[Federal Register Volume 59, Number 59 (Monday, March 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-7226]
[Federal Register: March 28, 1994]
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Part VI
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; Proposed Rule
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AB84
Endangered and Threatened Wildlife and Plants; Proposed Addition
of 30 African Birds to List of Endangered and Threatened Wildlife
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule and notice of petition finding.
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SUMMARY: The Service proposes to add 30 kinds of birds, found in Africa
and on associated islands, to the List of Endangered and Threatened
Wildlife. All have restricted distributions and are threatened by
habitat destruction, human hunting, predation by introduced animals,
and various other factors. All were subjects of petitions from the
International Council for Bird Preservation, submitted in 1980 and
1991. This proposal, if made final, would implement the protection of
the Endangered Species Act of 1973, as amended, for these birds. The
Service also makes the finding that the listing of 38 additional
species of birds, included in the 1991 petition, is warranted but
precluded because of other listing activity.
DATES: Comments on the proposed rule must be submitted by July 26,
1994. Public hearing requests must be received by May 12, 1994.
ADDRESSES: Comments, information, and questions should be submitted to
the Chief, Office of Scientific Authority; Mail Stop: Room 725,
Arlington Square; U.S. Fish and Wildlife Service; Washington, DC 20240
(Fax number 703-358-2276). Express and messenger-delivered mail should
be addressed to the Office of Scientific Authority; Room 750, 4401
North Fairfax Drive; Arlington, Virginia 22203. Comments and materials
received will be available for public inspection, by appointment, from
8 a.m. to 4 p.m., Monday through Friday, at the Arlington, Virginia
address.
FOR FURTHER INFORMATION CONTACT: Dr. Charles W. Dane, Chief, Office of
Scientific Authority, at the above address (phone 703-358-1708).
SUPPLEMENTARY INFORMATION:
Background
In a petition of November 24, 1980, to the U.S. Fish and Wildlife
Service (Service), the International Council for Bird Preservation
(ICBP) requested the addition of 79 kinds of birds to the U.S. List of
Endangered and Threatened Wildlife. Of that number, 58 occurred
entirely outside of the United States and its territories. Of those
foreign birds, 6 have now been listed and the rest have been covered by
petition findings that their listing is warranted but precluded by
other listing activity.
Subsequently, in a petition dated April 30, 1991, and received by
the Service on May 6, 1991, the ICBP requested the addition of another
53 species of foreign birds to the List of Endangered and Threatened
Wildlife. In the Federal Register of December 16, 1991 (56 FR 65207-
65208), the Service announced the finding that this petition had
presented substantial information indicating that the requested action
may be warranted. At that same time the Service initiated a status
review of these 53 birds, with the comment period lasting until March
16, 1992. The review yielded 22 comments, one of them expressing
general support for listing and all the rest suggesting that listing of
the salmon-crested cockatoo and/or the blue-throated macaw would
interfere unnecessarily with the captive propagation of these species
and with commerce in birds resulting from such propagation (there did
not appear to be any question that wild populations of both species
face severe threats and that importation of wild-caught individuals
should be generally prohibited).
Section 4(b)(3) of the Endangered Species Act of 1973, as amended
in 1982 (Act), requires that, within 12 months of receipt of a petition
to list, delist, or reclassify a species, a finding be made as to
whether the requested action is warranted, not warranted, or warranted
but precluded by other listing activity. In the case of the 1991 ICBP
petition, available information supports listing of all 53 species.
With respect to 15 of these species--those occurring in Africa and
Madagascar, and on associated islands of the Atlantic and Indian
Oceans--a recently published book (Collar and Stuart 1985) provides
detailed status data. This same source provides data supporting the
listing of 13 of the African birds covered by the 1980 ICBP petition,
and the Service also possesses sufficient data to support the listing
of the other 2 African birds so covered. With respect to the other
birds included in the two petitions, data are available from several
sources, some of which are unpublished. Compilation of these data is in
progress and a listing proposal will be completed as soon as allowed by
the Service's other listing responsibilities.
Considering the above, the Service makes the finding, hereby
incorporated and published together with this proposal, that the action
requested by the ICBP 1980 and 1991 petitions, with respect to the 30
African birds named below in the ``Summary of Factors Affecting the
Species,'' is warranted, and that the action requested by the 1991
petition, with respect to the 38 remaining species covered therein, is
warranted but precluded by other listing activity. As soon as time
allows, the Service will proceed with preparation of a proposed rule on
these 38 species, which are: Kalinowski's tinamou (Nothoprocta
kalinowskii), Junin grebe (Podiceps taczanowskii), Beck's petrel
(Pterodroma becki), Fiji petrel (Pterodroma macgillivrayi), Heinroth's
shearwater (Puffinus heinrothi), greater adjutant (Leptoptilos dubius),
giant ibis (Pseudibis gigantea), Andean flamingo (Phoenicoparrus
andinus), Brazilian merganser (Mergus octosetaceus), southern helmeted
curassow (Pauxi unicornis), blue-billed curassow (Crax alberti), Bogota
rail (Rallus semiplumbeus), Junin rail (Laterallus tuerosi), Jerdon's
courser (Cursorius bitorquatus), slender-billed curlew (Numenius
tenuirostris), salmon-crested cockatoo (Cacatua moluccensis), blue-
throated macaw (Ara glaucogularis), black-breasted puffleg (Eriocnemis
nigrivestris), Esmeraldas woodstar (Acestrura berlepschi), yellow-
browed toucanet (Aulacorhynchus huallagae), helmeted woodpecker
(Dryocopus galeatus), royal cinclodes (Cinclodes aricomae), white-
browed tit-spinetail (Leptasthenura xenothorax), brown-banded antpitta
(Grallaria milleri), Stresemann's bristlefront (Merulaxis stresemanni),
Brasilia tapaculo (Scytalopus novacapitalis), grey-winged cotinga
(Tijuca condita), Kaempfer's tody-tyrant (Idioptilon kaempferi), ash-
breasted tit-tyrant (Anairetes alpinus), Bananal tyrannulet (Serpophaga
araguayae), Peruvian plantcutter (Phytoma raimondii), Gurney's pitta
(Pitta gurneyi), Niceforo's wren (Thryothorus nicefori), Socorro
mockingbird (Mimodes graysoni), Caerulean paradise-flycatcher
(Eutrichomyias rowleyi), Tumaco seedeater (Sporophila insulata),
Floreana tree-finch (Camarhynchus pauper), and black-backed tanager
(Tangara peruviana).
Summary of Factors Affecting the Species
Section 4(a)(1) of the Endangered Species Act (16 U.S.C. 1531 et
seq.) and regulations (50 CFR part 424) promulgated to implement the
listing provisions of the Act set forth the procedures for adding
species to the Federal Lists. A species may be determined to be
endangered or threatened due to one or more of the following five
factors described in Section 4(a)(1): (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; and (E) other natural or manmade
factors affecting its continued existence. The application of these
factors to the 30 African species named below is shown by the
appropriate letter in parentheses (information from Collar and Andrew
1988, Collar and Stuart 1985, and Grzimek 1975, unless otherwise
noted). Also indicated is the date of the petition covering each
species, the formal ICBP classification, and the proposed U.S.
classification.
Amsterdam albatross (Diomedia amsterdamensis).--1991 petition, ICBP
endangered, proposed U.S. endangered; a large sea bird of the family
Diomedeidae; known to breed only on Amsterdam Island, a French
possession in the southern Indian Ocean. Destruction of nesting habitat
by fires and introduced cattle (A) and predation by introduced rats and
cats (C) have reduced numbers drastically. On the average, only five
pairs were known to breed each year during the early 1980s.
Thyolo alethe (Alethe choloensis).--1991 petition, ICBP endangered,
proposed U.S. endangered; a small, ground-dwelling bird of the family
Muscicapidae, related to the Old World robins and thrushes; known only
from 13 small patches of submontane evergreen forest in southern Malawi
and from 2 such areas in northern Mozambique. Suitable habitat already
has been largely destroyed through human clearing and encroachment and
remaining sites are at risk of destruction (A). About 1,500 pairs are
estimated to survive.
Uluguru bush-shrike (Malaconotus alius).--1980 petition, ICBP rare,
proposed U.S. threatened; a small predatory bird of the family
Laniidae, resembling the true shrikes in structure but utilizing more
densely vegetated habitat and dwelling in the forest canopy; known only
from the Uluguru Mountains in central Tanzania. Because of its dense
forest habitat and evident low numbers, this bird has been difficult to
locate and little is known of its status. However, the lower slopes of
the mountains on which it lives are being steadily cleared and such
activity places the species at risk (A). The Service would be
particularly interested in receiving new information on the severity of
this problem.
Madagascar sea eagle (Haliaeetus vociferoides).--1980 petition,
ICBP endangered, proposed U.S. endangered; a fish-hunting species of
the family Accipitridae, related to and somewhat smaller than the
American bald eagle; confined to the rivers, shorelines, and offshore
islands of the west coast of central to northern Madagascar. Its
numbers have dropped sharply since the last century, with only 96
individuals being counted during the mid-1980s. Although reasons for
the decline are unclear, hunting and deliberate nest destruction by
people (B) are thought to be partly responsible.
Madagascar serpent eagle (Eutriorchis astur).--1980 petition, ICBP
endangered, proposed U.S. endangered; a raptor of the family
Accipitridae, more closely related to the harrier hawks than to most
other eagles; until recently, known only from 11 specimens collected
over 50 years ago in the eastern forests of Madagascar. In 1988 an
individual was observed and in 1990 a dead specimen was recovered, both
in northeastern Madagascar (Raxworthy and Colston 1992). The species
thus is known to survive, but it is apparently dependent on large
tracts of undisturbed primary rainforest, and such habitat is rapidly
being destroyed or adversely modified by human activity (A).
Mauritius fody (Foudia rubra).--1980 petition, ICBP endangered,
proposed U.S. endangered; a small weaver of the family Ploceidae,
feeding on insects, nectar and small fruits; formerly widespread in the
upland forests of the island of Mauritius, a part of the nation of the
same name in the Indian Ocean. It now is restricted to the southwestern
part of Mauritius, where perhaps only 150 breeding pairs survive. More
than half of the population had been wiped out in 1973-1974 during a
large-scale forest clearing project (A). The remaining birds are
subject to intensive nest predation from rats, macaques, and other
introduced animals (C).
Rodrigues fody (Foudia flavicans).--1980 petition, ICBP endangered,
proposed U.S. endangered; another small insectivorous weaver of the
family Ploceidae; occurs only on the island of Rodrigues, a part of
Mauritius in the Indian Ocean. Formerly abundant in a variety of
habitats on the island, by 1983 only about 100 individuals survived in
remnant patches of evergreen forest. The main problem appears to be
competition with the related Madagascar fody (Foudia madagascariensis),
which was introduced by people and which evidently has adapted better
to all habitats except mature forest (E). Since the latter habitat has
been largely destroyed by human activity, the range of F. flavicans has
been greatly reduced (A). In addition, the species is threatened by
predation from introduced rats (C) and by the effects of cyclones (E).
Djibouti francolin (Francolinus ochropectus).--1991 petition, ICBP
endangered, proposed U.S. endangered; a ground-dwelling, partridgelike
bird of the family Phasianidae; restricted to highland forest in the
country of Djibouti in northeastern Africa. Its restricted habitat is
rapidly being destroyed by overgrazing, clearing, and other human
activity (A). Only about 1,500 birds were thought to survive in 1985.
Freira (Pterodroma madeira).--1991 petition, ICBP endangered,
proposed U.S. endangered; a small sea bird of the family Procellariidae
(petrels and shearwaters); known to breed only in the mountains of
Madeira, an island possession of Portugal in the Atlantic Ocean. It has
declined because of human bird and egg collectors (B), predation by
introduced rats (C), and possibly natural climatic changes (E). Only 20
breeding pairs may survive.
Alaotra grebe (Tachybaptus rufolavatus).--1991 petition, ICBP
endangered, proposed U.S. endangered; a small diving bird of the family
Podicipedidae; known primarily from Lake Alaotra and adjacent marshes
in northeastern Madagascar. Human alteration of the limited habitat of
the Alaotra grebe (A), especially the introduction of exotic fish,
resulted in a great increase there of the much more widespread little
grebe (Tachybaptus ruficollis) and to extensive hybridization between
the two species (E). It appears that the resulting genetic swamping of
the Alaotra grebe is irreversible.
White-breasted guineafowl (Agelastes meleagrides).--1991 petition,
ICBP endangered, proposed U.S. endangered; a medium-sized ground-
dwelling bird of the family Numididae, related to turkeys and peacocks;
originally occurred throughout the rainforest zone from Sierra Leone to
Ghana. This species evidently is dependent on primary forest and is
unable to survive in the dense undergrowth of secondary forest. It has
disappeared from most of its range, mainly because of timber
exploitation (A). It also has been severely affected by human hunting
pressure (B). It may survive only in Ivory Coast and Liberia, and in
only small numbers even there.
Raso lark (Alauda razae).--1991 petition, ICBP endangered, proposed
U.S. endangered; a songbird of the family Alauidae, closely related to
the common Old World skylark; known only from Raso, one of the islands
in the nation of Cape Verde off the west coast of Africa. This species
was once common and widespread on Raso, but declined drastically
because of a severe drought in the 1960s (E). The population may have
fallen to only about 20 individuals in 1981. Numbers subsequently
increased to at least 150, but the species is potentially threatened by
climatic fluctuations (E), human settlement (A), and predation by
introduced rats (C).
Ibadan malimbe (Malimbus ibadanensis).--1991 petition, ICBP
endangered, proposed U.S. endangered; another small weaver of the
family Ploceidae, about the size of a house sparrow and with red
markings; known only from southwestern Nigeria. The restricted range of
this species is subject to intensive forest clearing (A). Although
considered common when it was first discovered in 1951, it subsequently
became very rare and prospects for survival are not favorable. The
Ibadan malimbe does seem to have a limited tolerance to habitat
modification, and the Service would be interested in obtaining more
information about its potential to sustain itself.
Algerian nuthatch (Sitta ledanti).--1980 petition, ICBP rare,
proposed U.S. endangered; a member of the family Sittidae, about the
size of a house sparrow but with a compact build, a long beak, and
grayish coloration; known only from Mount Babor in northern Algeria.
Discovered in 1975, this small arboreal species is dependent on forest
habitat, including standing dead wood for nesting. Such habitat is
being reduced by lumbering, fire, grazing of domestic livestock, and
removal of dead wood for forestry management (A). About 80 pairs were
estimated to survive in 1982.
Canarian black oystercatcher (Haematopus meadewaldoi).--1980
petition, ICBP extinct, proposed U.S. endangered; a shore bird of the
family Haematopodidae, somewhat like a rail but with much stouter bill
and legs, generally black plumage; known with certainty only from the
eastern Canary Islands, a Spanish possession off northwestern Africa.
This species seems always to have been uncommon and there have been no
definite records since about 1913. It may have disappeared because of
human disruption of its limited habitat and harvesting of the mollusks
on which it fed (A), and because of predation by introduced cats and
rats (C). Four apparently genuine reports of black oystercatchers--two
on Tenerife in the Canaries and two on the coast of Senegal in West
Africa--were made from 1968 to 1981, and give hope that the species
still exists. The species is being included in this proposal based on
the recent reports and on the reasonable prospect of rediscovery. Rare
and elusive species are routinely found alive after years, decades, or
even centuries of presumed extinction. Indeed, rediscovery of two of
the other birds covered by this proposal--the Madagascar serpent eagle
and the Madagascar pochard--was announced while the proposal was being
drafted. The October 1993 issue of the journal Oryx contains
announcements that three species--a bird, a mammal, and a reptile--none
of which had been seen for at least 30 years, had all been found alive.
The U.S. List of Endangered and Threatened Wildlife already includes
many such rediscovered species. Examples are the parma wallaby
(Macropus parma), which was thought extinct for 33 years; the dibbler
(Antechinus apicalis), which was thought extinct for 83 years; and the
mountain pygmy possum (Burramys parvus), which was thought to have
disappeared many thousands of years ago in the Ice Age. The Service
makes a special request for new information that might help assess the
status of the Canarian black oystercatcher and for informed opinions
from authorities as to its appropriate treatment. Such comments, or the
lack thereof, will be considered in the development of any final rule
and could lead to a decision not to proceed with the listing of this
species.
Seychelles lesser vasa parrot (Coracopsis nigra barklyi).--1980
petition, ICBP endangered, proposed U.S. endangered; a member of the
family Psittacidae, generally dark brown in color and about 10 inches
(25 centimeters) long; known only from Praslin, one of the islands in
Seychelles, a nation off the east coast of Africa. Originally common on
the island, this species declined rapidly in the mid-20th century as
its palm forest habitat was destroyed by human cutting and burning (A).
The one remaining population was estimated to number about 30 to 50
individuals in 1965, though it subsequently may have increased to about
100 after efforts were made to protect it and its remaining habitat
(King 1981, Silva 1989).
Mascarene black petrel (Pterodroma aterrima).--1980 petition, ICBP
endangered, proposed U.S. endangered; a small sea bird of the family
Procellariidae; originally found on the islands of Reunion and
Rodrigues, which are parts of Mauritius in the Indian Ocean. It seems
to have disappeared from Rodrigues by the 18th century and to have
become extremely rare on Reunion. Reasons for the decline are not
precisely known, but may involve human hunting (B), predation by
introduced rats and cats (C), and absorption of pesticides harmful to
reproduction (E).
Pink pigeon (Nesoenas mayeri).--1980 petition, ICBP endangered,
proposed U.S. endangered; a member of the family Columbidae, about the
size of the domestic pigeon (Columba domestica), but with shorter and
more rounded wings and generally pink in color (Goodwin 1977); known
only from southwestern Mauritius in the Indian Ocean. This species has
declined because of the clearing of its native forest habitat by people
(A), human hunting for use as food (B), and predation by introduced
rats and macaques (C). Remnant populations also became more vulnerable
to the effects of cyclones and natural food shortages (E). The pink
pigeon already was rare by the 1830s and currently the single known
wild group contains only about 20 birds. Larger numbers exist in
captivity.
White-tailed laurel pigeon (Columba junoniae).--1980 petition, ICBP
rare, proposed U.S. threatened; a large member of the family
Columbidae, closely related to the common Old World wood pigeon
(Columba palumbus); known only from the Canary Islands, a Spanish
possession off northwestern Africa. Early reports suggest that this
species may once have occurred throughout the Canaries, though it is
known with certainty only from the western islands of Tenerife, La
Palma, and Gomera. It now is relatively common only on parts of La
Palma. Elsewhere it has disappeared or declined in conjunction with
human destruction of the endemic Canarian laurel forests (A). Some of
the remnant populations appear to be stable, following legal measures
to protect them and their forest habitat.
Madagascar pochard (Aythya innotata).--1991 petition, ICBP
endangered, proposed U.S. endangered; a diving duck of the family
Anatidae; apparently confined to freshwater lakes and pools in the
northern central plateau of Madagascar. Although still common around
1930, this species subsequently declined drastically because of large-
scale hunting by people (B). It may also have been adversely affected
by the introduction of exotic fish and accidental capture by people
netting the fish (E). It probably is on the brink of extinction; there
had been no definite records between 1970 and August 1991, when a
specimen was captured alive and placed in the Botanical Garden at
Antananarivo (Oryx, April 1992, 26:73).
Dappled mountain robin (Modulatrix orostruthus).--1980 petition,
ICBP rare, proposed U.S. threatened; a thrush of the family
Muscicapidae; occurs in three isolated patches of montane forest, one
in northern Mozambique and two in eastern Tanzania. Much of the
rainforest habitat on which the species depends has been cleared for
agricultural purposes (A). The population in Mozambique has not been
recorded since 1932. The other two populations may number in the
hundreds or low thousands.
Marungu sunbird (Nectarinia prigoginei).--1991 petition, ICBP
endangered, proposed U.S. endangered; a nectar-feeding bird of the
family Nectarinidae, characterized by small size and a long bill,
somewhat comparable to the hummingbirds superficially; known only from
the Marungu Highlands of southeastern Zaire. The remnant riparian
forest on which this species probably depends covers only a small part
of the Marungu Highlands and is under severe pressure from logging and
from the erosion of stream banks caused by the overgrazing of cattle
(A).
Taita thrush (Turdus helleri).--1991 petition, ICBP endangered,
proposed U.S. endangered; a dark-colored, ground-dwelling member of the
family Muscicapidae; apparently confined to highlands in southeastern
Kenya. This species occurs at low density and depends on limited forest
habitat. Such areas now have been mostly cleared for agricultural
purposes or to obtain firewood (A). The only relatively well-known
population occupies an area of about 3 square miles (5 square
kilometers) and may contain several hundred individuals.
Bannerman's turaco (Tauraco bannermani).--1991 petition, ICBP
endangered, proposed U.S. endangered; a frugivorous parrot of the
family Musophagidae, characterized by a generally greenish color and a
conspicuous crest; known only from the Bamenda-Banso Highlands in
western Cameroon. The montane forest habitat of this species is being
rapidly cleared as a result of cultivation, overgrazing by domestic
livestock, wood-cutting, and fires (A).
Seychelles turtle dove (Streptopelia picturata rostrata).--1980
petition, ICBP endangered, proposed U.S. endangered; a member of the
family Columbidae, somewhat smaller than the domestic pigeon (Columba
domestica) and generally dark grayish purple in color (Goodwin 1977);
formerly found throughout Seychelles, an island nation off eastern
Africa. This subspecies declined through hybridization with the related
and more adaptable S. p. picturata, which was introduced from
Madagascar in the mid-19th century (E). S. p. rostrata had become very
rare by 1965 and pure individuals may have nearly vanished by 1975
(King 1981). However, according to Dr. Mike Rands, who operates the
ICBP Seychelles program, and Ms. Alison Stattersfield (letter of
November 11, 1993), also of the ICBP and who recently visited
Seychelles, the subspecies rostrata does survive and is morphologically
distinctive, at least on Cousin Island, though some hybridization
probably has occurred. Therefore, even if genetically pure populations
of this turtle dove no longer exist--which itself is not yet known with
certainty--there are groups that could potentially be salvageable for
captive breeding experiments and eventual efforts at restoration of a
wild population with the predominant original morphological,
behavioral, and ecological characters of the subspecies.
Pollen's vanga (Xenopirostris polleni).--1980 petition, ICBP rare,
proposed U.S. threatened; a predatory bird of the endemic Malagasy
family Vangidae, somewhat similar to the shrikes; occurs in the
rainforests of eastern Madagascar. Although still widely distributed,
this species has declined and become rare as its forest habitat has
been destroyed and modified by people (A).
Van Dam's vanga (Xenopirostris damii).--1980 petition, ICBP rare,
proposed U.S. threatened; another member of the Vangidae; occurs in
northwestern Madagascar. Because of deforestation this species appears
to have become restricted to a single area of primary deciduous forest
at Ankarafantsika (A). However, that area is currently protected and
the bird reportedly is present there in fairly good numbers.
Aldabra warbler (Nesillas aldabranus).--1991 petition, ICBP
endangered, proposed U.S. endangered; a small song bird of the family
Muscicapidae; restricted to a small part of Aldabra, one of the islands
of Seychelles, a nation off the east coast of Africa. The ICBP refers
to this warbler as the ``rarest, most restricted and most highly
threatened species of bird in the world.'' Discovered only in 1967, it
seems to have been confined to an area of approximately 25 acres (10
hectares) of coastal vegetation on Aldabra. This habitat is being
destroyed by introduced goats and rats (A), and the latter also prey on
nests (C).
Banded wattle-eye (Platysteira laticincta).--1991 petition, ICBP
endangered, proposed U.S. endangered; a small flycatcher of the family
Muscicapidae, characterized by pale plumage and a wattle of bare red
skin above the eye; known only from the Bamenda Highlands in western
Cameroon. Although this species is considered reasonably common in the
remnant montane forests on which it depends, such habitat is being
rapidly cleared and fragmented as a result of cultivation, overgrazing
by domestic livestock, wood-cutting, and fires (A).
Clarke's weaver (Ploceus golandi).--1991 petition, ICBP endangered,
proposed U.S. endangered; a member of the family Ploceidae; known only
from a small forested area between Kilifi Creek and the Sabaki River on
the southeastern coast of Kenya. Numbers have been estimated at 1,000
to 2,000 pairs, but are declining because of excessive logging (A). At
present rates of destruction, all favorable habitat could be eliminated
within about 15 years. Even though a portion of the habitat is legally
protected, enforcement has not been effective (D).
The decision to propose the addition of the above 30 kinds of
African birds to the List of Endangered and Threatened Wildlife was
based on an assessment of the best available scientific information,
and of past, present, and probable future threats to these birds. All
have suffered substantial losses in habitat and/or numbers in recent
years and are vulnerable to human exploitation and disturbance. If
conservation measures are not implemented, further declines are likely
to occur, increasing the danger of extinction for these birds. Critical
habitat is not being determined, as such designation is not applicable
to foreign species.
Available Conservation Measures
Conservation measures provided to species listed as endangered or
threatened pursuant to the Act include recognition, recovery actions,
requirements for Federal protection, and prohibitions against certain
practices. Recognition through listing encourages conservation measures
by Federal, international, and private agencies, 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 that are to be conducted 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 proposed or
designated critical habitat (if any). Section 7(a)(2) 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. No
such activities are currently known with respect to the species covered
by this rule.
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 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.
Section 9 of the Act, and implementing regulations found at 50 CFR
17.21 and 17.31 set forth a series of general prohibitions and
exceptions that apply to all endangered and threatened wildlife. These
prohibitions, in part, make it illegal for any person subject to the
jurisdiction of the United States to take within the United States or
on the high seas, import or export, ship in interstate commerce in the
course of commercial activity, or sell or offer for sale in interstate
or foreign commerce any endangered wildlife. It also is illegal to
possess, sell, deliver, 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 under certain
circumstances. Regulations governing permits are codified at 50 CFR
17.22, 17.23, and 17.32. Such permits are available for scientific
purposes, to enhance propagation or survival, or for incidental take in
connection with otherwise lawful activities. For threatened species,
there also are permits available for zoological exhibition, educational
purposes, or special purposes consistent with the purposes of the Act.
Public Comments Solicited
The Service intends that any final rule adopted will be accurate
and as effective as possible in the conservation of endangered or
threatened species. Therefore, comments and suggestions concerning any
aspect of this proposed rule are hereby solicited from the public,
concerned governmental agencies, the scientific community, industry,
private interests, and other parties. Comments particularly are sought
concerning the following:
(1) Biological, commercial, or other relevant data concerning any
threat (or lack thereof) to the subject species;
(2) The location of any additional populations of the subject
species;
(3) Additional information concerning the distribution of these
species; and
(4) Current or planned activities in the involved areas, and their
possible effect on the subject species.
Final promulgation of the regulations on the subject species will
take into consideration the comments and any additional information
received by the Service, and such communications may lead to a final
decision that differs from this proposal.
The Endangered Species Act provides for a public hearing on this
proposal, if requested. Requests must be filed within 45 days of the
date of publication of the proposal, must be in writing, and should be
directed to the party named in the above ADDRESSES section.
National Environmental Policy Act
The Service has determined that an Environmental Assessment, as
defined under the authority of the National Environmental Policy Act of
1969, need not be prepared in connection with regulations adopted
pursuant to section 4(a) of the Endangered Species Act, as amended. A
notice outlining the Service's reasons for this determination was
published in the Federal Register of October 25, 1983 (48 FR 49244).
Literature Cited
Collar, N.J., and P. Andrew. 1988. Birds to watch. International
Council for Bird Preservation Technical Publication, number 8.
Collar, N.J., and S.N. Stuart. 1985. Threatened birds of Africa and
related islands. The ICBP/IUCN red data book, Part 1. International
Council for Bird Preservation, Cambridge, U.K.
Goodwin, D. 1977. Pigeons and doves of the world. British Museum
(Natural History), London.
Grzimek, B., ed. 1975. Grzimek's animal life encyclopedia. Van
Nostrand Reinhold Co., New York, volumes 7, 8, and 9.
King, W.B. 1981. Endangered birds of the world. The ICBP bird red
data book. Smithsonian Institution Press, Washington, D.C.
Raxworthy, C.J., and P.R. Colston. 1992. Conclusive evidence for the
continuing existence of the Madagascar serpent-eagle Eutriorchis
astur. Bulletin of the British Ornithological Club 112(2):108-111.
Silva, T. 1989. A monograph of endangered parrots. Silvio
Mattacchione and Co., Pickering, Ontario.
Author
The primary author of this proposed rule is Ronald M. Nowak,
Office of Scientific Authority, U.S. Fish and Wildlife Service,
Washington, D.C. 20240 (phone 703-358-1708).
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, and Transportation.
Proposed Regulations Promulgation
Accordingly, the Service hereby proposes to amend part 17,
subchapter B of chapter I, title 50 of the Code of Federal Regulations,
as set forth below:
PART 17--[AMENDED]
1. The authority citation for part 17 continues to read as follows:
Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C.
4201-4245; Pub. L. 99-625, 100 Stat. 3500; unless otherwise noted.
2. Section 17.11(h) is amended by adding the following, in
alphabetical order under BIRDS, to the List of Endangered and
Threatened Wildlife:
Sec. 17.11 Endangered and threatened wildlife.
* * * * *
(h) * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Species Vertebrate population
--------------------------------------------------- Historic range where endangered or Status When listed Critical Special
Common name Scientific name threatened habitat rules
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Birds
* * * * * * *
Albatross, Amsterdam.... Diomedia amsterdamensis. Amsterdam Island (Indian Entire................. E ........... NA NA
Ocean).
* * * * * * *
Alethe, Thyolo.......... Alethe choloensis....... Malawi, Mozambique...... Entire................. E ........... NA NA
* * * * * * *
Bush-shrike, Ulugura.... Malaconotus alius....... Tanzania................ Entire................. T ........... NA NA
* * * * * * *
Eagle, Madagascar sea... Haliaeetus vociferoides. Madagascar.............. Entire................. E ........... NA NA
* * * * * * *
Eagle, Madagascar Eutriorchis astur....... Madagascar.............. Entire................. E ........... NA NA
serpent.
* * * * * * *
Fody, Mauritius......... Foudia rubra............ Mauritius............... Entire................. E ........... NA NA
* * * * * * *
Fody, Rodrigues......... Foudia flavicans........ Rodrigues Island Entire................. E ........... NA NA
(Mauritius).
* * * * * * *
Francolin, Djibouti..... Francolinus ochropectus. Djibouti................ Entire................. E ........... NA NA
* * * * * * *
Freira.................. Pterodroma madeira...... Madeira Island (Atlantic Entire................. E ........... NA NA
Ocean).
* * * * * * *
Grebe, Alaotra.......... Tachybaptus rufoflavatus Madagascar.............. Entire................. E ........... NA NA
* * * * * * *
Guineafowl, white- Agelastes meleagrides... West Africa............. Entire................. E ........... NA NA
breasted.
* * * * * * *
Lark, Raso.............. Alauda razae............ Raso Island (Cape Verde) Entire................. E ........... NA NA
* * * * * * *
Malimbe, Ibadan......... Malimbus ibadanensis.... Nigeria................. Entire................. E ........... NA NA
* * * * * * *
Nuthatch, Algerian...... Sitta ledanti........... Algeria................. Entire................. E ........... NA NA
* * * * * * *
Oystercatcher, Canarian Haematopus meadewaldoi.. Canary Islands (Atlantic Entire................. E ........... NA NA
black. Ocean).
* * * * * * *
Parrot, Seychelles Coracopsis nigra barklyi Praslin Island Entire................. E ........... NA NA
lesser vasa. (Seychelles).
* * * * * * *
Petrel, Mascarene black. Pterodroma aterrima..... Reunion Island Entire................. E ........... NA NA
(Mauritius).
* * * * * * *
Pigeon, pink............ Nesoenas mayeri......... Mauritius............... Entire................. E ........... NA NA
* * * * * * *
Pigeon, white-tailed Columba junoniae........ Canary Islands (Atlantic Entire................. T ........... NA NA
laurel. Ocean).
* * * * * * *
Pochard, Madagascar..... Aythya innotata......... Madagascar.............. Entire................. E ........... NA NA
* * * * * * *
Robin, dappled mountain. Modulatrix orostruthus.. Mozambique, Tanzania.... Entire................. T ........... NA NA
* * * * * * *
Sunbird, Marungu........ Nectarinia prigoginei... Zaire................... Entire................. E ........... NA NA
* * * * * * *
Thrush, Taita........... Turdus helleri.......... Kenya................... Entire................. E ........... NA NA
* * * * * * *
Turaco, Bannerman's..... Tauraco bannermani...... Cameroon................ Entire................. E ........... NA NA
* * * * * * *
Turtle dove, Seychelles. Streptopelia picturata Seychelles.............. Entire................. E ........... NA NA
rostrata.
* * * * * * *
Vanga, Pollen's......... Xenopirostris polleni... Madagascar.............. Entire................. T ........... NA NA
* * * * * * *
Vanga, Van Dam's........ Xenopirostris damii..... Madagascar.............. Entire................. T ........... NA NA
* * * * * * *
Warbler, Aldabra........ Nesillas aldabranus..... Aldabra Island Entire................. E ........... NA NA
(Seychelles).
* * * * * * *
Wattle-eye, banded...... Platysteira laticincta.. Cameroon................ Entire................. E ........... NA NA
* * * * * * *
Weaver, Clarke's........ Ploceus golandi......... Kenya................... Entire................. E ........... NA NA
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Dated: March 14, 1994.
Mollie H. Beattie,
Director, Fish and Wildlife Service.
[FR Doc. 94-7226 Filed 3-25-94; 8:45 am]
BILLING CODE 4310-55-P
