Endangered and Threatened Wildlife and Plants; Listing Seven Brazilian Bird Species as Endangered Throughout Their Range, 40650-40683 [E9-18691]

Agencies

• Fish and Wildlife Service
• DEPARTMENT OF THE INTERIOR

[Federal Register Volume 74, Number 154 (Wednesday, August 12, 2009)]
[Proposed Rules]
[Pages 40650-40683]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-18691]



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Part II





Department of the Interior





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Fish and Wildlife Service



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50 CFR Part 17



Endangered and Threatened Wildlife and Plants; Listing Seven Brazilian 
Bird Species as Endangered Throughout Their Range; Proposed Rule

Federal Register / Vol. 74, No. 154 / Wednesday, August 12, 2009 / 
Proposed Rules

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[FWS-R9-IA-2009-0028; 96100-1671-0000-B6]
RIN 1018-AV74


Endangered and Threatened Wildlife and Plants; Listing Seven 
Brazilian Bird Species as Endangered Throughout Their Range

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), propose to 
list the following seven Brazilian bird species and subspecies 
(collectively referred to as ``species'' for purposes of this proposed 
rule) as endangered under the Endangered Species Act of 1973, as 
amended (Act) (16 U.S.C. 1531 et seq.): black-hooded antwren 
(Formicivora erythronotos), Brazilian merganser (Mergus octosetaceus), 
cherry-throated tanager (Nemosia rourei), fringe-backed fire-eye 
(Pyriglena atra), Kaempfer's tody-tyrant (Hemitriccus kaempferi), 
Margaretta's hermit (Phaethornis malaris margarettae), and southeastern 
rufous-vented ground-cuckoo (Neomorphus geoffroyi dulcis). This 
proposal, if made final, would extend the Act's protection to these 
species. The Service seeks data and comments from the public on this 
proposed rule.

DATES: We will accept comments received or postmarked on or before 
October 13, 2009. We must receive requests for public hearings, in 
writing, at the address shown in the FOR FURTHER INFORMATION CONTACT 
section by September 28, 2009.

ADDRESSES: You may submit comments by one of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
     U.S. mail or hand-delivery: Public Comments Processing, 
Attn: FWS-R9-IA-2009-0028; Division of Policy and Directives 
Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive, 
Suite 222; Arlington, VA 22203.
    We will post all comments on https://www.regulations.gov. This 
generally means that we will post any personal information you provide 
us (see the Public Comments section below for more information).

FOR FURTHER INFORMATION CONTACT: Douglas Krofta, Chief, Branch of 
Listing, Endangered Species Program, U.S. Fish and Wildlife Service, 
4401 N. Fairfax Drive, Room 420, Arlington, VA 22203; telephone 703-
358-2105; facsimile 703-358-1735. If you use a telecommunications 
device for the deaf (TDD), call the Federal Information Relay Service 
(FIRS) at 800-877-8339.

SUPPLEMENTARY INFORMATION:

Public Comments

    We intend that any final action resulting from this proposal will 
be as accurate and as effective as possible. Therefore, we request 
comments or suggestions on this proposed rule. We particularly seek 
comments concerning:
    (1) Biological, commercial trade, or other relevant data concerning 
any threats (or lack thereof) to these species and regulations that may 
be addressing those threats.
    (2) Additional information concerning the taxonomy, range, 
distribution, and population size of these species, including the 
locations of any additional populations of these species.
    (3) Any information on the biological or ecological requirements of 
these species.
    (4) Current or planned activities in the areas occupied by these 
species and possible impacts of these activities on these species.
    (5) Any information concerning the effects of climate change on 
these species or their habitats.
    You may submit your comments and materials concerning this proposed 
rule by one of the methods listed in the ADDRESSES section. We will not 
consider comments sent by e-mail or fax or to an address not listed in 
the ADDRESSES section.
    If you submit a comment via https://www.regulations.gov, your entire 
comment--including any personal identifying information--will be posted 
on the Web site. If you submit a hardcopy comment that includes 
personal identifying information, you may request at the top of your 
document that we withhold this information from public review. However, 
we cannot guarantee that we will be able to do so. We will post all 
hardcopy comments on https://www.regulations.gov.
    Comments and materials we receive, as well as supporting 
documentation we used in preparing this proposed rule, will be 
available for public inspection on https://www.regulations.gov, or by 
appointment, during normal business hours, at the U.S. Fish and 
Wildlife Service, Endangered Species Program, 4401 N. Fairfax Drive, 
Room 420, Arlington, VA 22203; telephone 703-358-2171.

Background

    Section 4(b)(3)(A) of the Act requires us to make a finding (known 
as a ``90-day finding'') on whether a petition to add a species to, 
remove a species from, or reclassify a species on the Federal Lists of 
Endangered and Threatened Wildlife and Plants has presented substantial 
information indicating that the requested action may be warranted. To 
the maximum extent practicable, the finding must be made within 90 days 
following receipt of the petition and must be published promptly in the 
Federal Register. If we find that the petition has presented 
substantial information indicating that the requested action may be 
warranted (a positive finding), section 4(b)(3)(A) of the Act requires 
us to commence a status review of the species if one has not already 
been initiated under our internal candidate assessment process. In 
addition, section 4(b)(3)(B) of the Act requires us to make a finding 
within 12 months following receipt of the petition (``12-month 
finding'') on whether the requested action is warranted, not warranted, 
or warranted but precluded by higher priority listing. Section 
4(b)(3)(C) of the Act requires that a finding of warranted but 
precluded for petitioned species should be treated as having been 
resubmitted on the date of the warranted but precluded finding, and is, 
therefore, subject to a new finding within 1 year and subsequently 
thereafter until we publish a proposal to list or a finding that the 
petitioned action is not warranted. The Service publishes an annual 
notice of resubmitted petition findings (annual notice) for all foreign 
species for which listings were previously found to be warranted but 
precluded.
    The following seven Brazilian bird species are addressed in this 
proposed rule: Black-hooded antwren (Formicivora erythronotos), 
previously recognized under the genus Myrmotherula; Brazilian merganser 
(Mergus octosetaceus); cherry-throated tanager (Nemosia rourei); 
fringe-backed fire-eye (Pyriglena atra), previously referred to as 
Swainson's fire-eye; Kaempfer's tody-tyrant (Hemitriccus kaempferi), 
previously recognized under the genus Idioptilon; Margaretta's hermit 
(Phaethornis malaris margarettae), previously referred to as the Klabin 
Farm long-tailed hermit and recognized at the species level as P. 
margarettae; and southeastern rufous-vented ground-cuckoo (Neomorphus 
geoffroyi dulcis). All of the above species are found in the Atlantic 
Forest and neighboring regions of southeastern Brazil.

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    We are addressing the seven Brazilian bird species identified above 
under a single proposed rule primarily for three reasons. First, all of 
these species are found in the Atlantic Forest and neighboring regions 
of southeastern Brazil, thus addressing them together makes sense from 
a regional conservation perspective. Second, these seven species are 
subject to similar threats of comparable magnitude, primarily the loss 
and degradation of habitat due to deforestation and other ongoing 
development practices affecting southeastern Brazil, as well as 
concomitant threats due to severely restricted distributions and small 
population sizes (such as potential loss of genetic viability). 
Combining species that face similar threats within the same general 
geographic area into one proposed rule allows us to maximize our 
limited staff resources, thus increasing our ability to complete the 
listing process for warranted-but-precluded species.

Previous Federal Actions

    On November 28, 1980, we received a petition (the 1980 petition) 
from Dr. Warren B. King, Chairman, United States Section of the 
International Council for Bird Preservation (ICBP), to add 60 foreign 
bird species to the List of Endangered and Threatened Wildlife (50 CFR 
17.11(h)), including 5 of the 7 Brazilian bird species (black-hooded 
antwren, cherry-throated tanager, fringe-backed fire-eye, Margaretta's 
hermit, and southeastern rufous-vented ground-cuckoo) that are the 
subject of this proposed rule. Two of the foreign species identified in 
the petition were already listed under the Act; therefore, in response 
to the 1980 petition, we published a substantial 90-day finding on May 
12, 1981 (46 FR 26464), for 58 foreign species and initiated a status 
review. On January 20, 1984 (49 FR 2485), we published a 12-month 
finding within an annual review on pending petitions and description of 
progress on all pending petition findings. In that notice, we found 
that all 58 foreign bird species from the 1980 petition were warranted 
but precluded by higher priority listing actions. On May 10, 1985, we 
published the first annual notice (50 FR 19761) in which we continued 
to find that listing all 58 foreign bird species from the 1980 petition 
was warranted but precluded. We published additional annual notices on 
the 58 species included in the 1980 petition on January 9, 1986 (51 FR 
996), July 7, 1988 (53 FR 25511), December 29, 1988 (53 FR 52746), 
April 25, 1990 (55 FR 17475), November 21, 1991 (56 FR 58664), and May 
21, 2004 (69 FR 29354). These notices indicated that the black-hooded 
antwren, cherry-throated tanager, fringe-backed fire-eye, Margaretta's 
hermit, and southeastern rufous-vented ground-cuckoo, along with the 
remaining species in the 1980 petition, continued to be warranted but 
precluded.
    On May 6, 1991, we received a second petition (the 1991 petition) 
from ICBP to add an additional 53 foreign bird species to the List of 
Endangered and Threatened Wildlife, including the 2 remaining Brazilian 
bird species (Brazilian merganser and Kaempfer's tody-tyrant) that are 
the subject of this proposed rule. In response to the 1991 petition, we 
published a substantial 90-day finding on December 16, 1991 (56 FR 
65207), for all 53 species and initiated a status review. On March 28, 
1994 (59 FR 14496), we published a 12-month finding on the 1991 
petition, along with a proposed rule to list 30 African birds under the 
Act (15 each from the 1980 petition and 1991 petition). In that 
document, we announced our finding that listing the remaining 38 
species from the 1991 petition, including the Brazilian merganser and 
Kaempfer's tody-tyrant, was warranted but precluded by higher priority 
listing actions. We made a subsequent warranted-but-precluded finding 
for all outstanding foreign species from the 1980 and 1991 petitions, 
including the seven Brazilian bird species that are the subject of this 
proposed rule, as published in our annual notice of review (ANOR) on 
May 21, 2004 (69 FR 29354).
    Per the Service's listing priority guidelines (September 21, 1983; 
48 FR 43098), our 2007 ANOR identified the listing priority numbers 
(LPNs) (ranging from 1 to 12) for all outstanding foreign species. The 
LPNs for the seven Brazilian bird species that are the subject of this 
proposed rule are as follows: The black-hooded antwren, Brazilian 
merganser, cherry-throated tanager, fringe-backed fire-eye, and 
Kaempfer's tody-tyrant (LPN 2); and the Margaretta's hermit and 
southeastern rufous-vented ground-cuckoo (LPN 3). Listing priorities of 
2 and 3 indicate that the subject species and subspecies, respectively, 
face imminent threats of high magnitude. With the exception of listing 
priority ranking of 1, which addresses monotypic genera that face 
imminent threats of high magnitude, categories 2 and 3 represent the 
Service's highest priorities.
    On July 29, 2008 (73 FR 44062), we published in the Federal 
Register a notice announcing our annual petition findings for foreign 
species. In that notice, we announced listing to be warranted for 30 
foreign bird species, including the seven Brazilian bird species which 
are the subject of this proposed rule, and stated that we would 
``promptly publish proposals to list these 30 taxa.''
    On September 8, 2008, the Service received a 60-day notice of 
intent to sue from the Center for Biological Diversity (CBD) over 
violations of section 4 of the Act for the Service's failure to 
promptly publish listing proposals for the 30 ``warranted'' species 
identified in our 2008 ANOR. Under a settlement agreement approved by 
the U.S. District Court for the Northern District of California on June 
15, 2009, (CDB v. Salazar, 09-cv-02578-CRB), the Service must submit to 
the Federal Register proposed listing rules for the black-hooded 
antwren, Brazilian merganser, cherry-throated tanager, fringe-backed 
fire-eye, Kaempfer's tody-tyrant, Margaretta's hermit, and southeastern 
rufous-vented ground-cuckoo by July 31, 2009.

Species Information and Factors Affecting the Species

    Section 4 of the Act (16 U.S.C. 1533), and its implementing 
regulations at 50 CFR part 424, set forth the procedures for adding 
species to the Federal Lists of Endangered and Threatened Wildlife and 
Plants. A species may be determined to be an endangered or threatened 
species due to one or more of the five factors described in section 
4(a)(1) of the Act. The five factors are: (A) The present or threatened 
destruction, modification, or curtailment of its habitat or range; (B) 
overutilization for commercial, recreational, scientific, or 
educational purposes; (C) disease or predation; (D) the inadequacy of 
existing regulatory mechanisms; and (E) other natural or manmade 
factors affecting its continued existence. Listing actions may be 
warranted based on any of the above threat factors, singly or in 
combination.
    If we consider that wildlife habitat is not only defined by 
substrates (vegetation, soil, water), but also atmospheric conditions, 
then changes in air temperature and moisture can effectively change a 
species' habitat. Climate change is characterized by variations in the 
earth's temperature and precipitation causing changes in atmospheric, 
oceanic, and terrestrial conditions (Parmesan and Mathews 2005, p. 
334). Global climate change and other periodic climatic patterns (e.g., 
El Ni[ntilde]o and La Ni[ntilde]a) can cause or exacerbate such 
negative impacts on a broad range of terrestrial ecosystems and 
neotropical bird populations (Crick 2004, p. 1; England 2000, p. 86;

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Holmgren et al. 2001, p. 89; Plumart 2007, pp. 1-2). For example, trees 
cool their area of influence through high rates of evapotranspiration, 
or water loss to the atmosphere from their leaves (Parmesan and Mathews 
2005, p. 337). Areas where trees have been replaced with pastures have 
lower evapotranspiration rates, thus causing local areas to be warmer 
(Parmesan and Mathews 2005, p. 337). According to the Intergovernmental 
Panel on Climate Change (IPCC), climate change can contribute to 
modifications of Amazonian rainforest habitats that are affected by 
deforestation (IPCC 1997, p. 11). Parmesan and Mathews (2005, p. 373) 
suggest that climate change is more likely to cause range reductions 
rather than range shifts. This may be due to the lack of areas where a 
species could shift to or the spaces between habitat patches are too 
large for individuals to reach. This suggests that climate change could 
be an agent of habitat loss or modification.
    Despite the fact that global climate changes are occurring and 
affecting habitat, the climate change models that are currently 
available are not yet able to make meaningful predictions of climate 
change for specific, local areas (Parmesan and Matthews 2005, p. 354), 
such as the Atlantic Forest and Cerrado (savanna) bioregions. In 
addition, we do not have models to predict how the climate in the range 
of these Brazilian bird species will change, and we do not know how any 
change that may occur, would affect these species. We also do not have 
information on past and future weather patterns within the specific 
range of these species. Therefore, based on the current lack of 
information and data, we did not evaluate climate change as a threat to 
these species. We are, however, seeking additional information on this 
subject (see Public Comments) that can be used in preparing the final 
rule.
    Below is a species-by-species analysis of the five factors. The 
species are considered in alphabetical order, beginning with the black-
hooded antwren, followed by the Brazilian merganser, cherry-throated 
tanager, fringe-backed fire-eye, Kaempfer's tody-tyrant, Margaretta's 
hermit, and the southeastern rufous-vented ground-cuckoo.

I. Black-hooded Antwren (Formicivora erythronotos)

Species Description
    The black-hooded antwren measures 10.5 to 11.5 centimeters (cm) (4 
to 4.5 inches (in)) (BirdLife International (BLI) 2007d, p. 1; Sisk 
1993, p. 414). Males are black with a reddish-brown back. They have a 
black narrow bill and a long tail. There are three thin white stripes 
on the wings. Females have similar coloring, except they have brown-
olive feathers where black feathers appear on males (BLI 2007d, p. 1).
Taxonomy
    The black-hooded antwren is a small member of the diverse 
``antbird'' family (Thamnophilidae). The species was previously 
recognized under the genus Myrmotherula (BLI 2007d, p. 1; Collar et al. 
1992, p. 667; Sick 1993, p. 414).
Habitat and Life History
    The Atlantic Forest biome encompasses a region of tropical and 
subtropical moist forests, tropical dry forests, and mangrove forests, 
that extend along the Atlantic coast of Brazil from Rio Grande do Norte 
in the north to Rio Grande do Sul in the south, and inland as far as 
Paraguay and Misiones Province of northeastern Argentina (Conservation 
International 2007a, p. 1; H[ouml]fling 2007, p. 1; Morellato and 
Haddad 2000, pp. 786-787). The black-hooded antwren inhabits lush 
understories of remnant old-growth and early successional secondary-
growth coastal forests, and it may also occur in dense understories of 
modified ``restinga,'' (``restinga'' is a Brazilian term that describes 
a patchwork of vegetation types consisting of beach vegetation, open 
shrubby vegetation, and dry and swamp forests distributed over coastal 
plains from northeastern to southeastern Brazil (McGinley 2007, pp. 1-
2)), swampy woodlands, abandoned banana plantations, and eucalyptus 
stands (BLI 2007d, p. 1; Tobias and Williams 1996, p. 64).
    Although the specific habitat requirements of the black-hooded 
antwren are still unclear, the species is not considered a tropical 
forest specialist. The black-hooded antwren typically forages in pairs 
or small family groups and consumes various insects, spiders, and small 
frogs (Collar et al. 1992, p. 667; del Hoyo 2003, p. 616; Sick 1993, p. 
405; Tobias and Williams 1996, p. 65). Black-hooded antwrens usually 
forage in dense vegetation within approximately 3 meters (m) (10 feet 
(ft)) of the ground, but they are also known to feed higher up (ca. 7 m 
(23 ft)).
    Females typically lay two eggs in fragile nests resembling small 
cups made of plant material (e.g., rootlets, stems, moss) that are 
attached to horizontal branches within roughly 1 m (3.3 ft) of the 
ground (Collar et al. 1992, p. 667; Sick 1993, p. 405). Both sexes help 
to build the nests, brood clutches, and attend their young.
Range and Distribution
    The black-hooded antwren is endemic to the Atlantic Forest biome in 
the southeast of the state of Rio de Janeiro (BLI 2007d, p. 1; Collar 
et al. 1992, p. 667). Currently, the only confirmed population is 
believed to be restricted to remnant patches of forest habitat along 
roughly 30 kilometers (km) (19 miles (mi)) of coast in southern Rio de 
Janeiro, near the border with S[atilde]o Paulo (Browne 2005, p. 95; 
Tobias and Williams 1996, p. 64). However, there have also been recent 
unconfirmed reports that the species may occur at the state Ecological 
Reserve of Jacarepi[aacute], located roughly 75 km (47 mi) northeast of 
the city of Rio de Janeiro (ADEJA 2007, p. 3; WorldTwitch 2007, p. 12).
Population Estimates
    The black-hooded antwren was known from 20 specimens that were 
purportedly collected in the 1800s in montane forest habitats of 
central Rio de Janeiro, Brazil. The species had not been reported since 
that collection until it was rediscovered in 1987 in the Atlantic 
forest in south Rio de Janeiro (BLI 2007d, p. 1).
    The extant population is estimated to be between 1,000 and 2,499 
birds, and is fragmented among seven occupied sites, including 
Bracu[iacute], Frade, S[atilde]o Gon[ccedil]alo, Taquari and Barra 
Grande, Arir[oacute], and Vale do Mambucaba. Vale do Mambucaba has the 
highest known density of pairs (156 pairs per square kilometer 
(km\2\)), followed by Mambucaba (densities of 89 pairs/km\2\). There 
are no known estimates for the other locations, but it is believed that 
the numbers are few (BLI 2007d, p. 1). At least one of the fragmented 
populations is believed to be reproductively isolated. The population, 
as a whole, is also believed to be declining rapidly due to continued 
loss of habitat (BLI 2007d, pp. 1-3).
Conservation Status
    The IUCN considers the black-hooded antwren to be ``Endangered'' 
because ``it has a very small and severely fragmented range that is 
likely to be declining rapidly in response to habitat loss'' (BLI 
2007d, p. 3). The species is also protected by Brazilian law and occurs 
in the buffer area of Serra da Boca[iacute]na National Park (BLI 2007d, 
p. 2).

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Summary of Factors Affecting the Black-hooded Antwren
A. The Present or Threatened Destruction, Modification, or Curtailment 
of the Species' Habitat or Range
    Based on a number of recent estimates, 92 to 95 percent of the area 
historically covered by tropical forests within the Atlantic Forest 
biome has been converted or severely degraded as a result of various 
human activities (Butler 2007, p. 2; Conservation International 2007a, 
p. 1; H[ouml]fling 2007, p. 1; Morellato and Haddad 2000, p. 786; Myers 
et al. 2000, pp. 853-854; The Nature Conservancy 2007, p. 1; Saatchi et 
al. 2001, p. 868; World Wildlife Fund 2007, pp. 2-41). In addition to 
the overall loss and degradation of native habitats within this biome, 
the remaining tracts of habitat are severely fragmented. The current 
rate of habitat decline is unknown.
    The region has the two largest cities in Brazil, S[atilde]o Paulo 
and Rio de Janeiro, and is home to approximately 70 percent of Brazil's 
169 million people (CEPF 2002; IBGE 2007). The major human activities 
that have resulted in the loss, degradation, and fragmentation of 
native habitats within the Atlantic Forest biome include extensive 
establishment of agricultural fields (e.g., soy beans, sugarcane, 
corn), plantations (e.g., eucalyptus, pine, coffee, cocoa, rubber, 
bananas), livestock pastures, centers of human habitation, and 
industrial developments (e.g., charcoal production, steel plants, 
hydropower reservoirs). Forestry practices (e.g., commercial logging, 
subsistence activities, fuelwood collection) and changes in fire 
frequencies (BLI 2003a, p. 4; J[uacute]nior et al. 1995, p. 147; The 
Nature Conservancy 2007, p. 2; Nunes and Kraas 2000, p. 44; Peixoto and 
Silva 2007, p. 5; Saatchi et al. 2001, pp. 868-869; Scott and Brooke 
1985, p. 118; World Wildlife Fund 2007, pp. 3-51) also contribute to 
the degradation of native habitat.
    The black-hooded antwren is not strictly tied to primary forest 
habitats and can make use of secondary-growth forests or other 
disturbed areas, such as modified ``restinga,'' eucalyptus stands, 
abandoned banana plantations, and recently burned sites (BLI 2007d, p. 
1; Tobias and Williams 1996, p. 64). However, this does not necessarily 
lessen the threat to the species from the effects of deforestation and 
habitat degradation. Atlantic Forest birds, such as the black-hooded 
antwren, which are tolerant of secondary-growth forests or other 
disturbed sites, are also rare or have severely restricted ranges 
(i.e., less than 21,000 km\2\ (8,100 square miles (mi\2\))). Thus 
habitat degradation can adversely impact such species, just as equally 
as it impacts primary forest-obligate species (Harris and Pimm 2004, 
pp. 1612-1613). While the black-hooded antwren is relatively abundant 
locally, the entire range of the species encompasses only about 130 
km\2\ (50 mi\2\), with only 45 percent of this area considered occupied 
(BLI 2007d, pp. 3-4).
    The susceptibility to habitat destruction of limited-range species 
that are tolerant of secondary-growth forests or other disturbed sites 
can occur for a variety of reasons, such as when a species' remaining 
population is already too small or its distribution too fragmented such 
that it may not be demographically or genetically viable (Harris and 
Pimm 2004, pp. 1612-1613). In addition, while the black-hooded antwren 
may be tolerant of secondary-growth forests or other disturbed sites, 
these areas may not represent optimal conditions for the species, which 
would include dense understories and abundant prey species. For 
example, management of plantations often involves intensive control of 
the site's understory vegetation and long-term use of pesticides, which 
eventually results in severely diminished understory cover and 
potential prey species (Rolim and Chiarello 2004, pp. 2687-2691; 
Saatchi et al. 2001, pp. 868-869; Scott and Brooke 1985, p. 118). Such 
management activities make these sites unsuitable for the black-hooded 
antwren (BLI 2007d, p. 2).
    Impacts associated with the destruction of native habitat by human 
activities within the Atlantic Forest biome include extensive 
fragmentation of the remaining tracts of forested habitat potentially 
used by the black-hooded antwren (see Factor E). As a secondary impact, 
habitat destruction of these remaining tracts increases the potential 
introduction of disease vectors or exotic predators within the species' 
historic range (see Factor C). Furthermore, even when potentially 
occupied sites may be formally protected, such as the state Ecological 
Reserve of Jacarepi[aacute] (see Factor D), the remaining fragments of 
forested habitat will likely undergo further degradation due to their 
altered dynamics and isolation (ADEJA 2007, pp. 1-2; Tabanez and Viana 
2000, pp. 929-932). Altered dynamics and isolation are characterized by 
a decrease in gene flow and inbreeding, which decrease the fitness of 
forest species (Tabanez and Viana 2000, pp. 929-932). In addition, 
fragmented Atlantic forests of Brazil are observed to be overtaken by 
lianas (long-stemmed woody vines), which cause tree falls and gaps in 
the forest structure. These gaps in the forest encourage gap-
opportunistic vegetation to grow. Hence, a decrease in gene flow, and 
increases in inbreeding, liana density, and presence of gap-
opportunistic species change the character and dynamics of the Atlantic 
Forest biome and isolate fragmented habitat patches (Tabanez and Viana 
2000, pp. 930-931). These changes may result in the loss of important 
species that comprise the black-hooded antwren habitat. As a result of 
these secondary impacts, there is often a time lag between the initial 
conversion or degradation of suitable habitats and the extinction of 
endemic bird populations (Brooks et al. 1999a, p. 1; Brooks et al. 
1999b, p. 1140). Therefore, even without further habitat loss or 
degradation, the black-hooded antwren remains at risk from past impacts 
to its suitable habitats.
    The black-hooded antwren occurs in one of the most densely 
populated regions of Brazil, and most of the tropical forest habitats 
believed to have been used historically by the species have been 
converted or are severely degraded due to the wide range of human 
activities identified above (BLI 2003a, p. 4; BLI 2007d, p. 2; Collar 
et al. 1992, p. 667; Conservation International 2007a, p. 1; del Hoyo 
2003, p. 616; H[ouml]fling 2007, p. 1; The Nature Conservancy 2007, p. 
1; World Wildlife Fund 2007, pp. 3-51). In addition, the remaining 
tracts of suitable habitat in Rio de Janeiro and S[atilde]o Paulo are 
threatened by ongoing development of coastal areas, primarily for 
tourism enterprises (e.g., large hotel complexes, beachside housing) 
and associated infrastructure support, as well as widespread clearing 
for expansion of livestock pastures and plantations, primarily for 
Euterpe palms (BLI 2003a, p. 4; BLI 2007d, p. 2; Collar et al. 1992, p. 
667; del Hoyo 2003, p. 616; World Wildlife Fund 2007, pp. 7 and 36-37). 
These impacts have recently reduced suitable habitats at various key 
sites known to be occupied by the black-hooded antwren such as Vale do 
Mambucaba and Arir[oacute], and the remaining occupied habitats at 
these sites are subject to ongoing human disturbances, such as off-road 
vehicle use, burning, and recreational activities (BLI 2007d, p. 2; 
Collar et al. 1994, p. 134; del Hoyo 2003, p. 616).
Summary of Factor A
    A significant portion of Atlantic Forest habitats have been, and 
continue to be, lost and degraded by various ongoing human activities, 
including

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logging, establishment and expansion of plantations and livestock 
pastures, urban and industrial developments (including many new 
hydroelectric dams), slash-and-burn clearing, intentional and 
accidental ignition of fires, and establishment of invasive species 
(CEPF 2001, pp. 9-15). Even with the recent passage of a national 
forest policy and in light of many other legal protections in Brazil 
(see Factor D), the rate of habitat loss throughout the Atlantic Forest 
biome has increased since the mid-1990s (CEPF 2001, p. 10; Hodge et al. 
1997, p. 1; Rocha et al. 2005, p. 270), and native habitats at many of 
the remaining sites may be lost over the next several years (Rocha et 
al. 2005, p. 263). Furthermore, because the black-hooded antwren's 
extant population is already small, highly fragmented, and believed to 
be declining (BLI 2007d, pp. 1-3), any further loss or degradation of 
its remaining suitable habitat represents a significant threat to the 
species (see Factor E). Therefore, we find that destruction and 
modification of habitat are threats to the continued existence of the 
black-hooded antwren throughout its range.
B. Overutilization for Commercial, Recreational, Scientific, or 
Educational Purposes
    The extant population of the black-hooded antwren is considered to 
be small, fragmented, and declining. The species was deliberately not 
collected when it was rediscovered in 1987 (Collar et al. 1992, p. 
667). This is because the removal or dispersal of just a few 
individuals from any of the black-hooded antwren's subpopulations or 
even a slight decline in their fitness due to intentional or 
inadvertent hunting, specimen collection, or other human disturbances 
(e.g., scientific research, birding) could represent significant risks 
to the species' overall viability (see Factor E). However, while these 
potential influences remain a concern for future management of the 
species, we are not aware of any other information currently available 
that indicates the use of this species for any commercial, 
recreational, scientific, or educational purpose. As a result, we are 
not considering overutilization to be a contributing factor to the 
continued existence of the black-hooded antwren.
C. Disease or Predation
    Large, stable populations of wildlife species have adapted to 
natural levels of disease and predation within their historic ranges. 
However, the extant population of the black-hooded antwren is 
considered to be small, fragmented, and declining. In addition, 
extensive human activity in previously undisturbed or isolated areas 
can lead to the introduction and spread of exotic diseases, some of 
which (e.g., West Nile virus) can negatively impact endemic bird 
populations (Naugle et al. 2004, p. 704; Neotropical News 2003, p. 1). 
Extensive human activity in previously undisturbed or isolated areas 
can also result in altered predator populations and the introduction of 
various exotic predator species, some of which (e.g., feral cats (Felis 
catus) and rats (Ratus sp.)) can be especially harmful to populations 
of endemic bird species (American Bird Conservancy 2007, p. 1; 
Courchamp et al. 1999, p. 219; Duncan and Blackburn 2007, pp. 149-150; 
Salo et al. 2007, pp. 1241-1242; Small 2005, p. 257). Any additive 
mortality to the black-hooded antwren's subpopulations or a decrease in 
their fitness due to an increase in the incidence of disease or 
predation could represent significant threats to the species' overall 
viability (see Factor E).
    Although disease and predation may be a concern for future 
management of the black-hooded antwren, we are not aware of any 
species-specific information currently available that indicates that 
disease or predation poses a threat to the species. As a result, we are 
not considering disease or predation to be a contributing factor to the 
continued existence of the black-hooded antwren.
D. The Inadequacy of Existing Regulatory Mechanisms
    The black-hooded antwren is formally recognized as ``endangered'' 
in Brazil (Order No. 1.522) and is directly protected by various laws 
promulgated by the Brazilian government (BLI 2007d, p. 2; Collar et al. 
1992, p. 667; ECOLEX 2007, pp. 1-2). For example, there are measures 
that prohibit, or regulate through Federal agency oversight, the 
following activities with regard to endangered species: export and 
international trade (e.g., Decree No. 76.623, Order No. 419-P), hunting 
(e.g., Act No. 5.197), collection and research (Order No. 332), captive 
propagation (Order No. 5), and general harm (e.g., Decree No. 3.179). 
In addition, there are a wide range of regulatory mechanisms in Brazil 
that indirectly protect the black-hooded antwren through measures that 
protect its remaining suitable habitat (ECOLEX 2007, pp. 2-5). For 
example, there are measures that: (1) Prohibit exploitation of the 
remaining primary forests within the Atlantic Forest biome (e.g., 
Decree No. 750, Resolution No. 10); (2) govern various practices 
associated with the management of primary and secondary forests, such 
as logging, charcoal production, reforestation, recreation, and water 
resources (e.g., Resolution No. 9, Act No. 4.771, Decree No. 1.282, 
Decree No. 3.420, Order No. 74-N, Act No. 7.803); (3) establish 
provisions for controlling forest fires (e.g., Decree No. 97.635, Order 
No. 231-P, Order No. 292-P, Decree No. 2.661); and (4) regulate 
industrial developments, such as hydroelectric plants and biodiesel 
production (e.g., Normative Instruction No. 65, Law No. 11.116). 
Finally, there are various measures (e.g., Law No. 11.516, Act No. 
7.735, Decree No. 78, Order No. 1, Act No. 6.938) that direct Federal 
and state agencies to promote the protection of lands and natural 
resources under their jurisdictions (ECOLEX 2007, pp. 5-6).
    There are also various regulatory mechanisms in Brazil that govern 
the formal establishment and management of protected areas to promote 
conservation of the country's natural resources (ECOLEX 2007, pp. 6-7). 
These mechanisms generally aim to protect endangered wildlife and plant 
species, genetic resources, overall biodiversity, and native ecosystems 
on Federal, state, and privately owned lands (e.g., Law No. 9.985, Law 
No. 11.132, Resolution No. 4, Decree No. 1.922). Brazil's formally 
established protection areas are categorized based on their overall 
management objectives (e.g., National Parks versus Biological 
Reserves); and based on those categories, they allow varying uses and 
provide varying levels of protection for specific resources (Costa 
2007, pp. 5-19).
    The black-hooded antwren occurs in the buffer zone around Serra da 
Bocaina National Park and, possibly, within Tamoios Environmental 
Protection Area and the Ecological Reserve of Jacarepi[aacute] (BLI 
2007d, p. 2; del Hoyo 2003, p. 616; WorldTwitch 2007, p. 12). It has 
been recommended that some of these sites should be expanded and other 
sites designated to ensure the species' currently occupied range is 
encompassed within protected areas. However, for various reasons (e.g., 
lack of funding, personnel, or local management commitment), some of 
Brazil's protected areas exist without the current capacity to achieve 
their stated natural resource objectives (ADEJA 2007, pp. 1-2; Bruner 
et al. 2001, p. 125; Costa 2007, p. 7; IUCN 1999, pp. 23-24; 
Neotropical News 1996, pp. 9-10; Neotropical News 1999, p. 9). 
Therefore, even with the expansion or further designation of protected 
areas, it is likely that not all of the identified resource concerns 
for

[[Page 40655]]

the black-hooded antwren (e.g., residential and agricultural 
encroachment, resource extraction, unregulated tourism, grazing) would 
be sufficiently addressed at these sites.
    In the past, the Brazilian government, through various regulations, 
policies, incentives, and subsidies, has actively encouraged settlement 
of previously undeveloped lands in southeastern Brazil, which helped 
facilitate the large-scale habitat conversions that have occurred 
throughout the Atlantic Forest biome (Brannstrom 2000, p. 326; Butler 
2007, p. 3; Conservation International 2007c, p. 1; Pivello 2007, p. 2; 
Ratter et al. 1997, pp. 227-228; Saatchi et al. 2001, p. 874). More 
recently, the Brazilian government has given greater recognition to the 
environmental consequences of such rapid expansion, and has taken steps 
to better manage some of the natural resources potentially impacted 
(Butler 2007, p. 7; Costa 2007, p. 7; Neotropical News 1997a, p. 10; 
Neotropical News 1997b, p. 11; Neotropical News 1998b, p. 9; 
Neotropical News 2003, p. 13; Nunes and Kraas 2000, p. 45). Despite 
these efforts, pressures to develop coastal areas containing black-
hooded antwren habitat for tourism (e.g., large hotel complexes, 
beachside housing) and plantation agriculture continue to be a threat 
to the species (ADEJA 2007, pp. 1-2; BLI 2007d, p. 2; Tobias and 
Williams 1996, p. 65).
Summary of Factor D
    Brazil's wide variety of laws requiring resource protection that 
would ultimately benefit the black-hooded antwren are tested by the 
intense development pressure that exists in coastal areas south of Rio 
de Janeiro. Despite the existence of these regulatory mechanisms, 
habitat loss throughout the Atlantic Forest biome has increased for 
more than a decade. The existing regulatory mechanisms have proven 
difficult to enforce (BLI 2003a, p. 4; Conservation International 
2007c, p. 1; Costa 2007, p. 7; The Nature Conservancy 2007, p. 2; 
Neotropical News 1997b, p. 11; Peixoto and Silva 2007, p. 5; Scott and 
Brooke 1985, pp. 118, 130). As a result, threats to the black-hooded 
antwren's remaining habitat are ongoing (see Factor A) due to the 
challenges that Brazil faces to balance its competing development and 
environmental priorities. Therefore, when combined with Factors A and 
E, we find that the existing regulatory mechanisms are inadequate to 
ameliorate the current threats to the black-hooded antwren throughout 
its range.
E. Other Natural or Manmade Factors Affecting the Continued Existence 
of the Species
    Under this factor we explore whether three risks, represented by 
demographic, genetic, and environmental stochastic events, are 
substantive to threaten the continued existence of the black-hooded 
antwren. In basic terms, demographic stochasticity is defined by chance 
changes in the population growth rate for the species (Gilpin and 
Soul[eacute] 1986, p. 27). Population growth rates are influenced by 
individual birth and death rates (Gilpin and Soul[eacute] 1986, p. 27), 
immigration and emigration rates, as well as changes in population sex 
ratios. Natural variation in survival and reproductive success of 
individuals and chance disequilibrium of sex ratios may act in concert 
to contribute to demographic stochasticity (Gilpin and Soul[eacute] 
1986, p. 27). Genetic stochasticity is caused by changes in gene 
frequencies due to genetic drift, and diminished genetic diversity, 
and/or effects due to inbreeding (i.e., inbreeding depression) (Lande 
1995, p. 786). Inbreeding can have individual or population-level 
consequences either by increasing the phenotypic expression (the 
outward appearance, or observable structure, function, or behavior of a 
living organism) of recessive, deleterious alleles or by reducing the 
overall fitness of individuals in the population (Charlesworth and 
Charlesworth 1987, p. 231; Shaffer 1981, p. 131). Environmental 
stochasticity is defined as the susceptibility of small, isolated 
populations of wildlife species to natural levels of environmental 
variability and related ``catastrophic'' events (e.g., severe storms, 
prolonged drought, extreme cold spells, wildfire) (Dunham et al. 1999, 
p. 9; Mangel and Tier 1994, p. 612; Young 1994, pp. 410-412). Each risk 
will be analyzed specifically for the black-hooded antwren.
    Small, isolated populations of wildlife species are susceptible to 
demographic and genetic problems (Shaffer 1981, pp. 130-134). These 
threat factors, which may act in concert, include: natural variation in 
survival and reproductive success of individuals, chance disequilibrium 
of sex ratios, changes in gene frequencies due to genetic drift, 
diminished genetic diversity and associated effects due to inbreeding 
(i.e., inbreeding depression), dispersal of just a few individuals, a 
few clutch failures, a skewed sex ratio in recruited offspring over 
just one or a few years, and chance mortality of just a few 
reproductive-age individuals.
    There is very little information available regarding the historic 
distribution and abundance of the black-hooded antwren. However, the 
species' historic population was likely larger and more widely 
distributed than today, and it must have maintained a minimum level of 
genetic interchange among its local subpopulations in order for them to 
have persisted (Middleton and Nisbet 1997, p. 107; Vil[agrave] et al. 
2002, p. 91; Wang 2004, p. 332). The available information indicates 
that suitable habitats currently occupied by the black-hooded antwren 
are highly fragmented and that the species' extant population is small 
and declining (BLI 2007d, pp. 1-3). Without efforts to maintain buffer 
areas and reconnect some of the remaining tracts of suitable habitat 
near the species' currently occupied sites, it is doubtful that the 
individual tracts are currently large enough to support viable 
populations of many birds endemic to the Atlantic Forest, like the 
black-hooded antwren, and the eventual loss of any small, isolated 
populations appears to be inevitable (Goerck 1997, p. 117; Harris and 
Pimm 2004, pp. 1609-1610; IUCN 1999, pp. 23-24; Machado and Da Fonseca 
2000, pp. 914, 921-922; Saatchi et al. 2001, p. 873; Scott and Brooke 
1985, p. 118).
    Various past and ongoing human activities and their secondary 
influences continue to impact all of the remaining suitable habitats 
that may still harbor the black-hooded antwren (see Factors A and D). 
We expect that any additional loss or degradation of habitats that are 
used by the black-hooded antwren will have disproportionately greater 
impacts on the species due to the population's fragmented state. This 
is because with each contraction of an existing subpopulation, the 
likelihood of interchange with other subpopulations within patches 
decreases, while the likelihood of its complete reproductive isolation 
increases.
    The combined effects of habitat fragmentation (Factor A) and 
genetic and demographic stochasticity on a species population are 
referred to as patch dynamics. Patch dynamics can have profound effects 
on fragmented subpopulations and can potentially reduce a species' 
respective effective population by orders of magnitude (Gilpin and 
Soul[eacute] 1986, p. 31). For example, an increase in habitat 
fragmentation can separate subpopulations 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,

[[Page 40656]]

p. 31). Furthermore, as a species' status continues to decline, often 
as a result of deterministic forces such as habitat loss or 
overutilization, it will become increasingly vulnerable to a broad 
array of other forces. If this trend continues, its ultimate extinction 
due to one or more stochastic events becomes more likely.
    We expect that the black-hooded antwren's increased vulnerability 
to demographic stochasticity and inbreeding will be operative even in 
the absence of any human-induced threats or stochastic environmental 
events, which only act to further exacerbate the species' vulnerability 
to local extirpations and eventual extinction. Demographic and genetic 
stochastic forces typically operate synergistically. Initial effects of 
one threat factor can later exacerbate the effects of other threat 
factors, as well as itself (Gilpin and Soul[eacute] 1986, pp. 25-26). 
For example, any further fragmentation of the populations will, by 
definition, result in the further removal or dispersal of individuals, 
which will exacerbate the other threats. Conversely, 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.
    Small, isolated populations of wildlife species, such as the black-
hooded antwren, are also susceptible to natural levels of environmental 
variability and related ``catastrophic'' events (e.g., severe storms, 
prolonged drought, extreme cold spells, wildfire), which we will refer 
to as environmental stochasticity (Dunham et al. 1999, p. 9; Mangel and 
Tier 1994, p. 612; Young 1994, pp. 410-412). A single stochastic 
environmental event can severely reduce existing wildlife populations 
and, if the affected population is already small or severely 
fragmented, it is likely that demographic stochasticity or inbreeding 
will become operative, which would place the population in jeopardy 
(Gilpin and Soul[eacute] 1986, p. 27; Lande 1995, pp. 787-789).
Summary of Factor E
    The small and declining numbers that make up the black-hooded 
antwren's population makes it susceptible to natural environmental 
variability or chance events. In addition to its declining numbers, the 
high level of population fragmentation makes the species susceptible to 
genetic and demographic stochasticity. Therefore, we find that 
demographic, genetic, and environmental stochastic events are a threat 
to the continued existence of the black-hooded antwren throughout its 
range.
Status Determination for the Black-hooded Antwren
    We have carefully assessed the best available scientific and 
commercial information regarding the past, present, and potential 
future threats faced by the black-hooded antwren. The species is 
currently at risk throughout all of its range due to ongoing threats of 
habitat destruction and modification (Factor A), and demographic, 
genetic, and environmental stochastic events associated with the 
species' high level of population fragmentation (Factor E). 
Furthermore, we have determined that the existing regulatory mechanisms 
(Factor D) are not adequate to ameliorate the current threats to the 
species.
    Section 3 of the Act defines an ``endangered species'' as ``any 
species which is in danger of extinction throughout all or a 
significant portion of its range'' and a ``threatened species'' as 
``any species which is likely to become an endangered species within 
the foreseeable future throughout all or a significant portion of its 
range.'' Based on the threats to the black-hooded antwren throughout 
its entire range, as described above, we determine that the black-
hooded antwren is in danger of extinction throughout all of its range. 
Therefore, on the basis of the best available scientific and commercial 
information, we are proposing to list the black-hooded antwren as an 
endangered species throughout all of its range.

II. Brazilian Merganser (Mergus Octosetaceus)

Species Description
    The 49-56 cm (19-22 in) (BLI 2007a, p. 1) Brazilian merganser is 
described as resembling a cormorant (Sisk 1993, p. 163). The bird has a 
white wing speculum and red feet. The breast is pale grey with dark 
markings, and there is dark grey coloring in the upper breast (BLI 
2007a, p. 1). The species has a distinctive green crest that extends 
over the nape of the neck (more developed in the male) (Sisk 1993, p. 
163).
Taxonomy
    The Brazilian merganser was first described by Vieillot in 1817 
(Partridge 1956, p. 473). The species belongs in the family Anatidae 
(BLI 2007a, p. 1).
Habitat and Life History
    The Brazilian merganser is highly adapted to shallow, rapid, clear-
water streams and rivers, typically bordered by dense, tropical forest 
(Bruno et al. 2006, p. 26; Collar et al. 1992, pp. 80-86; Ducks 
Unlimited 2007, p. 1; Hughes et al. 2006, p. 23; Partridge 1956, pp. 
478-480; Sibley and Monroe 1990, p. 41). Where suitable riverine 
conditions exist, the Brazilian merganser also occurs in the Cerrado 
biome, which is characterized by open tropical savannah and 
comparatively sparse ``gallery'' forest at the river margins, 
indicating that the species is not strictly tied to tropical forest 
habitats (Bianchi et al. 2005, p. 73; Braz et al. 2003, p. 70).
    Brazilian mergansers are strong swimmers and divers. They typically 
feed in river rapids or in pools adjacent to waterfalls, whereas they 
rest and perch in more slack water areas or at the river edges (Braz et 
al. 2003, p. 70; Hughes et al. 2006, p. 21; Partridge 1956, pp. 481-
482). Brazilian mergansers feed primarily on a variety of fish species, 
with sizes up to approximately 19 cm (7.5 in), and occasionally on 
insects, snails, and other aquatic macro-invertebrates (Hughes et al. 
2006, p. 32; Partridge 1956, p. 483).
    Brazilian mergansers are believed to be monogamous and sedentary. 
Breeding pairs appear to maintain their territories along a stretch of 
river (up to ca. 12 km (7.5 mi)) throughout the year (Braz et al. 2003, 
p. 70; Ducks Unlimited 2007, p. 1; Hughes et al. 2006, pp. 23, 33; 
Partridge 1956, p. 477). The breeding season begins in June and young 
hatch around August (Partridge 1956, p. 487). Females establish their 
nests relatively high up (25 m (82 ft)) in the cavities of tall trees 
that overlook the river and incubate their eggs alone, although males 
are attentive and remain nearby feeding and perching at the river 
shoreline (Bruno et al. 2006, p. 29; Lamas and Santos 2004, p. 38; 
Partridge 1956, pp. 484-485). Females may also locate their nests lower 
down (10 m (33 ft)) in the cavities of cliffs or rocky outcrops near 
preferred riverine habitat in areas where suitable nesting trees are 
absent (Lamas and Santos 2004, pp. 38-39).
Range and Distribution
    The Brazilian merganser occurs in a few fragmented locations in 
south-central Brazil, including the upper-tributaries of rivers within 
the Atlantic Forest biome and to the east in the Cerrado (savanna) 
biome (BLI 2007a, p. 1). The species is a diving duck that occurred 
historically in riverine habitats throughout southeastern Brazil, 
northeastern Argentina, and eastern Paraguay (Hughes et al. 2006, p. 
24). Currently, the species is found in extremely low numbers at six 
highly disjunct localities, of which five are in southeastern Brazil 
and one is in northeastern Argentina and, possibly,

[[Page 40657]]

extreme eastern Paraguay (BLI 2007a, pp. 1-5; Hughes et al. 2006, pp. 
28-31). The vast majority of the species' extant population and 
remaining suitable habitats occur in Brazil, including its largest 
subpopulation that is estimated to contain fewer than 50 individuals 
(BLI 2007a, p. 5).
    The Brazilian merganser is thought to have been extirpated from 
Mato Grosso do Sul, S[atilde]o Paolo, Rio de Janeiro, and Santa 
Catarina (BLI 2007a, pp. 1-2). There is only a single recent record of 
the Brazilian merganser (ca. 2002) in the province of Misiones, 
Argentina, while the last confirmed sighting of the species in Paraguay 
is from 1984 (BLI 2007a, p. 2; Hughes et al. 2006, p. 31). For purposes 
of this proposed rule, our analysis will focus on the most current 
estimates of the species, which are based in Brazil.
    The species likely still occurs in the Brazilian states of 
Tocantins, Bahia, Goi[aacute]s, Minas Gerais, and Paran[aacute] (Hughes 
et al. 2006, pp. 51-52). Along with other recent sightings of the 
species in previously undocumented areas of Brazil (Bianchi et al. 
2005, p. 72; Pineschi 1999, p. 1), this information indicates that the 
Brazilian merganser may be more abundant and widespread than previously 
considered.
Population Estimates
    The extant population is estimated to be between 50 and 249 
individuals and is presumed to be declining, as evidenced by the 
species' recent history of extirpation from major portions of its 
historic range (BLI 2007a, p. 1).
Conservation Status
    IUCN considers the Brazilian merganser to be ``Critically 
Endangered'' because ``although recent records from Brazil, and 
particularly a recent northerly range extension, indicate that this 
species' status is better than previously thought, the remaining 
population is still extremely small and severely fragmented, and the 
perturbation and pollution of rivers continues to cause declines'' (BLI 
2007a, p. 1). In addition, the species occurs in three parks in Brazil 
and in the Urugua[iacute] Provincial Park in Argentina (BLI 2007a, p. 
1).
Summary of Factors Affecting the Brazilian Merganser
A. The Present or Threatened Destruction, Modification, or Curtailment 
of the Species' Habitat or Range
    Based on a number of recent estimates, 92 to 95 percent of the area 
historically covered by tropical forests within the Atlantic Forest 
biome has been converted or severely degraded as a result of various 
human activities (Conservation International 2007a, p. 1; H[ouml]fling 
2007, p. 1; Morellato and Haddad 2000, p. 786; Myers et al. 2000, pp. 
853-854; The Nature Conservancy 2007, p. 1; Saatchi et al. 2001, p. 
868; World Wildlife Fund 2007, pp. 2-41). The Cerrado biome has also 
been heavily impacted by human activities, and current estimates 
indicate that between 67 and 80 percent of the tropical savannah 
habitat historically comprising this biome has been converted or 
severely degraded (Butler 2007, p. 1; Conservation International 2007b, 
p. 1; Mantovani and Pereira 1998, p. 1455; Myers et al. 2000, p. 854; 
World Wildlife Fund 2007, p. 50). In addition to the overall loss and 
degradation of native habitat within these biomes, the remaining tracts 
of habitat are severely fragmented. The current rate of habitat loss in 
the Atlantic Forest and Cerrado biomes is unknown.
    The region has the two largest cities in Brazil, S[atilde]o Paulo 
and Rio de Janeiro, and is home to approximately 70 percent of Brazil's 
169 million people (CEPF 2002; IBGE 2007). The major human activities 
that have resulted in the loss, degradation, and fragmentation of 
native habitats within these biomes include extensive establishment of 
agricultural fields (e.g., soy beans, sugarcane, and corn), plantations 
(e.g., eucalyptus, pine, coffee, cocoa, rubber, and bananas), livestock 
pastures, centers of human habitation, and industrial developments 
(e.g., diamond mining, hydropower reservoirs, and charcoal production). 
Forestry practices (e.g., commercial logging), subsistence activities 
(e.g., collection of fuelwood), and changes in fire frequencies also 
contribute to the degradation of native habitat (BLI 2003a, p. 4; BLI 
2003b, pp. 1-2; Butler 2007, p. 1; Hughes et al. 2006, pp. 37-48; 
J[uacute]nior et al. 1995, p. 147; Nunes and Kraas 2000, p. 44; Pivello 
2007, pp. 1-2; Ratter et al. 1997, pp. 227-228; Saatchi et al. 2001, 
pp. 868-869; World Food Prize 2007, pp. 1-5; World Wildlife Fund 2007, 
pp. 3-51).
    The Brazilian merganser is extremely susceptible to habitat loss 
and degradation, habitat fragmentation, and hydrological changes from 
human activity (Collar et al. 1992, pp. 83-84; Hughes et al. 2006, pp. 
36-41; Silveira 1998, p. 58). The loss of appropriate aquatic and 
terrestrial habitats throughout the historic range of the Brazilian 
merganser due to the above human activities is believed to have 
drastically reduced the species' abundance and extent of occupied 
range, and these activities currently represent a significant risk to 
the species' continued existence because populations are being limited 
to highly fragmented patches of habitat (Benstead 1994, p. 8; Benstead 
et al. 1994, p. 36; BLI 2007a, pp. 1-6; Collar and Andrew 1988, p. 21; 
Collar et al. 1992, pp. 83-84; Collar et al. 1994, p. 51; Hughes et al. 
2006, pp. 37-48; Silveira 1998, pp. 57-58).
    The species is highly adapted to shallow, rapid-flowing riverine 
conditions and, therefore, can not occupy the lacustrine conditions of 
reservoirs that result from dam building activities within their 
occupied range (Hughes et al. 2006, pp. 23, 41). The loss of the 
species' terrestrial habitat has occurred due to the removal of forest 
cover and suitable nesting trees adjacent to occupied river corridors.
    A variety of secondary impacts that degrade suitable habitats have 
also resulted from the above activities and represent significant risks 
to the Brazilian merganser. These secondary impacts include increased 
runoff and severe siltation from agricultural fields, livestock 
pastures, deforestation, diamond mining, and population centers; 
changes in hydrologic conditions and local water tables as a result of 
dam operations (e.g., flood control, power generation) and excessive 
pumping for irrigation or domestic and industrial water use; and 
increases in water pollutants due to agricultural, industrial, and 
domestic waste products (Benstead 1994, p. 8; Bianchi et al. 2005, p. 
73; BLI 2007a, pp. 1-6; Braz et al. 2003, p. 70; Collar et al. 1994, p. 
51; del Hoyo et al. 1992, p. 625; Ducks Unlimited 2007, p. 1; Hughes et 
al. 2006, pp. 40-48; Lamas and Santos 2004, p. 40; Pineschi 1999, p. 
1). These secondary impacts negatively affect the Brazilian merganser 
by reducing water clarity, altering water depths and flow patterns, 
removing or limiting populations of preferred prey species; introducing 
toxic compounds; and creating barriers to movements and producing 
hazardous conditions along river corridors that limit interchange 
between the species' remaining subpopulations (see Factor E). These 
secondary impacts also increase the risk of introducing disease vectors 
and expanding populations of potential predator and competitor species 
into areas occupied by the Brazilian merganser (see Factor C).
Summary of Factor A
    The above mentioned human activities and their secondary impacts 
have significantly reduced the amount of suitable habitat for the 
Brazilian merganser (Benstead 1994, p. 8;

[[Page 40658]]

Benstead et al. 1994, p. 36; BLI 2007a, pp. 1-6; Collar and Andrew 
1988, p. 21; Collar et al. 1992, pp. 83-84; Collar et al. 1994, p. 51; 
Hughes et al. 2006, pp. 37-48; Silveira 1998, pp. 57-58), and the 
remaining areas of occupied habitat are highly fragmented (see Factor 
E). In addition, these activities are ongoing and continue to adversely 
impact all of the remaining suitable habitat within the Atlantic Forest 
and Cerrado biomes that may still harbor the Brazilian merganser (BLI 
2003a, p. 4; BLI 2003b, pp. 1-2; BLI 2007a, pp. 1-7; Brannstrom 2000, 
p. 326; Ducks Unlimited 2007, p. 1; Harris and Pimm 2004, p. 1610; 
Hughes et al. 2006, pp. 37-48; Morellato and Haddad 2000, p. 786; 
Saatchi et al. 2001, pp. 868-873; Tabanez and Viana 2000, pp. 929-932). 
Even with the recent passage of national forest policy and in light of 
many other legal protections in Brazil (see Factor D), the rate of 
habitat loss throughout southeastern Brazil has increased since the 
mid-1990s (CEPF 2001, p. 10; Hodge et al. 1997, p. 1; Rocha et al. 
2005, p. 270). Furthermore, because the Brazilian merganser's extant 
population is already extremely small, highly fragmented, and believed 
to be declining (BLI 2007a, pp. 1-4), any further loss or degradation 
of its remaining suitable habitat will severely impact the species (see 
Factor E). Therefore, we find that destruction and modification of 
habitat are threats to the continued existence of the Brazilian 
merganser throughout its range.
B. Overutilization for Commercial, Recreational, Scientific, or 
Educational Purposes
    Historically, there was likely little range-wide hunting pressure 
on the Brazilian merganser, presumably due to the species' secretive 
nature, naturally low densities in relatively inaccessible areas, and 
poor palatability (Partridge 1956, p. 478). However, low levels of 
subsistence hunting of some local populations still occurs, most 
notably in Argentina (Benstead 1994, p. 8; del Hoyo et al. 1992, p. 
625; Hughes et al. 2006, p. 48).
    Since the first formal description of the species in the early 
1800s, the Brazilian merganser has also been collected for scientific 
study and museum exhibition (BLI 2007a, p. 2; Hughes et al. 2006, p. 
46). Past hunting and specimen collection may have contributed to the 
species' decline in some areas (Hughes et al. 2006, p. 46). These 
activities continue today, although presumably at low levels (Benstead 
1994, p. 8; Hughes et al. 2006, p. 48; Lamas and Santos 2004, p. 39).
Summary of Factor B
    Species collection for scientific study and museum exhibition, and 
hunting, are believed to affect the population of the Brazilian 
merganser. Considering the extremely small size and level of 
fragmentation of the extant Brazilian merganser population, the removal 
or dispersal of any individuals from a local area, or even a slight 
decline in the population's fitness, represent significant risks to the 
species' overall viability (see Factor E). However, we do not have 
information on the extent of species collection or hunting to determine 
whether these activities are a threat to the continued existence of the 
species. As a result, we are not considering overutilization to be a 
contributing factor to the continued existence of the Brazilian 
merganser.
C. Disease or Predation
    Extensive human activity in previously undisturbed or isolated 
areas can lead to the introduction and spread of exotic diseases, some 
of which (e.g., West Nile virus) can negatively impact endemic bird 
populations (Neotropical News 2003, p. 1; Naugle et al. 2004, p. 704). 
In addition, there are a number of suspected predators of the Brazilian 
merganser (Hughes et al. 2006, p. 44; Lamas and Santos 2004, p. 39; 
Partridge 1956, p. 486). Partridge (1956, p. 480) hypothesized that the 
species' distribution may be naturally limited to upper river 
tributaries above waterfalls due to predation of their young by large 
predatory fish, such as the dourado (Salminus brasiliensis, syn. 
maxillosus). Finally, extensive human activity in previously 
undisturbed or isolated areas can result in altered predator or 
competitor (e.g., cormorant (Phalacrocorax sp.)) populations and the 
introduction of various exotic predator species, such as feral dogs 
(Canis familiaris) and game fish like largemouth bass (Micropterus 
salmoides) (Hughes et al. 2006, pp. 44-45).
    The available information indicates that there is a greatly 
expanded human