Endangered and Threatened Wildlife and Plants; Listing Six Foreign Birds as Endangered Throughout Their Range, 286-310 [E9-31101]

Agencies

• Fish and Wildlife Service
• DEPARTMENT OF THE INTERIOR

[Federal Register Volume 75, Number 2 (Tuesday, January 5, 2010)]
[Proposed Rules]
[Pages 286-310]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-31101]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[FWS-R9-ES-2009-0084]
[90100-1660-1FLA B6]
[RIN 1018-AW39]


Endangered and Threatened Wildlife and Plants; Listing Six 
Foreign Birds 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, propose to list the 
following six foreign species found on islands in French Polynesia and 
in Europe, Southeast Asia, and Africa: Cantabrian capercaillie (Tetrao 
urogallus cantabricus); Marquesan Imperial Pigeon (Ducula galeata); the 
Eiao Polynesian warbler (Acrocephalus percernis aquilonis), previously 
referred to as (Acrocephalus mendanae aquilonis); greater adjutant 
(Leptoptilos dubius); Jerdon's courser (Rhinoptilus bitorquatus); and 
slender-billed curlew (Numenius tenuirostris) as endangered, pursuant 
to the Endangered Species Act of 1973, as amended. This proposal, if 
made final, would extend the Act's protection to these species. We seek 
data and comments from the public on this proposed rule.

DATES: To ensure that we are able to consider your comment on this 
proposed rulemaking action, we will accept comments received or 
postmarked on or before March 8, 2010. We must receive requests for 
public hearings, in writing, at the address shown in the FOR FURTHER 
INFORMATION CONTACT section by February 19, 2010.

ADDRESSES: You may submit comments by one of the following methods:
    * Electronically: Go to the Federal eRulemaking Portal: https://www.regulations.gov. In the Keyword box, enter Docket No. FWS-R9-ES-
2009-0084, which is the docket number for this rulemaking. Then, in the 
Search panel on the left side of the screen under the Document Type 
heading, click on the Proposed Rules link to locate this document. You 
may submit a comment by clicking on ``Send a Comment or Submission.''
    * By hard copy: Submit by U.S. mail or hand-delivery to: Public 
Comments Processing, Attn: FWS-R9-ES-2009-0084; Division of Policy and 
Directives Management; U.S. Fish and Wildlife

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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 Comment Procedures section below under SUPPLEMENTARY 
INFORMATION 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-
358-2171; 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.
     Please note that submissions merely stating support for or 
opposition to the action under consideration without providing 
supporting information, although noted, will not be considered in 
making a determination, as section 4(b)(1)(A) of the Act directs that 
determinations as to whether any species is a threatened or endangered 
species must be made ``solely on the basis of the best scientific and 
commercial data available.''
     You may submit your comments and materials concerning this 
proposed rule by one of the methods listed in the ADDRESSES section. We 
will not accept comments sent by e-mail or fax or to an address not 
listed in ADDRESSES. 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. Please note 
that comments submitted to this Web site are not immediately viewable. 
When you submit a comment, the system receives it immediately. However, 
the comment will not be publicly viewable until we post it, which might 
not occur until several days after submission.
     If you 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. To ensure that the 
electronic docket for this rulemaking is complete and all comments we 
receive are publicly available, 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 in two ways:
     (1) You can view them on https://www.regulations.gov. In the Search 
Documents box, enter FWS-R9-ES-2009-0084, which is the docket number 
for this action. Then in the Search panel on the left side of the 
screen, select the type of documents you want to view under the 
Document Type heading.
     (2) You can make an appointment, during normal business hours, to 
view the comments and materials in person at 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 Endangered Species Act of 1973, as 
amended (Act) (16 U.S.C. 1531 et seq.), 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, we must make the finding 
within 90 days following receipt of the petition and must publish it 
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 we have not 
already initiated one 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 actions. Section 
4(b)(3)(C) of the Act requires that when we make a warranted but 
precluded finding on a petition, we are to treat such a petition as one 
that is resubmitted on the date of such finding. Thus, we are required 
to publish new 12-month findings on these ``resubmitted'' petitions on 
an annual basis. We publish an annual notice of resubmitted petition 
findings (annual notice) for all foreign species for which we 
previously found listings to be warranted but precluded.
    In this proposed rule, we propose to list six foreign bird species 
as endangered, under the Act. These species are: Cantabrian 
capercaillie (Tetrao urogallus cantabricus); Marquesan Imperial Pigeon 
(Ducula galeata); Eiao Polynesian warbler (Acrocephalus percernis 
aquilonis), previously referred to as (Acrocephalus mendanae 
aquilonis); greater adjutant (Leptoptilos dubius); Jerdon's courser 
(Rhinoptilus bitorquatus); and slender-billed curlew (Numenius 
tenuirostris). These species range widely from islands in French 
Polynesia to Europe, Southeast Asia, and Africa, and all are considered 
terrestrial species, with one exception, the slender-billed curlew. The 
slender-billed curlew is a water bird that undertakes a long annual 
migration.

Previous Federal Actions

    On November 28, 1980, we received a petition (1980 petition) from 
Dr. Warren B. King, Chairman, U.S. Section of the International Council 
for Bird Preservation (ICBP), to add 70 native and foreign bird species 
to the list of Threatened and Endangered Wildlife (50 CFR 17.11), 
including three species (Cantabrian capercaillie, Marquesan Imperial 
Pigeon, and Eiao Polynesian warbler) that are the subject of this 
proposed rule. Two of the foreign species identified in the petition 
were already listed under the Act. 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 this notice, we found that listing all 58 foreign 
bird species in the 1980 petition was warranted but precluded by higher 
priority listing actions. On May 10, 1985, we published the first 
annual

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notice (50 FR 19761) in which we continued to find that listing all 58 
foreign bird species in the 1980 petition warranted but precluded by 
higher priority listing actions. We published additional annual notices 
on the 58 foreign bird species 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 listing of the Cantabrian 
capercaillie, Marquesan imperial pigeon, and Eiao Polynesian warbler, 
along with the remaining species in the 1980 petition, continued to be 
warranted but precluded.
     On May 6, 1991, we received a petition (1991 petition) from Alison 
Stattersfield, of ICBP, to list 53 additional foreign birds under the 
Act, including the three remaining bird species (greater adjutant, 
Jerdon's courser, and slender-billed curlew) that are the subject of 
this proposed rule. On December 16, 1991, we published a positive 90-
day finding and announced the initiation of a status review of the 53 
foreign birds listed in the 1991 petition (56 FR 65207). On March 28, 
1994 (59 FR 14496), we published a proposed rule to list 30 African 
bird species from both the 1980 and 1991 petitions. In the same Federal 
Register document, we included a notice of findings in which we 
announced our determination that listing the 38 remaining species from 
the 1991 petition was warranted but precluded; this group included 
greater adjutant, Jerdon's courser, and slender-billed curlew. On July 
29, 2008 (73 FR 44062), we published an annual notice of findings on 
resubmitted petitions for foreign species and annual description of 
progress on listing actions within which we ranked species for listing 
by assigning each a Listing Priority Number per our listing priority 
guidelines, published on September 21, 1983 (48 FR 43098). Based on 
this ranking and priorities, we determined that listing the six 
previously petitioned species that are the subject of this proposed 
rule-- Cantabrian capercaillie, Marquesan imperial pigeon, Eiao 
Polynesian warbler, greater adjutant, Jerdon's courser, and slender-
billed curlew-- was warranted.
    On September 8, 2008, we 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 failure to promptly publish listing proposals 
for the 30 warranted species identified in our 2008 Annual Notice of 
Review. 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), we must submit to the Federal Register 
proposed listing rules for the Cantabrian capercaillie, Marquesan 
imperial pigeon, Eiao Polynesian warbler, greater adjutant, Jerdon's 
courser, and slender-billed curlew by December 29, 2009.
     These six species were selected from the list of warranted-but-
precluded species because of the significance and similarity of the 
threats to the species. We assigned all six of these species a listing 
priority ranking number of 2 or 3. Combining species that face similar 
threats into one proposed rule allows us to maximize our limited staff 
resources and thus increases our ability to complete the listing 
process for warranted-but-precluded species.

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. Under section 4(a)(1) of the Act, we may list a species based 
on any of the following five factors: (A) The present or threatened 
destruction, modification, or curtailment of its habitat or range; (B) 
overutilization for commercial, recreational, scientific, or 
educational purposes; (C) disease or predation; (D) the inadequacy of 
existing regulatory mechanisms; 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.
     Despite the fact that global climate changes are occurring and 
affecting habitat, the climate change models that are currently 
available do not yet enable us to make meaningful predictions of 
climate change for specific, local areas (Parmesan and Matthews 2005, 
p. 354). In addition, we do not have models to predict how the climate 
in the range of these Eurasian and Asian bird species will change, and 
we do not know how any change that may occur would affect these 
species. Nor do we have information on past and future weather patterns 
within the specific range of these species. Therefore, based on the 
current lack of information, we did not evaluate climate change as a 
threat to these species. We are, however, seeking additional 
information on this subject (see Public Comment Procedures section) 
that can be used in preparing the final rule.
     Below is a species-by-species description and analysis of the five 
factors. The species are considered in alphabetical order, beginning 
with the Cantabrian capercaillie, followed by the Eiao Polynesian 
warbler, greater adjutant, Jerdon's courser, Marquesan Imperial Pigeon, 
and the slender-billed curlew.

I. Cantabrian capercaillie (Tetrao urogallus cantabricus)

Species Description

     The Cantabrian capercaillie (Tetrao urogallus cantabricus) is a 
subspecies of the western capercaillie (T. urogallus) in the family 
Tetraonidae. The species in general is a large grouse, of 80 to 115 
centimeters (cm) in length (31 to 45 inches (in)), and the female is 
much smaller than the male. The species is characterized by having dark 
gray plumage with fine blackish vermiculation (wavelike pattern) around 
the head and neck. The breast is glossy greenish-black. This bird has a 
long, rounded tail, an ivory white bill, and a scarlet crest (World 
Association of Zoos and Aquaria 2009, unpaginated).
     The Cantabrian capercaillie once existed along the whole of the 
Cantabrian mountain range from northern Portugal through Galicia, 
Astruias, and Leon, to Santander in northern Spain (IUCN Redbook 1979, 
p. 1). Currently its range is restricted to the Cantabrian mountains in 
northwest Spain. The subspecies inhabits an area of 1,700 square 
kilometers (km2) (656 square miles (mi2)), and its range is separated 
from its nearest neighboring subspecies of capercaillie (T. u. 
aquitanus) in the Pyrenees mountains by a distance of more than 300 km 
(186 mi) (Quevedo et al. 2006b, p. 268).
     The Cantabrian capercaillie occurs in mature beech (Fagus 
sylvatica) forest and mixed forests of beech and oaks (Quercus robur, 
Q. petraea, and Q. pyrenaica) at elevations ranging from 800 to 1,800 m 
(2,600 to 5,900 ft). The Cantabrian capercaillie also uses other 
microhabitat types (broom (Genista spp.), meadow, and heath (Erica 
spp.)) selectively throughout the year (Quevedo et al. 2006b, p. 271).
     The species feeds on beech buds, catkins of birch (Betrula alba), 
and holly leaves (Ilex aquifolium). It also feeds on bilberry 
(Vaccinium myrtillus), a commonly eaten component of its diet 
(Rodriguez and Obeso 2000 as reported in Pollo et al. 2005, p. 398).
     Storch et al. estimates the population to be 627 birds, of which 
approximately 500 are adults, according to the most recent population 
data collected from 2000 through 2003 (2006, p. 654). Population 
estimates for species of grouse are commonly assessed by counting males 
that gather during the

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breeding season to sing and display at leks (traditional places where 
males assemble during the mating season and engage in competitive 
displays that attract females). Pollo et al. (2005, p. 397) estimated a 
60-to-70 percent decline in the number of male leks since 1981. This is 
equivalent to an average decline of 3 percent per year, or 22 percent 
over 8 years. There is also evidence of a 30-percent decline in lek 
occupancy in the northern watershed of the species' range between 2000 
and 2005 (Banuelos and Quevedo, unpublished data, as reported in Storch 
et al. 2006, p. 654).
     Based on data collected between 2000 and 2003 by Pollo et al. 
(2005, p. 401), the distribution of Cantabrian capercaillie on the 
southern slope of the Cantabrian Mountains is fragmented into 13 small 
subpopulations: four in the western area and 9 in the eastern. Six 
subpopulations (5 in the eastern and 1 in the western) contained only 
one singing male, which indicates a very small subpopulation, since 
presence of singing males is a direct correlate to population numbers.
     The area occupied by Cantabrian capercaillie in 1981-1982 covered 
up to approximately 2,070 km2 (799 mi2) of the southern slope 972 km2 
(375 mi2) in the west and 1,098 km2 (424 mi2) in the east). Between 
2000 and 2003, the area of occupancy had declined to 693 km2 (268 mi2), 
specifically 413 km2 (159 mi2) in the west and 280 km2 (108 mi2) in the 
east. Thus, over a 22-year period, there was a 66-percent reduction in 
the areas occupied by this subspecies on the southern slope of the 
Cantabrian Mountains (Pollo et al. 2005, p. 401). Based on this data, 
the subpopulation in the eastern portion of the range appears to be 
declining at a faster rate than the subpopulation in the western 
portion of the range.

Conservation Status

    Although Storch, et al. 2006 (p. 653) noted that the Cantabrian 
capercaillie meets the criteria to be listed as ``Endangered'' on the 
IUCN Redlist due to ``rapid population declines, small population size, 
and severely fragmented range,'' it is currently not classified as such 
by the IUCN. The species is classified as ``vulnerable'' in Spain under 
the National Catalog of Endangered Species. The species has not been 
formally considered for listing in the CITES Appendices (https://www.cites.org).

Summary of Factors Affecting the Cantabrian Capercaillie

A. Present or threatened destruction, modification, or curtailment of 
habitat or range

     Numerous limiting factors influence the population dynamics of the 
capercaillie throughout its range, including habitat degradation, loss, 
and fragmentation (Storch 2000, p. 83; 2007, p. 96). Forest structure 
plays an important role in determining habitat suitability and 
occupancy. Quevedo et al. (2006b, p. 274) found that open forest 
structure with well-distributed bilberry shrubs were the preferred 
habitat type of Cantabrian capercaillie. Management of forest resources 
for timber production has caused and continues to cause significant 
changes in forest structure such as: species composition, density and 
height of tress, forest patch size, and understory vegetation (Pollo et 
al. 2005, p. 406).
     The historic range occupied by this subspecies (3,500 km2 (1,350 
mi2)) has declined by more than 50 percent (Quevedo et al. 2006b, p. 
268). The current range is severely fragmented, with low forest habitat 
cover (22 percent of the landscape) and most of the suitable habitat 
remaining in small patches less than 10 hectares (ha) (25 acres (ac)) 
in size (Garcia et al. 2005, p. 34). Patches of good-quality habitat 
are scarce and discontinuous, particularly in the central parts of the 
range (Quevedo et al. 2006b, p. 269), and leks in the smaller forest 
patches have been abandoned during the last few decades. The leks that 
remain occupied are now located farther from forest edges than those 
occupied in the 1980s (Quevedo et al. 2006b, p. 271).
     Based on population surveys, forest fragments containing occupied 
leks in 2000 were significantly larger than fragments containing leks 
in the 1980s that have since been abandoned (Quevedo et al. 2006b, p. 
271). The forest fragments from which the Cantabrian capercaillie has 
disappeared since the 1980s are small in size, and are the most 
isolated from other forest patches. In addition, the Cantabrian 
capercaillie have disappeared from forest patches located closest to 
the edge of the range in both the eastern and western subpopulations of 
the south slope of the Cantabrian Mountains, suggesting that forest 
fragmentation is playing an important role in the population dynamics 
of this subspecies (Quevedo et al. 2006b, p. 271). Research conducted 
on other subspecies of capercaillie indicate that the size of forest 
patches is correlated to the number of males that gather in leks to 
display, and that below a certain forest patch size, leks are abandoned 
(Quevedo et al. 2006b, p. 273).
     In highly fragmented landscapes, forest patches are embedded in a 
matrix of other habitats, and forest dwellers like capercaillies 
frequently encounter open areas within their home range. Quevedo et al. 
(2006a, p. 197) developed a habitat suitability model for the Cantarian 
capercaillie that assessed the relationship between forest patch size 
and occupancy. He determined that the subspecies still remains in 
habitat units that show habitat suitability indices below the cut-off 
values of the two best predictive models (decline and general), which 
may indicate a high risk of local extinction. Other researchers 
suggested that, should further habitat or connectivity loss occur, the 
Cantabrian capercaillie population may become so disaggregated that the 
few isolated subpopulations will be too small to ensure their own long-
term persistence (Grimm and Storch 2000, p. 224).
     A demographic model based on Bavarian alpine populations of 
capercaillie suggest a minimum viable population size of the order of 
500 birds (Grimm and Storch 2000, p. 222). However, genetic data show 
clear signs of reduced variability in populations with numbers of 
individuals in the range of fewer than 1,000 birds, which indicates 
that a demographic minimum population of 500 birds may be too small to 
maintain high genetic variability (Segelbacher et al. 2003, p. 1779). 
Genetic consequences of habitat fragmentation exist for this species in 
the form of increased genetic differentiation due to increased 
isolation of populations (Segelbacher et al. 2003, p. 1779). Therefore, 
anthropogenic habitat deterioration and fragmentation not only leads to 
range contractions and extinctions, but may also have significant 
genetic, and thus, evolutionary consequences for the surviving 
populations (Segelbacher et al. 2003, p. 1779).
Summary of Factor A
     Recent population surveys show this subspecies is continuing to 
decline throughout its current range, and subpopulations may be 
isolated from one another due to range contractions in the eastern and 
western portions of its range, leaving the central portion of the 
subspecies range abandoned (Pollo et al. 2005, p. 401). Some remaining 
populations may already have a high risk of local extinction (Quevedo 
et al. 2006a, p. 197). Management of forest resources for timber 
production continues to negatively affect forest structure, thereby 
affecting the quality,

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quantity, and distribution of suitable habitat available for this 
subspecies. In addition, the structure of the matrix of habitats 
located between forest patches is likely affecting the ability of 
capercaillies to disperse between subpopulations. Therefore, we find 
that present or threatened destruction, modification, or curtailment of 
the habitat or range is a threat to the continued existence of the 
Cantabrian capercaillie throughout its range.

B. Overutilization for commercial, recreational, scientific, or 
educational purposes

     Currently hunting of the Cantabrian capercaillie is illegal in 
Spain; however, illegal hunting still occurs (Storch 2000, p. 83; 2007, 
p. 96). Because this species congregates in leks, individuals are 
particularly easy targets, and poaching of protected grouse is 
considered common (Storch 2000, p. 15). It is unknown what the 
incidence of poaching is or what impact it is having on this 
subspecies; however, given the limited number of birds remaining and 
the reduced genetic variability already evident at current population 
levels, the further loss of breeding adults could have substantial 
impact on the subspecies. Therefore, we find that overutilization for 
recreational purposes is a threat to the continued existence of the 
Cantabrian capercaillie throughout its range.

C. Disease or predation

     Diseases and parasites have been proposed as factors associated 
with the decline of populations of other species within the same family 
of birds as the capercaillie (Tetraonidae) (Obeso et al. 2000, p. 191). 
In an attempt to determine if parasites were contributing to the 
decline of the Cantabrian capercaillie, researchers collected and 
analyzed fecal samples in 1998 from various localities across the range 
of this subspecies. The prevalence of common parasites (Eimeria sp. and 
Capillaria sp.) was present in 58 percent and 25 percent of the samples 
collected, respectively. However, both the intensity and average 
intensity of these parasites were very low compared to other 
populations of species of birds in the Tetraonidae family. Other 
parasites were found infrequently. The researchers concluded that it 
was unlikely that intestinal parasites were causing the decline of the 
Cantebrian capercaillie.
     Based on the information above, we do not believe that parasite 
infestations are a significant factor in the decline of this 
subspecies. We are not aware of any species-specific information 
currently available that indicates that predation poses a threat to the 
species. Therefore, we are not considering disease or predation to be 
contributing threats to the continued existence of the Cantabrian 
capercaillie throughout its range.

D. Inadequacy of existing regulatory mechanisms

     Although it meets the qualifications, the Cantabrian capercaillie 
is currently not classified as endangered by the IUCN. Nor is the 
species listed under any Appendix of the Convention on International 
Trade in Endangered Species of Wild Fauna and Flora (CITES).
     This subspecies is currently classified as ``vulnerable'' in Spain 
under the National Catalog of Endangered Species, which affords it 
special protection (e.g., additional regulation of activities in the 
forests of its range, regulation of trails and roads in the area, 
elimination of poaching, and protection of areas important to young). 
Although it is classified as vulnerable, as mentioned above (see Factor 
B), illegal hunting still occurs.
     The European Union (EU) Habitat Directive 92/43/EEC addresses the 
protection of habitat and species listed as endangered at the European 
scale (European Union 2008). Several habitat types valuable to 
capercaillie have been included in this Directive, such as in Appendix 
I, Section 9, Forests. The EU Bird Directive (79/407/EEC) lists the 
capercaillie in Annex I as a ``species that shall be subject to special 
habitat conservation measures in order to ensure their survival.'' 
Under this Directive, a network of Special Protected Areas (SPAs) 
comprising suitable habitat for Annex I species is to be designated. 
This network of SPAs and other protected sites are collectively 
referred to as Natura 2000. Several countries in Europe, including 
Spain, are in the process of establishing the network of SPAs. The 
remaining Cantabrian capercaillie populations occur primarily in 
recently established Natural Reserves in Spain that are part of the 
Natura 2000 network (Muniellos Biosphere Reserve). Management of 
natural resources by local communities is still allowed in areas 
designated as an SPA; however, the development of management plans to 
meet the various objectives of the Reserve network is required.
     This subspecies is also afforded special protection under the Bern 
Convention (Convention on the Conservation of European Wildlife and 
Natural Habitats; European Treaty Series/104; Council of Europe 1979). 
The Cantabrian capercaillie is listed as ``strictly protected'' under 
Appendix II, which requires member states to ensure the conservation of 
the listed taxa and their habitats. Under this Convention, protections 
of Appendix-II species include the prohibition of: The deliberate 
capture, keeping and killing of the species; deliberate damage or 
destruction of breeding sites; deliberate disturbance during the 
breeding season; deliberate taking or destruction of eggs; and the 
possession or trade of any individual of the species. We were unable to 
find information on the effectiveness of this designation in preventing 
further loss of Cantabrian capercaillie or its habitat.
     In November 2003, Spain enacted the ``Forest Law,'' which 
addresses the preservation and improvement of the forest and rangelands 
in Spain. This law requires development of plans for the management of 
forest resources, which are to include plans for fighting forest fires, 
establishment of danger zones based on fire risk, formulation of a 
defense plan in each established danger zone, the mandatory restoration 
of burned area, and the prohibition of changing forest use of a burned 
area into other uses for a period of 30 years. In addition, this law 
provides economic incentives for sustainable forest management by 
private landowners and local entities. We do not have information on 
the effectiveness of this law with regard to its ability to prevent 
negative impacts to Cantabrian capercaillie habitat.
Summary of Factor D
     Despite recent advances in protection of this subspecies and its 
habitat through EU Directives and protection under Spanish law and 
regulation, illegal poaching still occurs (Storch 2000, p. 83; 2007, p. 
96). Further, we were unable to find information on the effectiveness 
of many of these measures at reducing threats to the species. 
Therefore, we find that existing regulatory mechanisms are inadequate 
to ameliorate the current threats to the Cantabrian capercaillie 
throughout its range.

E. Other natural or manmade factors affecting the species' continued 
existence

     Suarez-Seoane and Roves (2004, pp. 395, 401) assessed the 
potential impacts of human disturbances in core populations of 
Cantabrian capercaillie in Natural Reserves in Spain. They found that 
locations selected as leks were located at the core of larger patches 
of forest and were less subject to human disturbance. They also found

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that Cantabrian capercaillie disappeared from leks situated in rolling 
hills at lower altitudes closer to houses, hunting sites, and 
repeatedly burned areas.
     Recurring fires have also been implicated as a factor in the 
decline of the subspecies. An average of 85,652 ha (211,650 ac) of 
forested area per year over a 10-year period (1995-2005) has been 
consumed by fire in Spain (Lloyd 2007a, p. 1). On average, 80 percent 
of all fires in Spain are set intentionally by humans (Lloyd 2007a, p. 
1). Suarez-Seoane and Garcia-Roves (2004, p. 405) found that the 
stability of Cantabrian capercaillie breeding areas throughout a 20-
year period was mainly related to low fire recurrence in the 
surrounding area and few houses nearby. In addition, the species avoids 
areas that are recurrently burned because the areas lose their ability 
to regenerate and cannot produce the habitat the species requires 
(Suarez-Seoane and Garcia-Roves 2004, p. 406). We were unable to find 
information as to how many hectares of suitable Cantabrian capercaillie 
habitat is consumed by fire each year. However, since the species 
requires a low recurrence of fire, and both disturbance and fire 
frequency are likely to increase with human presence, this could be a 
potential threat to both habitat and individual birds where there is a 
high prevalence of disturbance and fire frequency.
     In summary, disturbance from humans appears to impact the species; 
birds are typically found in areas of less anthropogenic disturbance 
and further from homes. Natural Protected Areas in Spain have seen an 
increase in human use for recreation and hunting. As human population 
centers expand and move closer to occupied habitat areas, increased 
disturbance to important breeding, feeding, and sheltering behaviors of 
this species is expected to occur. Additionally, as human presence 
increases, it is likely that both fires and disturbances will increase. 
Either or both of these factors have the potential to impact both 
individuals and their habitat. Therefore, we conclude that other 
natural or manmade factors affecting the continued existence of the 
species, in the form of forest fires and disturbance, are threats to 
the continued existence of the Cantabrian capercaillie throughout its 
range.

Status Determination for the Cantabrian Capercaillie

     We have carefully assessed the best available scientific and 
commercial information regarding the past, present, and potential 
future threats faced by the Cantabrian capercaillie. The species is 
currently at risk throughout all of its range due to ongoing threats of 
habitat destruction and modification (Factor A), inadequacy of existing 
regulatory mechanisms (Factor D), and other natural or manmade factors 
affecting its continued existence in the form of forest fires and 
disturbance (Factor E).
     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 magnitude of the ongoing threats to the 
Cantabrian capercaillie throughout its entire range, as described 
above, we determine that this subspecies is in danger of extinction 
throughout all of its range. Therefore, on the basis of the best 
available scientific and commercial information, we propose to list the 
Cantabrian capercaillie as an endangered species throughout all of its 
range. Because we find that the Cantabrian capercaillie is endangered 
throughout all of its range, there is no reason to consider its status 
in a significant portion of its range.

II. Eiao Polynesian warbler (Acrocephalus percernis aquilonis), 
previously referred to as Acrocephalus mendanae aquilonis and 
Acrocephalus caffer aquilonis

Species Description

     Due to the similarity of the reed-warblers of Polynesia, all of 
these warblers were once considered a single, widespread species known 
as the long-billed reed-warbler (Acrocephalus caffer). The 1980 
petition from Dr. Warren B. King included the Eiao Polynesian warbler 
(Acrocephalus caffer aquilonis), a subspecies of reed-warbler. The 
subspecies aquilonis denoted those warblers found on Eiao Island. The 
species was later split into three separate species: those of the 
Society Islands (Acrocephalus caffer), Tuamotu (A. atyphus), and 
Marquesas (A. mendanae) (Cibois et al. 2007, p. 1151). This subspecies 
then became known as A. mendanae aquilonis. Recent genetic research on 
Marquesan reed-warblers found two independent lineages: warblers found 
in the northern islands of the Marquesas Archipelago (Nuku Hiva, Eiao, 
Hatuta'a, and Ua Huka) and those found on the southern islands (Hiva 
Oa, Tahuata, Ua Pou, and Fatu Iva). As a result, the Marquesas species 
was split into two separate species; those of the four most northern 
islands (A. percernis) and those in the southern islands (A. mendanae). 
The reed-warblers found on Eiao are now classified as a subspecies of 
Northern Marquesan reed-warblers (A. percernis aquilonis) (Cibois et 
al. 2007, pp. 1155, 1160).
     The Eiao Polynesian warbler (Eiao warbler) is a large, 
insectivorous reed-warbler of the family Acrocephalidae. It is 
characterized by brown plumage with bright yellow underparts (Cibois et 
al. 2007, p. 1151). The Eiao warbler is endemic to the island of Eiao 
in the French Polynesian Marquesas Archipelago in the Pacific Ocean. 
The Marquesas Archipelago is a territory of France located 
approximately 1,600 km (994 mi) northeast of Tahiti. Eiao Island is one 
of the northernmost islands in the Archipelago and encompasses 40 km2 
(15 mi).
     Population densities of the Eiao warbler are thought to be high 
within the remaining suitable habitat; one singing bird was found 
nearly every 40-50 m (131-164 ft). The total population is estimated at 
more than 2,000 birds (Raust 2007, pers. comm.). This population 
estimate is much larger than the 100-200 individuals last reported in 
1987 by Thibault (as reported in USFWS 2007). It is unknown if the 
population actually increased from 1987 to 2007, or if the differences 
in the population estimates are a result of using different survey 
methodologies. We have no reliable information on the population trend 
of this subspecies.
    Reed-warblers of the Polynesian islands utilize various habitats, 
ranging from shrubby vegetation in dry, lowland areas to humid forest 
in wet montane areas (Cibois et al. 2007, pp. 1151, 1153). Reed-
warblers in general display strong territorial behavior (Cibois et al. 
2007, p. 1152). The Eiao warbler is a subspecies of Northern Marquesan 
reed- warblers, which at one time were all considered one species, the 
Marquesan reed-warbler. Like other reed-warblers, the female reed-
warbler builds the nest with little or no help from the male. Vines, 
coconut fiber, and grasses are the most common nesting material (Mosher 
and Fancy 2002, p. 8). Warbler nests are found in the tops of trees and 
on vertical branches (Thibault et al. 2002, pp. 166, 169). Eggs of 
Pacific island reed-warblers range from blue to olive, containing black 
or brown spots, and the clutch size for Marquesan reed-warblers is up 
to five eggs (Mosher and Fancy 2002, p. 9).

Conservation Status

     Marquesan reed-warblers (A. mendanae) are classified as ``of least 
concern'' by the IUCN (IUCN 2009a, unpaginated). However, it appears 
that the recent split of the Marquesan reed-

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warblers into the Northern and Southern Marquesan reed-warblers is not 
yet reflected in the IUCN assessment. Northern Marquesan reed-warblers 
(A. percernis) are protected under Law Number 95-257 in French 
Polynesia. The species has not been formally considered for listing in 
the CITES Appendices (https://www.cites.org).

Summary of Factors Affecting the Species

A. Present or threatened destruction, modification, or curtailment of 
habitat or range

     Eiao Island was declared a Nature Reserve in 1971 and is not 
currently inhabited by humans. However, the entire island has been 
heavily impacted by introduced domestic livestock that have become 
feral (Manu 2009, unpaginated). Feral sheep have been identified as the 
main threat to the forest on the island (Thibault et al. 2002, p. 167). 
Sheep and pigs have devastated much of the vegetation and soil on Eiao, 
and native plant species have been largely replaced by introduced 
species (Merlin and Juvik 1992, pp. 604-606). Sheep have overgrazed the 
island, leaving areas completely denuded of vegetation. The exposed 
soil erodes from rainfall, further preventing native plants from 
regenerating (WWF 2001, unpaginated). Currently, only 10-20 percent of 
the island contains suitable habitat for the Eiao warbler (Raust 2007, 
pers. comm.). These areas of suitable habitat are likely restricted to 
small refugia inaccessible to the feral livestock. We are not aware of 
any current efforts or future plans to reduce the number of feral 
domestic livestock on the island.
     In summary, the ongoing habitat degradation from overgrazing 
livestock continues to have significant and ongoing impacts to the 
natural habitat for this subspecies. The current level of grazing on 
the island prevents recovery of native vegetation. Without active 
management of the feral livestock population on the island, the 
population of Eiao warblers will continue to be restricted to small 
portions of the island which are inaccessible to the feral livestock. 
Furthermore, although the current estimated population is 2,000 
individuals, the subspecies will not be able to expand to the rest of 
the island and recover beyond this current population level due to 
habitat loss. Because the Eiao warbler is limited to one small island, 
the continuing loss of habitat makes this subspecies extremely 
vulnerable to extinction. Therefore, we find that present or threatened 
destruction, modification, or curtailment of the habitat or range are 
threats to the continued existence of the Eiao warbler throughout its 
range.

B. Overutilization for commercial, recreational, scientific, or 
educational purposes

    We are unaware of any information currently available that 
indicates the use of this subspecies for any commercial, recreational, 
scientific, or educational purpose. As a result, we are not considering 
overutilization for commercial, recreational, scientific, or 
educational purposes to be a contributing factor to the continued 
existence of the Eiao warbler throughout its range.

C. Disease or predation

     Avian diseases are a concern for species with restricted ranges 
and small populations, especially if the species is restricted to an 
island. Hawaii's avian malaria is a limiting factor for many species of 
native passerines and is dominant on other remote oceanic islands, 
including French Polynesia (Beadell et al. 2006, p. 2935). This strain 
was found in 9 out of 11 Marquesan reed-warblers collected on Nuku Hiva 
in 1987. However, because these birds were thought to be more robust 
(all Marquesan reed-warblers were considered A. mendanae), avian 
malaria was not thought to pose a threat to the species (Beadell et al. 
2006, p. 2940). We have no data on whether Hawaii's avian malaria is 
present on Eiao or what effects it may have on the population of reed-
warblers.
     Black rats (Rattus rattus) were introduced to Eiao, Nuku Hiva, Ua 
Pou, Hiva Oa, Tahuata, and Fatu Iva of the Marquesas Archipelago in the 
early 20th century (Cibois et al. 2007, p. 1159); although Thibault et 
al. (2002, p. 169) state that the presence of black rats on Eiao is 
only suspected. A connection between the presence of rats and the 
decline and extirpation of birds has been well documented (Blanvillain 
et al. 2002, p. 146; Thibault et al. 2002, p 162; Meyer and Butaud 
2009, pp. 1169-1170). Specifically, predation on eggs, nestlings, or 
adults by rats has been implicated as an important factor in the 
extinction of Pacific island birds (Thibault et al. 2002, p. 162). 
However, Thibault et al. (2002, pp. 165, 169) did not find a 
significant effect of rats on the abundance of Polynesian warblers. It 
is thought that the position of warbler nests on vertical branches 
close to the tops of trees makes them less accessible to rats (Thibault 
et al. 2002, p. 169), even though rats are known to be good climbers.
     The common myna (Acridotheres tristis), an introduced bird 
species, may contribute to the spread of invasive plant species by 
consuming their fruit and may also prey on the eggs and nestlings of 
native birds species or out-compete native bird species for nesting 
sites. The myna is thought to have contributed to the decline of 
another reed-warbler endemic to the Marquesas (A. caffer mendanae) 
(Global Invasive Species Database 2009, unpaginated). Mynas do not 
currently occur on Eiao Island. Furthermore, Thibault et al. (2002, p. 
165) found no significant effect of mynas on Polynesian warblers in 
Marquesas. If the myna expands its range and colonizes Eiao Island, it 
is unknown to what extent predation would affect the Eiao warbler.
    In summary, although the presence of avian malaria has been 
documented on Eiao and the presence of introduced rats is suspected, 
there is no data indicating that either is affecting the warbler 
population on Eiao. Nest location appears to be high enough in the 
trees to avoid significant predation from the introduced rat. Mynas are 
not known to inhabit Eiao Island, and it is not clear that they would 
negatively impact the warbler population if they were to colonize Eiao. 
Therefore, we find that disease and predation are not a threat to the 
continued existence of the Eiao warbler throughout its range.

D. Inadequacy of existing regulatory mechanisms

    The Eiao warbler is a protected species in French Polynesia. 
Northern Marquesan reed-warblers (A. percernis) are classified as a 
Category A species under Law Number 95-257. Article 16 of this law 
prohibits the collection and exportation of species listed under 
Category A. In addition, under part 23 of Law 95-257, the introduced 
myna bird species, which is commonly known to outcompete other bird 
species, is considered a danger to the local avifauna and is listed as 
``threatening biodiversity.'' Part 23 also prohibits importation of all 
new specimens of species listed as ``threatening biodiversity,'' and 
translocation from one island to another is prohibited.
     The French Environmental Code, Article L411-1, prohibits the 
destruction or poaching of eggs or nests; mutilation, destruction, 
capture or poaching, intentional disturbance, the practice of 
taxidermy, transport, peddling, use, possession, offer for sale, and 
the sale or the purchase of nondomestic species in need of 
conservation. It also prohibits the destruction, alteration, or 
degradation of habitat for these species.

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    Hunting and destruction of all species of birds in French Polynesia 
were prohibited by a 1967 decree (Villard et al. 2003, p. 193); 
however, destruction of birds which have been listed as ``threatening 
biodiversity'' is legal. Furthermore, restrictions on possession of 
firearms in Marquesas are in place (Thorsen et al. 2002, p. 10). 
Hunting is not known to be a threat to the survival of this subspecies.
     In addition, the entire island Eiao Island was declared an 
officially protected area in 1971. It is classified as Category IV, an 
area managed for habitat or species. However, of the nine protected 
areas in French Polynesia, only one (Vaikivi on Ua Huka) is actively 
managed (Manu 2009, unpaginated).
     In summary, regulations exist that protect the subspecies and its 
habitat. However, as described under Factor A, habitat destruction 
continues to threaten this subspecies. Although legal protections are 
in place, there are none effectively protecting the suitable habitat on 
the island from damage from overgrazing sheep as described in Factor A. 
Therefore, we find that the existing regulatory mechanisms are 
inadequate to ameliorate the current threats to the Eiao warbler 
throughout its range.

E. Other natural or manmade factors affecting the species' continued 
existence

     Island populations have a higher risk of extinction than mainland 
populations. Ninety percent of bird species that have been driven to 
extinction were island species (as cited in Frankham 1997, p. 311). 
Based on genetics alone, endemic island species are predicted to have 
higher extinction rates than nonendemic island populations (Frankham 
2007, p. 321). Small, isolated populations may experience decreased 
demographic viability (population birth and death rates, immigration 
and emigration rates, and sex ratios), increased susceptibility of 
extinction from stochastic environmental factors (e.g., weather events, 
disease), and an increased threat of extinction from genetic isolation 
and subsequent inbreeding depression and genetic drift.
     Although the population of Eiao warblers appears to be stable, the 
subspecies is found on only one island and is vulnerable to stochastic 
events. Furthermore, the warblers are limited to the fraction of the 
island's area that contains suitable habitat. Eradication of feral 
livestock is needed to allow recovery of native vegetation and provide 
additional suitable habitat throughout the island. Expansion and 
recovery of native vegetation will permit the subspecies to recover 
beyond the current population of 2,000 individuals and buffer the 
subspecies against impacts from stochastic events.
    In summary, the limited range of the Eiao warbler makes this 
subspecies extremely vulnerable to stochastic events and, therefore, 
extinction. Additional habitat is needed to expand the population and 
buffer the subspecies from the detrimental effects typical of small 
island populations. Therefore, we find that other natural or manmade 
factors threaten the continued existence of the Eiao warbler throughout 
its range.

Status Determination for the Eiao Polynesian Warbler

     We have carefully assessed the best available scientific and 
commercial information regarding the past, present, and potential 
future threats faced by the Eiao Polynesian warbler. The subspecies is 
currently at risk on Eiao Island due to ongoing threats of habitat 
destruction and modification (Factor A) and stochastic events 
associated with the subspecies' restricted range (Factor E). 
Furthermore, we have determined that the existing regulatory mechanisms 
(Factor D) are not adequate to ameliorate the current threats to the 
subspecies.
     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 magnitude of the ongoing threats to the Eiao 
Polynesian warbler throughout its entire range, as described above, we 
determine that this subspecies is in danger of extinction throughout 
all of its range. Therefore, on the basis of the best available 
scientific and commercial information, we propose to list the Eiao 
Polynesian warbler as an endangered subspecies throughout all of its 
range. Because we find that the Eiao Polynesian warbler is endangered 
throughout all of its range, there is no reason to consider its status 
in a significant portion of its range.

III. Greater Adjutant (Leptoptilos dubiu)

Species Description

     The greater adjutant (Leptoptilos dubius) is a very large (145 to 
150 cm long (4.7 to 4.9 ft)) species of stork in the family Ciconiidae. 
This species is characterized by a naked pink head and a low-hanging 
neck pouch. Its bill is very thick and yellow in color. The plumage 
ruff of the neck is white, and other than a pale grey leading edge on 
each wing, the rest of the greater adjutant's body is dark grey 
(Birdlife International (BLI) 2009a, unpaginated).
     This species of bird once was common across much of Southeast 
Asia, occurring in India, Bangladesh, Burma, Thailand, Cambodia, 
Malaysia, Myanmar, Vietnam, Sumatra, Java, and Borneo. Large breeding 
colonies occurred in Myanmar; however, this colony collapsed in the 
mid-1900s (Singha and Rahmani 2006, p. 264).
     The current distribution of this species consists of two breeding 
populations, one in India and the other in Cambodia. Recent sighting 
records of this species from the neighboring countries of Nepal, 
Bangladesh, Vietnam, and Thailand are presumed to be wandering birds 
from one of the two populations in India and Cambodia (BLI 2009a, 
unpaginated).
     India: The most recent range-wide population estimate for this 
species in India (600 to 800 birds) comes from data collected in 1995 
through 1996 (Singha et al. 2003, p. 146). Approximately 11 breeding 
sites are located in the Brahmaputra Valley in the State of Assam 
(Singha et al. 2003, p.147). Recent information indicates that 
populations of this species continue to decline in India. At two 
breeding sites near the city of Guwahati in the State of Assam, the 
most recent survey data show that the number of breeding birds has 
declined from 247 birds in 2005 to 118 birds in 2007 (Hindu 2007, 
unpaginated).
     In India, much of the greater adjutant's native habitat has been 
lost. The greater adjutant uses habitat in three national parks in 
India; however, almost all nesting colonies in India are found outside 
of the national parks. The greater adjutant often occurs close to urban 
areas; the species feeds in and around wetlands in the breeding season, 
and disperses to scavenge at trash dumps, burial grounds, and slaughter 
houses at other times of the year. The natural diet of the greater 
adjutant consists primarily of fish, frogs, reptiles, small mammals and 
birds, crustaceans, and carrion (Singha and Rahmani 2006, p. 266).
     This species breeds in colonies during the dry season (winter) in 
stands of tall trees near water sources. In India, the greater adjutant 
prefers to nest in large, widely branched trees in a tightly spaced 
colony with little foliage cover and food sources nearby (Singha et al. 
2002, p. 214). The breeding sites are also commonly associated with 
bamboo forests which provide protection from

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heavy rain during the pre-monsoon season (Singha et al. 2002, p. 218). 
Each adult female greater adjutant commonly lays two eggs each year 
(Singha and Rahmani 2006, p. 266).
     Cambodia: Currently there are two known breeding populations in 
Cambodia. The larger of these two populations occurs in the Tonle Sap 
Biosphere Reserve (TSBR) near Tonle Sap Lake and has recently been 
estimated at 77 breeding pairs (Clements et al. 2007, p. 7). The Tonle 
Sap floodplain (and associated rivers) is considered one of the few 
remaining remnants of freshwater swamp forest in the region. 
Approximately 5,490 km2 (2,120 mi2) of the freshwater swamp forest 
ecoregion is protected in Cambodia. Of this amount, the Tonle Sap Great 
Lake Protected Area (which includes the Tonle Sap floodplain) makes up 
5,420 km2 (2,092 mi2) of that protected habitat (WWF 2007, p. 3).
     A smaller population of greater adjutants was recently discovered 
in the Kulen Promtep Wildlife Sanctuary in the Northern Plains of 
Cambodia. This population has been estimated at 40 birds (Clements 
2008, pers. comm.; BLI 2009, unpaginated). Although other breeding 
sites have not yet been found in Cambodia, researchers expect that the 
greater adjutant may nest along the Mekong River in the eastern 
provinces of Mondulkiri, Ratanakiri, Stung Treng, and Kratie in 
Cambodia (Clement 2008, pers. comm.).
     In Cambodia, the greater adjutant breeds in freshwater flooded 
forest, and disperses to seasonally inundated forest, tall wet 
grasslands, mangroves, and intertidal flats to forage. These forests 
are characterized by deciduous tropical hardwoods (Dipterocarpaceae 
family) and semi-evergreen forest (containing a mix of deciduous and 
evergreen trees) interspersed with meadows, ponds, and other wetlands 
(WWF 2006b, p. 1).

Conservation Status

     The IUCN classifies the greater adjutant as critically endangered. 
In India, the greater adjutant is listed under Schedule I of the Indian 
Wildlife Protection Act of 1972. The species is not listed in the 
Appendices of CITES (https://www.cites.org).

Summary of Factors Affecting the Greater Adjutant

A. Present or threatened destruction, modification, or curtailment of 
habitat or range

     India: The greater adjutant occurs in Kaziranga, Manas, and 
Diburu-Saikhowa National Parks. However, nearly all breeding sites for 
this species are located outside of protected areas (Singha et al. 
2003, p. 148). The ongoing loss of habitat through habitat conversion 
for development and agriculture is a primary threat to the greater 
adjutant. The clearing of trees that are suitable for breeding sites is 
a serious threat to this species. The recent decline in the population 
at the breeding colonies near Guwahai, India, is believed to be caused 
by tree removal at the breeding site and filling of wetlands in an area 
near the city that had been used by the greater adjutant as feeding 
areas (Hindu 2007, unpaginated). These activities were undertaken for 
the purpose of expanding residential developments in the city. The 
species is also seasonally dependent on wetlands for forage. These 
sites are impacted in India by drainage, encroachment, and overfishing. 
For instance, some sites have reportedly experienced encroachment from 
rice cultivation (BLI 2001, p. 284).
     Singha et al. 2002 (pp. 218-219) found that preferred nest trees 
were significantly larger and different in structure to non-nest trees 
near Nagaon in central Assam. The nest trees were large and widely 
branched with thin foliage cover (Singha et al. 2002, p. 214). 
Researchers believe that removal of preferred nesting trees at breeding 
may result in adjutants nesting in suboptimal trees at existing nest 
sites or relocating to other suboptimal nest sites. The trees and their 
limbs at suboptimal breeding sites are smaller in diameter, and the 
structure of the limbs does not always support the combined weight of 
the nest, adults, and chicks. As chicks grow older, nest limbs often 
break, sending the half grown chicks tumbling from the nest. 
Approximately 15 percent of chicks die after falling from their nests, 
for a variety of causes, including injuries and abandonment (Singha et 
al. 2006, p. 315). Some efforts have been made to reduce chick 
mortality, like those employed at two breeding sites near Nagaon from 
2001 to 2003 (Singha et al. 2006, pp. 315-320). Safety nets are placed 
under the canopy of nest trees to catch falling chicks. Chicks are 
either replaced in their nest, if on-site monitors can determine which 
nest the chick came from, or raised in captivity and later released. 
Juvenile birds were monitored after their release, and the program is 
considered a success (Singha and Rahmani 2006, p. 268; Singha et al. 
2006, pp. 315-320). Though some efforts have been undertaken to reduce 
chick mortality due to falls from nests, loss of chicks based on 
nesting in sub-optimal breeding sites is likely still occurring at 
other breeding sites.
     Cambodia: The largest breeding colonies are located in the Tonle 
Sap Biosphere Reserve, which consists primarily of the Tonle Sap Lake 
and its floodplain. A second breeding population occurs in the Kulen 
Promtep Wildlife Sanctuary in the Northern Plains. Poole (2002, p. 35) 
reported that large nesting trees around Cambodia's Tonle Sap 
floodplain, particularly crucial to greater adjutants for nesting, are 
under increasing pressure by felling for firewood and building 
material. Poole (2002, p. 35) concluded that a lack of nesting trees, 
both at Tonle Sap and in the Northern Plains, may be the most serious 
threat in the future to large water bird colonies.
     The Mekong River Basin flows through several countries in 
Southeast Asia, including Tibet, China, Myanmar, Vietnam, Thailand, 
Cambodia, and Laos, traveling over 4,800 km (2,980 mi) from start to 
finish. In Cambodia, the Mekong River flows into the Tonle Sap 
floodplain. Tonle Sap Lake expands and contracts throughout the year as 
a result of rainfall from monsoons and the flow of the Mekong River. 
The lake acts as a storage reservoir at different times of the year to 
regulate flooding in the Mekong Delta (Davidson 2005, p. 3). This 
flooding also results in flooded forests and shrublands, which provides 
seasonal habitat to several species. The Tonle Sap Biosphere Reserve is 
one of Southeast Asia's most important wetlands for biodiversity and is 
particularly crucial for birds, reptiles, and plant assemblages 
(Davidson 2005, p. 6).
     Upstream developments in the Mekong have already led to 
significant trapping of sediments and nutrients in upstream reservoirs, 
which could lead to increased bed and bank erosion downstream, as well 
as decreased productivity (Kummu and Varis 2007, pp. 289, 291). 
According to the Asian Development Bank (ADB 2005, p. 2), 13 dams have 
been built, are being built, or are proposed to be built along the 
Mekong River. Proposed hydroelectric dams along the Mekong River in 
countries upstream from Cambodia have the potential to adversely affect 
the habitat of the greater adjutant by affecting the hydrology of the 
basin and reducing the overall foraging habitat and the abundance of 
prey species during the breeding season (Clements et al. 2007, p. 59). 
In addition, decline in productivity of the habitat, and thereby prey 
species abundance, may increase competition for food, and increased 
releases from upstream dams during the dry season could result in 
permanent flooding of these forests that will eventually kill the trees 
in these areas

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(Clements et al. 2007, p. 59). Under some scenarios, up to half of the 
core area (21,342 ha (52,737 ac)) of the Prek Toal area in the Tonle 
Sap Biosphere Reserve could be affected.
Summary of Factor A
     This species continues to face significant ongoing threats to its 
breeding and foraging habitat in both India and Cambodia. In India, 
activities such as the draining and filling of wetlands (Hindu 2007, 
unpaginated), removal of nest trees, and encroachment on habitat 
significantly impact this species (BLI 2001, p. 284). In Cambodia, 
threats include tree removal (Poole 2002, p. 35) and large-scale 
hydrologic changes due to existing dams and proposed dam construction 
(Clements et al. 2007, p. 59; Kummu and Varis, pp. 287-288). The latter 
threat could potentially eliminate habitat in protected areas such as 
the Tonle Sap Biosphere Reserve, and it could additionally reduce 
productivity of these areas, which would further impact the species by 
affecting the foraging base and potentially increasing competition with 
other species (Clements et al. 2007, p. 59). Therefore, we find that 
the present or threatened destruction, modification, or curtailment of 
the habitat or range is a threat to the continued existence of the 
greater adjutant throughout its range.

B. Overutilization for commercial, recreational, scientific, or 
educational purposes

     Local communities collect bird eggs and chicks for consumption and 
for trade in both India and Cambodia. This is considered a primary 
threat to the birds in Cambodia, where fledglings are also taken 
(Clements 2008, pers. comm.). Due to their rarity, greater adjutants 
are believed to have a high market value, which increases the 
likelihood this type of activity will continue. The implementation of 
bird nest protection programs has been developed by the Wildlife 
Conservation Society, working with local villages such as the program 
at Kulen Promtep Wildlife Sanctuary (ACCB 2009, unpaginated). Although 
the impacts from large-scale collection of bird eggs and chicks has 
been reduced through these programs, collection still remains a threat 
to the species.
    Accounts of poisoning, netting, trapping, and shooting of adult 
birds were also reported at various locations in both India and 
Cambodia during the 1990s (BLI 2001, pp. 285-286).