Additional surveys revealed densities found
within its range recorded in Table 1.
Table 1--Densities of Broad-Snouted Caiman Observed During Population Counts
----------------------------------------------------------------------------------------------------------------
Number of Range of caiman
Country/province Years localities densities Source
----------------------------------------------------------------------------------------------------------------
Argentina/Formosa........... 2007-2008 11 22 to 238 per Pi[ntilde]a et al. (2008).
km.
Argentina/Corrientes........ 2007-2008 10 5 to 125 per km Pi[ntilde]a et al. (2008).
Argentina/Salta............. 2007-2008 39 3 to 5 caiman Pi[ntilde]a et al. (2008).
per lagoon.
Argentina/Sante Fe.......... 2007-2008 * * 4 per km *..... Larriera et al. (2008).
Argentina/Santa Fe.......... 2002 7 6 to 200 per km Larriera and Imhoff (2004).
Bolivia/Pilcomayo River 1998 6 3 to 58 per km. Llobet-Querejazu (1998).
Basin, Tarija.
Bolivia/Tarija Department... 2004-2005 54 6.17 per km.... Aparicio and Rios (2008).
Uruguay..................... 2001-2004 36 3.5 per km..... Borteiro et al. (2008).
Brazil/S[atilde]o Francisco 2006-2007 64 Presence in 44 Filogonio et al. (2009).
River Basin. percent of
areas surveyed.
----------------------------------------------------------------------------------------------------------------
* Recent caiman counts suggest that populations declined somewhat during 2002-2003 and 2007-2008 (Micucci et al.
2007; Larriera et al. 2008). This has been attributed to cyclic drought conditions during the early 2000s
(Micucci et al. 2007; Larriera et al. 2008).
* * Not available.
Bolivia
The population of broad-snouted caiman in Bolivia is at the far
western edge of the species' range. According to Imhof (unpublished
2006), approximately three percent of the species' range is in Bolivia.
In 1983, broad-snouted caiman was found in the Pando Department
(departments in South America are comparable to state jurisdictions in
the United States) of Bolivia, which is at the northwestern tip of
Bolivia (Medem 1983). In 1989, broad-snouted caiman was only found in
the Pilcomayo River area, a tributary of the Paraguay River (King and
Videz-Roca 1989). The Paraguay River, also known as Rio Paraguay, is
2,621 km (1,629 miles (mi)) in length and runs through Bolivia, Brazil,
Paraguay, and Argentina, joining the broad-snouted caiman populations
in these countries. Surveys in the late 1990s considered the Bolivian
population of this species to be severely depleted (Verdade 1998, pp.
18-19). Anecdotal reports indicate that the abundance of broad-snouted
caiman in the Pilcomayo River region may have increased over the past
10 years, but in the Bermejo River region, populations may have
declined (Aparicio and R[iacute]os 2008, pp. 111, 122). It is unclear
whether the population change is public perception or whether the
perception represents an actual change in broad-snouted caiman
population numbers within Bolivia.
During a survey conducted in 2003 and 2004, 6.2 individuals per km
were observed (Aparicio and Rios 2008, p. 104). The survey was
conducted in 54 water bodies; 42 of which are part of the Pilcomayo
River sub-basin, 12 water bodies were in the sub-basin of the Bermejo
River (Aparicio and Rios 2008, p. 110). The highest abundance values
were recorded in ``atajados'' (dikes) and artificial ponds. Broad-
snouted caiman here exhibit preferences for inhabiting shallow
temporary water bodies that have abundant vegetation cover. The
population of broad-snouted caiman for this area was calculated on the
basis of 135 individuals. In 1998, an abundance of 3.3 individuals per
km was reported (Pacheco and Llobet 1998). The 1998 data indicated that
the population was dominated by young individuals (Aparicio and Rios
2008, p. 110). A high level of young may indicate that the population
is growing. Although different survey methods and timing were employed
in the 1998 and 2003-2004 surveys, the population estimates suggest an
increase in density of almost 3 individuals per km from 1998 to 2003-
2004. A further observation of the survey found that broad-snouted
caiman exist in areas previously unknown to be inhabited. It is found
in the Gran Chaco, Arce, and O'Connor Provinces (sub-basins Pilcomayo
and Bermejo) in the Tarija Department, which is in the south of
Bolivia. Despite information suggesting an increasing trend in the
Bolivian population, populations of broad-snouted caiman are still
considered to be severely depleted in Bolivia (Aparicio and R[iacute]os
2008, p. 104; Verdade et al. 2010, p. 19).
Brazil
Brazil has the largest range for this species; approximately 60
percent of the species' range is in Brazil (Imhof unpublished 2006). In
2003, Brazil established a nationwide research and development program,
called Programme for Biology, Conservation and Management of Brazilian
Crocodilians (Coutinho and Luz 2008 in Velasco et al. 2008 p. 80). The
broad-snouted caiman was listed as an endangered species in Brazil
until 2003, at which time the species was withdrawn from the Brazilian
List of Endangered Fauna (The Brazilian Institute of Environment and
Renewable Natural Resources [IBAMA] 2003). In 2006, it was reported
that in southeast Brazil there were four farms involved in breeding
this species. There were a total of 354 caiman in the farms, and in
2006, 719 hatchlings had been produced (CSG Steering Committee Meeting
2006, p. 6). We have no other information about the status of this
program.
Although there is still a lack of population data and monitoring,
the surveys conducted indicate that broad-snouted caiman is present
(confirmed in
[[Page 672]]
44 percent of 64 areas surveyed) throughout the S[atilde]o Francisco
River basin, its primary habitat. A 2006-2007 survey conducted in the
S[atilde]o Francisco River basin found the occurrence of crocodilians
in 61 percent of 64 surveyed localities, in which the presence of
broad-snouted caiman was confirmed in 44 percent of the surveyed sites.
This was a survey conducted primarily to detect presence and absence,
rather than an estimate of the population (Filogonio et al. 2009, p.
961). Caiman occurred in both lentic (still water) and lotic (moving
water) habitats, although caiman preferred water bodies consisting of
small dams, oxbow lakes, and wetlands. Despite the hunting pressure and
human impact on natural habitats, results indicated that the
populations of broad-snouted caiman in the S[atilde]o Francisco basin
are broadly distributed and not fragmented (Filogonio et al. 2009, p.
961).
No other recent survey data are known in Brazil other than in the
northwest portion of Santa Catarina Island, in the Ratones River plain.
In this area surveyed, a density of 0.25 caiman per km was encountered
(Fusco-Costa et al. 2008, p. 185). Based on their size, these caiman
were generally considered to be adults. The purpose of study was to
primarily confirm the presence of this species in this location.
Preliminary data indicate that this species is more widespread and
prevalent in Brazil than previously believed. The main concern for this
species in Brazil appears to be dams that have been constructed for
hydroelectric stations that block water flow to wetlands. Both drainage
of land for agriculture and river pollution have also reduced the
availability of broad-snouted caiman habitat in Brazil (Verdade 1998,
pp. 18-19). Hunting pressure is another factor that affects broad-
snouted caiman in Brazil. It is hunted for several reasons: Because
caiman feed on the fish attached to fishing nets; because caiman
destroy fishing nets; and because caiman are a source of food. Although
Brazil has established a research and development program for the
conservation and management of Brazilian crocodilians, data are lacking
for this species.
Paraguay
No recent survey data are available for Paraguay, however,
according to Imhof (unpublished 2006); approximately seven percent of
the species' range is in Paraguay. The latest data available indicate
that the population of broad-snouted caiman is naturally low and
scattered throughout eastern Paraguay and the southern half of the
Chaco region, western Paraguay, possibly because other potential
habitat in western Paraguay is ephemeral (seasonal, not permanent)
(Scott et al. 1990, pp. 43-49). The Paraguayan population is found in
seasonal marshes and livestock ponds, and has colonized manmade water
bodies (Scott et al. 1990). There is no known conservation program for
broad-snouted caiman in Paraguay.
Uruguay
The broad-snouted caiman is the only caiman species found in
Uruguay (Borteiro et al. 2006, p. 98); the percentage of this species'
range in Uruguay is unknown (Imhof unpublished 2006). There were little
data available regarding this species' population numbers until
recently. New information available to the Service updates the density
estimates of broad-snouted caiman in Uruguay. The population of broad-
snouted caiman in Uruguay is more widespread and appears larger than
previously believed (Borteiro et al. 2006, pp. 97-108; Borteiro et al.
2008, pp. 244-250), but it is unclear whether population growth has
occurred or whether earlier surveys were inaccurate. In the past, it
was suggested that a decline in population had occurred in Uruguay, but
no strong basis for this existed (Verdade 1998, p. 20). Recent
observations and field surveys indicate that broad-snouted caiman is
fairly common in northern Uruguay, and is also widely distributed in
central and western Uruguay (Borteiro et al. 2008, p. 248). This
species is adaptable to a wide range of water sources and habitats
(Borteiro et al. 2006, p. 102, Borteiro et al. 2008, p. 244) and is
connected to the Argentina and Brazilian populations through the
Uruguay River basin (Borteiro et al. 2006, p. 103).
Previous local reports about the population status of broad-snouted
caiman in Uruguay published since the mid 1950s suggested that this
species was subject to extinction due to habitat destruction and
poaching (Vaz-Ferreira 1956; Orejas-Miranda 1969; Talice 1971; Vaz-
Ferreira 1971; Achaval 1977); however, no discussion of survey data and
methods was made to support these conclusions (Borteiro et al. 2008, p.
247). During surveys conducted between 1981 and 2003, the species was
found in both the Cebollat[iacute] and Tacuar[iacute] Rivers, as well
as in the Pelotas, India Muerta, and San Miguel stream basins (Borteiro
et al. 2006, p. 97). In the Department of Artigas (northern tip of
Uruguay), broad-snouted caiman was found to be present in 29 out of 36
surveyed areas (Borteiro et al. 2008, pp. 246). The area studied
consisted of approximately 400 km\2\ (154 mi\2\) of fluvial plains in
the Uruguay River basin, in Artigas Department, northwestern Uruguay.
The caiman observed were predominantly sub-adults. A total of 462
individuals were located during these surveys, and the density was
determined to be 3.5 individuals per km.
Although comparisons with these previous surveys are difficult
based on unknown methodologies used in the past, the 2008 data, along
with the population age structure of caiman, suggests that the
population may be increasing (Borteiro et al. 2008, p. 248). The
researcher noted that the observed caiman were predominantly subadults
and, thus, had the potential to recruit into adult size classes (as
opposed to very young hatchlings which have a significantly higher
mortality rate). This observation may be due to an increase in
agricultural and livestock activities that inadvertently had a positive
effect on broad-snouted caiman. These previous reports about the
population status of broad-snouted caiman in Uruguay may have been due
to inadequate surveys or survey methodology, or the population may have
grown.
[[Page 673]]
[GRAPHIC] [TIFF OMITTED] TP05JA12.005
In 2008, the number of caiman located in each area surveyed ranged
between one and 31. The average abundance was between 1.3 and 3.4 per
km (Borteiro et al. 2008, p. 246). Research conducted recently
regarding the population age structure of caiman in Uruguay indicates
that the population is increasing (Borteiro et al. 2008, p. 248). This
may be due to an increase in agricultural impoundments that have been
constructed in the past few decades which have unintentionally created
suitable habitat for caiman. Each department in which broad-snouted
caiman has recently been documented and the most recent date observed
is below (Borteiro et al. 2008, pp. 244-250).
Dept. of Artigas (Northern Uruguay; caiman commonly found)
Yacuy stream (2002)
Mandiyu stream (2003)
Dept. of Cerro Largo (eastern Uruguay)
Fraile Muerto stream (2005)
Dept. of Lavelleja
Jos[eacute] Pedro Varela (2003)
Dept. of Paysand[uacute] (1997)
Dept. of Rocha
San Luis (2001)
San Miguel River stream (2003)
Dept. of Rivera (1992)
Dept. of Tacuaremb[oacute]
Paso Bonilla (2003)
Dept. of Salto (Northwestern Uruguay, no current reports; historical
accounts only,
Borteiro et al. 2006, pp. 98-100)
Dept. of Treinta y Tres
Merin Lake; Tacuari River (2002)
Paso del Dragon (2002)
Kiosco Tacuari (2003)
Additionally, in Uruguay, a private farm began in 2002 that
involved reproduction and reintroduction of this species into the wild.
The goal of this Government-sanctioned farm was to produce skins and
meat commercially. In 2008, there were 20 adult caiman in the farm, yet
they had reintroduced 100 caiman back into the wild (Velasco et al.
2008, p. 82). The Service knows of no additional information regarding
this private farm.
In summary, the population of broad-snouted caiman in Uruguay
appears to be larger than previously believed, but differences in
survey methodologies used make it difficult to assess population
trends. The percentage of the broad-snouted caiman population that
exists in Uruguay has still not been estimated.
Distinct Population Segment Analysis
As indicated previously in this document, the Government of
Argentina requested that we review the status of the species in
Argentina in order to determine whether or not the species warrants
reclassification to threatened status under the Act. Section 3(16) of
the Act defines ``species'' to include ``any species or subspecies of
fish and wildlife or plants, and any distinct population segment (DPS)
of any species of vertebrate fish or wildlife which interbreeds when
mature'' (16 U.S.C. 1532(16)). In evaluating whether the action
petitioned by Argentina is warranted, we first must analyze whether
this population constitutes a ``species'' as defined under the Act.
Thus, we begin our analysis with a determination of whether the
population in Argentina represents a DPS. A DPS is a listable entity
under the Act, and is treated the same as a listed species or
subspecies. It is listed, protected, and recovered just as any other
endangered or threatened species or subspecies. The term ``distinct
population segment'' is part of the statutory definition of a
``species'' and is significant for listing, delisting, and
reclassification purposes under section 4 of the Act.
To interpret and implement the DPS provisions of the ESA and
Congressional guidance, the Service and the National Marine Fisheries
Service jointly published the DPS Policy (see the Policy regarding the
recognition of distinct vertebrate population segments under the Act
(61 FR 4722; February 7, 1996). Congress included the DPS concept in
the ESA, recognizing that a listing, reclassification, or delisting
action may, in some circumstances, be more appropriately applied over
something less than the entire area in which a species or subspecies is
found or was known to occur in order to protect and recover organisms
in a more timely and cost-effective manner. A DPS is a listable entity
that is usually described geographically rather than biologically. By
using international boundaries, we are able to clearly identify the
geographic extent of the DPS listing and thereby facilitate law
enforcement and promote public understanding of the listing. Under this
Policy, we evaluate a set of elements in a three-step process in order
to make our decision concerning the establishment and classification of
a possible DPS. These elements are applied similarly for both additions
to, reclassifications under, and removals from the Federal Lists of
Endangered and Threatened Wildlife and Plants. These elements include:
[[Page 674]]
(1) The discreteness of a population in relation to the remainder
of the taxon to which it belongs;
(2) The significance of the population segment to the taxon to
which it belongs; and
(3) The population segment's conservation status in relation to the
Act's standards for listing (addition to the list), delisting (removal
from the list), or reclassification (i.e., is the population segment
endangered or threatened).
The Policy first requires the Service to determine that a
vertebrate population is discrete in relation to the remainder of the
taxon to which it belongs. Discreteness refers to the ability to
delineate a population segment from other members of a taxon based on
either (1) Physical, physiological, ecological, or behavioral factors
(quantitative measures of genetic or morphological discontinuity may
provide evidence of this separation), or (2) international governmental
boundaries that result in significant differences in control of
exploitation, management, or habitat conservation status, or regulatory
mechanisms that are significant in light of section 4(a)(1)(D) of the
Act--the inadequacy of existing regulatory mechanisms.
Second, if we determine that the population is discrete under one
or more of the discreteness conditions, then a determination is made as
to whether the population is significant to the larger taxon to which
it belongs in light of Congressional guidance (see Senate Report 151,
96th Congress, 1st Session) that the authority to list DPS's be used
``sparingly and only when the biological evidence indicates that such
action is warranted.'' In carrying out this examination, we consider
available scientific evidence of the population's importance to the
taxon to which it belongs. This consideration may include, but is not
limited to the following:
(1) The persistence of the population segment in an ecological
setting that is unique or unusual for the taxon;
(2) Evidence that loss of the population segment would result in a
significant gap in the range of the taxon;
(3) Evidence that the population segment represents the only
surviving natural occurrence of a taxon that may be more abundant
elsewhere as an introduced population outside of its historic range;
and
(4) Evidence that the discrete population segment differs markedly
from other populations of the species in its genetic characteristics
from other populations of the species.
A population segment needs to satisfy only one of these conditions
to be considered significant. Evidence with respect to any one of these
scenarios may allow the Service to conclude that a population segment
can be significant to the taxon to which it belongs. Furthermore, the
Service may consider other information relevant to the question of
significance, as appropriate.
Lastly, if we determine that the population is both discrete and
significant, then the DPS Policy requires an analysis of the population
segment's conservation status in relation to the Act's standards for
listing (addition to the list), delisting (removal from the list), or
reclassification (i.e., is the population segment endangered or
threatened). A detailed discussion is then presented for the five
listing factors for each DPS as required by the Act. We analyze these
factors in response to the current status of the species, which
encompasses present and future threats and conservation efforts.
The broad-snouted caiman has a continuous range from Argentina to
Bolivia, Brazil, Paraguay, Uruguay (see Figure 1). We evaluated the
status of this species to determine if two distinct population segments
exist (one in Argentina, and the other in Bolivia, Brazil, Paraguay,
and Uruguay) under this Policy because its range spans several
countries and its conservation status varies by country. We evaluated
the species in this manner specifically for two reasons. First, the
Government of Argentina petitioned us to reclassify the species in
Argentina to threatened, and second, in Argentina, this species is
listed in Appendix II of CITES, and in the rest of its range: Bolivia,
Brazil, Paraguay, and Uruguay, it is listed in Appendix I of CITES. The
significance of this distinction is that these two populations may be
subject to different management regimes and may have different
conservation statuses. Thus, we considered whether these two
populations meet the discreteness and significance criteria under our
DPS policy, and then whether these two potential DPSs of the broad-
snouted caiman still meet the definition of endangered, should be
reclassified to threatened, or whether either population segment has
recovered and is no longer either endangered or threatened.
Discreteness
In the first step in our DPS analysis, we determine whether there
are any populations that are discrete in relation to the remainder of
the taxon to which it belongs. A DPS may be considered discrete if it
meets the criteria described above under Distinct Population Segment
Analysis. Recognition of international boundaries when they coincide
with differences in the management, status, or exploitation of the
species under the Act is consistent with CITES, which recognizes
international boundaries for these same reasons.
Physical, Physiological, Ecological, or Behavioral Factors
There are no studies or information that indicate there are
physical, physiological, ecological, or behavioral characteristics that
would contribute to separateness between the Argentine population and
the population in Bolivia, Brazil, Paraguay, and Uruguay. The Paraguay
River joins the broad-snouted caiman populations in Argentina, Bolivia,
Brazil, and Paraguay. The Uruguay population of the broad-snouted
caiman is connected to the Argentine and Brazilian populations through
the Uruguay River basin (Borteiro et al. 2006, p. 103). Broad-snouted
caiman populations are also connected through the Paran[aacute] and
S[atilde]o Francisco River systems of northeast Argentina, southeast
Bolivia, Paraguay, and northeast Uruguay. This is a wide-ranging
species that occurs primarily in freshwater environments such as lakes,
swamps, and slow-moving rivers. Because it is connected via the major
river systems that flow through the species' range and we have found no
information indicating separateness between the Argentine population
and the population occurring in the remainder of the species' range due
to physical, physiological, ecological, or behavioral factors,, we did
not find either population segment is discrete based on this factor.
Moreover, we are not aware of any quantitative data of genetic or
morphological discontinuity to indicate separateness between the two
populations. Because of their interactions through interconnected river
systems and a current range that mirrors their historical range, we
find that the two populations overlap, allowing for genetic
intermixing. Therefore, these two population segments cannot be
delineated based on physical, physiological, ecological, or behavioral
factors.
International Differences in Species' Conservation Status
Under our DPS policy, consideration may be given to utilizing
international boundaries in establishing discreteness when differences
in management, conservation status, or control of exploitation of the
species exist between
[[Page 675]]
these population segments as a consequence of national legislation.
Thus, we analyze below whether any of these differences exist that are
significant in light of section 4(a)(1)(D) of the Act.
Argentina
Two clear differences in the exploitation, management, habitat
conservation status, or regulatory mechanisms of this species exist
between Argentina and the remainder of its range. This species is
intensely managed in Argentina, and due to its improved status in the
wild, is listed in Appendix II of CITES. In contrast, this species is
not intensively managed in the remainder of its range, and it continues
to be listed in Appendix I under CITES due to its unimproved status in
the range countries outside of Argentina. The primary reason this
species was protected by the ESA and CITES was because of the decrease
in population numbers due to overutilization (see discussion under
Factor B in the Evaluation of Factors Affecting the Species section
below). Argentina's management regime has resulted in an increase in
this species' population such that harvest for international trade may
be conducted sustainably under proper management.
Although all of this species' range countries have national
protected-species and protected-areas legislation under the
jurisdiction of specific ministries or departments that control
activities that impact the broad-snouted caiman and its habitat,
Argentina's national legal framework is particularly robust (See Factor
D). In 1990, Argentina began a joint government-private initiative to
recover this species in the Santa Fe Province (Jenkins et al. 2004, pp.
25-28; Verdade 2010, pp. 18-20). This program was ratified by
Provincial Law 4830, Articles 22 and 37 (CITES CoP 10, Proposal 10.1)
and subsequently expanded in scope. Now there are seven government-
approved broad-snouted ranching programs within four provinces. This
initiative began in order to increase this species' population size and
to be able to sustain commercial harvest. In the proposal to transfer
this species from CITES Appendix I to Appendix II, the proposal noted
that although the primary threat was initially overutilization, the
more recent and significant threat was habitat loss (CITES Cop 10,
Proposal 10.1). The proposal indicated that a method to reduce the
threat of habitat loss is to put an economic value on the species'
habitat, so that the local communities and farmers would not drain the
land (degrade the species' habitat). Thus, Argentina's caiman egg
harvesting program began creating incentives for locals to protect and
conserve habitat for the broad-snouted caiman (see Factor D).
This species is also protected through legislation (Law 22.421 and
Decree 691/81), administered by the Direcci[oacute]n Nacional de Fauna
y Flora Silvestres. The Government of Argentina is adequately enforcing
its legal frameworks, both at the national and international levels.
The best available information strongly suggests that the caiman
population in Argentina is increasing, while the population trend in
the other range countries is unclear (Verdade et al. 2010, pp. 18-19).
The species has significantly increased in density since the caiman
ranching program began in 1990, and its range has expanded into areas
where it had not been seen prior to 1990. In the Santa Fe Province, for
example, the number of nests identified increased from 14 in 1990 to
304 nests in 2002 (Jenkins et al. 2004, p. 27). The monitoring reports
indicate that Argentina's management of the species is resulting in an
upward trend in this species' population. Argentina submits reports in
accordance with CITES and is an active participant in the IUCN's
Crocodile Specialist Group, particularly for this species. The
management of this species has led to significant improvement in the
status of the species in Argentina, which has been demonstrated through
monitoring and reporting (Jenkins et al. 2004, pp. 25-28; Verdade et
al. 2010, pp. 18-20). Due to Argentina's management, the population of
broad-snouted caiman is now widespread and abundant throughout its
range in Argentina. It is relatively common in suitable habitat in the
provinces of Formosa, Santa Fe, Corrientes, and Salta. While some
habitat loss and degradation remain in Argentina, these threats have
been reduced, as explained in our five-factor analysis below.
Bolivia, Brazil, Paraguay, Uruguay
Within each of these countries, not only is there a wide
variability in the amount of information available about the species,
but also about the level of management and monitoring of the species
(Borteiro et al. 2006; Larriera et al. 2008, p. 152; Verdade et al.
2010, p. 20). This species is listed in Appendix I of CITES in these
range countries, which means that international trade originating from
these countries of broad-snouted caiman including its parts and
products, for primarily commercial purposes is prohibited. To our
knowledge, none of these countries have submitted proposals to change
the status of this species under CITES to the less restrictive Appendix
II listing (www.cites.org, accessed July 7, 2011). Although this
international trade restriction is in place for range countries other
than Argentina, we remain concerned about habitat loss, the status and
management of wild populations in those countries.
In the remainder of this species' range (Bolivia, Brazil, Paraguay,
and Uruguay), these governments either have not demonstrated an ability
to adequately enforce their legal framework, or there is no population
trend or monitoring data about the species to indicate the status of
the species in these countries is improving. We found little to no
information about the status of the species in these countries. This
was supported by the most recent report on the status of the species
prepared by the IUCN's Crocodile Specialist Group (Verdade et al. 2010,
pp. 18-19). The best available information indicates that this species
in these countries is still subject to unmitigated pressures such as
destruction of habitat due to human encroachment, construction of dams,
and conversion of habitat to agriculture, and, in some cases, illegal
hunting. Conservation actions for this species may not be a priority in
these other range countries, and these countries may be facing economic
issues, high levels of poverty, hunting pressure, and conversion of
caiman habitat to other uses. The lack of funding and personnel often
makes enforcement of their legal frameworks challenging. As a result of
differences in exploitation, management, habitat conservation status,
or regulatory mechanisms, the broad-snouted caiman in Bolivia, Brazil,
Paraguay, and Uruguay remains in CITES Appendix I. Based on these
differences in the control and management of habitat and exploitation
as delineated by international boundaries, we consider the population
in Bolivia, Brazil, Paraguay, and Uruguay to be a separate discrete
population.
Conclusion on Discreteness
We have determined, based on the best available information, that
the population of broad-snouted caiman in Argentina is discrete from
the population in Bolivia, Brazil, Paraguay, and Uruguay due to the
significant difference in the control of exploitation, management of
habitat, conservation status, and regulatory mechanisms between
international boundaries. We conclude that these two populations (1)
the population in Argentina and (2), the population in Bolivia, Brazil,
Paraguay,
[[Page 676]]
and Uruguay, of the broad-snouted caiman meet the requirements of our
DPS Policy for discreteness.
Significance
If a distinct population segment is considered discrete under one
or more of the conditions described in the DPS policy, its biological
and ecological significance will be considered in light of
Congressional guidance (see Senate Report 151, 96th Congress, 1st
Session). In making this determination, we consider available
scientific evidence of each discrete population segment's importance to
the taxon to which it belongs. Since precise circumstances vary
considerably from case to case, the DPS policy does not describe all
ways that might be used in determining the biological and ecological
importance of a discrete population. However, the DPS policy describes
four possible scenarios that provide evidence of a population segment's
biological and ecological importance to the taxon to which it belongs
(see additional discussion above under Distinct Population Segment
Analysis).
A population segment needs to satisfy only one of these conditions
to be considered significant. Furthermore, other information may be
used as appropriate to provide evidence for significance. Having
determined that the population of broad-snouted caiman in Argentina is
discrete from the population in Bolivia, Brazil, Paraguay, and Uruguay,
we then determine the significance of these two discrete populations to
the taxon. We evaluate the biological and ecological significance based
on the available scientific evidence of each population segment's
importance to the taxon to which it belongs. A population's biological
significance is evaluated based on the principles of conservation
biology using the concepts of redundancy, resiliency, and
representation (see Redford et al. 2011 for additional information on
these concepts). These concepts also can be expressed in terms of four
viability characteristics: Abundance, spatial distribution,
productivity, and diversity of the species.
Persistence in a Unique Ecological Setting
The broad-snouted caiman is a wide-ranging species that occurs
primarily in freshwater environments such as lakes, swamps, and slow-
moving rivers. Its habitat in Argentina is typical of the species'
habitat throughout its range (including Bolivia, Brazil, Paraguay, and
Uruguay). We do not have any evidence to indicate that the Argentine
population of the broad-snouted caiman occurs in habitat that includes
unique features not used by the taxon elsewhere in its range.
Therefore, we conclude that neither the discrete population of broad-
snouted caiman in Argentina nor the discrete population in Bolivia,
Brazil, Paraguay, and Uruguay are ``significant'' as a result of
persistence in a unique or unusual ecological setting.
Differences in Genetic Characteristics
No data have been located that indicate that the Argentine
population and the population in the remaining range countries are each
significant based on genetics (Villela et al. 2008, pp. 628-635). Our
knowledge across the range countries is sparse with respect to genetic
diversity and integrity on the broad-snouted caiman. However, a 2008
study indicates that genetic flux (genetic flow between members of a
species) occurs; the species remains fairly connected through the major
waterways within its range. River channels are important routes to
crocodilian dispersal. The Paraguay River joins Brazil, Bolivia,
Paraguay, and Argentina, and the populations of this species are
connected in part through this river. The populations of this species
are also connected between Uruguay and Argentina via the Uruguay River,
which is the border between these two countries.
Additionally, a 2006-2007 survey in Brazil found that C.
latirostris is widely distributed throughout the S[atilde]o Francisco
River basin, and its distribution pattern indicates that the
populations within the river basin are not fragmented (Filogonio et al.
2010, p. 964). The genetic variations of broad-snouted caiman were
found to be closely related to patterns of these river basins, and
indicated that there was no significant correlation between genetic
variation and genetic distance (Villela et al. 2008, p. 6). This
species is not only a mobile species but is also flexible in its
habitat preferences. The river basins within its range appear to be
sufficiently connected, despite any habitat modifications. There is no
other information available that indicates there are significant
differences in the populations. Based on the best available
information, we have determined that the Argentine population of the
broad-snouted caiman does not have any genetic characteristics that are
markedly different from the population in Bolivia, Brazil, Paraguay,
and Uruguay.
Gap in the Taxon's Range
The loss of a DPS could result in a significant gap in the range of
a taxon, indicating that a population segment represents a significant
resource warranting conservation under the Act (61 FR 4724). The Ninth
Circuit Court stated ``[t]he plain language of the second significance
factor does not limit how a gap could be important,'' National
Association of Home Builders v. Norton, 340 F.3d 835, 846 (9th Cir.
2003). Thus, we consider ways in which the loss of each discrete
population of the broad-snouted caiman might result in a significant
gap in the range of species. Its range is estimated as follows: 28
percent in Argentina, and 72 percent in the remainder of its range: 4
percent in Bolivia, 58 percent in Brazil, 8 percent in Paraguay, and 2
percent in Uruguay (Larriera pers. comm. 2011).
Argentina
We considered whether the Argentine DPS constitutes a significant
gap in the range of the species. In 2006, the population of broad-
snouted caiman in Argentina was estimated to be 13 percent of the
potential global population. The species is distributed in nine
provinces in the northern part of Argentina. It is increasing within
its range within Argentina into habitat where it had not been seen
since the caiman ranching program began. It has been observed in a
variety of habitats and waterways including rivers near waterfalls,
freshwater creeks with rocky bottoms, and in agriculture and cattle
impoundments.
In Argentina, human impact on the species has been reduced since
1990 through educational programs and incentives which have served to
minimize habitat loss. The caiman ranching program (see discussion
under Factor A below) has resulted in improvements in the quality of
the species' habitat (such as the decrease in draining of wetlands),
thereby increasing the range and population size of the species. Its
rate of survival in Argentina far surpasses the normal survival rate of
this species in the remainder of its range due to the ranching program
(described below). Reports indicate that the Argentine population of
this species is increasing. The captive-held stock reported in 2010 was
39,624 (Larriera et al. 2010, p. 1), and the density of caiman surveyed
in the wild has increased substantially (Pi[ntilde]a et al. 2009, pp.
1-5) since surveying began in 1990.
Argentina is the only range country that actively manages and
conserves the broad-snouted caiman and its habitat by harvesting eggs,
hatching the young, raising them to an age where they are more able to
escape predators and other threats, and returning between five and ten
percent of those hatchlings to the
[[Page 677]]
wild (Verdade et al. 2010, p. 20). Experts indicate that returning at
least five percent of the hatchlings to the wild increases the species'
survivability, as it mitigates for the high incidence of mortality that
occurs in the wild even prior to hatching (Bolton 1989, Ch. 4, p. 1).
Most caiman mortalities occur either before hatching or during the
first few months after hatching due to factors such as flooding or nest
predation (Bolton 1989, Ch. 4, p. 1). The release of these animals at a
later age significantly increases their chances of survival, primarily
due to the hatchlings' increased ability to escape predators and their
ability to survive other factors such as nest flooding, fire ants, and
exposure to pesticides. Because Argentina releases hatchlings into the
wild after an age they are most susceptible to predators and flooding
events, the population has a greater chance of survival in the wild
than broad-snouted caiman hatchlings in the other range countries. This
increase in survivability further distinguishes the Argentine
population from rest of the species' range and greatly contributes to
the resiliency (abundance, spatial distribution, and productivity) to
the species as a whole.
Argentina's wild caiman population is also well distributed. The
Argentine population is considered healthy and increasing as opposed to
the populations in Bolivia, Brazil, Paraguay, and Uruguay. This species
is moving into habitat where it had not been seen in many years, which
increases the potential environmental variability within the range of
the species. Argentina's broad-snouted caiman population helps
contribute to the viability of the species overall; and it is providing
a margin of safety for the species to withstand catastrophic events,
strengthening the redundancy of the species. This expansion allows for
adaptations in response to variations in the environment. The abundance
of this species in Argentina contributes to the potential diversity of
the species, particularly since Argentina constitutes the southernmost
part of its range. Because it is at the edge of its range, this
population may add to its adaptive capabilities, particularly if there
is a significant gradient in temperature within the range of the
species. Because the Argentine population is more robust than the other
range countries, the loss of the Argentine population would result in a
significant gap in the range of the species, particularly because it is
believed to consist of over a quarter (approximately 28 percent) of the
species' range.
Argentina's active management efforts affect the quality of the
species' habitat which subsequently contributes to the species'
resiliency. Based on the increase in density as evidenced by the
population counts, the significant increase of hatchlings reared in
captivity and subsequently released, and the expansion in range, we
find that the population of the broad-snouted caiman in Argentina
significantly contributes to the resiliency of the species.
We found that the success of the caiman ranching program has
created a robust, healthy, sustainable, increasing population in
Argentina. This distinguishes the Argentine population from rest of the
species' range where it is not being intensely monitored and managed to
the point where it is self-sustaining. The factors in Argentina
including: The increase in density and population counts; large numbers
of caiman collected from the wild, reared in captivity and subsequently
released; and expansion in range, all contribute to the resiliency,
representation, and redundancy of the species and its overall
viability.
Thus, the loss of the Argentine population would create a
significant gap in the current range of the species. Based on this
evaluation of this population's biological significance, we found that
the broad-snouted caiman in Argentina is significant to the species as
a whole. We, therefore, conclude that the population of broad-snouted
caiman in Argentina is significant under the DPS policy because it
contributes to the redundancy, resilience, and representation of the
species such that the loss of this DPS would result in a significant
gap in the range of this taxon.
Bolivia, Brazil, Paraguay, and Uruguay
Because the species is widely distributed within these countries
and constitutes 72 percent of its range, the Bolivia, Brazil, Paraguay,
and Uruguay population is significant under the DPS policy because it
also contributes to the redundancy, resilience, and representation of
the species such that the loss of this population would result in a
significant gap in the range of this taxon.
Conclusion on Significance
We have determined, based on the best available information, that
the population of broad-snouted caiman in Argentina is significant to
the taxon and the population in Bolivia, Brazil, Paraguay, and Uruguay
is also significant to the taxon because the loss of each discrete
population segment would create a significant gap in the current range
of the species. Based on this evaluation of each population segment's
significance, we found that each is significant to the species as a
whole.
Conclusion of DPS Analysis
Under the DPS policy, once we have found that a population segment
is discrete and significant, we then evaluate whether the potential DPS
warrants endangered or threatened status under the Act, considering the
factors enumerated under section 4(a)(1) and the statutory definitions
for an ``endangered species'' and ``threatened species.'' Based on our
evaluation under the DPS Policy, we propose to establish two distinct
population segments of the broad-snouted caiman. The first is the
population in Argentina, and the second is the population in the
remainder of its range: Bolivia, Brazil, Paraguay, and Uruguay. We will
refer to this second population as the ``Northern DPS.'' On the basis
of the best available information, we conclude that each of these two
population segments meet the requirements of our DPS Policy for
discreteness and significance. These two DPSs are each discrete due to
the significant differences in the management of habitat, conservation
status, exploitation, and regulatory mechanisms between the
international boundaries of Argentina and the species in the rest of
its range: Bolivia, Brazil, Paraguay, and Uruguay. These two discrete
population segments are clearly defined by international governmental
boundaries and these other differences.
The robustness of the population in Argentina significantly
contributes to the biological and ecological health and viability of
the species as a whole. Argentina is the only country actively managing
the broad-snouted caiman. It also is the only country actively working
with local people to create financial incentives to protect caiman and
its habitat. Argentina's implementation of its ranching program
increases the species' survivability success, which further
distinguishes the Argentine population from the rest of the species'
range. It was reclassified to Appendix II in Argentina, allowing for
commercial trade in accordance with the provisions of CITES. Due to
Argentina's intense management of this species, the survivability rate
of the Argentine population is far higher than in the other countries
within this species' range. This difference is further supported by the
fact that broad-snouted caiman in Bolivia, Brazil, Paraguay, and
Uruguay remains listed in Appendix I of CITES as a species threatened
with
[[Page 678]]
extinction which is or may be affected by trade, while the population
in Argentina no longer meets the criteria for an Appendix I listing.
We find that these two population segments meet our DPS policy for
significance because the loss of either population (28 percent of its
range in Argentina and 72 percent of its range in Bolivia, Brazil,
Paraguay, and Uruguay) would result in a significant gap in the range
of the taxon. Based on our analysis, we find that these two populations
meet the criteria for discreteness and significance under the DPS
Policy due to (a) differences in management delineated by international
boundaries, and (b) a loss of either population segment (28 percent of
its range in Argentina and 72 percent of its range in Bolivia, Brazil,
Paraguay, and Uruguay) would result in a significant gap in the range
of the taxon.
Evaluation of Factors Affecting the Species
Section 4(b) of the Act and regulations promulgated to implement
the listing provisions of the Act (50 CFR part 424) set forth the
procedures for listing, reclassifying, or removing species from listed
status. We may determine a species to be an endangered or threatened
species because of one or more of the five factors described in section
4(a)(1) of the Act; we must consider these same five factors in
delisting species. Revisions to the list (adding, removing, or
reclassifying a species) must reflect determinations made in accordance
with these same five factors and the Act's definitions for endangered
and threatened species Section 4(b) requires the determination of
whether a species is threatened or endangered to be based on the best
available science. We are to make this determination after conducting a
review of the status of the species and taking into account any efforts
being made by foreign governments to protect the species.
For species that are already listed as threatened or endangered,
this analysis of threats is an evaluation of both the threats currently
facing the species and the threats that are reasonably likely to affect
the species in the foreseeable future following the delisting or
downlisting and the removal or reduction of the Act's protections.
Under section 3 of the Act, a species is ``endangered'' if it is in
danger of extinction throughout all or a significant portion of its
range and is ``threatened'' if it is likely to become an endangered
species within the foreseeable future throughout all or a significant
portion of its range. The word ``species'' also includes any subspecies
or, for vertebrates, distinct population segments.
Following is a range wide threats analysis in which we evaluate
whether the broad-snouted caiman is endangered or threatened in the
Argentine DPS and the DPS which consists of Bolivia, Brazil, Paraguay,
Uruguay, which we will refer to as the Northern DPS.
Factor A. The Present or Threatened Destruction, Modification, or
Curtailment of Its Habitat or Range
Habitat destruction and modification has increased throughout the
species' range and is now likely the greatest threat to the survival of
the broad-snouted caiman (Verdade et al. 2010, pp. 18-19). The
overharvest for commercial purposes, rather than habitat destruction or
modification, was the primary reason for the broad-snouted caiman's
inclusion in CITES and subsequently being listed under the Act. The
analysis of the five factors under the Act requires an investigation of
both current and future potential factors that may impact the species,
including the present or threatened destruction, modification, or
curtailment of its habitat or range. We found that data on habitat
destruction were generally presented separately for each individual
country. Therefore, the following analysis of the potential threats to
the species from habitat destruction or modification generally first
presents the specific information available for broad-snouted caiman in
each country, and then summarizes the information that was available
for the two DPSs.
Argentine DPS
In some areas in Argentina, habitat destruction has significantly
increased in recent years (Verdade et al. 2010, p. 19). Argentina has
lost substantial forested areas, and conversion of caiman habitat to
other uses is likely to further affect the broad-snouted caiman's
habitat in Argentina. In some cases, habitat modification actually has
positive effects on the caiman (such as the creation of water
impoundments, for example), and in other cases the habitat
modifications may have a negative effect. The practice of drying swamps
(potential caiman habitat) through channeling occurs in its habitat,
particularly for producing soybeans (Larriera et al. 2008, p. 152).
Landowners also commonly channelize wetlands to increase grazing land
for cattle (which may have a positive effect). Since the early 1800s,
Argentina's economy greatly depended on cattle grazing; however, over
the past 10 years, Argentina has undergone significant changes in land
use.
The world market for soy is causing the conversion of pastures to
soy monocultures. Soy is now Argentina's main export crop, and
Argentina is the world's third largest producer of this commodity
(USDA, Foreign Agricultural Service (FAS) 2010a, p. 11). Argentina's
shift toward soy has displaced cultivation of many grains and
vegetables as well as beef production. Many established cattle ranches
are being sold to soy investors. For example, in Salta Province,
potential conversion to soy cropland in Northern Argentina could exceed
over one million hectares (USDA FAS 2010b, p. 1). Cattle feed mostly on
established introduced grasses but native grasslands also persist in
pastures, especially along wetlands edges. Soy now covers approximately
16.6 million hectares, more than half the country's cultivated land
(USDA FAS 2010b, p. 10). The large scale production of soy requires the
application of fertilizers and pesticides. As a result of this change
in habitat use from traditional cattle grazing to primarily soy
production in many areas, significant changes in the habitat and
landscape occur which affect this species to the point that its former
habitat is no longer suitable.
Adding to this problem of habitat conversion is that Argentina's
management of its resources is decentralized. Provincial and municipal
governments have great autonomy, property rights are respected, and
federal authority is relatively limited. This is particularly evident
in control over property with respect to the conservation of natural
resources, land use, and protection of the environment. In this
decentralized system, there is very little comprehensive land use
planning at all levels of government. Regulatory mechanisms that exist
at the national and provincial levels are seldom coordinated and are
sometimes contradictory and inefficient.
Although habitat conversion is currently impacting the species,
suitable broad-snouted caiman appears to exist, and the species is
expanding into new sites, in part due to intense management of this
species through Argentina's caiman ranching programs. For example, as
of 2004, surveys indicated that the broad-snouted caiman population in
Santa Fe Province increased 320 percent since the project began
(Larriera and Imhof 2006). Observed wild population densities increased
from an average of between 2 and 8 individuals per km in 1990, to
between 20 and 120 individuals per km during the 2008-2009 survey
period
[[Page 679]]
(Larriera and Siroski 2010, p. 2). The distribution of the wild
population has expanded into areas from which the species had formerly
disappeared (Larriera et al. 2005).
With respect to habitat modification, some changes have positive
effects and some have negative effects. Although this species has been
shown to occupy disturbed habitat, much of the species' original range
in Argentina has been altered, and significant alteration is expected
to occur in the future due to the conversion of cattle pastures to
monocultures such as soy, which is not desirable habitat. Increases
have been observed in the relative abundance of the species in
Argentina due in part to active management programs (see Factor D).
These caiman conservation and public awareness programs have resulted
in less habitat alteration (e.g. burned grass) and less drained
marshland for cattle production in the nesting areas (Larriera and
Imhof 2006). While these programs are helping, increases in habitat
conversion to agriculture, roads and transportation, infrastructure to
transport crops such as soy continue (USDA FAS 2010b, p. 2). Without
additional incentives and intervention, suitable habitat for this
species will decrease. Although it is mitigated by provincial
governments through the caiman ranching program, habitat destruction
and modification in Argentina is likely to continue in the foreseeable
future. Despite the intense management of this species in Argentina, we
conclude that the present or threatened destruction, modification, or
curtailment of its habitat or range continues to be a threat to the
broad-snouted caiman.
Summary of Factor A for the Argentine DPS
In most of the range of this species, the habitat threats are very
similar; however, a country's management actions (refer to factor D)
affect the status of the species. In Argentina, habitat conversion to
agriculture continues to cause habitat degradation within the broad-
snouted caiman range, although this is being mitigated through the
caiman ranching program. Habitat conversion is expected to increase and
further degrade this species' habitat. The population numbers in the
wild have significantly increased since this species was listed. Data
collected on the distribution and abundance of the species indicate
that the species' range has expanded and overall population numbers
appear to be increasing (Larriera and Imhof 2006). As of 2004, surveys
indicate that the broad-snouted caiman population in Santa Fe Province,
Argentina, increased 320 percent since the project began (Larriera and
Imhof 2006). Observed wild population densities here increased from an
average of 2 to 8 individuals per km in 1990, to 20 to 120 individuals
per km in 2008-2009 (Larriera and Siroski 2010; p. 2). The distribution
of the wild population has also expanded into areas from which the
species had formerly disappeared (Larriera et al. 2005). However, the
degradation and destruction of this species' habitat continues to occur
in Argentina. Therefore, based on the best available information, we
find that the population in Argentina continues to be threatened by the
destruction, modification, or curtailment of its habitat now and in the
future.
Bolivia, Brazil, Paraguay, Uruguay DPS (Northern DPS)
In Bolivia, the broad-snouted caiman is on the edge of its range.
Broad-snouted caiman has been found in the Pando Department, the
Pilcomayo River area, a tributary of the Paraguay River, and in the
Tarija department. Here, key threats, particularly in broad-snouted
caiman habitat, include loss, conversion, and degradation of forests
and other natural habitats and pollution of aquatic ecosystems (Byers
et al. 2006, p. vi). Particular to this species, both agriculture and
pollution have been indicated to be significant threats. In Bolivia,
vast areas have been drained for agricultural purposes (also see the
discussion under Factor E).
Deforestation in lowland Bolivia exceeded 1,500 km\2\ (579 mi\2\)
per year during the 1980s and early 1990s (Steininger et al. 2001, pp.
856-866). Currently, about 300,000 ha (741,316 ac) of forest is lost
each year for a variety of reasons including expanding agriculture, due
both to large-scale industrial agriculture and to small-scale
colonization and cultivation; large-scale infrastructure projects
(roads, dams, energy infrastructure); expanding coca production; forest
fires; illegal logging; and climate change causing changes in
geographical and altitudinal distribution of species and ecosystems
(Byers et al. 2006, p. vi).
Factors such as low land prices and economic policies promoting an
export economy have led to a rapid increase in the growth of the
private agricultural sector (Pacheco 1998). Both large-scale and small-
scale farmers contribute to the expansion of the agriculture and
livestock frontier, and both thrive in the near absence of regulatory
oversight and control (Byers et al. 2008, p. 22). In Bolivia, large
tracts of land have been cleared particularly for sugarcane plantations
and soybean production (Aide and Grau 2004, p. 1915; Pacheco 2004, pp.
205-225). The highest abundance values of this species were recorded in
``atajados'' (dikes) and artificial ponds. The tropical forests of
Bolivia are found in the departments of Santa Cruz, Beni, and Pando,
and northern areas of La Paz and Cochabamba. The deforestation to the
north and east of Santa Cruz is primarily due to large-scale agro-
industry, whereas the areas of deforestation around Pando and Beni tend
to be mainly a result of small-scale colonization and clearing. Large-
scale agriculture responds mainly to external market demands (e.g.,
biofuels, sugarcane, soy; principally from the United States, Brazil,
and Argentina), while smaller farmers respond mainly to the domestic
market.
The government actively promotes the development of infrastructure
projects in the Bolivian lowlands, in particular extensive road
construction and improvement (Byers et al. 2008 p. 22). Road projects
in northwest Bolivia are being considered, including paving of the
``Northern Corridor,'' which is part of the Peru-Brazil-Bolivia hub of
the Initiative for Integration of Regional Infrastructure in South
America (IIRSA, http://www.iirsa.org).
Contamination of water bodies due to sugar mills, which empty their
waste into the Rio Grande (Aparicio and Rios 2008, p. 114), also
occurs. Sugar mills are commonly known to produce high levels of air
and solid waste pollutants as byproducts (U.S. Environmental Protection
Agency [EPA] 1997, 26 pp). Waste water from sugar mills can rapidly
deplete available oxygen in water creating an inhospitable environment
for aquatic life and for species that depend on aquatic environments.
In the Bermejo River sub-basin in Tarija, Bolivia, based on the absence
of nests and the low number of individuals recorded during nest counts,
researchers believe that this population of broad-snouted caiman is
probably not reproductively active due to water pollution (Aparicio and
Rios 2008, p. 115). This particular area borders wetlands and estuaries
in Argentina, where higher quality suitable habitat is available (OSDE
2005b, p. 2) for the species and is likely less disturbed and polluted
by humans. Because the Bermejo River sub-basin in Bolivia faces threats
due to sugarcane plantations and contamination from sugar mill
activities, it is not likely to sustain a healthy population of broad-
snouted caiman.
Although natural resource managers recognize the importance of
wetlands
[[Page 680]]
(Byers et al. 2008, p. 14), economic considerations usually outweigh
concerns regarding habitat loss and destruction in Bolivia. The
activities described under this factor, such as agricultural production
and expansion, sugar mill activities, roads, and other infrastructure
development, affect broad-snouted caiman habitat. Its habitat is
primarily being affected due to agriculture and pollution. Based on the
above factors, we find that the present or threatened destruction,
modification, or curtailment of its habitat or range continues to be a
threat to this species in Bolivia.
In Brazil, agriculture, pollution, and hydroelectric dams have been
indicated to be significant threats to the species (Verdade et al.
2010, p. 1). In this country, vast areas have been drained for
agricultural purposes. The effects from agricultural activities on the
species can be either consumptive (for example, destruction of nests
and eggs by machinery) or nonconsumptive (for example, loss of access
to traditional nesting or feeding sites), and these effects are
generally attributed to habitat loss or fragmentation. Pollution has
been a considerable problem in rivers that flow through Brazil's large
cities. S[atilde]o Paulo, Brazil's largest city, is in the center of
the species' range in Brazil. The species exists here in artificial
reservoirs, ponds, marshes, and small wetlands. Construction of large
hydroelectric dams (Verdade et al. 2010, p. 19) to support Brazil's
human population has been indicated to be one of the primary threats
here to broad-snouted caiman. Most of the natural wetlands of the
Paran[aacute] and S[atilde]o Francisco River systems in Brazil have
been dammed for these large hydroelectric stations. Construction of
dams can have severe impacts on ecosystems (McCartney et al. 2001, p.
v). For example, a dam blocks the flow of sediment downstream. During
construction of dams, disturbance to soils at the construction site is
one of the largest concerns. This leads to downstream erosion and
increased sediment buildup in a reservoir.
Because the construction of the Jupifi and Ilha Solteira Dams in
the 1970s caused the loss of a significant amount of floodplains of the
Paran[aacute] River, a survey was conducted prior to construction of
the Porto Primavera Dam (also known as the Engineer S[eacute]rgio Motta
Dam). The Porto Primavera Dam is 28 km (17 mi) upstream from the
confluence of the Paranapanema and Paran[aacute] Rivers. This dam
created the Porto Primavera Reservoir and was filled in two stages: The
first in December 1998 and the second in March 2001. The purpose of the
1995 survey was to determine what species would be affected by the
construction. The survey was done in the Paran[aacute] River basin
between S[atilde]o Paulo and Mato Grosso do Sul states. The number of
caiman nests found during the survey indicated that at least 630
reproductive females were present at that time. The presence of so many
nests suggested a large total population (Mour[atilde]o and Campos
1995, pp. 27-29) in that area. After the study was completed, a
recommendation was made to create a reserve to protect habitat
downstream of the dam; however, it is unclear whether a reserve was
established as a result of the dam being constructed.
With the construction of Porto Primavera Dam, the last floodplains
of the Paran[aacute] River within the state of S[atilde]o Paulo
disappeared, and with them, those populations of wild animals dependent
on wetlands for survival also disappeared. Lakes, swamps, and
seasonally flooded areas contribute to hydrological ecosystem processes
by retaining water and mitigating flooding. These wetlands and lakes
are important ecosystem components and are particularly important to
the broad-snouted caiman. When altered, they no longer are capable of
supporting their unique assemblages of species and maintaining
important ecological processes and functions, upon which the caiman
relies. Caiman use the S[atilde]o Francisco River main channel and its
tributaries as dispersion routes; however, populations of individuals
of all age and sizes occur mainly in lentic (still water such as lakes,
ponds, or swamps) environments. Studies on the impact of the
construction of large hydroelectric stations and how they affect the
density and reproduction of broad-snouted caiman populations were
conducted using aerial surveys (Mour[atilde]o and Campos 1995, pp. 27-
29). The surveys indicate major damage of the habitat due to these
dams. An unusual finding with respect to caiman was that researchers
found that the destruction of floating vegetation is particularly
destructive. This is likely because floating vegetation is used by
caiman for nest construction.
In 2001, the government of Brazil launched a plan for the
S[atilde]o Francisco River basin in order to minimize human impacts and
implement restoration efforts (Andrade 2002 in Filogonio et al. 2010,
p. 962). This was a huge undertaking involving federal and local
governments, nongovernmental organizations (NGOs), universities, and
the public. An initial report was issued in 2005 that indicated that
progress had been made in terms of identifying these four issues to be
addressed: (1) River basin and coastal zone environmental analysis; (2)
public and stakeholder participation; (3) organizational structure
development; and (4) watershed management program formulation. As of
2005, the studies and projects had all been completed (www.oas.org/osde, accessed March 9, 2011). However, the implementation process is
still underway (www.ana.gov.br/gefsf, accessed March 9, 2011).
Caiman habitat is still severely degraded in Brazil. Broad-snouted
caiman in the S[atilde]o Francisco River basin occurred not only in
preserved habitats but also in habitats affected strongly by human
occupation. This attests to the species' highly flexible nature.
Researchers even found broad-snouted caiman in sewage and urbanized
areas, showing that the species is fairly resistant to human impacts
and that habitat modification has varied effects on the species'
distribution. The data indicated that habitat modification may be a
variable in determining the small size of these natural populations,
rather than affecting the species' distribution pattern, at least in
Brazil (Filogonio et al. 2010, p. 964). A 2006-2007 survey found that
most of the surveyed sites presented some degree of human impact
(Filogonio et al. 2010, p. 962). Habitat modification included:
Conversion to pasture in 46 surveyed localities (72 percent), roads (25
localities; 39 percent), urbanization (23 localities; 36 percent) and
monocultures (Filogonio et al. 2010, p. 962). Of the areas surveyed,
broad-snouted caiman was present (positively identified as broad-
snouted caiman rather than a different caiman species or unknown caiman
species), in 39 localities surveyed (61 percent), and was widely
distributed along the river basin. Its presence was detected in all
lentic water body types, in the three biomes: Cerrado, Caatinga, and
Atlantic Forest (Filogonio et al. 2010, pp. 963-964). However, the
researchers did not attempt to estimate population size. They observed
a number of populations with low numbers of individuals, which were
scattered throughout the survey sites. During 2006 and 2007 surveys,
researchers found the presence of caiman species in only 17
municipalities in 64 locations along the S[atilde]o Francisco River
basin in Brazil.
The density data found in Brazil were similar to that found by
Borteiro (2006, 2008), who also found broad-snouted caiman widespread
in Uruguay, occurring in 29 of the 36 localities surveyed (81 percent
of the sampled areas). Caiman in Brazil were observed in lotic
(actively moving water) habitats,
[[Page 681]]
and considering that river channels are important routes to crocodilian
dispersal, it is logical to predict not only physical movement of C.
latirostris throughout its range, but also genetic flux within the
river basin. The distribution pattern in Brazil indicates that the
populations within the river basin are not fragmented, but seem to
exist in low numbers. Despite this data, trend data are lacking
regarding the population in Brazil and the health of the species
overall. The construction of hydroelectric dams and associated habitat
degradation such as pollution and environmental degradation is
currently affecting broad-snouted caiman and its habitat. Pollution is
a severe problem--caiman habitat overlaps S[atilde]o Paulo, Brazil's
largest city, and these polluted rivers that flow through Brazil's
large cities.
Although a plan was initiated in 2001 to address issues associated
with the construction of the dam in central caiman habitat, 10 years
later, there is no evidence that caiman habitat has improved in Brazil,
nor does it appear that caiman are a main concern of the plan. The
conservation of broad-snouted caiman in Brazil does not appear to be a
priority, and there is very little current information available
regarding this species in Brazil. Based on the best available
scientific and commercial information available, we find that the
present or threatened destruction, modification, or curtailment of this
species' habitat is a threat to the species and is likely to continue
in the future in Brazil.
In Paraguay, no recent data are available specifically for this
species. However, we do know that over the past 60 years, widespread
and uncontrolled deforestation practices have continued throughout
Paraguay, particularly in the eastern region (World Land Trust 2009, p.
1). In 1945, 8.8 million ha (21,745,273 ac) of forest covered this
region, but currently it is estimated that less than 1.6 million ha
(3,953,686 ac) remain (Huerta 2011, p. 1). Most of Paraguay's tropical
moist forests are in the eastern region of the country near the
Paran[aacute] River. This river is 4,880 km (3,032 mi) in length and
extends from the confluence of the Grande and Parana[iacute]ba rivers
in southern Brazil. It runs through the Atlantic rainforest, also known
as Mata Atl[acirc]ntica. The Atlantic Forest stretches from northeast
Brazil along the Brazilian Atlantic coastline into Uruguay, inland into
the northeast portion of Argentina and eastern Paraguay; and partially
overlaps the range of the broad-snouted caiman. Imhof (unpubl. 2006)
estimated that 7 percent of the species' range is in Paraguay. Within
Paraguay, the Atlantic Forest has been under increasing pressure from
development. In Paraguay, the Atlantic Forest is reduced to one large
tract, San Rafael, and increasingly numerous scattered and fragmented
small patches. More than half of the original area of the Atlantic
rainforests had been degraded by the turn of the last century, and more
recently only one percent was found to be still in its original state
(Wilson 1988, in Rivas et al. 1999, chapter 5). Conservative estimates
have placed the remaining forest cover in Paraguay at approximately 6
percent of the original cover (IUCN 1988a). Threats to this remaining
forest cover include fragmentation and acceleration of large-scale
agriculture and ranching projects, commercial logging, and the
construction of hydroelectric dams (Rivas et al. 1999, ch. 5) such as
the Itaipu hydroelectric dam on the borders of Paraguay and Brazil.
Habitat destruction has increased throughout the species' range in
Paraguay, and is believed to be one of the greatest threats to its
survival in Paraguay (Verdade 1998, pp. 18-19). Approximately 98
percent of Paraguay's population lives in Paraguay's eastern region,
with a population density of 18.6 per km\2\, compared with 0.2 per
km\2\ in the western, or Chaco, region. A contributing factor is that
in the eastern region, the soil is more suitable for cultivating crops;
therefore, cattle production, forestry products, and agricultural crops
are widespread in the range of this species in Paraguay. Paraguay's
main agricultural exports are soybeans and cotton (Harcourt and Sayer
1996; USDA FAS 2010, p. 2). Although the overharvest for commercial
purposes, rather than habitat destruction or modification, was the
primary reason for this species being listed under the Act, threats
have changed. Now, the largest threat seems to be habitat destruction
or modification due to agriculture and development of urban
infrastructure, which still occur to a large extent in Paraguay,
particularly within the range of broad-snouted caiman. Paraguay
implemented a Zero Deforestation Law as of 2004; however prior to that
law, its rate of deforestation was the second highest in the world (WWF
2006, p. 1). Despite the enactment of this law, the best available
information indicates that this habitat destruction and modification
still significantly affect this species. We have no indication that
conditions have improved in Paraguay since this species was listed
under the Act; rather, habitat loss has increased. Therefore, we find
that the present and threatened destruction, modification, or
curtailment of its habitat in Paraguay continues to be a threat to
broad-snouted caiman. However, we will review the information we
receive during the comment period on this proposed rule.
In Uruguay, very little information has been collected about how
habitat degradation affects the broad-snouted caiman. Based on
available information, current threats to this species' habitat in
Uruguay are likely due to agriculture and cattle ranching which occur
within this species' range. Cattle and sheep farming in Uruguay occupy
60 percent of its land (Food and Agriculture Organization of the United
Nations [FAO], p. 4). Other agricultural activities such as production
for dairy, fodder for cattle, and crops such as rice consist of
approximately 20 percent. Secondary, related effects related to
agriculture are habitat degradation and pollution due to pesticide use,
erosion, and altered ecosystems. The surveys conducted in the early
2000s indicate that caiman do exist in manmade habitats in northwestern
Uruguay. However, the current amount of suitable habitat for this
species in Uruguay is unknown. Researchers suggest that the apparent
increase in this species' population may be due to the construction of
agriculture impoundments, which provide habitat for broad-snouted
caiman in recent decades (Borteiro et al. 2008, p. 248). In the area
surveyed to determine caiman presence and abundance, impoundments were
being used mainly for irrigation of rice (69 percent) and sugar cane
crops (31 percent) in the [Ntilde]aqui[ntilde][aacute] stream basin. In
the Lenguazo stream basin, 80 percent was used for irrigation of sugar
cane and 20 percent was used for other food crops.
Two other factors that likely affect caiman habitat here are
drought and hydroelectric dams (United Nations Environment Programme
[UNEP] 2004, pp. 78-85; Borteiro et al. 2008, p. 248; Verdade et al.
2010, p. 20). Uruguay has experienced severe drought in the past few
years (IPS NEWS 2011), which has had a significant effect on
agricultural and cattle production, and this very likely affects caiman
habitat. The construction and existence of hydroelectric dams to
generate electricity may be an additional threat to the broad-snouted
caiman (UNEP 2004, pp. 78-85). Uruguay is highly dependent on
hydroelectricity, and these hydroelectric dams are within broad-snouted
caiman habitat. Although we know these activities occur within the
range of the broad-snouted caiman in Uruguay, there is very little
[[Page 682]]
information regarding the status of the species in Uruguay. We have no
evidence that there has been any change to the status of the species in
Uruguay. We do not know population trends in Uruguay, and threats to
the species' habitat such as agricultural activities, drought, and
hydroelectric dams exist. There is no information to indicate that
habitat modification or destruction has decreased such that the
population trend is stable or increasing. Researchers here recommend
more surveys of broad-snouted caiman at a larger scale in northern
Uruguay to assess the usage of manmade habitats by caiman in order to
apply this knowledge to caiman conservation and management strategies.
Given the lack of evidence that indicates that Uruguay's population of
broad-snouted caiman has either increased or has stabilized since its
inclusion under the Act, we find that the present or threatened
destruction, modification, or curtailment of its habitat or range
continues to be a threat to the species in Uruguay.
Summary of Factor A for Bolivia, Brazil, Paraguay and Uruguay
(Northern) DPS
In most of the range of this species, the habitat threats are very
similar; however, a country's management actions (refer to factor D)
may affect the status of the species. In Bolivia, Brazil, Paraguay, and
Uruguay, although these countries are making progress with respect to
habitat modification and destruction and some have adopted relevant
conservation laws (see Factor D), habitat loss continues to occur.
Increasing human populations, development of hydroelectric projects,
and draining of wetlands also have caused habitat degradation.
Conversion of broad-snouted caiman habitat to agricultural plantations
occurs commonly in these countries, and adequate management plans in
these countries for this species are not in place. We seek information
on the status of the species, particularly in Bolivia, Brazil,
Paraguay, and Uruguay, as part of this proposed rule. Although the
species is widespread, we have no information to indicate that the
status of the species has changed in these four countries, and there is
little to no population trend information available in these countries.
Based on a review of the best available information, we find the
destruction, modification, or curtailment of its habitat or range in
these four countries is a continued threat to the species.
Factor B. Overutilization for Commercial, Recreational, Scientific, or
Educational Purposes
The overharvest for commercial purposes was the primary reason for
the broad-snouted caiman's inclusion in Appendix I of CITES and
subsequent listing under the Act. The species suffered due to effects
of unregulated exploitation between 1930 and 1980. Protections were put
in place because the species had suffered substantial population
declines throughout its range due to overexploitation through the
commercial crocodilian skin trade. Under this factor, we examine how
overutilization within each country has changed since the species was
listed under the Act, and then we discuss this factor with respect to
international trade and its regulation through CITES.
Argentine DPS
In Argentina, illegal hunting was widespread through the late
1980s, but decreased in the early 1990s (Micucci and Waller 1995, pp.
81-108) due to the proliferation of caiman ranching programs and the
enforcement of national and provincial regulations (see Factor D).
Between the 1940s and early 1990s, reports indicate that more than
700,000 caiman skins were produced from Corrientes Province in
Argentina (estimated in Micucci and Waller (1995) in Pi[ntilde]a et al.
2010, p. 4). Some of these skins were illegally obtained; however,
there has been no report of illegal hunting since 1998 (Larriera et al.
2008, p. 143). Since the species was listed both under CITES and the
Act, a significant change in public perception and awareness regarding
this species has occurred. Now, the species is thought to be managed
sustainably in Argentina (Jelden 2010, pers. comm.; Verdade et al.
2010, p. 19; Woodward 2010, p. 3). Local people participate in caiman
ranching programs in which they locate nests and harvest eggs from
these nests (Larriera et al. 2008; Verdade et al. 2010, p. 19) and take
them to captive-rearing facilities. These individuals, primarily
cattle-ranchers, are compensated for the eggs. The communities within
the range of the broad-snouted caiman have an understanding of the
caiman ranching program, and they no longer have a need or desire to
illegally hunt these animals because individuals earn an income from
harvesting eggs. This is due in part to a long-standing public
awareness program and significant community involvement in protecting
this species (Larriera et al. 2008, p. 145).
The Government of Argentina has had a long history of research and
active management of its population of the broad-snouted caiman,
particularly since 1990. Currently, there are seven ranching programs
registered with the Federal government in Argentina. Three of them
function as educational programs, with no commercial exploitation. The
non-commercial ranching operations are in Entre R[iacute]os, Chaco, and
Corrientes Provinces. There are four commercial ranching programs: two
in Formosa Province, one in Corrientes Province, and one in Santa Fe
Province. The ranching programs in Formosa, Corrientes, and Chaco are
for both the broad-snouted caiman and yacare caiman. The programs in
Entre R[iacute]os and Santa Fe are for only broad-snouted caiman. Each
ranching program showed an increase in the number of eggs collected
since the program began. This indicates an upward trend in population
numbers.
Ranching Programs in Argentina
On cattle ranches in Argentina, landowners commonly channelize the
wetlands to increase grazing land for cattle; this subsequently
provides suitable caiman habitat. Most habitat preferred by the caiman
(swamps with heavy vegetation) are considered unproductive agricultural
land. In the past, the swampy areas have been drained for conversion to
agricultural lands. However, by placing an economic value on preserving
caiman habitat through compensation from the ranching program, habitat
destruction can be reduced. Additionally, by providing monetary
compensation to ranch employees for each nest they locate, there is
incentive for ranch owners and employees to protect the wetlands and
caiman nesting areas. As of 2006, there had been a 30 percent increase
in the caiman nesting areas on cattle ranches where caiman egg harvest
occurs (Larriera et al. 2006). For example, the caiman nesting area of
the Lucero Ranch (Estancia) in Santa Fe Province was 830 ha (2,051 ac)
in 1990, and increased to 1,060 ha (2,619 ac) in 2004. Larriera
suggests that one reason for the increased population density may be
due to a decline in the practice of burning and drying wetlands for
economic reasons, in addition to the dispersion of female broad-snouted
caiman into new habitat due to the caiman ranching program.
In the wild, as many as 60 to 70 percent of the eggs do not hatch
(Smith and Webb 1985; Woodward et al. 1989, p. 124). Estimated survival
of hatchlings in the wild has been as low as 10 to 20 percent,
depending on environmental conditions (e.g., frost and predation can
alter survival (Aparicio and Rios 2008,
[[Page 683]]
p. 109); see discussion under Factors C and D below). In Woodward,
researchers explained that in order to increase survival rate of
American alligators, the practice of egg collection has been
implemented to preclude embryo mortality due to factors such as
depredation, flooding, and desiccation. In the Argentina ranching
program, to increase survivability, young caiman are reintroduced to
their former nesting site after they have passed critical life stages
in which they are more susceptible to factors such as predation and
nest flooding (Larriera 2003). Removal and incubation of eggs taken
from the wild increases hatchling survivability because the larger the
caiman is, the greater likelihood it has of long-term survival in the
wild (Woodward et al. 1989, p. 124).
High mortality can occur during the first few weeks of incubation
in the wild; one study found that highest embryo mortality of alligator
eggs occurred between days 7 and 16 of incubation (Joanen and McNease
1987 in Woodward et al. 1989, p. 124). In the caiman ranching programs
in Argentina, the practice is to remove all eggs from all the nests in
collection areas that are accessible and not flooded, burned,
depredated, or necessary for survival studies (Larriera 1995). Between
the months of December and January, eggs are collected soon after
laying. Caiman ranch project managers pay cattle ranch employees for
each located nest, and each nest is assigned a number. The nests are
marked so that young hatched and reared in captivity can be returned to
the same area. Each ranching program maintains records of how many are
collected, how many are reared, and how many individuals are later
released back into the wild.
Artificial incubation has been demonstrated to enhance hatch
success in addition to early development of hatchlings (Ferguson 1985,
Joanen and McNease 1987 in Woodward et al. 1989, p. 124). Caiman
ranching programs in Argentina use various methods in artificial
incubation to increase the success rate. For example, small temperature
variances can be used to accelerate the growth of hatchlings. Animals
reared at a slightly higher temperature (22.4 [deg]C; 72.3 [deg]F) grow
faster than those maintained at a lower temperature (18.2 [deg]C; 65
[deg]F) (Pi[ntilde]a and Larriera 2002, pp. 387-391). Hatching success
and survival are not negatively affected by artificial incubation
temperature, as long as it is within the appropriate temperature range
for this species (Pi[ntilde]a et al. 2003, pp. 199-201). For broad-
snouted caiman, eggs incubated at 29 or 31 [deg]C (84-88 [deg]F)
produced 100 percent females, while at 33 [deg]C (91 [deg]F) 100
percent males were produced. Incubation at a higher temperature (34.5
[deg]C; 94 [deg]F) induced production of both sexes (Simoncini et al.
2008, p. 231).
Young are marked by removing selected caudal scutes corresponding
to hatch year and nest origin. Hatchlings are raised for nine months in
concrete pools until November, when some are removed for reintroduction
to the original nest site. The decision on how many young will be
retained in captivity for commercial production; as well as how many
will be reintroduced to the wild depends on the status of the wild
population in the area from which the eggs were harvested. Argentina
provides reports to the CITES Secretariat in accordance with CITES
Resolution Conf. 11.16. If there is a high population density in the
wild, more young are retained and raised for commercial purposes.
Chaco Province
El Cachap[eacute] Wildlife Refuge (Refugio de Vida Silvestre El
Cachap[eacute]) is a conservation and sustainable-use project developed
through an agreement between a private landowner and Fundaci[oacute]n
Vida Silvestre Argentina in Chaco Province. The project was established
in 1996 for the ranching of both yacare and broad-snouted caiman (Cossu
et al. 2007, p. 330), and it also conducts ecotourism activities. El
Cachap[eacute] is in the center of the harvest area, and encompasses
1,760 hectares (ha) (4,349 acres (ac)). Between 1998 and 2004, the
Chaco program collected 4,867 eggs and released 1,236 yearlings
(Larriera and Imhof 2006) within the Chaco Province. A population
survey conducted over 60,000 ha (148,263 ac) of the harvest area in
Chaco Province indicates that there was an average density of 4.0
individuals of C. latirostris per km during the 1999-2000 study period
(Prado 2005), but we are unaware of any additional data collected since
that time. This conservation ranching program is working towards
increasing population numbers of this species in the Chaco Province
(Verdade 2010, pp. 18-22). We are requesting additional information
pertaining to population data for all provinces, including the Chaco
Province, as part of this proposed rule.
Corrientes Province
An experimental program in Corrientes Province was established in
2004, based on an agreement between a company called Yacar[eacute]
Por[aacute] S.A. and the Direcci[oacute]n Provincial de Recursos
Naturales (Provincial Directorate of Natural Resources, Corrientes
Province). The experimental program initially conducted surveys and
included a small-scale collection of eggs. Population surveys for
yacare and broad-snouted caiman in the province were conducted to
determine the feasibility and biological sustainability of a commercial
ranching program (Micucci and Waller 2005) and now this is a commercial
operation. In preparation for the experimental ranching program in the
Province of Corrientes, the numbers of broad-snouted caiman nests in
three study areas were surveyed. In nesting seasons 2004-2005 and 2005-
2006, one area maintained its number of nests and the other two areas
showed increases resulting in a total of 165 nests observed in the
first season; and 265 nests observed in the second season (Larriera et
al. 2008). The first egg collection was conducted in 2005 (Jenkins et
al. 2006, p. 27). In late 2010, 500 hatchlings were released. As of
2010, there were 4,736 hatchlings and 12,793 individuals over one year
in age in captivity (Larriera 2010, p. 1).
Formosa Province
The program in Formosa Province (in the most northern part of the
species range in Argentina) was established in 2001, based on an
agreement between a company called Caimanes de Formosa S.R.L. and the
Direcci[oacute]n de Fauna y Parques de Formosa (Directorate of Wildlife
and Parks of Formosa) under the Ministry of Production (Jenkins et al.
2006). The first egg collection in Formosa Province was in 2002. The
Formosa program collected 13,050 eggs between 2002 and 2004, and
released 1,265 young (Larriera and Imhof 2006). Surveys of the combined
yacare caiman and broad-snouted caiman populations in Formosa have
indicated that the wild population densities have increased from a
range of 2.3 to 66 individuals per km in 2002 (Siroski 2003; Siroski
and Pi[ntilde]a 2006), to 22 to 238 individuals per km in 2008
(Pi[ntilde]a et al. 2008).
Santa Fe Province
The Santa Fe program (in the southernmost part of the species'
range in Argentina) is the largest of the approved programs; this
province has the largest population of broad-snouted caiman in the wild
in Argentina. Proyecto Yacar[eacute], in the province of Santa Fe,
Argentina, was established in 1990, with an agreement between the
Ministry of Agriculture of the Province of Santa Fe and a non-
governmental organization called Mutual del Personal Civil de la
Naci[oacute]n (Benefit of Civil Personnel of the Nation) to improve the
[[Page 684]]
conservation status of the broad-snouted caiman and its wetland
ecosystem (Larriera and Imhof 2000). The northern part of the Province
of Santa Fe contains 80 percent of the wild broad-snouted caiman
population in Argentina. Early on, the Caiman Specialist Group (CSG)
identified ranching programs in Argentina as a high priority for
species conservation (Verdade 1998, pp. 18-19). It described the
program in Santa Fe Province as a model for other Argentine provinces
where habitat still remains and the wild population is large. In 1999,
the management for sustainable use of broad-snouted caiman reached a
commercial scale (Verdade 1998, pp. 18-19).
Between 1990 and 2004, the Santa Fe program harvested 1,410 of
1,945 identified nests and produced 35,197 hatchlings from 47,948 eggs
(Larriera and Imhof 2006). Of the hatchlings that survived, 15,120
yearlings were returned to the wild and 14,046 were retained for
commercial use (Larriera and Imhof 2006). The number of nests found in
the collection area increased from 14 (1990-1991) to 439 (2003-2004),
resulting in an increase from 372 to 12,031 eggs collected per year
during the same time period (Larriera and Imhof 2006). Mean clutch size
in Santa Fe Province has been reported to be 35 eggs per nest, and the
natural incubation period is around 70 days (Larriera and Imhof 2000).
As of 2004, monitoring the wild population in the collection areas
indicated that the broad-snouted caiman population in Santa Fe
increased 320 percent since the project began (Larriera and Imhof
2006). Observed wild population densities increased from an average of
2 to 8 individuals per km in 1990, to 20 to 120 individuals per km in
2008-2009 (Larriera and Siroski 2010, p. 2). This program has resulted
in increased numbers of broad-snouted caiman in the wild in areas
surveyed and expansion of nesting areas (Larriera and Imhof 2000, 2006;
Larriera et al. 2006). The distribution of the wild population has
expanded into areas from which the species had formerly disappeared
(Larriera et al. 2005).
International Trade and Regulation Under CITES
CITES provides varying degrees of protection to more than 32,000
species of animals and plants that are traded as whole specimens,
parts, or products. CITES regulates the import, export, and reexport of
specimens, parts, and products of CITES-listed plant and animal species
(also see discussion under Factor D). Trade is managed through a system
of permits and certificates that are issued by the designated CITES
Management and Scientific Authorities of each CITES Party (http://www.cites.org). In the United States, the Scientific and Management
Authorities reside in the U.S. Fish and Wildlife Service.
Under CITES, a species is listed in one of three appendices;
listing in each Appendix has a corresponding level of protection (i.e.,
regulation of international trade), and different permit requirements
(CITES 2007). Appendix II allows for commercial trade and includes
species requiring regulation of international trade in order to ensure
that trade of the species is compatible with the species' survival. At
times a species may be listed as endangered under the U.S. Endangered
Species Act, and concurrently listed under Appendix II of CITES, rather
than the more restrictive Appendix I, which does not allow commercial
trade of wild specimens, except under limited circumstances. Although
CITES Appendix II allows for commercial trade, in order for specimens
of this species to be traded internationally, a determination must be
made that the specimens were legally obtained; and that the export will
not be detrimental to the survival of the species in the wild. CITES
Appendix I includes species that are ``threatened with extinction which
are or may be affected by trade.'' Appendix I has a further restriction
that a CITES import permit must be issued by the importing country
after finding that the specimen will not be used for primarily
commercial purposes.
The World Conservation Monitoring Centre (WCMC) at UNEP manages a
CITES Trade Database on behalf of the CITES Secretariat. Each Party to
CITES is responsible for compiling and submitting annual reports to the
CITES Secretariat regarding their country's international trade in
species protected under CITES. The trade database (www.unep-wcmc.org/citestrade) indicates that between 2000 and 2009, 11,837 broad-snouted
caiman parts and products (primarily leather and skins), plus an
additional 1,210 kilograms (2,662 pounds) of such parts and products
were exported. The vast majority of exports were from Argentina, and
the database did not indicate any trends in the trade data to cause
concern. There were very few exports from the other range countries
during the period reviewed.
If the proposed rule to reclassify the Argentine population and
accompanying Special Rule are finalized, then commercial exports of
broad-snouted caiman products from Argentina to the United States would
be allowed, provided that certain conditions are met. We do not believe
this potential increase in international trade is likely to threaten or
endanger wild broad-snouted caiman based on Argentina's management and
monitoring of the caiman ranching program. However, exports of broad-
snouted caiman and its parts and products from the rest of the range
countries would still be regulated under CITES Appendix I and as
endangered under the Act.
Summary of Factor B for Argentine DPS
In Argentina, the legal harvest does not appear to have negative
impacts on the species based on reported harvest, nest counts, and egg
harvest trends (Larriera et al. 2010, pp. 1-2; Larriera and Siroski
2010, pp. 1-5). We believe that adequate protections are in place under
Federal and provincial law and regulations in Argentina. Broad-snouted
caiman that hatched in captivity and were released near their former
nesting site have successfully matured and reproduced in the wild
(Larriera et al. 2006). For example, during the summers of 2001 and
2002, seven females released as part of Proyecto Yacar[eacute] were
recaptured while attending their nests. The females were between 9 and
10 years old at the time of capture. Their clutch sizes and hatching
success were similar to those of wild females of unknown age also
captured during the season. Mortality of eggs and hatchlings in the
wild can exceed 95 percent (Hutton 1984 in Larriera et al. 2008, p.
154). This indicates that released ranched yearlings can survive and
reproduce at least as successfully as their wild counterparts, and may
have a greater rate of survival.
Research also indicates that this practice of releasing a
percentage of captive-hatched juveniles is a valuable management tool
for crocodilian species. This is because releasing them into the wild
at an age of 8-10 months, rather than at hatching, has been shown to
enhance their chances of survival (Elsey et al. 1992, p. 671).
Survivorship in juvenile alligators has been shown to be a function of
size, with survivorship increasing as size increases (Woodward et al.
1989, p. 124).
Wild populations in the collection areas are increasing based on
egg collection and density surveys (Larriera et al. 2010). Despite the
fact that all accessible nests are harvested in the collection areas
and the number of yearlings returned to the wild is variable, the Santa
Fe program has resulted in higher population densities. Increased
reproduction in released
[[Page 685]]
animals, a greater number of nests located and harvested, and the
observation of broad-snouted caiman in areas where they had been
extirpated (Larriera and Imhof 2006; Larriera et al. 2008, pp. 143-172)
have also been observed. What may be most important to the survival of
the broad-snouted caiman, however, is that nesting areas are now
protected by local inhabitants who have an economic interest in
maintaining the wild populations. Due to public awareness programs and
monetary incentives for locals who collect eggs, there has been no
report of illegal harvest since 1998.
The information reported on ranching programs indicate increased
population numbers in Argentina of this species based on nest counts
and egg harvest reports (Jenkins et al. 2006, pp. 26-27). For example,
in the 1991 season in Santa Fe, 10 nests were harvested; 14 nests were
located, and 237 hatchlings were produced. In 2003, 228 nests were
located, 304 were identified, and 5,638 hatchlings were produced (p.
27). The current population survey methods used in Argentina are not
entirely reliable as a tool for establishing direct relationships with
populations in the wild, but they provide a general idea of the
increase in caiman numbers. Prior determination of density or absolute
abundance of nests prior to the removal of eggs is a more reliable way
of determining the population numbers. Although there is not accurate
population trend data for this species in the wild (Micucci 2010 pers.
comm.), we consider the egg harvest data to be the best available
information. Micucci points out that the information provided directly
by nest counts and night surveys is more reliable and direct than egg
harvest counts, at least in environments with large fluctuations in
water mass, which is the case of this species, particularly in
Argentina (2010 pers. comm.). We acknowledge that the current
population survey methods used in Argentina are not the most reliable
means of providing population estimates of this species in the wild;
however, the data collected indicate an upward trend in population
numbers for this species.
A secondary concern in the management of this species in Argentina
is there may be inadequate oversight by provincial governments when
extracting eggs from nests, movement of eggs, and tracking the origin
of these eggs (this also applies to Factor D, the Inadequacy of
Regulatory Mechanisms). Additionally, the level of independent or
outside evaluation of the ranching programs in Argentina is unclear and
there may be a lack of transparency in monitoring. This may be
indicative of a need for stronger involvement by the provincial and
federal governments or the need for a stronger legal framework at the
provincial level to regulate or monitor these activities. However,
despite these concerns, the reports on the broad-snouted caiman
conservation program in Argentina do indicate that the population is
increasing, and the program is being actively monitored within the
country. The government of Argentina oversees the ranching program in
Santa Fe Province, and Santa Fe contains the largest population of
broad-snouted caiman in the wild.
The species is not overutilized in Argentina and overutilization is
unlikely to be a threat to the population in the future. Annual
reporting under CITES may alert us to any new threat of overutilization
in Argentina. We are seeking information on the status of the species
in Argentina as part of this proposed rule. However, based on a review
of the best available information, and in the absence of conflicting
new information, we find no evidence that overutilization for
commercial, recreational, scientific, or educational purposes is a
threat to the broad-snouted caiman throughout its range.
Bolivia, Brazil, Paraguay, and Uruguay (Northern) DPS
One of the primary threats to the species before it was listed in
CITES Appendix I in 1975 was uncontrolled international trade. In
Bolivia, Brazil, Paraguay, and Uruguay, this species is listed in
Appendix I of CITES. International trade primarily for commercial
purposes is restricted from Bolivia, Brazil, Paraguay, and Uruguay due
to the species' Appendix I status under CITES. The UNEP-WCMC trade
database did not indicate any unusual trends in the species' trade with
respect to these countries.
Beginning in the 1940s, the broad-snouted caiman was hunted
commercially for international trade in its leather, which is commonly
reported to be of higher quality than that of other caiman species
(Brazaitis 1987 in Verdade et al. 2010, pp. 1-2). However, since the
time the species has been protected by CITES and the Act, this factor
is no longer a threat to the species in these countries.
In Bolivia, caiman is used for its fat, meat, and leather products
(Aparicio and Rios 2008, p. 112). It is also killed out of fear by
humans. In the Chaco province of Bolivia, there were reports of the
species attacking and killing pigs and other small cattle (Pacheco in
Embert 2007, p. 55), but these incidences do not seem to occur
frequently. No other recent data are available in Bolivia for this
species.
In Brazil, small amounts of illegal harvest are reported to still
occur in some areas (Verdade et al. 2010, p. 19) and in Uruguay
(Borteiro et al. 2006, p. 102). In northeastern Brazil, illegal hunting
still supplies local markets for meat in small cities along the
S[atilde]o Francisco River basin. The meat is sold as salted carcasses
like codfish, and is actually called ``S[atilde]o Francisco codfish''
(Verdade 2001a). Hunting for meat also occurs in some parts of Uruguay
(Borteiro et al. 2006, p. 104). However, species experts concluded that
illegal hunting is no longer a major threat to the species due to
improved protection, costs and consequences of illegal hunting, and the
availability of legal skins (Verdade 1998, pp. 18-19). People in the
past justified hunting caiman primarily for food. Many fishermen also
killed caiman because caiman feed on the fish in their fishing nets,
and caiman also destroy their nets (Filogonio et al. 2010, p. 964).
Thus, current levels of hunting pressure may have only localized
impacts.
In Paraguay, in the past, the broad-snouted caiman may have been
subject to greater hunting pressure than C. yacare because the quality
of its skin is considered finer (Scott et al. 1990, pp. 45-46). Hunting
was almost uncontrolled through 1990, and some caiman populations
almost disappeared. However, small residual populations were increasing
in size when last surveyed in places where they and their habitat were
protected (Scott et al. 1990, pp. 45-46).
In Uruguay, broad-snouted caiman was never legally hunted for
commercial purposes (Verdade 1998, pp. 18-19), although illegal hunting
has been observed (Borteiro et al. 2006, p. 97). Uruguay's standard of
living, literacy rate, and large urban middle class (http://www.state.gov, accessed March 14, 2011) are reported to be quite high
compared with other countries within this species' range, which may
account for the lack of commercial hunting in this country. There is no
indication that overutilization occurs in Uruguay.
Summary of Factor B for the Bolivia, Brazil, Paraguay, and Uruguay
(Northern) DPS
We are seeking information on the status of the species in Bolivia,
Brazil, Paraguay, and Uruguay as part of this proposed rule. Domestic
use still occurs, but levels remain low. Any incidence of hunting or
harvest that may occur does not significantly affect the species. Based
on a review of the best available
[[Page 686]]
information, and in the absence of conflicting new information, we find
that overutilization for commercial, recreational, scientific, or
educational purposes is no longer a threat to the broad-snouted caiman
in Bolivia, Brazil, Paraguay, and Uruguay.
Factor C. Disease or Predation
Argentina
There is little information on diseases that affect wild broad-
snouted caiman (Huchzermeyer 2003; Jacobson 2007). In 1999, the Field
Veterinary Program of the Wildlife Conservation Society and
Fundaci[oacute]n Vida Silvestre Argentina studied the health of caiman
populations in the wild and in captivity at the El Cachap[eacute]
ranching operation in Chaco Province, Argentina. There was a very low
incidence of pathogens and no evidence of infectious disease in either
population. Health conditions of ranched and wild animals continue to
be monitored in Argentina (Uhart and Moreno 2000; Uhart et al. 2000).
There is naturally a high level of predation on eggs and
hatchlings. In the wild, an average of 60 to 70 percent of the eggs do
not hatch, usually due to nest flooding or predation (Hutton 1984;
Larriera 2003). One study found that the rate of depredation in a low
rainfall season was significantly higher than normal seasons; resulting
in over half of the nests being depredated in some areas (Larriera and
Pi[ntilde]a 2000). During particularly dry seasons, high predation may
occur due to easier access to nests, and the increased distance between
the nest and the water. This may be in part due to less maternal
attention when the mother is in the water. At such times, up to 50
percent of entire clutches in forest nests and 80 percent of clutches
along levees and dykes can be consumed by predators (Larriera and Imhof
2006). Predators of eggs and hatchlings include herons (Ardea cocoi),
storks (Ciconia ciconia), crested caracaras (Caracara plancus), iguanas
(Tupinambis merianae), and carnivorous mammals such as the South
American gray fox (Pseudalopex griseus) (Larriera and Imhof 2006).
Other research found that no more than 10 percent of the hatchlings
typically survive to adulthood (Larriera and Imhof 2006). This level of
mortality from predation is considered normal in caiman populations.
In Argentina, methods are taken to minimize the effects of
predation. To decrease the death rate due to predation, ranched young
are returned to the wild only after they are past the critical first
year when the risk of predation is greatest (Larriera and Imhof 2006).
Even when nests are depredated, females can rebuild these nests
(Larriera and Pi[ntilde]a 2000). Clutch sizes can be as high as 129
eggs in a good year (Larriera 2002, p. 202). Based on surveys conducted
and numbers of eggs collected, it appears that caiman populations are
continuing to increase in Argentina. Although disease and predation are
sources of mortality, it is not a limiting factor for population
growth.
Summary of Factor C for the Argentine DPS
Disease and predation normally occur in populations, and the best
available scientific and commercial information does not indicate that
either of these factors negatively affect the broad-snouted caiman here
such that they rise to the level of threats to the species. Neither
disease nor predation are a significant factor affecting this species.
Therefore, we do not find that disease nor predation threatens this
distinct population segment of the broad-snouted caiman, now or in the
future.
Bolivia, Brazil, Paraguay, and Uruguay (Northern) DPS
In the range countries of Bolivia, Brazil, Paraguay, and Uruguay,
there is no indication that disease and predation are affecting the
broad-snouted caiman such that this factor threatens the species.
Therefore, we do not find that disease nor predation threatens this
population segment of the broad-snouted caiman.
Factor D. The Inadequacy of Existing Regulatory Mechanisms
Argentine DPS
The broad-snouted caiman was listed in Appendix I of CITES on July
1, 1975. This listing (also refer to the factor B discussion) requires
strict regulation of international movement of this species, which may
only be authorized in ``exceptional circumstances,'' and trade for
commercial purposes is generally prohibited. In 1990, the ``Projecto
Yacar[eacute]'' was implemented in Argentina based on a concept of
conservation through sustainable use of broad-snouted caiman. The
objective of the program was to improve the status of the population in
two ways: by creating incentives for landowners and by increasing
public awareness in the local communities to encourage the increase of
caiman populations. Another objective was to conserve natural wetlands
on which caimans depend (Larriera et al. 2008a, pp. 143-145). These
programs also reintroduce captive-raised individuals to the wild. Since
the government of Argentina began the management and monitoring of the
Argentine population of broad-snouted caiman, population estimates for
Argentina have indicated an upward trend. Through this program, a
significant increase in egg collection and harvest has occurred in the
wild; over 30,000 hatchlings from eggs collected have been released
into the wild since the program began.
On September 18, 1997, at the 10th meeting of the Conference of the
Parties (``CoP10''), the Argentine population of broad-snouted caiman
was transferred to Appendix II based on a proposal from Argentina. The
proposal described the increased population status of the species in
Argentina, and a ranching program that had contributed to its increase
(CoP10 Doc. 10.86, CoP10 Prop. 10.1, Government of Argentina 1997).
Appendix II allows for regulated commercial trade as long as the
exporting country finds that the specimens were legally acquired and
that the activity is not detrimental to the survival of the species.
Exported skins must be tagged according to the CITES Resolution on a
universal tagging system for the identification of crocodile skins
(Resolution Conf. 11.12 (Rev. CoP15)).
A Resolution on a universal tagging system for the identification
of crocodile skins was adopted by the Parties at CoP9, held in 1994. At
CoP10 (1997, Harare, Zimbabwe), the CITES Secretariat reported that, to
its knowledge, all range countries were effectively implementing the
Universal Tagging System Resolution. Caiman yacare skins and products
originating in Argentina have been imported into the United States with
the appropriate CITES tags. This species was downlisted under the Act
in 2000 to threatened status [65 FR 25867, May 4, 2000]. Adherence to
the CITES tagging requirements has reduced the potential for
substitution of illegal skins, which has reduced trade enforcement
problems involving the similarity of appearance of skins and products
among different species of crocodilians.
According to CITES Resolution Conf. 11.16 (Rev. CoP15), for trade
in ranched specimens of species transferred from Appendix I to Appendix
II to occur, a ranching program must: (1) Demonstrate that the program
is beneficial to the conservation of the local population; (2) identify
and document all products to ensure that they can be readily
distinguished from products of Appendix I populations; (3) maintain
appropriate inventories and harvest-level controls and mechanisms in
the program to monitor wild populations; and (4) establish sufficient
safeguards in
[[Page 687]]
the program to ensure that adequate numbers of animals are returned to
the wild if necessary and where appropriate.
At the national level, Argentine Law 22.421 prohibits all use of
fauna that is not specifically authorized (Micucci and Waller 1995). In
2000, when the experimental operations began commercial production of
broad-snouted caiman, Resolution 283/00 was enacted by the Government
of Argentina under Law 22.421. This law approves the inter-province
transit and export of caiman products from ranching operations that
comply with CITES Resolution 11.16, but trade in specimens from any
other sources (i.e., not from registered ranching operations) is
illegal. Resolution 283/00 also establishes minimum requirements for
ranching operations. One of the requirements is that there must be a
baseline population study covering at least 40 percent of the province
in which the operation is located. The study must be conducted for at
least 2 years (Larriera and Imhof 2006). The study results must be
approved by the province and then submitted to the national authorities
(Direcci[oacute]n de Fauna y Flora Silvestres [Directorate of Wild
Fauna and Flora]) for final approval. The Registro Nacional de
Criaderos (National Registry of Breeding Centers, Resolution 26/92)
lists registered ranching operations. In provinces with nationally
approved ranching programs, the provincial government must conduct an
annual evaluation of the population status of the species in their
province and submit it to the Direcci[oacute]n de Fauna y Flora
Silvestres. According to Larriera (pers. comm. 2006), all the surveys
are conducted under the supervision of members of the CSG. Ranching
operations and harvests of wildlife that are not transported across
provincial boundaries or exported are controlled through regulation at
the provincial level (Larriera and Imhof 2006).
National Legislation To Implement CITES
Information available to the Service indicates that Argentina has
protected-species and protected-areas legislation under the
jurisdiction of specific ministries or departments that control
activities that impact the broad-snouted caiman and its habitat. The
Federal legal framework within the Government of Argentina is
particularly robust. The CITES National Legislation Project
(www.cites.org, SC59 Document 11, Annex p. 1) deemed that the
Government of Argentina has national legislation that is considered
Category 1, which means they meet all the requirements to implement
CITES. With respect to CITES, based on the trade data (see Factor B
discussion) and other data and information available to the Service,
the Argentina appears to be adequately enforcing international trade
through its legal framework.
Summary of Factor D for Argentine DPS
Monitoring indicates that management efforts within Argentina are
working. The population in Argentina, based on reports provided to the
Service and the CITES Secretariat, appears to be increasing. All
Parties that conduct ranching operations approved in accordance with
Resolution Conf. 11.16 are obligated to report to the CITES Secretariat
(Jenkins et al. 2006, p. 3). While some habitat loss and degradation
remain in Argentina, these threats have been reduced based on intensive
management efforts of this species. These reports suggest that the
populations of this species are increasing in Argentina. While we do
not have complete population survey information in Argentina, all
indications suggest that the wild population is well managed and is
increasing. Wildlife such as the caiman can be advantageously used in
commerce if management is sufficient to maintain suitable habitats, and
if harvest is at a level that allows maintenance of healthy and
sustainable populations. Broad-snouted caiman, under such conditions,
can provide revenue to pay for its own management and stimulate local
economies. Therefore, we find that although the strong management of
the species through local programs promoting egg harvest and hatchling
release has reduced threats to this species and its habitat, threats
(see factor A) do still exist. With respect to international trade of
broad-snouted caiman parts and products, we find that CITES is an
adequate regulatory mechanism throughout its range. We will continue to
monitor the status of the species in Argentina; however, based on the
best available information, we find that this factor is not a threat to
the species in Argentina.
Bolivia, Brazil, Paraguay, and Uruguay (Northern) DPS
Bolivia's current environmental legislative framework represents a
significant improvement since the 1992 World Summit on Sustainable
Development in Rio de Janeiro began a foundation for the sustainable
and equitable use of the country's environmental resources and to
control destructive practices. This framework has had a positive effect
on Bolivia's economic development, especially in the forestry sector,
where it provided clearly defined roles for institutional oversight and
control. To its credit, Bolivia has become the world leader in the area
of certified production forests (Byers et al. 2008, p. 31). Because
there has been a growing concern regarding indigenous people's rights,
workers' rights, and reductions in the environmental impact of logging,
there has been an increase in third-party certifiers such as the Forest
Stewardship Council (FSC) in the global wood trade (www.fsc.org,
accessed March 14, 2011). FSC certification ensures that wood is
responsibly harvested. In Bolivia, most of the FSC certified operations
are large-scale private enterprises that are able to pay for audits and
maintain access to international markets for certified products.
However, management issues in Bolivia still remain. The ratification of
autonomy statutes by the Departments of Santa Cruz, Pando, Beni, and
Tarija, and their conflict with the National government is currently
one of the more contentious issues (Byers et al. p. 33). The most
important implications of this movement toward enhanced departmental
authority and responsibility relate to land-use planning and authority
over land tenure matters. This issue is still in flux and this transfer
towards decentralized governance could have negative repercussions on
the broad-snouted caiman.
With respect to caiman management in Bolivia, a management plan for
Caiman latirostris population recovery and conservation in Tarija
department was proposed for 2006-2009. It is unclear whether the plan
was implemented, and no updated data have been provided with respect to
the species' status in Bolivia (Aparicio and R[iacute]os 2008). The
best available information does not indicate that the regulatory
mechanisms in place are adequate to sufficiently protect this species.
Populations of broad-snouted caiman are still considered to be severely
depleted in Bolivia (Aparicio and R[iacute]os 2008, p. 104; Verdade et
al. 2010, p. 19). Habitat loss, destruction, and modification (refer to
Factor A discussion) are still occurring and are not expected to
decrease in the future (Anderson and Gibson 2006, p. 99), thus
suggesting that existing regulatory mechanisms are insufficient to
ameliorate or remove the threat from habitat destruction.
Brazil is faced with competing priorities of encouraging
development for economic growth and resource protection. In the past,
the Brazilian government, through various
[[Page 688]]
regulations, policies, incentives, and subsidies, has actively
encouraged development of previously undeveloped lands in southeastern
Brazil, which helped facilitate the large-scale habitat conversions
that have occurred throughout the Atlantic Forest (Ratter et al. 1997,
pp. 227-228; Saatchi et al. 2001, p. 874; Brannstrom 2000, p. 326;
Butler 2007, p. 3; Conservation International 2007c, p. 1; Pivello
2007, p. 2). These development projects include logging, housing and
tourism developments, and expansion of plantations (Collar et al. 1992,
p. 776; Ratter et al. 1997, pp. 227-228; Barnett et al. 2000, pp. 377-
378; Saatchi et al. 2001, p. 874; Butler 2007, p. 3). These projects
impact potentially important sites for this species and would affect
habitat within and adjacent to established protection areas in Brazil
(Collar et al. 1992, p. 776; Barnett et al. 2000, p. 377-378). The
Brazilian government has encouraged development of dams for
hydroelectric power, irrigation and expansion of agricultural
practices, primarily for soybean production (Braz et al. 2003, p. 70;
Hughes et al. 2006, pp. 51-56; Verdade et al. 2010, pp. 18-19).
Brazil's competing priorities make it difficult to enforce regulations
that protect broad-snouted caiman habitat.
In 2003, Brazil established a nationwide research and development
program, called Programme for Biology, Conservation and Management of
Brazilian Crocodilians (Coutinho and Luz 2008 in Velasco et al. 2008 p.
80). The broad-snouted caiman was listed as an endangered species in
Brazil until 2003, at which time the species was withdrawn from the
Brazilian List of Endangered Fauna (The Brazilian Institute of
Environment and Renewable Natural Resources [IBAMA] 2003). Despite
these initiatives, we have no information to indicate that regulatory
mechanisms exist to effectively limit or restrict habitat destruction
for this species. We do not have information indicating that impacts to
this species (e.g., development of dams for hydroelectric power, and
expansion of agricultural practices, primarily for soybean production)
have been or will be adequately addressed through existing regulatory
mechanisms at the sites where this species is found or in its habitat.
Based on data and information available to the Service, we believe that
the existing regulatory mechanisms in Brazil are inadequate to
ameliorate the current threats to this species in Brazil.
In Paraguay, the environmental situation has improved; Paraguay has
completed many of its governmental reform objectives (USAID 2004, p.
4). However, there are still concerns; land is still being converted to
soybean plantations, and land ownership is still a concern in Paraguay
(USAID 2004, pp. 3, 8). Paraguay's objectives are to work towards more
effective regulation and utilization practices. Environmental laws,
such as the ``Zero Deforestation Law'' and ``Valuation and Retribution
of Environmental Services Law'' have had the most significant impact
during the past five years. These measures have declared wild areas be
protected from the private sector.
While we acknowledge that Paraguay is making significant progress
in the conservation of its resources, existing regulatory mechanisms
are still inadequate. For example, Paraguay provides a legal framework
for the forestry sector under the Forest Law of 1973. Some of the
aspects of Paraguay's forest law are that it establishes incentives for
reforestation and defines forest land in categories such as reserves,
production forests, or semi-protected forests; and sets up regulations
and fines to protect the forest resources. The export of logs was
prohibited in 1972, but illegal export was still occurring in the
1980s, especially from the northeastern part of the country (IIED and
USAID 1985, in Harcourt and Sayer 1996). In part, this has been due to
insufficient financial resources. The 1973 Forest law was problematic
in the sense that not only does it allow people to colonize forest
reserves, but it also considers forested lands unproductive, and
therefore little attempt is made to prevent deforestation. Agricultural
land has a much higher economic value than forested land (in some
regions it can be as high as $1,000 U.S. dollar (USD) per ha, compared
with $400 USD per ha for forested land), which represents an obvious
economic incentive for deforestation. In 1991, Paraguay's annual
deforestation rate was estimated to be 4.7 percent (WWF 1991, cited in
Brooks et al. 1992), which at the time was higher than that of any
other South American country.
More recently, Paraguay enacted a Forest Conversion Moratorium
(also known as the Zero Deforestation Law) in 2004 which is still in
place. The law prohibits the conversion of forested areas in Paraguay's
eastern regions. Restrictions are difficult to implement and enforce.
For example, the area in the northernmost part of Paraguay known as the
Alto Paraguay was once a refuge for wildlife such as the caiman. This
was primarily due to its isolation and difficulty in accessing the
habitat. However, when the Paraguayan government promoted a waterway in
the Paraguay-Paran[aacute] Basin known as the Hidrov[iacute]a
development project, the Alto Paraguay forest became an area of land
speculation. It is unclear what is occurring in this area now and how
this activity may affect the broad-snouted caiman.
There is no evidence that effective protective measures have been
undertaken to conserve the broad-snouted caiman. The existing
regulatory mechanisms currently in place for broad-snouted caiman in
Paraguay do not adequately address the factors threatening the species.
We are seeking information and data on the status of the species in
Paraguay as part of this proposed rule; however, in the absence of new
information, we find that regulatory mechanisms in Paraguay are
inadequate to protect broad-snouted caiman.
Uruguay's richest biodiversity is found in its wetlands and its
growing practice of rice production. Its economy is highly dependent on
exports, and the agricultural sector contributes 11 percent of its
total gross domestic product (GDP). One of Uruguay's environmental
problems is that rice paddies are replacing marshlands, and it is
causing degradation of these ecosystems. While some species are capable
of adapting to these human-made ecosystems, environmental degradation
is associated with the conversion of natural habitat to rice paddies.
The government has taken steps to address the issue of wetland
protection and biodiversity. Uruguay has developed methods aimed at
improving issues associated with rice production such as harmful
residue generated during processing and is working at methods of
reducing the impact caused by residue accumulation. In the past, the
rice hulls were burned which emitted toxic chemicals into the
atmosphere and contributed to air pollution. Now, Uruguay is working
towards composting the rice hulls, which has minimal environmental
impact. Additionally, Uruguay became a member of the Ramsar Convention
in 1984 and a member of the Convention on Biological Diversity in 1992
in order to increase wetlands protection. Uruguay enacted law number
16.170 which directly addresses the conservation of wetlands, and
specifically mandates that the areas assigned for wetlands conservation
must be respected by rice farmers.
Although Uruguay has made progress in improving its environmental
laws and recognizes the importance of protecting its biodiversity,
enforcement
[[Page 689]]
of its laws regulating protection of this species may still be
insufficient in some areas (Brazaitis et al. 1996). This has primarily
been due to the limited resources available to local enforcement
agencies, as well as the remoteness and inaccessibility of much of the
caiman habitat. We have no information to indicate that the existing
regulatory mechanisms effectively limit or restrict habitat destruction
for this species. Although Uruguay is making progress in its protection
of natural resources, it is unclear how this species is being monitored
and managed in Uruguay. We do not have sufficient evidence that impacts
to this species (e.g., conversion of wetlands to rice paddies and
subsequent environmental degradation that occurs) have been or will be
adequately addressed through existing regulatory mechanisms at the
sites where this species is found or in its habitat. Based on the best
available information, we find that the existing regulatory mechanisms
continue to be inadequate to ameliorate the current threats to this
species in Uruguay.
National Legislation To Implement CITES in Bolivia, Brazil, Paraguay,
and Uruguay
The CITES National Legislation Project (www.cites.org, SC59
Document 11, Annex p. 1) deemed that the Governments of Brazil and
Uruguay have national legislation that is considered Category 1, which
means they meet all the requirements to implement CITES. Bolivia was
described as being in Category 2, both with a CITES legislation plan
and draft legislation, but not enacted, and Paraguay was described as
Category 2 with no plan and only draft legislation. Overutilization
(unsustainable trade in skins, parts, and products) was the primary
reason that this species was listed in CITES Appendix I and also listed
as endangered under the ESA. However, now, overutilization is no longer
a concern for this species. With respect to CITES, based on the trade
data (see Factor B discussion), we find that the governments of
Bolivia, Brazil, Paraguay, and Uruguay are adequately enforcing
international trade through their respective legal frameworks.
Summary of Factor D for Bolivia, Brazil, Paraguay, and Uruguay
(Northern) DPS
With respect to international trade of broad-snouted caiman parts
and products, we find that CITES is an adequate regulatory mechanism in
Bolivia, Brazil, Paraguay, and Uruguay. However, the best available
scientific and commercial information indicates that broad-snouted
caiman continues to be threatened by the inadequacy of the existing
regulatory mechanisms in Bolivia, Brazil, Paraguay, and Uruguay to
ameliorate the effects of habitat loss and degradation. Management
efforts vary within the range of broad-snouted caiman. Each country has
both unique and overlapping factors that affect the species. In some
cases, there was an abundance of information available regarding
potential threats to the species, and in other cases, there was little
to no information available, particularly regarding the adequacy of
regulatory mechanisms with respect to this species.
In Bolivia, Brazil, Paraguay, and Uruguay, the best available
information indicates that the primary threat to the species is habitat
loss (Factor A). Related to this factor is the inability of the
governments, at a national, provincial, or regional level, to
adequately enforce mechanisms to address threats. In these countries,
there is little monitoring data on broad-snouted caiman. Based on a
review of the information available, we were unable to find that
regulatory mechanisms are adequate in Bolivia, Brazil, Paraguay, and
Uruguay to protect broad-snouted caiman from threats including habitat
loss.
Factor E. Other Natural or Manmade Factors Affecting Its Continued
Existence
Following is a rangewide threats analysis in which we evaluate
whether other natural or manmade factors affect the continued existence
of the broad-snouted caiman throughout its range because the
information available is not specific to each DPS. This evaluation is
not specific to each country unless specified as such.
Pesticides and Endocrine Disruptors
Approximately 10 to 15 percent of pesticides applied in
agricultural activities actually reach target organisms, and the
remainder is dispersed into the atmosphere, soil, and water (Poletta et
al. 2009, p. 96). In Argentina, soy, which requires the application of
pesticides, occupies 16 million hectares, and land dedicated to soy
plantations continues to expand (Larriera et al. 2008, p. 165). A study
regarding the genotoxicity of the herbicide formulation Roundup[reg]
(glyphosate) was conducted in Argentina on broad-snouted caiman.
Glyophosate is a broad-spectrum herbicide used widely in weed control.
In this study, specimens of broad-snouted caiman were exposed to
various concentrations and compounds of glyphosate commonly used in
agriculture, particularly on soy plantations. Not only did the study
result in deformities of exposed caiman, but it also resulted in
mortalities (Poletta et al. 2009, p. 98). One form of glyphosate,
Cycloposphamide, in particular, caused malformations in the exposed
caiman, causing 90 percent embryo mortality (Poletta et al. 2009, p.
97). Another study found that exposure to pesticides increases the egg
weight loss and decreases hatchlings weight of Caiman latirostris
(Beldomenico et al. 2007, p. 246), which negatively affects species'
fitness. This study evaluated responses based on exposure to atrazine
and endosulfan, which are commonly used in agriculture. Egg weight loss
was significantly greater for those eggs treated with an
environmentally relevant dose of atrazine (0.2 parts per million) (ppm)
and relatively low doses of endosulfan (2 and 20 ppm) (Beldomenico et
al. 2007, p. 249). The study was done on captive-held broad-snouted
caiman; the impact of these pesticides on natural caiman populations is
unknown. However, extrapolations can be made that exposed smaller
hatchlings would have less chance of survival during their first year,
thus affecting the population dynamics of the species. Impaired
embryonic growth may also be occurring when exposed to contaminated
water and food (Beldomenico et al. 2007, p. 250).
Potential effects from contamination by commonly used pesticides
such as aldrin, chlordane, endrin, lindane, methoxyclor, toxaphene,
DDT, parathion, endosulfan, malathion, and carbaryl, similar to that
found in the studies conducted on captive broad-snouted caiman, are
likely to occur and affect this species in the wild. Farmers are not
well trained in proper application methods, often over-applying
agrochemicals, applying them under inappropriate physical or
environmental conditions, and not following appropriate handling,
washing, and storage protocols (Byers et al. 2008, p. 26). Despite
regulations governing the use of these and other pesticides, more
oversight and resources are needed to monitor their use and effects on
this species. Such pesticide use is likely to occur throughout the
species' range.
In Bolivia, contamination of aquatic systems from agrochemicals
occurs in some areas, particularly in Santa Cruz and Cochabamba (Byers
et al. 2008, p. 26). In the lowlands of Santa Cruz Department, for
example, where broad-snouted caiman may exist, agro-industrial
development is leading to increased use of agrochemicals. Soy,
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sunflower, cotton, and sugarcane are the main crops, and to a lesser
extent coffee, cacao, and rice are grown. Mechanized agriculture on
large areas with poor soil has led to the increased use of
agrochemicals such as fertilizers and pesticides that are often applied
by aerial spraying. Despite increasing oversight, 17 pesticides have
been banned in Bolivia but are nevertheless freely sold in local
markets and routinely used (Byers et al. 2008, p. 26).
Although we recognize that pesticides will result in mortalities
and decreased fitness in some individuals, the best available
information does not indicate that pesticides threaten this species.
Studies have been conducted in Argentina, where similar pesticides are
used, and reproduction and survival rates of broad-snouted caiman in
Argentina appear to be currently robust. Populations currently remain
stable or are increasing in Argentina; and the species has even
expanded its range in some areas (Borteiro et al. 2008, pp. 244-249;
Verdade et al. 2010, pp. 18-22). This is an indication of the species'
intrinsic resilience and adaptability. Although environmental
contaminants such as pesticides and herbicides likely affect
individuals, there is no evidence that they currently pose a threat to
the species.
Specifically, with respect to endocrine disrupters, studies in
other crocodile species have been conducted to examine their effects
(Rainwater et al. 2008, pp. 101-109). Vitellogenin induction is a
useful biomarker to examine exposure and response to endocrine
disruptors, specifically environmental estrogens. The vitellogenin gene
is a biomarker frequently used to detect estrogenic effects in male
fish. However, this study concluded that endocrine disruptors do not
appear to have negative effects on crocodile species in the wild. To
the best of our knowledge, endocrine disrupters are not a threat to
broad-snouted caiman.
We recognize that environmental contaminants may affect
individuals, especially given the potential for long-term
bioaccumulation of contaminants during the species' life. However, we
do not have information or data on the extent of the impact, if any,
that environmental contaminants currently have on the species. An
inadvertent aspect of the research referenced above indicated that the
removal of eggs from the wild and hatching in a captive environment can
actually have a beneficial effect. If eggs are negatively affected by
exposure to pesticides through either a decrease in fitness or
mortality in the wild, it would be of benefit to remove them shortly
after females lay eggs to reduce or eliminate exposure to environmental
contaminant. Regardless of this aspect, based on the best available
scientific and commercial information available, we currently do not
find that exposure to pesticides or other environmental contaminants is
a threat to the species.
Human Conflict
Although it is commonly known that human conflict with caiman
occurs, this is not a significant factor affecting the species. The
most recent status survey of broad-snouted caiman by the Crocodile
Specialist Group indicates that the principal threats to this species
are habitat destruction, illegal hunting in localized areas (in some
states of Brazil, where caiman population is low), and construction of
large hydroelectric dams (Verdade et al. 2010, p. 1). In Bolivia, a
survey indicated that 92 percent of individuals said that they hunted
broad-snouted caiman to avoid the danger of an attack. This was more
common when caiman were found in cattle watering areas such as ponds
and agricultural impoundments near their homes. However, the actual
impacts are unknown; the survey was anecdotal. Most broad-snouted
caiman populations in Argentina occur on privately owned wetlands. In
Chaco, Argentina, local people have been known to kill caiman, not only
for food, but out of fear that these animals will attack them or their
livestock and poultry (Prado 2002, Aparicio and Rios 2008, p. 112).
Based on interviews with ranchers, landowners and police, it is
estimated that approximately 30 to 40 wild caiman per year are killed
for food, and about 50 per year are killed out of fear (Larriera 2006,
pers. comm.). These killings often occur during the dry season, when
caiman move to ponds that are closer to human-populated areas. To
counter these fears, biologists have been working with local
communities through the caiman ranching project at the El
Cachap[eacute] Wildlife Refuge in Argentina. One aspect of this program
was that they developed an educational campaign in local schools. The
students also participate in the ranching project on the refuge. The
project has produced two educational Web sites, www.yacare.net and
www.chicos.net, that describe the conservation and ecology of caiman
species in Argentina.
In Argentina, because there is incentive for local communities and
villagers in the range of the species to conserve broad-snouted caiman,
conflict and killing of caiman for food, although it occurs, do not
occur to the extent that it rises to the level of a threat. Throughout
the rest of the species' range, human conflict with broad-snouted
caiman occurs sporadically and may result in the death of some
individual caiman. However, the best available scientific and
commercial information does not indicate that human conflict occurs to
the extent that it is a threat to the species. Therefore, relative to
the population size, human conflict does not appear to be a threat to
the species.
The broad-snouted caiman, like other wildlife, is a victim of
collisions with motor vehicles while crossing roadways. This results in
the mortality of about 200 animals per year (Larriera, pers. comm.
2006). Broad-snouted caiman often successfully cross roads in areas
containing sparse human developments. Development of high volume
transportation corridors in broad-snouted caiman habitat may inhibit
their movements between habitat patches, potentially reducing
connectivity among water bodies generally inhabited by broad-snouted
caiman. However, these mortality events do not occur to such an extent
that they are a significant factor affecting the species.
Fire Ants
The red fire ant, Solenopsis invicta, is an extremely aggressive
species. It is originally from central South America and is distributed
throughout a large variety of habitats (Folgarait et al. 2005 in
Parach[uacute]-Marc[oacute] et al. 2008, pp. 1-2). It completely
occupies the area of distribution of broad-snouted caiman. This is an
opportunistic, aggressive species and is able to reach high population
densities. The fire ant prefers total or partial exposure to the sun,
and apparently is attracted by sources of protein, sugar, and lipids as
well as high levels of humidity. Because broad-snouted caiman generally
nest in fairly open habitats, and its nests are raised, they provide an
ideal source of protection for S. invicta colonies from rains during
the summer. Allen et al. (1997, pp. 318-320) showed that red fire ants
affect the success of hatching, causing the death of unborn embryos in
the nest, and possibly preventing the female from opening the nest when
her hatchlings call. In Argentina, these ants use broad-snouted caiman
nests to set up their new colonies (Larriera 2006, personal
communication), and have been documented to decrease hatching success
by 20 percent (Parach[uacute]-Marc[oacute] et al., 2005, pp. 1-2). The
severity and magnitude of long and short term effects of fire ants on
broad-snouted caiman populations is currently unknown.
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Although fire ants have the potential of being a localized threat,
particularly in disturbed areas, the best available information does
not indicate that this factor affects the species such that it is a
threat to the species throughout all or a significant part of its
range.
Drought and Flooding
This species has survived large-scale droughts and floods in the
past (Larriera 2003), but high rainfall can lead to reduced hatching
success from flooding (Larriera and Pi[ntilde]a 2000). Recent caiman
counts suggest that populations declined somewhat during 2002-2003 and
2007-2008 (Micucci et al. 2007, Larriera et al. 2008). This was
attributed to cyclic drought conditions during the early 2000s (Micucci
et al. 2007, Larriera et al. 2008). The harvest of broad-snouted caiman
eggs during the 2009 season was drastically reduced in Corrientes,
Santa Fe, and Formosa Provinces also due to a severe drought. However,
in 2010, wetlands recovered due to heavy rains, and egg harvest in 2010
was approximately 30 percent higher than the historical average
(Larriera and Siroski 2010, pp. 1-2). However, drought and flooding
does not occur to such an extent that they are a significant factor
affecting the species.
Climate Change
The term ``climate'' refers to an area's long-term average weather
patterns, or more specifically, the mean and variation of surface
variables such as temperature, precipitation, and wind, whereas
``climate change'' refers to any change in climate over time, whether
due to natural variability or human activity (Intergovernmental Panel
on Climate Change (IPCC) 2007, pp. 6, 871). Although changes in climate
occur continuously over geological time, changes are now occurring at
an accelerated rate. For example, at continental, regional and ocean
basin scales, recent observed changes in long-term trends include: A
substantial increase in precipitation in eastern parts of North
American and South America, northern Europe, and northern and central
Asia; declines in precipitation in the Mediterranean, southern Africa,
and parts of southern Asia; and an increase in intense tropical cyclone
activity in the North Atlantic since about 1970 (IPCC 2007, p. 30).
Examples of observed changes in the physical environment include an
increase in global average sea level and declines in mountain glaciers
and average snow cover in both the northern and southern hemispheres
(IPCC 2007, p. 30).
The IPCC used Atmosphere-Ocean General Circulation Models and
various greenhouse gas emissions scenarios to make projections of
climate change globally and for broad regions through the 21st century
(Meehl et al. 2007, p. 753; Randall et al. 2007, pp. 596-599).
Highlights of these projections include: (1) It is virtually certain
there will be warmer and more frequent hot days and nights over most of
the earth's land areas; (2) it is very likely there will be increased
frequency of warm spells and heat waves over most land areas, and the
frequency of heavy precipitation events will increase over most areas;
and (3) it is likely that increases will occur in the incidence of
extreme high sea level (excludes tsunamis), intense tropical cyclone
activity, and the area affected by droughts in various regions of the
world (Solomon et al. 2007, p. 8). More recent analyses using a
different global model and comparing other emissions scenarios resulted
in similar projections of global temperature change (Prinn et al. 2011,
pp. 527, 529).
As is the case with all models, there is uncertainty associated
with projections due to assumptions used, data available, and features
of the models. Despite this, however, under all models and emissions
scenarios the overall surface air temperature trajectory is one of
increased warming in comparison to current conditions (Meehl et al.
2007, p. 762; Prinn et al. 2011, p. 527). Climate models and associated
assumptions, data, and analytical techniques continue to be refined,
and thus projections are refined as more information becomes available
(e.g., Rahmstorf 2010 entire). For instance, observed actual emissions
of greenhouses gases, which are a key influence on climate change, are
tracking at the mid- to higher levels of the various scenarios used for
making projections, and some expected changes in conditions (e.g.
melting of Arctic sea ice) are occurring more rapidly than initially
projected (Raupach et al. 2007, Figure 1, p. 10289; Comiso et al. 2008,
p. 1; Pielke et al. 2008, entire; LeQuere et al. 2009, Figure 1a, p. 2;
Manning et al. 2010, Figure 1, p. 377; Polyak et al. 2010, p. 1,797).
In short, the best scientific and commercial data available indicates
that increases in average global surface air temperature and several
other changes are occurring and likely will continue for many decades
and in some cases for centuries (e.g. Solomon et al. 2007, pp. 822-829;
Church 2010, p. 411).
Changes in climate can have a variety of direct and indirect
impacts on species, and can exacerbate the effects of other threats.
For instance, climate-associated environmental changes to the
landscape, such as decreased stream flows, increased water
temperatures, reduced snowpacks, and increased fire frequency, or other
changes occurring individually or in combination, may affect species
and their habitats. The vulnerability of a species to climate change
impacts is a function of the species' sensitivity to those changes, its
exposure to those changes, and its adaptive capacity (IPCC 2007, p.
883). As described above, in evaluating the status of a species the
Service uses the best scientific and commercial data available, and
this includes consideration of direct and indirect effects of climate
change. As is the case with all other stressors we assess, if the
status of a species is expected to be affected that does not
necessarily mean it is a threatened or endangered species as defined
under the Act. Species that are dependent on specialized habitat types,
limited in distribution, or occurring already at the extreme periphery
of their range will be most susceptible to the impacts of climate
change; however, the broad-snouted caiman has a wide distribution.
The information currently available on the effects of climate
change and the available climate change models do not make sufficiently
accurate estimates of location and magnitude of effects at a scale
small enough to apply to the range of the broad-snouted caiman. Below
is a discussion of data and research available, with which we can make
inferences on the projected impacts to the broad-snouted caiman due to
climate change, particularly the potential impacts of shifting global
temperatures on sex ratios as well as the species' distribution.
A study conducted to determine climate change's projected impacts
to the American crocodile (Crocodylus acutus) illustrates possible
impacts to the broad-snouted caiman (Escobedo-Galv[aacute]n 2006, p.
131). This is significant because the sex of crocodiles is determined
during incubation and is temperature-dependant. This study selected
areas in Florida and western Mexico that contain American crocodiles,
and predicted how increased temperatures could affect the geographical
distribution and sex ratios of the species in Florida, the Caribbean,
and Central America. It focused on the geographic distribution and sex
ratios of American crocodiles in the present (2006), 2020, and 2050. It
suggested that the geographic distribution and sex ratios of American
crocodile populations in different parts of its range would change in
response to temperature and sea-level parameters. Optimal growth in
crocodilians has been found to occur around 31 [deg]C
[[Page 692]]
(88 [deg]F), with appetites and effective digestion diminishing below
29 [deg]C (84 [deg]F) (Coulson and Hernandez 1964, pp. 2-33; Coulson
and Coulson 1986, pp. 585-588), which correlates with optimal
temperatures for incubation.
According to Escobedo-Galv[aacute]n et al. 2008, increased global
temperatures and sea level could in some ways benefit the American
crocodile by significantly increasing its potential habitat and
distribution. Through this we could infer that similar effects could
occur in the broad-snouted caiman species. The study predicted that the
distribution for the American crocodile would expand 69 percent in 2020
and 207 percent in 2050. This is an 81 percent increase in potential
distribution from 2020 to 2050 (Escobedo-Galv[aacute]n et al. 2008, pp.
9-10). While the American crocodile is adapted to a narrow climate
range (Escobedo-Galv[aacute]n et al. 2008, p. 5), the broad-snouted
caiman's geographic distribution is one of the widest latitudinal
ranges among all crocodilians (Schmidt-Villela et al., 2008 p. 1).
Broad-snouted caiman latitudinal range is between 5 [deg]S to 32 [deg]S
(Simoncini et al. 2009, p. 191). As global temperatures increase, areas
that are currently too cool to support broad-snouted caiman may become
warm enough to support them in the future.
The study also predicted that increased global temperatures could
have a negative impact on the sex ratios of the American crocodile.
Like other crocodilian species, both the American crocodile and the
broad-snouted caiman exhibit temperature-dependent sex determination.
Temperature determines the proportion of males to females produced in
nests (Escobedo-Galv[aacute]n et al. 2008, p. 4). In C. crocodilus,
incubation temperatures greater than about 34 [deg]C (93 [deg]F) or
less than 32 [deg]C (90 [deg]F) were found to produce females while
temperatures between 32 and 34 [deg]C (90 and 93 [deg]F) generally
produced males (Escobedo-Galv[aacute]n 2006, p. 133; Escobedo-
Galv[aacute]n et al. 2008, p. 2). Thus, the production of males is
entirely dependent upon a sustained incubation temperature range of
only three degrees. In this study, incubation temperatures greater than
36 [deg]C (97 [deg]F) were found to be at the upper end of the
tolerance range for these eggs and resulted in both death of embryos
and stress to the surviving hatchlings (Escobedo-Galv[aacute]n et al.
2008, p. 2).
Although the study with respect to C. crocodilus predicted that by
2020, the sex ratio is expected to shift in favor of males, this did
not appear to be the case for broad-snouted caiman. For broad-snouted
caiman, one study indicated that eggs incubated at 29 [deg]C or 31
[deg]C (84 or 88 [deg]F) produced 100 percent females, while at 33
[deg]C (91.4 [deg]F) 100 percent males were produced. Incubation at
higher temperatures (34.5 [deg]C; 94.1 [deg]F) induced production of
both sexes (Simoncini et al. 2008, p. 231).
There is conflicting information on how climate change could affect
this species; it could benefit the species or have no significant
impact. We are not able to make inferences based on a study on C.
crocodilus in this case. Based on the data available, we do not
currently have sufficient information to determine how changes in
climate will affect this species at this time, particularly with
respect to how it will affect the species' sex determination and
distribution.
The broad-snouted caiman's geographic distribution is one of the
largest latitudinal ranges among all crocodilians (Verdade and
Pi[ntilde]a 2006). Due to its variability in use of habitat, an
expansion of the range of the broad-snouted caiman may occur, as it is
more of a habitat generalist than other crocodile species.
Based on scenarios that do not assume explicit climate policies to
reduce greenhouse gas emissions, global average temperature is
projected to rise by 2-11.5 [deg]F by the end of this century (relative
to the 1980-1999 time period) (USGCRP 2011, p. 9). Optimal growth in
crocodilians has been found to occur around 88 [deg]F (31 [deg]C), with
appetites and effective digestion diminishing below 84 [deg]F (29
[deg]C). Although climate change may cause changes in the broad-snouted
caiman distribution, especially given the crocodilian requirement for
temperature dependent sex determination, we do not have any data to
indicate that effects on the species due to climate change would have a
detrimental effect, nor is climate change likely to become a threat in
the foreseeable future. However, we are seeking information and data on
the effects of climate change on the broad-snouted caiman as part of
this proposed rule.
Summary of Factor E
Few, if any, other natural or manmade factors are anticipated to
significantly affect the continued existence of the broad-snouted
caiman in either DPS. We reviewed factors such as fire ants, human
conflict, pesticides and endocrine disruptors, droughts and flooding,
and climate change. With respect to climate change, we lack adequate
local or regional models on how climate change would specifically
affect the habitat in the broad-snouted caiman's range. Given that
reliable, predictive models have not been developed for use at the
local scale in Argentina, Bolivia, Brazil, Paraguay, and Uruguay, there
is little certainty regarding the timing, magnitude, and net effect of
climate change's impacts. Therefore, we find it is not possible at this
time to make reliable predictions of climate change effects on the
Argentine population or the Bolivia, Brazil, Paraguay, Uruguay
population due to the current limitations in available data and climate
models. We found no information that the other stressors evaluated
under this factor significantly affect the survival of the species.
Based on the best available information, we find that there are no
other natural or manmade factors are not threats to either population
segment.
Finding
We have carefully assessed the best available scientific and
commercial information regarding the past, present, and future threats
faced by the broad-snouted caiman throughout its range, and we have
separately evaluated the population in Argentina (referred to as a
distinct population segment, or DPS) and the Northern DPS which
consists of Bolivia, Brazil, Paraguay, and Uruguay.
Argentine DPS
In Argentina, our status review found that, although some localized
impacts to broad-snouted caiman still occur in Argentina, such as
habitat modification, particularly due to agricultural development, the
Government of Argentina has reduced threats associated with habitat
loss and overutilization through its ranching program such that the
species is not currently in danger of extinction. Through the five-
factor analysis, we considered the progress made by Argentina towards
addressing previous threats to this species. We took into consideration
the conservation actions that have occurred, are ongoing, and are
planned. Since listing under the ESA, the species' status has improved
in Argentina based on the following:
National and international laws and treaties have
minimized the impacts of trade.
Effective community-based ranching programs have been
established.
Population numbers appear to be increasing in Argentina
based on nest counts and egg harvest data.
The primary factor that led to the listing of this species under
the Act was overutilization. In Argentina, we find few threats to the
species in the wild, though we find the DPS is still threatened by the
present or threatened
[[Page 693]]
destruction, modification, or curtailment of its habitat or range
(Factor A). However, information regarding the caiman ranching program
in Argentina indicates that the caiman is increasing in the wild in
Argentina such that it is no longer in danger of extinction. The
information indicates that the broad-snouted caiman population is now
widespread throughout its historic range in Argentina, and it is found
in comparable densities relative to other species of crocodilians.
Recent surveys (Siroski 2004, 2006; Micucci et al. 2007; Pi[ntilde]a et
al. 2008) have found broad-snouted caiman in sampled populations at
densities similar to the American alligator (Wood et al. 1985; Woodward
2008, p. 1). This supports our finding that the broad-snouted caiman
populations are increasing in the wild. In the region that has had the
oldest caiman ranching program (Santa Fe province); population trend
information based on night counts during 1990-2002 indicates five of
six populations increased during that period (Larriera and Imhof 2004).
Recent data tracking of the success of hatching shows the percentage of
hatchlings born from the harvested eggs has been above 70 percent in
recent years, sometimes exceeding 80 percent (Larriera et al. 2008, p.
158).
As discussed under Factor B, removing eggs from the wild, rearing
the young, and releasing them at an age where they can defend
themselves more readily can be advantageous, because larger size in
young crocodilians improves survivorship. Survivorship in juvenile
crocodilians has been shown to be a function of size, with survivorship
increasing as size increases (Elsey et al. 1992). For crocodilians,
supplementing wild populations with captive-reared juveniles taken from
eggs collected in the wild is a valuable tool for crocodilian
management, because mortality of juveniles in the wild decreases with
age and size.
Enforcement of existing national and international laws and
treaties has minimized the potential impact of trade in Argentina, and
available data strongly suggest that wild populations in Argentina are
increasing (Pi[ntilde]a et al. 2009). Exports from Argentina are
carefully managed and commercial exports are limited to those caiman
from managed programs. All indications suggest that Argentina has been
quite successful in increasing its population of broad-snouted caiman
through intensive management efforts. The population has increased as
evidenced by an increase in population density, the identification of
reproductive females previously released by the program, the expansion
of the nesting areas, the increase in the quantity of harvested nests,
and the observation of caiman in places where they had disappeared
(Larriera et al. 2008, p. 172). Age classes reflect healthy
reproduction and recruitment into a wild breeding population.
We find that the impacts previously identified in Argentina when
the species was listed under the Act no longer are of sufficient
magnitude such that it is endangered. Because the Argentine population
of broad-snouted caiman satisfies both the discreteness and
significance criteria as defined by the DPS Policy, we propose to
reclassify the distinct population segment of the broad-snouted caiman
(C. latirostris) in Argentina from its present endangered status under
the Act to threatened status. As identified above, only one of the five
listing factors currently poses a known threat to the broad-snouted
caiman, namely, Factor A--the present or threatened destruction,
modification, or curtailment of its habitat or range. Although not
currently in danger of extinction due to the destruction, modification,
or curtailment of its habitat, we find that it is likely to become so
with the continued destruction of habitat in the foreseeable future. We
have seen substantial progress in Argentina with respect to addressing
threats to this species. In developing this proposed rule, we carefully
assessed the best scientific and commercial data available regarding
the threats facing this species, as well as the ongoing conservation
efforts by Argentina. Consequently, we have determined that the
Argentine DPS of the broad-snouted caiman should be reclassified to
threatened.
Bolivia, Brazil, Paraguay, and Uruguay (Northern) DPS
In contrast, there is a lack of information about the broad-snouted
caiman in Bolivia, Brazil, Paraguay, and Uruguay (Aparicio and
R[iacute]os 2008; Borteiro et al. 2008; Verdade et al. 2010, p. 20). In
Bolivia, Brazil, Paraguay, and Uruguay, the best available information
indicates that threats remain such that the species should retain its
endangered status under the Act due to habitat degradation and the
inadequacy of regulatory mechanisms (Factors A and D, respectively).
Although we have very little data about the species in these countries
and are unable to determine population numbers or trends, the best
available information indicates that the species continues to face
threats under Factors A and D in Bolivia, Brazil, Paraguay, and Uruguay
such that the species remains currently in danger of extinction.
Therefore, because this population segment satisfies the discreteness
and significance criteria under the DPS policy, we find that the
distinct population segment of the broad-snouted caiman in Bolivia,
Brazil, Paraguay, and Uruguay should remain endangered under the Act.
We will continue to monitor the status of the species throughout its
entire range. Additionally, the broad-snouted caiman in Bolivia,
Brazil, Paraguay, and Uruguay will remain listed in Appendix I of
CITES.
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. 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, provided that those prohibitions and
exceptions 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.
In some cases, caiman skins and other parts are exported to another
country, usually for tanning and manufacturing purposes. The processed
skins and finished products are exported to the United States. The rule
prohibits importation or re-exportation of such skins, parts, and
products if we determine that either the country of origin or re-export
is engaging in practices that are detrimental to the conservation of
caiman populations. The purpose of this rule is threefold. First, the
rule accurately reflects the conservation status of the broad-snouted
caiman. Second, we wish to promote the conservation of the broad-
snouted caiman by ensuring proper management of commercially harvested
caiman species in its range countries and, through implementation of
trade controls (as described in the CITES Universal Tagging System
Resolution), to reduce co-mingling of caiman specimens. Third,
downlisting of the broad-snouted caiman Argentine DPS to threatened
reconciles listings of the species in the Act and CITES.
[[Page 694]]
This special rule: (1) Recognizes the positive recovery efforts and
accomplishments of the government of Argentina in recovering the broad-
snouted caiman to the extent that the species no longer meets the
definition of endangered; (2) Provides increased regulatory
flexibility; and (3) Helps streamline or eliminate review and
permitting requirements, thus providing a net benefit to the broad-
snouted caiman by providing incentives to countries who are conducting
conservation efforts for the species. A special rule for this DPS
allows U.S. commerce in their skins, other parts, and products from
Argentina and countries of re-export if certain conditions are
satisfied by those countries prior to exportation to the United States.
Therefore, under section 4(d) of the Act, we determine, through this
special rule, that it is necessary and advisable to provide for the
conservation of the broad-snouted caiman in accordance with applicable
laws.
Currently, the listing of the broad-snouted caiman from Argentina
in Appendix II of CITES allows commercial trade under certain
restrictions in the species, including parts and products. On May 4,
2000, the Service reduced restrictions on a similar species, the yacare
caiman (Caiman yacare), by reclassifying it from endangered to
threatened under the Act (65 FR 25867). That final listing rule
included a special rule that exempts the commercial importation and re-
exportation, under certain conditions, of yacare skins, parts, and
products into and out of the United States from the Act's implementing
regulatory prohibitions for threatened species under section 50 CFR
17.31. Our regulations at 50 CFR 17.42(c) set forth this special rule
for threatened caiman, including, among others, the yacare (C. yacare),
common caiman (C. crocodilus crocodilus), and brown caiman (C.
crocodiles fuscus and C. crocodiles chiapasius). Section 17.42(c)
allows the import, export, or re-export, or the interstate or foreign
commerce of caiman skins, parts, and products without a threatened
species permit otherwise required under 50 CFR 17.32, provided the
requirements of this Special Rule and parts 13, 14, and 23 of 50 CFR
are met.
We propose to add the Argentine DPS of the broad-snouted caiman to
the special rule at 50 CFR 17.42(c). This special rule allows import,
re-export, and interstate commerce of specimens and products
originating only from Argentina. This proposed rule, in most instances,
adopts the existing conservation regulatory requirements of CITES as
the appropriate regulatory provisions. It would also allow interstate
or foreign commerce. The proposed special rule would, if adopted, allow
import and export of broad-snouted caiman parts and products and
interstate or foreign commerce of this species without a permit under
the Act as described at 50 CFR 17.42(c).
Finally, this special rule does not cover the importation of viable
caiman eggs or live caimans into the United States. Importation of
these two types of specimens will require an Endangered Species Act
import permit and the appropriate CITES permit. This requirement will
allow scrutiny of individual applications for importation of live
caimans or eggs so as to prevent accidental introduction of these
exotic species into the United States, which may have detrimental
effects on U.S. native wildlife or ecosystems. Reexportation from the
United States of caiman skins, other parts, and products will continue
to require CITES documents. We find that it is not necessary or
advisable for the conservation of the broad-snouted caiman to regulate
interstate or foreign commerce of this species.
In addition, Argentina must continue to effectively implement the
CITES Resolution on a universal tagging system for the identification
of crocodile skins and must have adequate national legislation for the
implementation of CITES. The special rule would also allow trade in
broad-snouted caiman parts and products through intermediary countries
only if the countries involved are effectively implementing CITES. Both
the country of origin and intermediary countries must be effectively
implementing the CITES Universal Tagging System Resolution. The intent
of this special rule is to enhance the conservation of the broad-
snouted caiman in Argentina, which is properly managing its broad-
snouted caiman populations. By gaining access to commercial markets in
the United States for broad-snouted caiman products, Argentina will be
encouraged to continue its sustainable-use management programs. These
programs require annual surveys of wild populations to ensure
biological sustainability in participating provinces and reintroduction
of ranched offspring to the wild. The programs also provide an economic
incentive for local people to protect and expand broad-snouted caiman
habitat.
Effects of This Rule
This rule, if made final, would revise 50 CFR 17.11(h) to
reclassify the broad-snouted caiman in Argentina as threatened in the
List of Endangered and Threatened Wildlife. This rule, if adopted,
would also establish a special rule for the broad-snouted caiman in
Argentina, which would allow the importation into the United States of
skins and other parts and products from Argentina. This rule would also
allow the import of specimens originally from Argentina reexported by
other countries, if certain conditions are met by those countries prior
to exportation to the United States. These conditions pertain to the
implementation of a CITES Resolution on a universal tagging system for
the identification of crocodile skins as well as provisions intended to
support appropriate management for sustainable use of wild populations
of C. latirostris. Thus, for specimens that do not qualify under the
provisions of the special rule, prohibited activities requiring a
permit under 50 CFR 17.32 would still include take; export or reimport;
delivery, receipt, carrying, transport or shipment in interstate or
foreign commerce, in the course of a commercial activity; or sale or
offering for sale in interstate or foreign commerce live animals, eggs,
or gametes. In addition, changing the species' status under the Act
will not decrease the level of protection provided by CITES.
Consistent with the requirements of sections 3(3) and 4(d) of the
Act, as described above, this proposed rule contains a special rule to
amend 50 CFR part 17.42(c) to allow commercial importation and
reexportation, under certain conditions, of whole and partial skins,
other parts, and products from broad-snouted caiman from Argentina
without a threatened species import permit otherwise required by 50 CFR
part 17, if all requirements of the special rule and 50 CFR parts 13
(General Permit Procedures), 14 (Importation, Exportation, and
Transportation of Wildlife), and 23 (CITES) are met.
The reclassification of the broad-snouted caiman from Argentina to
threatened and the accompanying special rule allowing commercial trade
into the United States without threatened species import permits does
not end protection for this species, which remains listed in Appendix
II of CITES. To the contrary, the special rule complements the CITES
universal tagging resolution. A benefit of this special rule is that it
would reconcile the Act's requirements for the importation and
exportation of Argentine broad-snouted caiman parts and products
shipments into and from the United States with CITES requirements.
[[Page 695]]
In summary, this special rule would prohibit the importation,
exportation, and reexportation of specimens (skins, other parts, or
products) of broad-snouted caiman originating from Argentina or
imported from a country of manufacture or reexport unless the following
conditions are met:
(1) Each Argentine broad-snouted caiman skin or part imported,
exported, or reexported must be tagged or labeled in accordance with
the CITES Resolution on a universal tagging system for the
identification of crocodile skins. This does not apply to meat, skulls,
scientific specimens, or products, or to the noncommercial import,
export, or reexport of personal effects in accompanying baggage or
household effects.
(2) Any countries reexporting Argentine broad-snouted caiman skins
or parts must have implemented an administrative system for the
effective matching of imports and reexports.
(3) Argentina and any intermediary country(s) must be effectively
implementing CITES as described above. If we receive persuasive
information from the CITES Secretariat or other reliable sources that a
specific country is not effectively implementing CITES, we will
prohibit or restrict imports from such country(s) as appropriate for
the conservation of the species.
In a limited number of situations in which the original tags from
the country of export have been lost in processing the skins, we will
allow whole skins, flanks, and chalecos into the United States if
CITES-approved reexport tags have been attached in the same manner as
the original tags and proper reexport certificates accompany the
shipment. If a shipment contains more than 25 percent replacement tags,
the U.S. Management Authority will consult with the Management
Authority of the reexporting country before clearing the shipment. Such
shipments may be seized if we determine that the requirements of the
Convention have not been met.
Finally, this special rule would not cover the importation of
viable caiman eggs, gametes, or live caimans into the United States.
Importation of these specimens would require a threatened species
import permit and the appropriate CITES permit or certificate. This
requirement would allow scrutiny of individual applications for
importation of live caimans, eggs, or gametes so as to prevent
accidental introduction of this exotic species into the United States,
which may have detrimental effects on U.S. native wildlife or
ecosystems. Reexportation from the United States of caiman skins, other
parts, and products will continue to require CITES documents.
Interstate commerce within the United States in legally imported caiman
skins, other parts, and products would not require U.S. threatened
species permits.
This special rule would allow trade through intermediary countries.
Countries are not considered as intermediary countries or countries of
reexport if the specimens remain in Customs control while transiting or
being transshipped through the country, and provided those specimens
have not entered into the commerce of that country. However, the CITES
Resolution on a universal tagging system for the identification of
crocodile skins presupposes that countries of reexport have implemented
a system for monitoring skins.
Available Conservation Measures
Conservation measures provided to species listed as endangered or
threatened under the Act include recognition of conservation status,
requirements for Federal protection, and prohibitions against certain
practices. Recognition through listing encourages and results in
conservation actions by Federal, State, and private agencies and
groups, and individuals. The protection required of Federal agencies
and the prohibitions against take and harm are discussed, in part,
below.
Section 7(a) of the Act, as amended, and as implemented by
regulations at 50 CFR part 402, requires Federal agencies to evaluate
their actions that are to be conducted within the United States or upon
the high seas, with respect to any species that is proposed to be
listed or is listed as endangered or threatened and with respect to its
proposed or designated critical habitat, if any is being designated.
Because the broad-snouted caiman's range does not include the United
States, no critical habitat is being proposed for designation with this
rule. Regulations implementing the interagency cooperation provision of
the Act are codified at 50 CFR part 402. Section 7(a)(2) of the Act
requires Federal agencies to ensure that activities they authorize,
fund, or carry out are not likely to jeopardize the continued existence
of a listed species or to destroy or adversely modify its critical
habitat. If a proposed Federal action may affect a listed species, the
responsible Federal agency must enter into formal consultation with the
Service. Currently, with respect to broad-snouted caiman, no Federal
activities are known that would require consultation.
Section 8(a) of the Act authorizes the provision of limited
financial assistance for the development and management of programs
that the Secretary of the Interior determines to be necessary or useful
for the conservation of endangered or threatened species in foreign
countries. Sections 8(b) and 8(c) of the Act authorize the Secretary to
encourage conservation programs for foreign listed species, and to
provide assistance for such programs, in the form of personnel and the
training of personnel.
Section 9 of the Act and its implementing regulations at 50 CFR
part 17.31, set forth a series of general prohibitions and exceptions
that apply to all threatened wildlife. As such, these prohibitions are
applicable to the broad-snouted caiman. These prohibitions, 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 commerce in the course
of commercial activity; or sell or offer for sale in interstate or
foreign commerce any threatened 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 threatened wildlife species under certain circumstances.
Regulations governing such permits are codified at 50 CFR part 17.32.
Import into, export from, or reexport from the United States, as well
as other prohibitions, including movement in the course of a commercial
activity and sale in interstate or foreign commerce, of threatened
species and their parts and products, are currently prohibited under
the Act unless otherwise authorized. Authorizations for species listed
as threatened under the Act may be made for scientific purposes, to
enhance the propagation or survival of the species, for economic
hardship, for zoological exhibition, for educational purposes, for
incidental taking, or for other special purposes consistent with the
purposes of the Act.
Monitoring
We will continue to monitor the status of this species in
cooperation with the range countries.
[[Page 696]]
Peer Review
In accordance with our joint peer review policy with the National
Marine Fisheries Service, ``Notice of Interagency Cooperative Policy
for Peer Review in Endangered Species Act Activities,'' that published
in the Federal Register on July 1, 1994 (59 FR 34270), and the Office
of Management and Budget's Final Information Quality Bulletin for Peer
Review, dated December 16, 2004, we will seek the expert opinions of at
least three appropriate independent specialists regarding the science
in this proposed rule. The purpose of peer review is to ensure that
listing, downlisting, and delisting decisions are based on
scientifically sound data, assumptions, and analyses. 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 conclusions in this proposed downlisting of
the Argentine population (DPS) of the broad-snouted caiman. We will
summarize the opinions of these reviewers in the final decision
document, and we will consider their input and any additional
information we received as part of our process of making a final
decision on this proposal. Such communication may lead to a final
decision that differs from this proposal.
References Cited
A complete list of the references used to develop this proposed
rule is available upon request from the Endangered Species Program in
our Headquarters office (see FOR FURTHER INFORMATION CONTACT).
Author
The primary author of this rule is Amy Brisendine, Branch of
Foreign Species, Endangered Species Program, U.S. Fish and Wildlife
Service, 4401 North Fairfax Drive, Suite 400, Arlington, Virginia
22203.
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, Transportation.
Proposed Regulation Promulgation
For the reasons described in the preamble, we propose to amend part
17, subchapter B of chapter I, title 50 of the Code of Federal
Regulations, as follows:
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. In Sec. 17.11(h), the List of Endangered and Threatened
Wildlife, revise the entries for ``Caiman, broad-snouted,'' ``Caiman,
brown,'' ``Caiman, common,'' and ``Caiman, yacare'' under REPTILES to
read as follows:
Sec. 17.11 Endangered and threatened wildlife.
* * * * *
(h) * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Species Vertebrate
-------------------------------------------------------- population where When Critical Special
Historic range endangered or Status listed habitat rules
Common name Scientific name threatened
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Reptiles
* * * * * * *
Caiman, broad-snouted............ Caiman latirostris.. Argentina, Bolivia, Bolivia, Brazil, E 15 NA NA
Brazil, Paraguay, Paraguay, Uruguay.
Uruguay.
Caiman, broad-snouted............ Caiman latirostris.. Argentina, Bolivia, Argentina........... T 790 NA 17.42(c)
Brazil, Paraguay,
Uruguay.
Caiman, brown.................... Caiman crocodilus Mexico, Central Entire.............. T(S/A) 695 NA 17.42(c)
fuscus (includes America, Colombia,
Caiman crocodilus Ecuador, Venezuela,
chiapasius ). Peru.
Caiman, common................... Caiman crocodilus Bolivia, Brazil, Entire.............. T(S/A) 695 NA 17.42(c)
crocodilus. Colombia, Ecuador,
French Guiana,
Guyana, Peru,
Suriname, Venezuela.
Caiman, yacare................... Caiman yacare....... Argentina, Bolivia, Entire.............. T(S/A) 695 NA 17.42(c)
Brazil, Paraguay.
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 697]]
3. Amend Sec. 17.42 by revising paragraph (c)(1)(i) to read as
follows:
Sec. 17.42 Special rules--reptiles.
* * * * *
(c) * * *
(1) * * *
(i) Threatened crocodilian means any live or dead specimen of the
following species:
(A) Broad-snouted caiman (Caiman latirostris) originating in
Argentina;
(B) Brown caiman (Caiman crocodilus fuscus, including Caiman
crocodilus chiapasius);
(C) Common caiman (Caiman crocodilus crocodilus);
(D) Yacare caiman (Caiman yacare);
(E) Nile crocodile (Crocodylus niloticus); and
(F) Saltwater crocodile (Crocodylus porosus) originating in
Australia (also referred to as Australian saltwater crocodile).
* * * * *
Dated: December 16, 2011.
Gregory E. Siekaniec,
Acting Director, Fish and Wildlife Service.
[FR Doc. 2011-33602 Filed 1-4-12; 8:45 am]
BILLING CODE 4310-55-P