[Federal Register Volume 80, Number 145 (Wednesday, July 29, 2015)]
[Rules and Regulations]
[Pages 45086-45097]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-18602]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R9-ES-2009-0094; 450 003 0115]
RIN 1018-AY64


Endangered and Threatened Wildlife and Plants; Listing the 
Honduran Emerald Hummingbird (Amazilia luciae)

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), are listing 
the Honduran emerald hummingbird (Amazilia luciae) as endangered under 
the Endangered Species Act of 1973, as amended (Act). This species is 
endemic to Honduras, and the population is estimated to be between 
5,000 and 10,000 breeding pairs. Its suitable habitat has decreased 
significantly in the past 100 years; habitat degradation, 
fragmentation, and loss have been identified as the primary threats to 
the continued survival of this species.

DATES: This final rule is effective August 28, 2015.

FOR FURTHER INFORMATION CONTACT: Janine Van Norman, Chief, Branch of

[[Page 45087]]

Foreign Species, Ecological Services Program, U.S. Fish and Wildlife 
Service, 4401 North Fairfax Drive, Room 420, Arlington, VA 22203; 
telephone 703-358-2171. If you use a telecommunications device for the 
deaf (TDD), call the Federal Information Relay Service (FIRS) at 800-
877-8339.

SUPPLEMENTARY INFORMATION: 

Executive Summary

I. Purpose of the Regulatory Action

    We are listing the Honduran emerald hummingbird as endangered under 
the Endangered Species Act (ESA or Act) (16 U.S.C. 1531 et seq.) as 
habitat degradation, fragmentation, and loss have been identified as 
primary threats to the continued survival of this species.

II. Major Provisions of the Regulatory Action

    This action lists the Honduran emerald hummingbird as endangered on 
the List of Endangered and Threatened Wildlife at 50 CFR 17.11(h).

Background

    The ESA was passed to prevent extinction of species by providing 
measures to help alleviate the loss of species and their habitats. 
Before a plant or animal species can receive the protection provided by 
the ESA, it must first be added to one of the Federal Lists of 
Endangered and Threatened Wildlife and Plants. Section 4 of the ESA and 
its implementing regulations at part 424 of title 50 of the Code of 
Federal Regulations (CFR) set forth the procedures for adding species 
to these lists.

Previous Federal Actions

    On June 23, 2010, we published a 90-day finding (75 FR 35746) on 
the petition announcing that we would initiate a status review to 
determine if listing this species is warranted. On January 2, 2013, we 
published a 12-month finding and proposed rule (78 FR 59) to list this 
species as endangered under the Act.

Summary of Comments

    We base this final rule on a review of the best scientific and 
commercial information available, including all information we received 
during the public comment period. In the January 2, 2013, proposed rule 
(78 FR 59), we requested that all interested parties submit information 
that might contribute to development of a final rule. The public 
comment period was open for 60 days, ending March 4, 2013. We also 
contacted appropriate scientific experts and organizations, and invited 
them to comment on the proposed listing in accordance with our peer 
review policy, described in the section below. We received five (5) 
comments during the comment period including two from peer reviewers, 
one comment from the Petitioner, one comment containing three reports, 
and one non-substantial comment. These comments are available at http://www.regulations.gov in Docket No. FWS-R9-ES-2009-0094. The information 
in the comments provided updated life history information about the 
species, documented where this species has been recently observed, and 
provided an updated population estimate (5,000-10,000 breeding pairs). 
This information is described in the Summary of Changes from Proposed 
Rule section below as well as incorporated into the rule.

Peer Review

    In accordance with our policy, ``Notice of Interagency Cooperative 
Policy for Peer Review in Endangered Species Act Activities,'' that was 
published on July 1, 1994 (59 FR 34270), we sought the expert opinion 
of three appropriate independent specialists regarding this rule. The 
purpose of such review is to ensure listing decisions are based on 
scientifically sound data, assumptions, and analysis. We sent copies of 
the proposed rule to the peer reviewers immediately following 
publication in the Federal Register. We invited these peer reviewers to 
comment, during the public comment period, on the specific assumptions 
and the data that were the basis for our conclusions regarding the 
proposal to list this species as endangered under the Act. We received 
comments from two peer reviewers.
    We reviewed all comments we received for substantive issues and new 
information regarding the proposed listing of this species; we address 
those comments in the section that follows. Comments that provided 
support or opposition without substantive information were noted, but 
not addressed in this final rule.

Summary of Changes From Proposed Rule

    This final rule incorporates the comments we received on our 
proposed listing and newly available scientific and commercial 
information. Peer reviewers generally commented that the proposed rule 
was thorough and comprehensive. New reports relevant to the Honduran 
emerald hummingbird and its habitat were submitted during the comment 
period. Two resources were provided which provided new population 
estimates. The estimated number of Honduran emerald hummingbirds in one 
study (INGTELSIG 2013) was estimated to be larger than other estimates; 
however, there were several aspects of the methodology, assumptions, 
and study design that were questioned by other scientists to the extent 
that we did not have confidence in the population estimate provided in 
the study (Anderson et al. 2013, pp. 9-14). The second resource 
provided the most significant change; based on recent surveys, the 
population of this species appears to be greater than was previously 
believed. At the time our proposed rule published, the most current 
population estimate was 200-1,000 individuals; new information provided 
during the public comment period indicates that the population of the 
Honduran emerald hummingbird is likely between 5,000 to 10,000 pairs 
(Anderson et al. 2013, p. 10). The new information is incorporated into 
this final listing determination. There are very few individuals 
studying and working closely with this species, and future studies are 
needed to obtain more precise estimates of the Honduran emerald 
hummingbird population. Our determinations were based on the best 
available scientific and commercial information. None of the 
information obtained during the comment period changed our final 
listing determination. A list of literature used in finalizing this 
determination and comments we received are available at http://www.regulations.gov under Docket No. FWS-R9-ES-2009-0094.

Species Information

Taxonomy

    This hummingbird species was first taxonomically described by 
Lawrence in 1867, and placed in the Trochilidae family as Amazilia 
luciae (BLI 2013, p. 1; Sibley and Monroe 1993, 1990). Common names for 
the species include Honduran emerald hummingbird, Ariane De Lucy 
(French), and in Honduras it is commonly known as the colibr[iacute] 
esmeralda Hondure[ntilde]o (Spanish). BLI and the Convention on 
International Trade in Endangered Species of Wild Fauna and Flora 
(CITES) both recognize the species as Amazilia luciae (BLI 2008, p. 1). 
We recognize this species as Amazilia luciae, which also follows the 
Integrated Taxonomic Information System (ITIS 2013). ITIS is a database 
maintained by a partnership of U.S., Canadian, and Mexican federal 
government agencies, other organizations, and taxonomic specialists to 
provide taxonomic information.

[[Page 45088]]

Description

    The Honduran emerald hummingbird is one of more than 325 
hummingbird species. Hummingbirds exhibit a wide range of flight-
related morphology and behavior based on ecological factors (Altshuler 
and Dudley 2002, p. 2,325). As do all hummingbirds, the Honduran 
emerald hummingbird exhibits slight sexual dimorphism (physical 
differences between the females and males), which is demonstrated in 
the coloring of its plumage. This species is a medium-sized hummingbird 
with an average length of 9.5 centimeters (3.7 inches) (BLI 2008, p. 
2). The male has an iridescent blue-green throat and upper chest and 
occasionally has a grey mottled coloring. Its back is an emerald green 
color, the ventral (underneath) side of the bird is pale grey with 
mottled green sides, and the tail is bright green with a bronze hint on 
the upper tail coverts (BLI 2008, p. 1). The plumage of the female is 
less brilliant (BLI 2008, p. 2). The tail of the female contains a grey 
tip, and the band of distinctive color on the throat of the female 
hummingbird is narrower, with pale edges (BLI 2008, p. 2; Monroe 1968, 
p. 183). Juveniles have grayish throats spotted with turquoise (BLI 
2008, p. 2).
    Hummingbird bills vary among species and are adapted for 
specialized feeding. The bill of the Honduran emerald hummingbird is 
black and slightly curved with a red mandible and dark tip and is 
slightly longer and more decurved (downward curving) bill than the 
closely related species A. candida (Monroe 1968, p. 182). The curvature 
of its bill is associated with foraging for nectar in plant species 
within its habitat (Gill 1987, p. 780).

Biology

    The Honduran emerald hummingbird historically has preferred arid 
interior valleys of thorn forest and shrubs. The Agu[aacute]n River 
Valley area rarely receives more than 76 centimeters (30 inches) of 
rain per year (Perez and Thorn 2012, pers. comm.; Gallardo 2010, http://www.birdsofhonduras.com). Due to the arid climate, many of the plant 
species are adapted to retain water and are succulents or contain 
spines as protection from herbivores. Many of the plants lose all their 
leaves in the dry season, and Honduran emerald hummingbird habitat may 
appear almost lifeless. Typical plants within its habitat include 
cacti, acacias, and other succulents. Three species of arborescent 
(tree-like) cacti have been associated with the Honduran emerald 
hummingbird's habitat: Pilosocereus maxonii, Stenocereus yunckeri 
(endemic), and Opuntia hondurensis (endemic) (House 2004, p. 15). The 
flowering of Opuntia hondurensis coincides with the nesting period of 
the Honduran emerald hummingbird (House 2004, p. 23). Large clusters of 
three species of orchids, Myrmecophila wendlandii, Laelia rubescens, 
and Encyclia nematocaulon, were found growing on cacti within the 
habitat (House 2004, p. 16). The trees and shrubs found in one study of 
its habitat were almost 100 percent deciduous (House 2004, p. 15). In 
larger, more mature trees, some bromeliads (when blooming are sources 
of nectar and energy) were found. Although epiphytes (plants that grow 
non-parasitically on another plant, such as a tree) are usually rare in 
this habitat type, some epiphytes are well adapted to the extremes of 
this environment.
    In Honduras, this habitat occurs primarily along the Gulf of 
Fonseca, in the Agalta Valley in the Olancho Department, and in the 
Agu[aacute]n Valley in the Yoro Department (for a map of the Honduran 
emerald populations, see our proposed rule, 78 FR 63). This species 
tends to be found in similar altitudes, although it has recently been 
observed at higher elevations (Germer 2013, pp. 1-2). Most of the 
hummingbird's occurrences have been noted at elevations between 150 and 
600 meters (492 and 1,968.5 feet (ft)) above sea level; however, other 
observations were recorded at 845 and 1,220 meters (2,772 and 4,003 ft) 
(Germer 2012; pp. 55-56; Sanchez et al. 2011, p. 69).
    The Honduran emerald hummingbird nests in March and April, and its 
nest has been observed in a Guayabillo tree (Eugenia lempana) (Espinal 
and Marineros 2008, p. 1). Its nests are made of cobwebs, lichens, and 
mosses, and it usually lays two eggs which hatch in 2\1/2\ weeks 
(Germer 2011, p. 52).
    Emerald hummingbirds are somewhat aggressive and territorial 
(Collar et al. 1992, p. 493; Howell and Webb 1989, p. 643), due to 
competition with other hummingbird species for resources. This species 
has been observed feeding at heights between 0.5 to 10 meters (2 to 32 
ft) (Howell and Webb 1989, p. 643). Some aspects of this species' 
behavior remain unclear, such as how far individuals disperse, what 
habitats are important for dispersal, and how the populations are 
linked genetically (Perez and Thorn 2012 pers. comm.; Anderson et al. 
2010, p. 7).
    As with all hummingbird species, the Honduran emerald hummingbird 
relies on nectar-producing flowers for food and energy, and relies on 
insects and spiders as sources of protein (Germer 2012, p. 2; Collar et 
al. 1992, p. 494). Thorn et al. (2000, p. 23) observed that habitat 
with abundant flowers, red in particular, appeared to be a critical 
characteristic for suitable habitat. Additionally, suitable habitat 
requirements include similar ecological conditions such as access to 
nectar and insects, rainfall, humidity and temperature. During one 
field study in Santa Barbara, Honduran emerald hummingbirds were 
observed hunting arthropods about 50 percent of their time (Stiles 
1985).
    Hummingbirds are known to ``disperse'' rather than ``migrate'' in 
the sense that they do not follow routine, standard, round-trip 
movements; they follow sources of food availability (Berthold et al. 
2003, pp. 40-41). Hummingbirds are the most specialized nectar-feeding 
birds in the New World (Graham et al. 2009, p. 19,673). Hummingbirds 
quickly shift to the best available sources of nectar; their choice of 
habitat may change concurrent with loss of their preferred food sources 
(Gill 1987, p. 785; Montgomerie et al. 1984). When a hummingbird's 
habitat does not provide its required resources, research indicates 
that they tend to abandon a territory and move to more productive areas 
(Feinsinger and Colwell 1978; Kodric-Brown and Brown 1978 in Justino et 
al. 2012, p. 194). Emerald hummingbirds are habitat generalists in the 
sense that they do not rely exclusively on a single species of plant 
for nourishment; rather, they utilize a wide variety of nectar-
producing plants to meet their nutritional requirements (Graham et al. 
2009, p. 19,675). Helicteres guazumaefolia, which produces nectar all 
year (as opposed to seasonally), was observed to be a preferred food 
source for the Honduran emerald hummingbird in Santa Barbara (Komar et 
al. 2013, pp. 25-26). This species has been observed actively foraging 
mid-morning, concurrent with the time during the day when nectar is 
most plentiful. For example, energy present in Heliconia stilesii 
flowers averaged 200 to 300 joules per flower in the early morning and 
300 to 500 joules per flower by midmorning (Gill 1987, pp. 781-782).
    Germer (2011) found that during the dry season, the Honduran 
emerald hummingbird can be found in gallery forests (forests that grow 
in corridors along wetlands or rivers, projecting into sparsely treed 
areas), or near bodies of water where humidity and abundance of small 
arthropods is greater. Its use of these areas is believed to reduce its 
metabolic cost and escape heat during the driest seasons (pp. 52-53). 
High variability between detections was observed, which could imply 
that the

[[Page 45089]]

species is not evenly distributed across the available habitat (Germer 
2011, pp. 52-53); it may move seasonally in search of food sources.
    In Yoro, the Honduran emerald hummingbird uses the species 
Pedilanthus camporum, which produces flowers year-round, and Nopalea 
hondurensis, which flowers generally between February and April, 90 
percent of the time observed. In the Coyoles area in the Agu[aacute]n 
Valley, the thorn forest is primarily comprised of Mimosaceae 
(herbaceous and woody species), Cactaceae (cactus species), and 
Euphorbiaceae (herbs, shrubs, trees, and some succulent species) 
(Collar et al. 1992, p. 494). In western Honduras, 90 percent of 
foraging observations were on Aphelandra scabra and Helicteres 
guazaumifolia. A list of plant species utilized by Honduran emerald 
hummingbirds is available in our proposed rule, 78 FR 63.

Population

    In our proposed rule (78 FR 59), we noted that several attempts 
have been made to estimate the population status of the Honduran 
emerald. In 2007, the total population was estimated to be between 200 
and 1,000 individuals (Anderson et al. 2007, p. 1). At the time of the 
publication of our proposed rule, the best estimate suggested a 
population of approximately 200-1000 individuals (BLI 2012, 
unpaginated; Perez and Thorn pers. comm. 2012).
    During the public comment period, we received additional 
information indicating that the total population estimate for Honduran 
emerald may be higher than previously believed. One study, published in 
2013, suggested that the population of Honduran emerald hummingbirds 
was significantly larger, estimated to be between 50,000 and 106,000 
individuals (INGTELSIG 2013). We find this to be an overestimate due to 
several erroneous assumptions in the study design and sampling 
methodology, which were described in Anderson et al. (2013, pp. 10-12). 
More recent studies and research suggests that there are between 5,000 
and 10,000 breeding pairs spread across seven separate populations 
(Anderson et al. 2013, p. 2). Table 1 provides the current population 
estimate for each of the populations based upon the best available 
scientific and commercial information submitted by researchers working 
with the species.

                 Table 1--Population Estimates by Valley
                       [Anderson 2013, pp. 2, 14]
------------------------------------------------------------------------
                                      Location of         Population
       Honduran department            population           estimate
------------------------------------------------------------------------
Santa Barbara Department........  Tencoa Valley.....  2,500-5,000
                                  Jicatuyo Valley...   breeding pairs.
                                  Quimist[aacute]n
                                   Valley.
Yoro Department.................  Agu[aacute]n        1,000-2,000
                                   Valley.             breeding pairs.
Olancho Department..............  Agalta Valley.....  1,000-2,000
                                  Telica Valley.....   breeding pairs.
                                  Guayape Valley      500-1,000 breeding
                                   (Valle de           pairs.
                                   Olancho).          Extirpated.
------------------------------------------------------------------------

Historic Distribution

    The Honduran emerald hummingbird is the only known endemic bird 
species in Honduras (Anderson and Devenish 2009, p. 258; Portillo 2007, 
p. 17; Thorn et al. 2000, p. 3; Collar et al. 1992, p. 493; Monroe 
1968, p. 182). Based on specimen data, the species was originally known 
to occur in four departments (which are similar to ``states'' in the 
United States): Cort[eacute]s and Santa Barbara in the west and Yoro 
and Olancho in the northeast. The Honduran emerald hummingbird was 
likely a forest inhabitant and described as locally common (Howell 
1989, p. 642). The locations and dates where this species has been 
documented are as follows:
     Catacamas, Olancho (1937 and 1991) (Howell and Webb 1992, 
pp. 46-47; Monroe 1968, p. 182).
     Cofrad[iacute]a, Cortes (1933) (Monroe 1968, p. 182).
     Coyoles, Yoro (1948 and 1950) (Monroe 1968, p. 182).
     El Boquer[oacute]n, Olancho (recorded September 1937) 
(Monroe 1968, p. 182).
     Olanchito, Yoro (1988) (Howell and Webb 1989, pp. 642-
643).
     Santa B[aacute]rbara, Santa B[aacute]rbara (1935) (Monroe 
1968, p. 182).
    Between 1950 and 1988 there were no recorded observations of the 
Honduran emerald hummingbird. In 1988, the species was described as 
common in Olanchito and Coyoles, which are located 16 km (9 miles) 
apart (BLI 2008, p. 2). In 1991, between 22 and 28 individuals were 
found in a patch of habitat measuring 500 by 50 meters (1,640 x 164 ft) 
near Olanchito (Howell and Webb 1992, pp. 46-47). In 1996, the bird was 
found in the Agalta Valley on less than 1 km\2\ (247 acres or .39 
square miles (mi\2\)) of suitable habitat (BLI 2008, p. 3).

Current Distribution

    Prior to its 1988 rediscovery in Olanchito and Coyoles, it was 
thought that habitat loss had restricted the Honduran emerald 
hummingbird to isolated patches of arid thorn-forest and scrub of the 
interior valleys of northern Honduras. Between 2007 and 2013, this 
species was documented in seven valleys in Honduras (Anderson et al. 
2013, p. 2; Germer 2012, pp. 52-60; Anderson 2010, p. 4) (see Fig. 1). 
In the Tencoa Valley (Santa Barbara), researchers found individuals in 
five habitat patches, each separated by at least 5 km (3 miles). These 
habitat fragments were between 5 and 60 hectares (ha) (12 and 148 
acres) each. It is estimated that the population in the Santa Barbara 
Department is approximately 200 km (124 miles) west of the nearest 
known population in the Agu[aacute]n Valley (Anderson 2010, p. 5). The 
Honduran emerald hummingbird density within the Santa Barbara 
Department has been estimated to be between 76 and 167 individuals per 
km\2\ (29-64 mi\2\) (Sanchez et al. 2011, p. 5), but its density varies 
based on food availability. BLI reports that its range is 400 km\2\ 
(154 mi\2\). However, local experts believe its actual extent of 
occurrence may be closer to 150 km\2\ (58 mi\2\) (Perez and Thorn pers. 
comm. 2012). Observations of the Honduran emerald hummingbird have been 
recently reported in western Honduras in the Quimist[aacute]n Valley 
(in the R[iacute]o Chamelec[oacute]n watershed) and Tencoa Valley 
(R[iacute]o Ul[uacute]a watershed), in the Santa Barbara Department 
where it had not been recorded since 1935. The westernmost occurrence 
of the species is in the Oro River Valley, near Sula in the 
municipality of Macuelizo. The northernmost site is in the Valley of 
Azacualpa, also in the municipality of Macuelizo.

[[Page 45090]]

Agalta Valley (Olancho Department)
    In 2007, this species was observed in the Agalta Valley and in the 
Telica Valley, both in the Olancho Department (Anderson and Hyman 2007, 
p. 6). The Agalta Valley is described as a remote region in the 
mountains of eastern Honduras containing over 1,000,000 ha (2,471,054 
acres) of land characterized as dry basin. Here, the Honduran emerald 
hummingbird's habitat primarily is on large, privately owned cattle 
ranches that have restricted access (Anderson et al. 2010, p. 3). The 
species has been known to occur in this valley since the mid-1990s 
(Anderson et al. 1998, p. 181). Although this species exists in the 
Agalta Valley, very little information regarding the factors affecting 
this species in this area are known. Reports indicate that areas that 
contain suitable habitat characteristics for the Honduran emerald 
hummingbird are being cleared for rice cultivation (Hyman 2012, pers. 
comm.; Bonta 2011, pers. comm.). Several of the remaining habitat 
patches are connected by narrow corridors of habitat along property 
lines and waterways, but most of the patches of remaining habitat are 
``islands'' within cattle pasture, which comprises approximately 90 
percent of the Valley's area (Bonta 2011, pers. comm.).
Agu[aacute]n Valley (Yoro Department)
    This hummingbird species is known in the Agu[aacute]n Valley, Yoro 
Department, in the areas of Olanchito and Coyoles, and is reported as 
relatively common, but only within its remaining suitable habitat 
(Gallardo 2010, p. 186; Thorn et al. 2000, pp. 22-23). This species has 
also been observed in New Valle del Rio de Oro, Valle de Azacualpa, and 
Rio Jicatuyo in the vicinity of San Luis. The Honduran emerald 
hummingbird's habitat formerly encompassed a large extent of the 
Agu[aacute]n Valley, a once pristine plain of nearly 4,662 km\2\ (1,800 
mi\2\). Ninety percent of its original habitat no longer exists in its 
original form due to the conversion of its habitat to banana 
plantations and cattle pasture. Much of the Honduran emerald 
hummingbird's habitat is on privately owned land and is often planted 
with nonnative grasses for cattle grazing (Perez and Thorn 2012, pers. 
comm.; Anderson pers. comm. 2008 in Petition 2008, p. 11). In some 
cases, it is planted with invasive grass species (http://www.birdlist.org/cam/honduras/hn_ecosystems.htm, accessed May 22, 
2012). Today, due to decades of unregulated and expanding cattle 
ranching, the hummingbird's dry forest range is limited to a few small, 
isolated islands of habitat. Its increasingly smaller ecosystems are 
surrounded by human-dominated landscapes. One estimate indicated that 
between 2,428 and 3,237 ha (6,000-8,000 acres) of suitable habitat 
remains in the Agu[aacute]n Valley, most of which is privately owned 
(Gallardo 2010, p. 186); however, other estimates indicate that the 
species has even less suitable habitat available than the above 
estimate (Perez and Thorn 2012 pers. comm.).
    The lands along the Agu[aacute]n River have periodically been 
devastated by banana diseases, floods, and hurricanes, particularly 
Hurricane Fifi in 1974 and Hurricane Mitch in 1998 (NOAA 2012, p. 2; 
Winograd 2006; USGS 2002, p. 5). This valley is on the south side of 
the Nombre de Dios Mountain Range, primarily in the Yoro Department 
(Gallardo 2010, p. 185). The Agu[aacute]n River Watershed is 10,546 
km\2\ (4,072 mi\2\ or 2,605,973 acres), is delimited by the tributaries 
of the Agu[aacute]n River, and extends across the departments of Yoro, 
Colon, Atl[aacute]ntida, and Olancho (WWF 2008, p. 12; see Map 5, Map 
of Honduras, Agu[aacute]n Valley at http://www.regulations.gov under 
Docket No. FWS-R9-ES-2009-0094). This valley experiences a unique 
microclimate in which most of the rain falls between June and November 
(Gallardo 2010, p. 185). The land in the Agu[aacute]n Valley is rich 
and fertile, and therefore, highly likely to be converted into 
agricultural lands fields, particularly in a country with a high 
poverty index that relies strongly on its land for agriculture (WWF 
2008, p. 2).
Western Honduras
    In 2000, a survey was conducted for the Honduran emerald 
hummingbird and concluded that it occurs in dry tropical forest 
(Anderson and Hyman 2007, pp. 1-4; Thorn et al. 2000, pp. 1-5). Upon 
the recent rediscovery of the species in western Honduras, researchers 
determined that the species was also residing in areas with different 
ecological characteristics (Anderson et al. 2010). Sites occupied by 
the Honduran emerald hummingbird in western Honduras are best described 
as semi-deciduous woodland, a habitat that has not previously been 
associated with the species. Canopy height in this area averages 15 
meters (49 ft), dominated by semi-deciduous broad-leaved tree species, 
principally Eugenia oerstediana, Bursera simaruba, and Tabebuia rosea, 
that form a relatively closed tree canopy. Common understory species 
are Agave parvidentata, Tillandsia fasciculata, Bromelia pinguin, 
Bromelia plumieri, and Acanthocereus pentagonus (Anderson 2010, p. 5). 
According to Komar et al. 2013, this species has been observed 
utilizing four habitats (dry forest, dry scrubland, wooded pasture, and 
lowland pine/oak forest).

Conservation Status

    The Honduran emerald hummingbird is listed as endangered by the 
IUCN (2012). The category of this species was reclassified as 
endangered from critically endangered following its recent discovery in 
the western part of Honduras, which increased its known range (BLI 
2012, pp. 1-2). Its IUCN classification is based on its very small and 
severely fragmented range and population. However, this status under 
IUCN conveys no actual protections to the species. The Honduran emerald 
hummingbird has been listed in Appendix II of CITES since October 22, 
1987, at which time all hummingbird species not previously listed in 
the Appendices were listed in Appendix II. Honduras and the United 
States are both Parties to CITES, an international treaty among 180 
nations through which member countries, called Parties, work together 
to ensure that international trade in CITES-listed animals and plants 
is not detrimental to the survival of wild populations. This goal is 
achieved by regulating import, export, and re-export of CITES-listed 
animal and plant species and their parts and products through a 
permitting system (http://www.cites.org). Appendix II includes species 
which 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; and other species which must be subject to regulation in 
order that trade in specimens of certain species threatened with 
extinction which are or may be affected by trade may be brought under 
effective control (CITES Article II(2)). International trade in 
specimens of Appendix II species may be authorized through a system of 
permits or certificates under certain circumstances, and must be in 
accordance with CITES Article IV. For example, export may only be 
authorized when: (1) The CITES Scientific Authority of the country of 
export has determined that the export will not be detrimental to the 
survival of the species; (2) the CITES Management Authority of the 
country of export has determined that the specimens to be exported were 
legally acquired; and (3) the CITES Management Authority of the country 
of export has determined that any living specimen will be so prepared 
and shipped as to minimize the risk of injury, damage to health or 
cruel

[[Page 45091]]

treatment (CITES Article IV(2)). In the United States, CITES is 
implemented through the Act and implementing regulations at 50 CFR part 
23.

Factors Affecting the Species

Introduction

    The most serious threat affecting this species is the continued 
degradation and fragmentation of existing habitat, and the complete 
loss of habitat (estimated to be 90 percent) over the past 100 years 
due to land conversion from prime thorn forest habitat to banana 
plantations, agriculture, and cattle pastures (Komar et al. 2013, p. 
28; Perez and Thorn 2012, pers. comm.). Studies published in 2013 
indicate that in Santa Barbara, the area that contains the most 
suitable habitat for the Honduran emerald hummingbird, agriculture, 
cattle grazing, coffee cultivation, mining, dam construction, and fires 
are the primary factors contributing to the degradation, fragmentation 
and loss of habitat (Komar et al. 2013, p. 37; Anderson et al. 2013, 
pp. 1-3). This loss of habitat interacts with the ecologically 
deleterious factors associated with palm oil production, land 
ownership, pesticides and fertilizers, roads, hydroelectric and 
development projects, international trade, disease and predation, small 
and declining populations, and other factors in affecting the Honduran 
emerald hummingbird's habitat. These factors are discussed in detail 
below.

Habitat Degradation and Fragmentation

    Honduras has been steadily losing thorn forest cover, particularly 
since the early 1960s, mostly due to the conversion of thorn forest 
areas to agricultural areas, such as cattle pastures and coffee, bean, 
corn, and banana plantations (World Wildlife Fund 2008, p. 11; Anderson 
pers. comm. 2008 in Petition 2008, p. 11; Portillo 2007, p. 75). In 
Yoro, there are only four large patches of suitable habitat for this 
species remaining (Perez and Thorn 2012, pers. comm.; Anderson 2010). 
The four largest fragments are between 360 and 476 ha (890 and 1,176 
acres), for a combined total of 1,704 ha (4,210 acres) (Anderson 2010, 
p. 6). In the Agu[aacute]n Valley, as of 2000, suitable habitat for the 
Honduran emerald had reduced in size to an estimated 8,495 ha (20,991 
acres) from 16,000 ha (39,537 acres) in 1977, and 30,000 ha (74,132 
acres) in 1938 (Thorn et al. 2000, p. 25). Even with the rediscovery of 
the species in Santa Barbara and the extension of its range in Olancho, 
the species' habitat has been reduced due to habitat conversion to 
plantations and cattle ranches (see Fig. 1; Perez and Thorn pers. comm. 
2012). Due to habitat destruction/degradation rates in Santa Barbara, 
no suitable habitat for the Honduran emerald hummingbird may remain by 
the year 2025 (Anderson et al. 2013, p. 5).
    In the last ~100 years, the Agu[aacute]n region has experienced 
three periods of agricultural economic growth (WWF 2008, p. 11). Thorn 
forests were initially cleared in the Agu[aacute]n Valley to create 
banana and plantain plantations and rice farms, as well as pasture for 
cattle (Stattersfield and Capper 2000, p. 311). However, after an 
outbreak of Panama disease occurred in bananas, the Agu[aacute]n Valley 
was largely abandoned, and much of the land reverted to pasture or 
forest. As a result of the agricultural reforms of the 1960s and 1970s, 
Honduran campesinos (farmers) received farmland in the Agu[aacute]n 
Valley and proceeded to clear and develop the Valley that was 
previously forested into an agricultural region. In the late 1970s, 
lands were again cultivated with disease-resistant varieties of 
bananas. In the Agu[aacute]n Valley, 10,319 ha (25,500 ac) now consist 
of banana plantations in an area known as the Barisma farm (Dole 2011, 
p. 67). One of the best patches of optimal Honduran emerald hummingbird 
habitat in the Agu[aacute]n Valley has practically disappeared due to 
its proximity to a nearby town (Thorn 2012, pers. comm.). Now, only a 
single forest remnant larger than 100 ha (247 ac) that is suitable for 
this species is known to exist in this valley (Anderson 2010, p. 6). 
Habitat suitable for Honduran emerald hummingbirds continues to be 
cleared by private landowners in order to plant pasture grass for 
grazing cattle (Hyman 2012 pers. comm.).
    Several hummingbird species have persisted in fragmented tropical 
landscapes (Stouffer & Bierregaard 1995 in Hadley & Betts 2009, p. 
207). However, hummingbird persistence at the landscape scale does not 
indicate that the population is at the same level it was prior to 
deforestation (Hadley & Betts 2009, p. 207). Flight paths used by the 
green hermit hummingbird (Phaethornis guy) indicate that gaps in 
suitable habitat alter hummingbird movement pathways (Hadley 2012, p. 
48; Hadley & Betts 2009, p. 209). Due to the fragmentation of their 
habitat, Honduran emeralds and other hummingbird species are forced to 
expend more energy moving between suitable habitat patches to breed, 
feed, and nest; the flight of hummingbirds is one of the most 
energetically demanding forms of animal locomotion (Buermann et al. 
2011, p. 1,671). In agricultural landscapes, hummingbirds were observed 
traveling longer distances and took more circuitous routes than in 
forested landscapes. Overall, movement paths were strongly linked to 
areas that contained higher forest cover (Hadley & Betts 2009, p. 209).
    Nectar is the primary source of carbohydrates for hummingbirds, and 
insects or pollen is the primary sources of protein for hummingbirds 
(Ara[uacute]jo et al. 2011, p. 827; Hegland et al. 2009, p. 188). 
Although studies of nutritional requirements have been conducted with 
respect to other hummingbird species, the home range required to 
support the breeding, feeding, and nesting requirements for each pair 
of Honduran emerald hummingbirds is unknown. Hadley noted in 2012 that 
plant densities, flower abundance, and flower quality (e.g., number of 
inflorescences, display size) can all be affected by landscape 
configuration such as edge effects (changes in population or community 
structures occurring at the boundaries of two habitats) due to factors 
such as light and humidity levels; therefore, hummingbird foraging 
behavior is likely sensitive to fragmentation (Hadley 2012, pp. 23-35). 
Efforts by Pico Bonito National Park Foundation (Fundaci[oacute]n 
Parque Nacional Pico Bonito (FUPNAPIB)) and others have attempted to 
preserve important parts of this species' habitat; however, even the 
areas designated as protected are experiencing habitat degradation 
(Hyman 2013, pp. 1-2).

Land Ownership

    Because approximately 84 percent of the Honduran emerald's suitable 
habitat is privately owned, it is difficult to provide protections to 
this species (Steiner 2012 pers. comm.; FAO 2010, p. 238). In many 
cases, the only sites in Honduras that have maintained a viable 
ecosystem in somewhat of a natural state are places with irregular 
topography. Subsequently, these areas have become protected or private 
nature reserves (Portillo 2007, p. 75). Much of this species' original 
habitat, thorn forest, has been cleared for housing, towns, 
agriculture, and cattle grazing (Stattersfield and Capper 2000, p. 311; 
Thorn et al. 2000, p. 4). This species' remaining habitat in the 
Agu[aacute]n Valley (Yoro Department) and Agalta Valley (Olancho 
Department) is primarily privately owned as large haciendas 
(plantations or farms), where cattle grazing, clearing for cattle, and 
plantation agriculture continues to occur (Stattersfield and Capper 
2000, p. 311). In the lower river valley, agricultural cooperatives are 
raising

[[Page 45092]]

citrus fruits, corn (maize), rice, and African palm for oil (WWF 2008, 
p. 12). Because most of this species' habitat is unprotected, the 
species is likely to continue to experience habitat degradation through 
conversion of its habitat to other uses such as cattle grazing and 
agricultural plantations.

Palm Oil Production

    Although palm oil plantations in the Agu[aacute]n River Basin have 
not been directly implicated as the cause of Honduran emerald habitat 
loss, palm oil plantations have replaced pasture lands that were left 
behind after the banana plantations diminished from their initial 
success during the first part of the 20th century (WWF 2008, p. 30). 
The palm oil production in the Agu[aacute]n River Basin is concentrated 
between Sava and Tumbaderos (WWF 2008, p. 17) and covers 28,082 ha 
(69,392 ac.). The area includes plantations, processing plants, 
nurseries, palm oil collecting sites, and other infrastructure. 
Honduras' palm oil industry exported over $21 million U.S. dollars' 
worth of palm oil in 2004, and Honduras is expected to increase its 
production of palm oil for biofuel (Silvestri 2008, pp. ii-iii). Other 
countries are encouraging Honduras to increase production of palm oil, 
which would likely affect the Agu[aacute]n River Basin (Silvestri 2008, 
pp. 47; WWF 2008, pp. 37-38). These changes in land use have had an 
environmental cost (WWF 2008, pp. 30, 53-54), such as land degradation 
through deforestation and exposure to fertilizers and pesticides, which 
are discussed below. Although the conversion to palm oil plantations 
may not be occurring directly in Honduran emerald hummingbird habitat, 
its effects may impact this species via the development of roads, 
habitat conversion, and settlements.
    To provide perspective on the magnitude of the production in this 
valley, the Agu[aacute]n Valley Palm Producers Association (APROVA) is 
a cooperative of 154 oil palm farmers (USDA 2012, pp. 1-3). In 2009, 
APROVA opened its first palm oil processing plant, which processes up 
to five tons of palm oil per day (USDA 2012, pp. 1-3); there are now 
five processing plants. As of 1938, within the Agu[aacute]n Valley 
30,000 ha (74,131 ac) were the arid, thorn forest preferred by the 
Honduran emerald (Tierra America 2012, pp. 1-2). By 1977, suitable 
habitat for the Honduran emerald hummingbird had been reduced to 16,000 
ha (39,537 ac), and in 2000, only 8,495 ha (20,991 ac) remained. Of 
that area, only 3,900 ha (9,637 ac) can be considered preserved well 
enough to sustain significant populations of the Honduran emerald 
hummingbird (Mej[iacute]a pers. comm. in Tierra America 2012).

                               Table 1--Land Reduction in the Agu[aacute]n Valley
----------------------------------------------------------------------------------------------------------------
                       Agu[aacute]n Valley                             Year          Hectares          Acres
----------------------------------------------------------------------------------------------------------------
Tropical Dry Forest.............................................            1938          30,000          74,131
Tropical Dry Forest.............................................            1977          16,000          39,537
Tropical Dry Forest.............................................            2000           8,495          20,991
----------------------------------------------------------------------------------------------------------------
Source: Thorn et al. 2000.

Pesticides and Fertilizers

    The World Wide Fund for Nature (WWF) notes that agricultural 
production yield level can only be increased with the use of 
agrochemicals such as fertilizer and pesticides, which in turn all have 
an environmental impact. Before palm oil tree canopies fully develop, 
sunlight is able to penetrate the ground resulting in aggressive weed 
growth and frequent weed control is needed. Mechanical weed mowers 
hauled by agricultural tractors are used to keep weeds at a manageable 
height in between rows. Before the canopy is fully developed, areas 
around young plants are kept free of competing weeds mostly by chemical 
herbicides and by manually removing them (WWF 2008, pp. 24-25). 
However, these plantations are approximately 161 km (100 miles) north 
of the Honduran emerald hummingbird's habitat, and are not known to 
directly affect this species (Hyman 2012, pers. comm.). Therefore, we 
do not find pesticides and fertilizers to be a threat to the continued 
existence of this species.

Roads

    Honduras is ranked among the countries with the lowest development 
of road networks in Central America (Acevedo et al. 2008, p. 1). The 
agricultural sector is the most important of the Honduran economy 
(Acevedo et al. 2008, p. 1); however, this sector is limited by 
difficulties of transportation and access to many of the productive 
areas of the country due to poor road infrastructure (Quintero et al. 
2007, pp. 15-18; Winograd 2006, pp. 1-5).
    Existing roads have been negatively impacted by hurricanes, 
flooding, and neglect after the crash of the banana industry. The 
Agu[aacute]n and Agalta valleys, which contain this species' preferred 
habitat, are some of the most productive agricultural areas of the 
country, and this change in land use has decreased the available 
suitable habitat for the Honduran emerald hummingbird (Acevedo et al. 
2008, p. 1). These agricultural areas of the country are in the 
departments of Atlantida (Agu[aacute]n Valley) and Olancho (Agalta and 
Guayape valleys) and include bananas, coffee, palm oil, corn, beans, 
edible vegetables, fruits, and other crops. The improvement and 
development of roads to transport agricultural products to economic 
hubs is being considered by the Government of Honduras, which may 
affect the Honduran emerald hummingbird's habitat.
    Growth in this economic sector is impeded by the lack of access to 
the most productive agricultural areas of the country due to poor road 
infrastructure. The road improvement project (Central Road, Route no. 
23) is funded by the World Bank through the ``Second Reconstruction and 
Improvement Project Road'' (World Bank 2013, pp. 1-3; World Bank 2011, 
pp. 1-3; Proceso Digital 2010). The road improvement project will 
likely bring more traffic, which will increase land speculation and 
settlement of homes along the road, ultimately impacting surrounding 
Honduran emerald hummingbird habitat (Perez and Thorn 2012, pers. 
comm.; Steiner and Coto 2011, pp. 1-2). Roads through prime Honduran 
emerald hummingbird habitat, which is presently affected by cultivation 
of bananas and plantains, link the river valley to the ports at Tela, 
La Ceiba, Trujillo, and Puerto Cort[eacute]s.
    There are plans to pave the road between Olanchito (Yoro 
Department) and San Lorenzo (Valle Department (southcentral Honduras)), 
an approximately 57-km (35-mile) stretch that currently passes through 
the Agu[aacute]n Valley, which will further impact this species' 
habitat (Hyman 2012; pers. comm.; World Bank 2011, pp. 1-3; Anderson 
pers. comm. 2008 in Petition 2008; Hyman 2007, p. 10). This project has 
been contingent on several factors,

[[Page 45093]]

such as a loan from the World Bank and implementation of measures to 
mitigate the impact on the environment. A 2007 World Bank report 
indicated that during the project planning stage, the scope of the 
project changed so that the road segment passing through vital habitat 
for the Honduran emerald hummingbird was not implemented (Quintero 
2007, pp. 14-16). In this report, the World Bank indicated that 
payments for an environmental services plan, if successfully 
implemented, could lead to the long-term protection of an additional 
1,000-2,000 ha (2,474-4,942 acres) of Honduran emerald hummingbird 
habitat on private lands. This, in turn, would address environmental 
concerns associated with the proposed paving of the Olanchito-San 
Lorenzo road (Quintero et al. 2007, p. 15). The original plans for this 
project included a target completion date of December 2014 (World Bank 
2013, pp. 1-2); however, the best available information indicates that 
the closing date of the loan has been extended to May 31, 2015 and 
implementation progress on the proposed infrastructure was rated as 
moderately successful (World Bank 2015, unpaginated; World Bank 2014, 
p. 1-6).
    The Agalta Valley is traversed by a highway that has been proposed 
to be repaved (Inter-American Development Bank 2013, pp. 1-2; Hyman 
2012, pers. comm). This region is an area with a high rate of poverty, 
and this highway is, in part, intended to improve the economic 
conditions in this region. This region contains approximately 50,000 
human inhabitants. The highway will complete the second paved transit 
route between the Pacific and Atlantic oceans in Honduras. The road is 
being improved in order to provide a better link between Tegucigalpa 
and the Atlantic coast of Honduras and will better connect the 
Departments of Francisco Moraz[aacute]n, Olancho, and Col[oacute]n. It 
is unclear how this highway will affect the remaining 5,000 ha (12,355 
ac) of this species' habitat (Bonta 2011, pers. comm.) in this valley.

Hydroelectric and Development Projects

    The construction of several development projects could possibly 
affect this species' habitat (Bonta 2012, pers. comm.) in the Agalta 
Valley and the Tencoa Valley. At least two hydroelectric projects have 
become operational in recent years (Bonta 2012, pers. comm.). These 
projects could likely result in more infrastructure development in the 
Valley, which could also affect the Honduran emerald hummingbird's 
habitat. Additionally, several agricultural development projects may be 
underway in the Agalta Valley (Bonta 2012, pers. comm.). Bonta 
indicates that the following projects, which can be located at http://www.hondurasopenforbusiness.com, are likely to affect the Honduran 
emerald hummingbird's habitat.
     AGR112: Production of Transgenic Certified Maize,
     AGR126: Cultivation of Pi[ntilde][oacute]n, Jatropha 
curcas, for biodiesel (5,000 ha in the Agalta Valley),
     AGR401: Cultivation of Pi[ntilde][oacute]n (5,000 ha in 
the Agalta Valley),
     AGR402: Cultivation of Pi[ntilde][oacute]n,
     FOR204: Teak (Tectona grandis) plantation: 20,000 ha in 
three valleys; estimate of 4,000 to 8,000 ha in the Agalta Valley.
    Although highway construction, agricultural development, and 
resulting infrastructure is likely to occur in the Agalta Valley, it is 
unclear how these activities would negatively affect the Honduran 
emerald hummingbird in this valley. To mitigate the effects of 
development in this area, a Honduran emerald hummingbird conservation 
strategy paper for the Agalta Valley was funded by the Inter-American 
Development Bank (IADB) and partially developed by the American Bird 
Conservancy. In the area of influence of IADB project HO-L1003, the 
strategy paper identified 20 remaining fragments of suitable Honduran 
emerald hummingbird habitat; all but one of these fragments is located 
on private land. The paper recommended development of a payments-for-
ecosystem-services scheme (PES scheme) as the most viable conservation 
option. This concept would compensate landowners for conserving or 
restoring Honduran emerald hummingbird habitat found on their land in 
the Agalta Valley; however, it is unclear whether this has been 
implemented (IADB 2013, pp. 1-2).

International Trade

    Data obtained from the United Nations Environment Programme--World 
Conservation Monitoring Center (UNEP-WCMC) show that, since its listing 
in CITES Appendix II in 1987, only two Honduran emerald hummingbird 
specimens have been recorded in international trade, involving two 
carcasses of unknown origin from Germany to the United States in 1996 
(UNEP-WCMC 2009b). Therefore, international trade is not a factor 
influencing the species' status in the wild. We are not aware of any 
other information that indicates that collection or overutilization of 
the Honduran emerald hummingbird is affecting this species.

Disease and Predation

    The Intergovernmental Panel on Climate Change (2014, pp. 1530-1532) 
suggests that the distribution of some disease vectors may change as a 
result of climate change. However, after conducting a status review of 
the Honduran emerald hummingbird and consulting with experts, we have 
no information at this time to suggest that any specific diseases are 
or may become problematic to this species.

Small and Declining Population

    In our proposed rule (78 FR 59), we found that the species' small 
population size (at the time of our proposal, estimated to be 200-1,000 
individuals) combined with its highly restricted and severely 
fragmented range, increased the species' vulnerability to adverse 
natural events. The species' potential exposure to extreme weather 
events such as hurricanes, extended periods of drought, or flooding, in 
combination with habitat loss and degradation was believed to be 
affecting the continued existence of the species throughout its range.
    During the public comment period, we received new information 
indicating that the population estimates were much higher than 
previously believed (5,000-10,000 breeding pairs) (see Population 
Estimates). Based upon this updated estimate, we have re-evaluated 
whether the populations are susceptible to the risks associated with 
small and declining populations as described in detail below.
    Endemic to Honduras, Honduran emeralds hummingbirds have been found 
in seven populations. In the Santa Barbara Department (western 
Honduras), they have been found in three separate valleys, Tencoa 
Valley, Jicatuyo/Ulua river valley, and the Quimistan Valley. Anderson 
et al. (2013, p. 14) estimates a combined population for these three 
valleys to be roughly 2,500-5,000 breeding pairs; however, the 
researcher notes that no comprehensive, peer-reviewed population 
estimate has been completed for this area and as such, there is no 
current information indicating how the populations are distributed 
between the three separate valleys. Anderson et al. (2010, p. 258) 
stated that during research in Tencoa Valley alone, they found 
individuals in five habitat fragments, each fragment measuring between 
5 to 60 hectares (ha), separated from each other by at least 5 km. A 
single individual was found in a 40 ha forest fragment in Quimistan 
Valley (Anderson et al. 2010, p. 258). In the Yoro Department, a single 
population

[[Page 45094]]

exists in the Agu[aacute]n Valley, a considerable distance from other 
known populations; Anderson et al. (2010, p. 259) estimates that the 
Santa Barbara populations are 200 km west of the population in the 
Agu[aacute]n Valley. Anderson et al. (2013, p. 14) estimates a 
population of 1,000-2,000 breeding pairs within the Agu[aacute]n 
Valley. In the Olancho Department, Honduran emeralds are found in three 
separate valleys, Agalta, Tilica, and Guayape. Anderson et al. (2013, 
p. 14) estimates a population of 1,000-2,000 breeding pairs within 
Agalta Valley. In Guayape, the species is believed to have been 
extirpated. In 2012 and 2013, researchers were unable to detect a 
single individual within this valley. Connected to Guayape Valley 
through a habitat corridor, it is believed the remaining population in 
the Tilica Valley may have historically been a part of the now-
extirpated population (Anderson et al. 2013, p. 13). In Tilica, the 
population is estimated to be between 500-1,000 breeding pairs.
    Despite the increased total population estimate of 5,000-10,000 
breeding pairs, research suggests the individual populations are small, 
including one population that is presumably extirpated. Research 
illustrates that the populations are both geographically and 
genetically isolated from one another. According to Anderson et al. 
(2013, p. 3), there has been no evidence to date of Honduran emeralds 
being found between any of the seven valleys, indicating that while 
there is the potential for gene flow between the populations, the 
probability is minimal.
    Species endemic to a few, widely dispersed locations are inherently 
more vulnerable to extinction than widespread species because of the 
higher risks from genetic bottlenecks, random demographic fluctuations, 
climate change, and localized catastrophes such as hurricanes, 
landslides, and drought (Lande 1988, p. 1,455; Mangel and Tier 1994, p. 
607; Pimm et al. 1988, p. 757). Small populations can be more affected 
by factors such as demographic stochasticity (variability in population 
growth rates arising from random differences among individuals in 
survival and reproduction within a season), local catastrophes, and 
inbreeding (Pimm et al. 1988, pp. 757, 773-775). Due primarily to the 
current rate of habitat fragmentation, degradation, and loss, each 
Honduran emerald population is considered to be declining within their 
individual locales. Hummingbirds' flight and hovering abilities require 
a large amount of energy; this necessitates the utilization of foraging 
techniques that maximize the amount of nectar (energy) at a minimum 
cost. The degradation, fragmentation, and loss of habitat cause the 
species to expend more energy and resources in search of its basic 
nutritional requirements (Justino et al. 2012, pp. 194-195; Hadley and 
Betts 2009, p. 207). Habitat degradation, fragmentation, and loss can 
separate populations to the point where individuals can no longer 
disperse and breed among habitat patches, causing a shift in the 
demographic characteristics of a population and a reduction in genetic 
fitness (Gilpin and Soul[eacute] 1986, p. 31). A small, declining 
population makes the species vulnerable to genetic stochasticity 
(random changes in the genetic composition of a population) due to 
inbreeding depression and genetic drift (random changes in gene 
frequency). This, in turn, compromises a species' ability to adapt 
genetically to changing environments (Frankham 1996, p. 1,507), reduces 
fitness, and increases extinction risk (Reed and Frankham 2003, pp. 
233-234).
    Although new population estimates have increased the worldwide 
population estimate from 200-1,000 individuals to 5,000 to 10,000 
breeding pairs, the individual populations of Honduran emerald are 
small and declining. Additionally, the species range is restricted 
within Honduras and the individual populations are geographically and 
genetically isolated from one another. The Honduran emeralds small and 
declining populations combined with their highly restricted and 
severely fragmented range increase the species' vulnerability to 
adverse natural events and are affecting the continuing existence of 
the species throughout its range.

Extreme Weather Events

    Small, declining populations can also be especially vulnerable to 
environmental disturbances such as flooding, drought, or hurricanes 
(O'Grady 2004, pp. 513-514). The Honduran emerald relies on arid, thorn 
forest habitat to provide nectar-producing plant species for energy and 
insects for protein in order to meet the biological requirements for 
breeding, feeding, and nesting. In 2012, Honduras was determined to be 
one of the countries most affected by climate change due to its 
geographic location, which is in the direct path of many tropical 
storms and hurricanes (Harmeling 2012, pp. 5-6). Research and modeling 
have explored how changes in climate might affect areas such as 
Honduras (Gasner et al. 2010, p. 1,250; Winograd 2002, p. 11). The term 
``climate change'' refers to a change in the mean, variability, or 
seasonality of climate variables over time periods of decades or 
hundreds of years (Intergovernmental Panel on Climate Change (IPCC) 
2014b, p. 5). Forecasts of the rate and consequences of future climate 
change are based on the results of extensive modeling efforts conducted 
by scientists around the world (Solman 2011, p. 20; Laurance and Useche 
2009, p. 1,432; Nu[ntilde]ez et al. 2008, p. 1; Margeno 2008, p. 1; 
Meehl et al. 2007, p. 753).
    Climate change models, like all other scientific models, produce 
projections that have some uncertainty because of the assumptions used, 
the data available, and the specific model features. The science 
supporting climate model projections, as well as models assessing their 
impacts on species and habitats, will continue to be refined as more 
information becomes available. While projections from regional climate 
model simulations are informative, various methods to downscale 
projections to more localized areas in which the species lives are 
still imperfect and under development (Solman 2011, p. 20; Nu[ntilde]ez 
et al. 2008, p. 1; Marengo 2008, p. 1).
    Honduras appears to have entered a more active period of hurricane 
activity (Pielke et al. 2003, p. 102). Studies of natural events in the 
last 100 years indicate that Honduras is highly vulnerable to an 
increase in frequency and intensity in the future not only hurricanes, 
but also landslides, flooding, and drought ([Scedil]ekercio[gbreve]lu 
et al. 2011; Gasner et al. 2010, p. 1250; Winograd 2006, p. 1). Due to 
its location and the biophysical traits of the region, Honduras is 
likely to be affected every 3 to 4 years by climate-related events, 
such as drought-related fires, floods, and landslides (Winograd 2006, 
p. 1). Winograd notes that 50 percent of Honduras is at risk of 
landslides, 30 percent is at risk of severe droughts, and 25 percent is 
at risk of flooding, particularly agricultural areas.
    Arid-zone species are assumed to be more resilient to high 
temperatures and low humidity ([Scedil]ekercio[gbreve]lu et al. 2012, 
p. 5). However, species such as the Honduran emerald hummingbird are 
exposed to very dry conditions and are likely dependent on seasonal 
rains, as well as seasonal and permanent waterholes and rivers 
(Schneider and Griesser 2009 in [Scedil]ekercio[gbreve]lu et al. 2011, 
p. 5). Even small temperature increases can greatly increase the amount 
of birds' evaporative water loss ([Scedil]ekercio[gbreve]lu et al. 
2011, p. 5). Warmer weather due to climate change is expected to impact 
the ability of birds in arid regions to sustain

[[Page 45095]]

their water balance; this species has been observed at higher 
elevations (Germer 2012); which may indicate a response to warmer 
temperatures.
    Climate models are not always able to predict the possible effects 
of ecological interactions, adaptation, or how species, particularly 
pollinators, might disperse in response to climate change (Buermann et 
al. 2011, p. 1,671; Burkle and Alarc[oacute]n 2011, p. 528; Pearson and 
Dawson 2003, p. 361). Honduras is clearly in the path of hurricanes 
(Winograd 2006, 2002; Pielke et al. 2003, pp. 101-103). While 
additional research is still needed to determine how changes in climate 
may affect species such as the Honduran emerald hummingbird, studies 
indicate that Honduras is highly vulnerable to an increase in frequency 
and intensity in hurricanes, landslides, flooding, and drought 
([Scedil]ekercio[gbreve]lu et al. 2011; Gasner et al. 2010, p. 1250; 
Hegland et al. 2009, p. 184; Winograd 2006, p. 1). As the Honduran 
emerald has a restricted range within Honduras, and the seven remaining 
populations are small and declining, we find that that the Honduran 
emeralds potential exposure to extreme weather events, in combination 
with habitat loss and degradation, is affecting the continued existence 
of the species throughout its range.

Conservation Measures in Place

    Several mechanisms are in place which are intended to provide 
protections to the Honduran emerald hummingbird. These protections 
include involvement by nongovernmental organizations (NGOs), wildlife 
protection laws, and a reserve designated to protect its habitat. These 
mechanisms are described below.

Laws and Regulatory Mechanisms

    Honduras has made significant progress in conservation of its 
natural resources (Portillo 2007, p. 60; Vreugdenhil et al. 2002, pp. 
6, 11, 20-25). In the past 30 years, protected areas have increased 
from fewer than 20 protected areas to approximately 600 areas with 
nationally protected status (Portillo 2007, p. 60). Between 1974 and 
1987, meetings were held with regional authorities in order to promote 
the conservation of the natural and cultural heritage of Honduras 
(Portillo 2007, p. 60). In 2003, the First Mesoamerican Congress on 
Protected Areas was held in Managua, Nicaragua. In 2010, Honduras began 
an initiative to recover degraded areas and denuded forests (ECOLEX 
2012). However, in some cases, these protected areas have not been 
managed effectively, as described below (Portillo 2007, p. 63; 
Vreugdenhil et al. 2002, pp. 6, 11, 20-25). Although the government of 
Honduras has shown initiative in protecting the species, implementation 
and enforcement seem to be lacking. Additionally, development projects 
are still occurring, such as the hydroelectric projects in Santa 
Barbara. Privately owned land continues to be sold to land speculators 
and converted from Honduran emerald hummingbird habitat to other uses, 
such as agriculture or cattle pastures.

NGO Involvement and the Honduran Emerald Reserve

    In Honduras, several NGOs, such as The Nature Conservancy (TNC) and 
the Honduran Biodiversity Research Coalition, are participating in the 
conservation and management of this species. One protected area, the 
Honduran Emerald Reserve (Reserve), was established by the Honduran 
Government in 2005, with support from TNC. TNC has provided both 
technical and financial support to the government and local community 
groups to complete a 10-year management plan for the Reserve. This 
Reserve was established in connection with funding from the World Bank 
to finish building the main highway linking the capital with Olanchito, 
Yoro, via Cedros Francisco Moraz[aacute]n (Steiner and Coto 2011, pp. 
1-2) (refer to Roads, above). Some aspects of TNC's involvement have 
included marking the official reserve boundaries and providing training 
to partners in the management of reserves and protected areas.
    In 2009, the National Conservation and Forestry Institute (ICF) 
began a management plan for the protected area specifically for the 
Honduran emerald. This was with the participation of nearby 
municipalities, Arenal Olanchito, the department of Yoro, SOPTRAVI 
Honduras Armed Forces (HAF), the Ministry of Education through the 
Regional Environmental Education Center, CREATE, the Ministry of 
Tourism, and the Ministry of Environment and Natural Resources (Steiner 
and Coto 2011, pp. 1-2; Portillo 2007, p. 99). The Interagency 
Technical Committee for Monitoring and Honduran Emerald Hummingbird 
Habitat Management Area was formed. In 2010, the ICF, with financial 
support from TNC, finalized the management plan for the protected area 
(Resolution No. DE-MP-147-2010).
    This reserve is located 34 km (21 miles) west of the city Olanchito 
in the Agu[aacute]n Valley. The reserve encompasses 1,217 ha (3,007 ac) 
and spans elevations between 220 and 800 meters (722 and 2,625 ft). As 
of 2012, there were 651 ha (1,609 ac) of dry forest habitat remaining 
that is suitable for the Honduran emerald hummingbird (Perez and Thorn 
2012, pers. comm.; Thorn et al. 2000 in Anderson 2010, p. 6). The 
Honduran Emerald Reserve is guarded by Honduran Air Force soldiers, who 
patrol the reserve and do not allow visitors into the protected area 
without prior permission (Hyman 2012 pers. comm.). However, cattle from 
neighboring land owners are frequently found grazing uncontrolled on 
the property within Honduran emerald habitat (Steiner 2011, p. 1; House 
2004, p. 30). Despite conservation efforts, land owners around the 
protected area want to expand their properties and are cutting more 
suitable habitat in order to plant grass for cattle grazing (Hyman and 
Steiner 2012, pers. comm.). Because encroachment and livestock grazing 
continue to occur both around and in the protected area, and this 
species requires more suitable habitat than what exists in this 
protected area, this area is insufficient to provide adequate suitable 
habitat for this species.
    Another entity working towards conservation of the Honduran emerald 
is the Honduran Biodiversity Research Coalition, which is a group of 
scientists and conservationists established in 2011 that undertakes and 
promotes biodiversity research and conservation in Honduras. The 
American Bird Conservancy is another NGO working to protect this 
species. One of its current goals is to work towards the development of 
a payment for ecosystems services project in the Agalta Valley to 
restore and protect Honduran emerald hummingbird habitat.
    In conclusion, Honduras is improving its management of its 
resources (Food and Agriculture Organization of the United Nations 
2010). However, most of the habitat required by the Honduran emerald 
hummingbird is privately owned, and the thorn forests are being 
converted to other uses that are not suitable for this species. Despite 
the progress made in Honduras with respect to laws and regulatory 
mechanisms in place to protect the Honduran emerald hummingbird, the 
species continues to face habitat degradation and fragmentation.

Finding (Listing Determination)

    A species is ``endangered'' for purposes of the Act if it is in 
danger of extinction throughout all or a significant portion of its 
range. A species is ``threatened'' for purposes of the Act if it is 
likely to become an endangered species within the foreseeable future 
throughout all or a significant portion of

[[Page 45096]]

its range. Thus, in the context of the Act, the Service interprets an 
``endangered species'' to be one that is presently in danger of 
extinction. A ``threatened species,'' on the other hand, is not 
presently in danger of extinction, but is likely to become so in the 
foreseeable future. In other words, the primary statutory difference 
between a threatened and endangered species is the timing of when a 
species may be in danger of extinction, either presently (endangered) 
or in the foreseeable future (threatened). The statute requires us to 
determine whether any species is endangered or threatened as a result 
of any one or combination of the following five factors in section 
4(a)(1) of the Act: (A) The present or threatened destruction, 
modification, or curtailment of its habitat or range; (B) 
overutilization for commercial, recreational, scientific, or 
educational purposes; (C) disease or predation; (D) the inadequacy of 
existing regulatory mechanisms; or (E) other natural or manmade factors 
affecting its continued existence. In considering what factors might 
constitute threats to a species, we must look beyond the mere exposure 
of the species to the factor to evaluate whether the species may 
respond to the factor in a way that causes actual impacts to the 
species. If there is exposure to a factor and the species responds 
negatively, the factor may be a threat and we attempt to determine how 
significant a threat it is. The threat is significant if it drives, or 
contributes to, the risk of extinction of the species such that the 
species may warrant listing as endangered or threatened as those terms 
are defined in the Act. Section 4(b)(1)(A) of the Act requires us to 
make this determination based solely on the best available scientific 
and commercial data available after conducting a review of the status 
of the species and taking into account any efforts being made by States 
or foreign governments to protect the species.
    In assessing whether the Honduran emerald hummingbird meets the 
definition of an endangered species or a threatened species, we 
considered the five factors in section 4(a)(1) of the Act. We conducted 
a review of the status of this species and assessed whether the 
Honduran emerald hummingbird is endangered or threatened throughout all 
or a significant portion of its range. We also reviewed all information 
we received during the public comment period. We have assessed the best 
scientific and commercial information available regarding the past, 
present, and future threats affecting this species.
    This species requires a constant source of energy, primarily in the 
form of nectar and insects. In order to meet its energy and nutritional 
requirements, this species needs access to intact, suitable habitat 
with a diversity of plant species that contain abundant energy sources 
throughout the year.
    We find that habitat loss due to conversion to agricultural 
development and cattle pastures is the main factor affecting the 
Honduran emerald hummingbird throughout its range (Factor A) (Komar et 
al. 2013, p. 40; Anderson et al. 2013, pp. 1-15; Bonta 2012 pers. 
comm.; Perez and Thorn 2012 pers. comm.). Habitat degradation and loss 
continue to occur and affect the species throughout its range. 
Uncontrolled clearing of the Honduran emerald's dry forest habitat for 
pastures or plantation agriculture has restricted the species to a few 
small, isolated ``islands'' of suitable dry forest habitat surrounded 
by banana plantations or cattle ranches (Perez and Thorn 2012, pers. 
comm.). Its current occupied and suitable range has been greatly 
reduced and is severely fragmented. This hummingbird species is 
expending more energy in order to find food sources to meet its 
nutritional needs, and as its suitable habitat becomes more scarce and 
fragmented, these habitat islands are growing farther apart.
    Historically, the Honduran emerald hummingbird existed in more 
continuous, connected habitat. Its suitable habitat has become 
increasingly limited, and it is not likely to expand in the future. 
This species' population is estimated to be between 5,000 and 10,000 
breeding pairs distributed over seven valleys in Honduras. A lack of a 
sufficient number of individuals in a local area or a decline in their 
individual or collective fitness may cause a decline in the population 
size, despite the presence of suitable habitat patches. In cases where 
populations are small, effects on the species are exacerbated. Any loss 
of potentially reproducing individuals could have a devastating effect 
on the ability of the population to increase.
    A species may be affected by more than one factor, and these 
factors can act in combination. The most significant factor affecting 
the Honduran emerald hummingbird is the degradation, fragmentation, and 
loss of suitable habitat (Factor A). Fragmentation and isolation of 
populations can decrease the fitness and reproductive potential of the 
species, which exacerbate other threats. Changes in Honduras' climate 
are acting in combination with other factors to affect this species' 
habitat. Extreme weather events (an increase in the severity and 
frequency in hurricanes and increased periods of drought (Factor E)) 
are impacting this species' habitat.
    The species' small population size (Factor E), combined with its 
restricted and severely fragmented range (factor A), increase the 
species' vulnerability to adverse natural events (Factor E) that 
destroy individuals and their habitat. The species' potential exposure 
to extreme weather events, such as hurricanes, extended periods of 
drought, or flooding, in combination with habitat degradation and 
fragmentation, is currently affecting the continued existence of the 
species throughout its range now and in the future.
    In conclusion, we have carefully assessed the best scientific and 
commercial information available regarding the past, present, and 
future threats affecting this species. We have identified multiple 
factors that have interrelated impacts on this species. These factors 
occur at a scale sufficient to affect the status of the species now and 
in the future. The most significant threat is habitat degradation and 
fragmentation due to conversion from thorn forest to agriculture and 
cattle pastures. Both biotic and abiotic ecological interactions 
influence species' distributions (Jankowski et al. 2010, pp. 1877-1883; 
Dunn et al. 2009, pp. 3037-3041). This species requires an environment 
that contains particular temperature and humidity levels, nectar, and 
insects. As a species' status continues to decline, the species becomes 
increasingly vulnerable to other impacts. The species' small population 
size, its reproductive and life-history traits, combined with its 
highly restricted and severely fragmented range, increases this 
species' vulnerability to one or more stochastic (random or 
unpredictable) events, such as hurricanes, drought, or flooding. These 
factors, in combination, are believed to be affecting the continued 
existence of the species throughout its range now and in the future.
    Based on our evaluation of the best available scientific and 
commercial information and given the significant loss, degradation, and 
fragmentation of suitable habitat, we have determined the species is in 
danger of extinction throughout all of its range and thus meets the 
definition of an endangered species. Because the species is in danger 
of extinction now, as opposed to likely to become an endangered species 
within the foreseeable future, the Honduran emerald hummingbird meets 
the definition of an endangered species rather than a threatened 
species. Therefore, we are listing the Honduran

[[Page 45097]]

emerald hummingbird as endangered under the Act.

Available Conservation Measures

    Conservation measures provided to species listed as endangered or 
threatened under the Act include recognition, requirements for Federal 
protection, and prohibitions against certain practices. Recognition 
through listing results in public awareness, and encourages and results 
in conservation actions by Federal and State governments, private 
agencies and interest groups, and individuals.
    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 within the United States or on the high seas with respect 
to any species that is proposed or listed as endangered or threatened 
and with respect to its critical habitat, if any is being designated. 
However, given that the Honduran emerald hummingbird is not native to 
the United States, we are not designating critical habitat for this 
species under section 4 of the Act.
    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 and threatened species in foreign 
countries. Sections 8(b) and 8(c) of the Act authorize the Secretary to 
encourage conservation programs for foreign endangered species and to 
provide assistance for such programs in the form of personnel and the 
training of personnel.
    The Act and its implementing regulations set forth a series of 
general prohibitions and exceptions that apply to all endangered and 
threatened wildlife. These prohibitions, at 50 CFR 17.21 and 17.31, in 
part, make it illegal for any person subject to the jurisdiction of the 
United States to ``take'' (includes harass, harm, pursue, hunt, shoot, 
wound, kill, trap, capture, or collect, 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 endangered wildlife species. It also 
is illegal to possess, sell, deliver, carry, transport, or ship any 
such wildlife that has been taken in violation of the Act. Certain 
exceptions apply to agents of the Service and State conservation 
agencies.
    Permits may be issued to carry out otherwise prohibited activities 
involving endangered and threatened wildlife species under certain 
circumstances. Regulations governing permits for endangered species are 
codified at 50 CFR 17.22. With regard to endangered wildlife, a permit 
may be issued for the following purposes: For scientific purposes, to 
enhance the propagation or survival of the species, and for incidental 
take in connection with otherwise lawful activities.

National Environmental Policy Act (NEPA)

    We have determined that environmental assessments and environmental 
impact statements, as defined under the authority of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), need not be 
prepared in connection with regulations adopted under section 4(a) of 
the Act. We published a notice outlining our reasons for this 
determination in the Federal Register on October 25, 1983 (48 FR 
49244).

References Cited

    A complete list of all references cited in this rule is available 
on the Internet at http://www.regulations.gov or upon request from the 
Branch of Foreign Species, Ecological Services Program, U.S. Fish and 
Wildlife Service (see FOR FURTHER INFORMATION CONTACT).

Author

    The primary author of this rule is the staff of the Branch of 
Foreign Species, Ecological Services Program, U.S. Fish and Wildlife 
Service.

List of Subjects in 50 CFR Part 17

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

Regulation Promulgation

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

PART 17--[AMENDED]

0
1. The authority citation for part 17 continues to read as follows:

    Authority:  16 U.S.C. 1361-1407; 1531-1544; 4201-4245, unless 
otherwise noted.


0
2. Amend Sec.  17.11(h) by adding a new entry for ``Hummingbird, 
Honduran emerald'' in alphabetical order under BIRDS to the List of 
Endangered and Threatened Wildlife to read as follows:


Sec.  17.11  Endangered and threatened wildlife.

* * * * *
    (h) * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
                        Species                                                   Vertebrate
-------------------------------------------------------                        population where                                 Critical       Special
                                                          Historic  range       endangered or        Status     When  listed     habitat        rules
           Common name               Scientific name                              threatened
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
              Birds
 
                                                                      * * * * * * *
Hummingbird, Honduran emerald....  Amazilia luciae....  Honduras...........  Entire.............            E           805            NA            NA
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *

    Dated: July 15, 2015.
James Kurth,
Acting Deputy Director, U.S. Fish and Wildlife Service.
[FR Doc. 2015-18602 Filed 7-28-15; 8:45 am]
 BILLING CODE 4310-55-P