Endangered and Threatened Wildlife and Plants; Listing Foreign Bird Species in Peru and Bolivia as Endangered Throughout Their Range, 606-649 [E9-31102]

Agencies

• Fish and Wildlife Service
• DEPARTMENT OF THE INTERIOR

[Federal Register Volume 75, Number 2 (Tuesday, January 5, 2010)]
[Proposed Rules]
[Pages 606-649]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-31102]



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Part IV





Department of the Interior





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Fish and Wildlife Service



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50 CFR Part 17



Endangered and Threatened Wildlife and Plants; Listing Foreign Bird 
Species in Peru and Bolivia as Endangered Throughout Their Range; 
Proposed Rule

Federal Register / Vol. 75, No. 2 / Tuesday, January 5, 2010 / 
Proposed Rules

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R9-IA-2009-0059]
[96100-1671-0000-B6]
[RIN 1018-AV77]


Endangered and Threatened Wildlife and Plants; Listing Foreign 
Bird Species in Peru and Bolivia 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 six South American bird species (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.): ash-breasted tit-tyrant (Anairetes alpinus), 
Junin grebe (Podiceps taczanowskii), Junin rail (Laterallus tuerosi), 
Peruvian plantcutter (Phytotoma raimondii), royal cinclodes (Cinclodes 
aricomae), and white-browed tit-spinetail (Leptasthenura xenothorax)--
all native to Peru. The ash-breasted tit-tyrant and royal cinclodes are 
also native to Bolivia. 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 
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:
 Federal eRulemaking Portal: https://www.regulations.gov. Follow 
the instructions for submitting comments on Docket No. FWS-R9-IA-2009-
0059.
 U.S. mail or hand-delivery: Public Comments Processing, Attn: 
FWS-R9-IA-2009-0059; Division of Policy and Directives Management; U.S. 
Fish and Wildlife Service; 4401 N. Fairfax Drive, Suite 222; Arlington, 
VA 22203.
    We will not accept comments by e-mail or fax. 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) Additional 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 such 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 website. 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 at 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, we make the finding within 90 days 
following receipt of the petition and publish our finding 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 actions. 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 review (ANOR) of findings on resubmitted petitions for all 
foreign species for which listings were previously found to be 
warranted but precluded.
Previous Federal Actions
    On May 6, 1991, we received a petition (the 1991 petition) from the 
International Council for Bird Preservation (ICBP) to add 53 foreign 
bird species to the List of Endangered and Threatened Wildlife, 
including the six Peruvian bird species 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 (which 
included 15 species from the 1991 petition). In that

[[Page 607]]

document, we announced our finding that listing the remaining 38 
species from the 1991 petition, including the six Peruvian bird species 
that are the subject of this proposed rule, was warranted but precluded 
by higher priority listing actions. We made a subsequent warranted-but-
precluded finding for all outstanding foreign species from the 1991 
petition, including the six Peruvian bird species that are the subject 
of this proposed rule, as published in our 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 
six Peruvian bird species that are the subject of this proposed rule 
were designated with an LPN of 2, and it was determined that their 
listing continued to be warranted but precluded because of other 
listing actions. A listing priority of 2 indicates that the subject 
species face imminent threats of high magnitude. With the exception of 
the 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 six Peruvian bird species which are 
the subject of this proposed rule, and stated that we would ``promptly 
publish proposals to list these 30 taxa.'' In selecting these six 
species from the list of warranted-but-precluded species, we took into 
consideration the magnitude and immediacy of the threats to the 
species, consistent with the Service's listing priority guidelines.
    On September 8, 2008, the Service received a 60-day notice of 
intent to sue from the Center for Biological Diversity (CBD) and Peter 
Galvin 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, (CBD, et al. v. Salazar, 09-cv-02578-CRB), 
the Service must submit to the Federal Register proposed listing rules 
for the ash-breasted tit-tyrant, Junin grebe, Junin rail, Peruvian 
plantcutter, royal cinclodes, and white-browed tit-spinetail by 
December 29, 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.
    Below is a species-by-species analysis of the five factors. The 
species are considered in alphabetical order, beginning with the ash-
breasted tit-tyrant, followed by the Junin grebe, Junin rail, Peruvian 
plantcutter, royal cinclodes, and the white-browed tit-spinetail.

I. Ash-breasted tit-tyrant (Anairetes alpinus)

Species Description

    The ash-breasted tit-tyrant, locally known as ``torito 
pechicenizo,'' is a small New World tyrant flycatcher in the Tyrannidae 
family that is native to high-altitude woodlands of the Bolivian and 
Peruvian Andes (BirdLife International (BLI) 2000, p. 392; Collar et 
al. 1992, p. 753; del Hoyo et al. 2004, pp. 170, 281; Fjeldsa and 
Krabbe 1990, pp. 468-469; InfoNatura 2007, p. 1; Supreme Decree No. 
034-2004-AG 2004, p. 276854). The sexes are similar, with adults 
approximately 5 inches (in) (13 centimeters (cm)) in length, with dark 
gray, inconspicuously black-streaked upperparts (BLI 2009o, p. 1; del 
Hoyo et al. 2004, p. 281). Two subspecies (see Taxonomy) are 
distinguished by their underbelly color, which is yellowish-white in 
the nominate subspecies and white in the other (BLI 2009o, p. 1) (see 
Taxonomy). Juvenile plumage is duller in appearance, but otherwise 
similar to the adult coloration (del Hoyo et al. 2004, p. 281).

Taxonomy

    When the species was first taxonomically described by Carriker 
(1933, pp. 27-29), it was placed in its own genus, Yanacea; this 
decision was soon questioned by Zimmer (1940, p. 10). It was not until 
the 1960s that Yanacea was merged into Anairetes (a genus long-known as 
Spizitornis) by Meyer de Schauensee (1966, p. 376). Some contemporary 
researchers have suggested retaining the species within Yanacea 
(Fjeldsa and Krabbe 1990, p. 468). Smith (1971, pp. 269, 275) and Roy 
et al. (1999, p. 74) confirmed that the ash-breasted tit tyrant is a 
valid species based on its phylogenetic placement and degree of genetic 
divergence from other species of Anairetes, and recent texts continue 
to place it in Anairetes (e.g., del Hoyo et al. 2004, p. 281). 
Therefore, we accept the species as Anairetes alpinus, which also 
follows the Integrated Taxonomic Information System (ITIS 2009, p. 1). 
Two subspecies are recognized, including, A. alpinus alpinus (the 
nominate subspecies) and A. alpinus bolivianus. These subspecies occur 
in two disjunct (widely separated) areas (see Current Range) (BLI 2000, 
p. 392; del Hoyo et al. 2004, p. 281; ITIS 2009, p. 1) and are 
distinguished by the color of their underbellies (see Taxonomy) (BLI 
2009o, p. 1).

Habitat and Life History

    The ash-breasted tit-tyrant is restricted to semihumid Polylepis or 
Polylepis - Gynoxys woodlands, where the species is found at elevations 
between 12,139 and 15,092 feet (ft) (3,700 and 4,600 meters (m)) above 
sea level (BLI 2000, p. 392; Collar et al. 1992, p. 753; del Hoyo et 
al. 2004, p. 281; Fjeldsa and Krabbe 1990, pp. 468-469; InfoNatura 
2007, p. 1). The genus Polylepis (no English common name; locally 
referred to as ``queu[ntilde]a'') (Aucca and Ramsay 2005, p. 1), in the 
Rosaceae family, comprises approximately 20 species of evergreen bushes 
and trees (De la Via 2004, p. 10; Kessler 1998, p. 1; Kessler and 
Schmidt-Lebuhn 2006, pp. 1-2), 19 of which occur in Peru (Chutas et al. 
2008, p. 3). In Bolivia, the ash-breasted tit-tyrant is associated only 
with P. pepei forests, but the bird is found among a greater variety of 
Polylepis species in Peru (Chutas et al. 2008, p. 16; I. Gomez, 
National Museum of National History-Ornithology Section-Bolivian Fauna 
Collection, La Paz, Bolivia, e-mail to Division of Scientific 
Authority, in litt. December 4, 2007, p. 1). On average, Polylepis 
species are 10-33 ft (3-10 m) tall, but may grow to a height of 118 ft 
(36 m) (Purcell et al. 2004, p. 455).
    Polylepis woodlands occur as dense forests, as open-canopied stands 
with more arid understories, or as shrubland with scattered trees (De 
la Via 2004, pp. 10-11; Fjeldsa and Kessler 1996, as cited in Fjeldsa 
2002a, p. 113; Lloyd and

[[Page 608]]

Marsden in press, as cited in Lloyd 2008, p. 532). Ash-breasted tit-
tyrants prefer dense Polylepis forests (Fjeldsa 2002a, p. 114; Smith 
1971, p. 269), which often include a mixture of Gynoxys trees (no 
common name), in the Asteraceae family (De la Via 2004, pp. 10; 
International Plant Names Index (IPNI) 2009, p. 1). Dense Polylepis 
woodlands are characterized by moss- or vine-laden vegetation, with a 
shaded understory and a rich diversity of insects, making good feeding 
grounds for insectivorous birds (De la Via 2004, p. 10), such as the 
ash-breasted tit-tyrant (BLI 2009o, p. 1; Lloyd 2008, p. 535).
    There is little information about the ecology and breeding behavior 
of the ash-breasted tit-tyrant. The species' territory ranges from 2.5-
5 acres (ac) (1-2 hectares (ha)) (BLI 2009o, p. 1). The breeding season 
appears to occur during late dry season (Collar et al. 1992, p. 754)--
November and December (BLI 2009o, p. 1). Juveniles have been observed 
in March and July (Collar et al. 1992, p. 754; del Hoyo et al. 2004, p. 
281). Although species-specific information is not available, tit-
tyrant nests are generally finely woven, open cups, built in a bush 
(Fjeldsa and Krabbe 1990, p. 468). The species may share in rearing 
responsibilities, as pairs of ash-breasted tit-tyrants have been 
observed feeding young (BLI 2009o, p. 1; Collar et al. 1992, p. 754).
    The ash-breasted tit-tyrant forages alone, in family groups, and 
sometimes in mixed-species flocks. The bird takes short flights, either 
hovering or perching to consume invertebrates near the tops and outer 
edges of Polylepis shrubs and trees (BLI 2009o, p. 1; del Hoyo et al. 
2004, p. 281; Engblom et al. 2002, p. 58; Fjeldsa and Krabbe 1990, p. 
468; Lloyd 2008, p. 535). In winter, when invertebrate populations 
diminish, tit-tyrants may also forage on seeds (Fjeldsa and Krabbe 
1990, p. 468).

Historical Range and Distribution

    The ash-breasted tit-tyrant may once have been well-distributed 
throughout previously dense and contiguous Polylepis high-Andes 
woodlands of Peru and Bolivia. Researchers believe that these woodlands 
were historically contiguous with lower-elevation cloudforests and 
widespread above 9,843 ft (3,000 m) (Collar et al. 1992, p. 753; 
Fjeldsa 2002a, pp. 111-112, 115; Herzog et al. 2002, p. 94; Kessler 
2002, pp. 97-101). Today, Polylepis woodlands are found only at 
elevations of 11,483 to 16,404 ft (3,500 to 5,000 m) (Fjeldsa 1992, p. 
10). Researchers consider the reduction in Polylepis forest habitat to 
be the result of historical human activities, including burning and 
grazing, which have prevented regeneration of the woodlands and 
resulted in the fragmented habitat distribution seen today (Fjeldsa and 
Kessler 1996, Kessler 1995a, Kessler 1995b, and L[aelig]gaard 1992, as 
cited in Fjeldsa 2002a, p. 112; Herzog et al. 2002, p. 94; Kessler 
2002, pp. 97-101; Kessler and Herzog 1998, pp. 50-51). Modeling studies 
by Fjeldsa (2002a, p. 116) indicate that this habitat reduction was 
accompanied by a loss in species richness. It is estimated that only 2-
3 and 10 percent of the original forest cover still remain in Peru and 
Bolivia, respectively (Fjeldsa and Kessler 1996, as cited in Fjeldsa 
2002a, p. 113). Of this amount, only 1 percent of the remaining 
Polylepis woodlands are found in humid areas, where denser stands occur 
(Fjeldsa and Kessler 1996, as cited in Fjeldsa 2002a, p. 113) and which 
are preferred by the ash-breasted tit-tyrant (BLI 2009o, p. 1; Fjeldsa 
2002a, p. 114; Lloyd 2008, p. 535; Smith 1971, p. 269) (see Factor A).

Current Range and Distribution

    The current range of the ash-breasted tit-tyrant is estimated to be 
4,595 square miles (mi\2\) (11,900 square kilometers (km\2\)) (BLI 
2009o, p. 1). However, BirdLife International (2000, pp. 22, 27) 
defines a species' ``Range'' as the ``Extent of Occurrence,'' which is 
``the area contained within the shortest continuous imaginary boundary 
which can be drawn to encompass all the known, inferred, or projected 
sites of present occurrence of a species, excluding cases of 
vagrancy.'' Given that the species is known to occur in two disjunct 
locations, this range estimate, therefore, includes a large area of 
habitat where the species is not known to occur.
    The species is restricted to patches of high-elevation semihumid 
Polylepis or Polylepis - Gynoxys woodlands of Peru and Bolivia, where 
ash-breasted tit-tyrant is found only at 12,139-15,092 ft (3,700-4,600 
m) (BLI 2000, p. 392; Collar et al. 1992, p. 753; del Hoyo et al. 2004, 
pp. 170, 281; Fjeldsa and Krabbe 1990, pp. 468-469; InfoNatura 2007, p. 
1). The ash-breasted tit-tyrant is known only in two disjunct areas: 
one location in west-central Peru and another ranging from southern 
Peru into northern Bolivia (BLI 2000, p. 392; del Hoyo et al. 2004, p. 
281; ITIS 2009, p. 1).
    In west-central Peru, the northern subspecies (A. alpinus alpinus) 
occurs in the Cordilleras Central and Occidental (in the Peruvian 
Administrative Regions of Ancash, Huanuco, La Libertad, and Lima) (BLI 
2007, p. 1; BLI 2009g, p. 1; BLI 2009i, p. 1; BLI 2009l, p. 1; BLI 
2009o, p. 1; Collar et al. 1992, p. 753; del Hoyo et al. 2004, p. 281). 
Until 1992, the taxon in this locality was highly localized and known 
only in Ancash Region (Collar et al. 1992, p. 753). The species was 
subsequently reported in Huanuco Region, in 2003 (BLI 2007, p. 5; BLI 
2009i, p. 1); La Libertad Region, in 2004 (del Hoyo et al. 2004, p. 
281); and Lima Region and again in Huanuco Region, in 2007 (BLI 2007, 
pp. 1, 5). Also in 2007, the ash-breasted tit-tyrant was also observed 
in a new locality in Ancash Region, Corredor Conchucos (Chutas 2007, 
pp. 4, 8), where a Polylepis reforestation project is under way to 
connect two protected areas where ash-breasted tit-tyrants were already 
known to occur, Parque Nacional Huascaran and Zona Reservada de la 
Cordillera Huayhuash (Antamina Mine 2006, p. 5; MacLennan 2009, p. 1) 
(see Factor A).
    The second location spans the Peruvian-Bolivian border--in the 
Peruvian Administrative Regions of Apurimac, Cusco, Puno, and Arequipa 
(from north to south) and in the Bolivian Department of La Paz. Here, 
the southern subspecies (A. alpinus bolivianus) occurs in Cordillera 
Oriental (Apurimac and Cusco), Cordilleras Vilcanota and Vilcabamba 
(Cusco), and Cordillera de Carabaya (Puno)--in Peru--and ranges into 
Bolivia, where it is found in the Cordillera Real and the Cordillera 
Apolobamba (La Paz) (BLI 2000, p. 392; BLI 2009a, p. 1; BLI 2009b, p. 
1; BLI 2009c, p. 1; BLI 2009d, p. 1; BLI 2009e, p. 1; BLI 2009f, p. 1; 
BLI 2009k, p. 1; BLI 2009m, p. 1; BLI 2009n, p. 1; BLI 2009o, p. 5; 
Chutas 2007, p. 8; Collar et al. 1992, p. 753; del Hoyo et al. 2004, p. 
281; Fjeldsa and Krabbe 1990, pp. 468-469; InfoNatura 2007, p. 1). The 
ash-breasted tit-tyrant was only recently (in 2008) reported in 
Arequipa Region, Peru (BLI 2009j, p. 1).
    The ash-breasted tit-tyrant is highly localized (Collar et al. 
1992, p. 753) and has been described as ``very rare and local, with 
usually only 1-2 pairs per occupied woodland'' (Fjeldsa and Krabbe 
1990, p. 469). It exists at such low densities in some places that it 
goes undetected (Collar et al. 1992, p. 753). The species appears to be 
unable to persist in forest remnants smaller than 2.5 ac (1 ha) (BLI 
2009o, p. 1).

Population Estimates

    Population information is presented first on the range country 
level and then in terms of a global population estimate. The range 
country estimates begin with Peru, where the majority of the population 
resides.
    Local population estimate, Peru: Chutas (2007, p. 8) surveyed five

[[Page 609]]

disjunct Polylepis forest patches in Peru and estimated that 461 ash-
breasted tit-tyrants were located there. This included 30 birds in 
Corredor Conchucos (Ancash Region); 181 birds and 33 birds in 
Cordilleras Vilcanota and Vilcabamba, respectively (Cusco Region); 22 
birds in Cordillera de Carabaya (Puno Region); and 195 birds in a study 
site called ``Cordillera del Apurimac'' (Apurimac Region) (Chutas 2007, 
pp. 4, 8), referring to an area within the Runtacocha highlands. Other 
research in the Runtacocha highlands has indicated that the ash-
breasted tit-tyrant is ``relatively common'' there (BLI 2007, p. 1; BLI 
2009o, p. 1), with an estimated 100 pairs of birds found in 
approximately 40 forest patches (Fjeldsa in litt. 1990, as cited in 
Collar et al. 1992, p. 753). ``Small numbers'' of birds are reported in 
La Libertad Region (del Hoyo et al. 2004, p. 281). There are no 
population estimates within Arequipa, Huanuco, or Lima Regions, where 
the ash-breasted tit-tyrant is also reported to occur (BLI 2009g, p. 1; 
BLI 2009i, p. 1; BLI 2009j, p. 1; BLI 2009o, p. 1).
    Local population estimate, Bolivia: Although BirdLife International 
reports an estimated population size of 150-300 ash-breasted tit-
tyrants in Bolivia (Gomez in litt., 2003 and 2007, as cited in BLI 
2009o, p. 1), recent surveys indicate that the estimate is smaller. 
Over a six-year period, Gomez (in litt. 2007, p. 1) conducted intensive 
searches throughout 80 percent of the suitable habitat in Bolivia in 
the Cordillera Real and the Cordillera Apolobamba (La Paz Department), 
using song playback and point census, to detect the presence of the 
ash-breasted tit-tyrant. From this work, researchers inferred or 
observed the presence of 2-10 individuals in each of four forest 
patches and estimated that approximately 180 ash-breasted tit-tyrants 
occur in Bolivia.
    Global population estimate: BirdLife International, a global 
organization that consults with and assimilates information from 
species experts, categorizes the ash-breasted tit-tyrant as having a 
population size between 250 and 999 individuals, with an estimated 
actual population size to be in the mid- to upper-hundreds (BLI 2000, 
p. 392; BLI 2007, p. 1; BLI 2009o, p. 1). Combining the estimated 
number of ash-breasted tit-tyrants in Peru and Bolivia, the total 
population consists of at least 641 individuals (Chutas 2007, pp. 4, 8; 
Gomez in litt. 2007, p. 1), consistent with the BirdLife International 
category of 250-999 individuals.
    However, the total population size, which includes immature 
individuals, is not an accurate reflection of the species' effective 
population size (the number of breeding individuals that contribute to 
the next generation) (Shaffer 1981, pp. 132-133; Soule 1980, pp. 160-
162). Because the ash-breasted tit-tyrant exists as two subspecies (BLI 
2000, p. 392; BLI 2009a, p. 1; BLI 2009b, p. 1; BLI 2009c, p. 1; BLI 
2009d, p. 1; BLI 2009e, p. 1; BLI 2009f, p. 1; BLI 2009k, p. 1; BLI 
2009m, p. 1; BLI 2009n, p. 1; BLI 2009o, p. 5; Chutas 2007, p. 8; 
Collar et al. 1992, p. 753; del Hoyo et al. 2004, p. 281; Fjeldsa and 
Krabbe 1990, pp. 468-469; InfoNatura 2007, p. 1; ITIS 2009, p. 1), it 
is reasonable to conclude that there is little or no gene flow between 
the two subspecies and that the species does not breed as a single 
population. Therefore, even if all 641 individuals were mature, they 
would not breed as a single population, such that the species' 
effective population size is less than 641.
    There are also constraints to determining the effective population 
size on a subspecies level. According to International Union for 
Conservation of Nature (IUCN) criteria, it is estimated that there are 
no more than 250 mature individuals in any single subpopulation of the 
ash-breasted tit-tyrant (IUCN 2001, pp. 8-12). However, the parameters 
of a subpopulation are not provided in existing research. For instance, 
while ash-breasted tit-tyrants occupy territories of 2.5-5 ac (1-2 ha) 
(BLI 2009o, p. 1), there is no information as to the taxon's ability or 
tendency to travel between territories or forest patches. Research on 
Bolivian localities indicates that gene flow occurs between some 
subpopulations, but not all (Gomez 2005, p. 86). In Bolivia, where only 
1 subspecies occurs, the birds are distributed in 2 metapopulations, 
with at least 5 subpopulations in one location and 14 subpopulations in 
the other (Gomez 2005, p. 86). Peruvian population estimates are 
incomplete, with no estimates for the ash-breasted tit-tyrants 
occurring in Arequipa, Huanuco, La Libertad or Lima (BLI 2009g, p. 1; 
BLI 2009i, p. 1; BLI 2009j, p. 1; BLI 2009o, p. 1; del Hoyo et al. 
2004, p. 281). Therefore, we can conclude that gene flow occurs at the 
subspecies level, but there is not sufficient information to determine 
the extent to which subpopulations interbreed.
    The species has experienced a population decline of between 10 and 
19 percent in the past 10 years, and this rate of decline is predicted 
to continue (BLI 2009o, pp. 1, 4). The population is considered to be 
declining in close association with continued habitat loss and 
degradation (see Factors A and E) (BLI 2007, pp. 1, 4; BLI 2009o, p. 
5).

Conservation Status

    The ash-breasted tit-tyrant is considered ``endangered'' by the 
Peruvian Government under Supreme Decree No. 034-2004-AG (2004, p. 
276855). The IUCN considers the ash-breasted tit-tyrant to be 
``Endangered'' because it has a very small population that is 
undergoing continued decline in the number of mature individuals and is 
confined to a habitat that is severely fragmented and is also 
undergoing a continuing decline in extent, area, and quality (BLI 2008, 
p. 1; BLI 2009o, p. 4; IUCN 2001, pp. 8-12). The ash-breasted tit-
tyrant occurs within the following Peruvian protected areas: Parque 
Nacional Huascaran, in Ancash, and Santuario Historico Machu Picchu, in 
Cusco, and Zona Reservada de la Cordillera Huayhuash, spanning Ancash, 
Huanuco, and Lima (BLI 2009i, p. 1; BLI 2009l, p. 1; BLI 2009n, p. 1; 
Chutas et al. 2008, p. 16). In La Paz Department, Bolivia, the species 
is found in Parque Nacional y area Natural de Manejo Integrado Madidi, 
Parque Nacional y area Natural de Manejo Integrado Cotapata, and the 
co-located protected areas of Reserva Nacional de Fauna de Apolobamba, 
area Natural de Manejo Integrado de Apolobamba, and Reserva de la 
Biosfera de Apolobamba (Auza and Hennessey 2005, p. 81; BLI 2009a, p. 
1; BLI 2009b, p. 1; BLI 2009c, p. 1; BLI 2009e, p. 1; BLI 2009i, p. 1; 
Chutas et al. 2008, p. 16).

Summary of Factors Affecting the Ash-breasted Tit-tyrant

A. The Present or Threatened Destruction, Modification, or Curtailment 
of the Species' Habitat or Range

    The ash-breasted tit-tyrant is dependent upon high-elevation 
semihumid Polylepis or Polylepis - Gynoxys woodlands (BLI 2000, p. 392; 
Collar et al. 1992, p. 753; del Hoyo et al. 2004, pp. 281; Fjeldsa and 
Krabbe 1990, pp. 468-469; InfoNatura 2007, p. 1). Researchers believe 
that this habitat was historically contiguous with lower-elevation 
cloudforests and widespread above 9,843 ft (3,000 m) (Collar et al. 
1992, p. 753; Fjeldsa 2002a, pp. 111, 115), but Polylepis woodlands 
occur today only between 11,483-16,404 ft (3,500-5,000 m) (Fjeldsa 
1992, p. 10). As described above (see Habitat and Life History), the 
species prefers dense woodlands (Fjeldsa 2002a, p. 114; Smith 1971, p. 
269), where the best foraging habitat occurs (De la Via 2004, p. 10), 
and ash-breasted tit-tyrant occurs at altitudes of 12,139-15,092 ft 
(3,700-4,600 m) (BLI 2000, p. 392; Collar et al. 1992, p. 753; del Hoyo 
et al. 2004, pp.

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170, 281; Fjeldsa and Krabbe 1990, pp. 468-469; InfoNatura 2007, p. 1).
    High-Andean Polylepis woodlands are considered by experts to be the 
most threatened habitat in Peru and Bolivia (Purcell et al. 2004, p. 
457), throughout the Andean region (BLI 2009a, p. 2), and one of the 
most threatened woodland ecosystems in the world (Renison et al. 2005, 
as cited in Lloyd 2009, p. 10). The IUCN has listed several Polylepis 
species as ``Vulnerable,'' including two species that occur within the 
ash-breasted tit-tyrant's range, Polylepis incana and P. pepei (WCMC 
1998a, p. 1; WCMC 1998b, p. 1). Peruvian and Bolivian Polylepis 
woodlands today are highly fragmented. In the late 1990s, Fjeldsa and 
Kessler (1996, as cited in Fjeldsa 2002a, p. 113) conducted 
comprehensive ground surveys and analyzed maps and satellite images of 
the area. They estimated that the current range of Polylepis woodlands 
had been reduced from historical levels by 97-98% in Peru and 90 
percent in Bolivia. Contemporary Polylepis woodlands are dispersed and 
sparse, covering an estimated area of 386 mi\2\ (1,000 km\2\) and 1,931 
mi\2\ (5,000 km\2\) in Peru and Bolivia, respectively (Fjeldsa and 
Kessler 1996, as cited in Fjeldsa 2002a, p. 113). Of the remaining 
Polylepis woodlands, only 1 percent are found in humid areas, where 
denser Polylepis forests tend to occur (Fjeldsa and Kessler 1996, as 
cited in Fjeldsa 2002a, p. 113). Dense habitat is preferred by the ash-
breasted tit-tyrant (BLI 2009o, p. 1; Fjeldsa 2002a, p. 114; Lloyd 
2008, p. 535; Smith 1971, p. 269).
    Habitat loss, conversion, and degradation throughout the ash-
breasted tit-tyrant's range have been and continue to occur as a result 
of ongoing human activity, including (1) Clearcutting and burning; (2) 
extractive activities; (3) human encroachment; and (4) unpredictable 
climate fluctuations that exacerbate the effects of habitat 
fragmentation. Clearcutting and burning are among the most destructive 
activities, and are a leading cause for Polylepis habitat loss (WCMC 
1998a, p. 1; WCMC 1998b, p. 1). Forested areas are cleared for 
agriculture and to create pastureland for cattle, sheep, and camels 
(BLI 2009a, p. 2; BLI 2009c, pp. 1-2; BLI 2009d, pp. 1-2; BLI 2009e, 
pp. 1, 5; BLI 2009h, p. 1; BLI 2009m, p. 1; BLI 2009n, p. 4). Grazing 
lands situated amongst remaining forest patches are regularly burned in 
order to maintain the grassland vegetation (locally known as, 
``chaqueo''). Regular burning prevents regeneration of native forests 
and is considered the key factor limiting the distribution of Polylepis 
forests (BLI 2009f, p. 1; BLI 2009n, p. 4; Fjeldsa 2002b, p. 8; WCMC 
1998a, p. 1; WCMC 1998b, p. 1). In some areas, the burns escape 
control, causing further habitat destruction (BLI 2009a, p. 2; BLI 
2009e, pp. 1, 5). Burning and clearcutting occur throughout the ash-
breasted tit-tyrant's range, including in Ancash (BLI 2009h, p. 1), 
Apurimac (BLI 2009m, p. 1), and Cusco (BLI 2009n, p. 4), in Peru; and 
La Paz, Bolivia (BLI 2009a, p. 2; BLI 2009c, pp. 1-2; BLI 2009d, pp. 1-
2; BLI 2009e, pp. 1, 5). These activities are also ongoing within 
protected areas, including Parque Nacional Huascaran, Santuario 
Historico Machu Picchu, and Zona Reservada de la Cordillera Huayhuash 
(Barrio 2005, p. 564; BLI 2009l, p. 4; BLI 2009n, p. 2) (see Factor D).
    As a result of the intensity of burning and grazing, Polylepis 
species are restricted to areas where fires cannot spread, and where 
cattle and sheep do not normally roam--in stream ravines and on 
boulders, rock ledges, and sandy ridges (Fjeldsa 2002a, p. 112; Fjeldsa 
2002b, p. 8). Grazing and trampling by domesticated animals further 
limit forest regeneration (Fjeldsa 2002a, p. 120) and contribute to the 
degradation of remaining forest patches. Sheep and cattle have solid, 
sharp hooves that churn up the earth, damaging vegetation and 
triggering erosion (Engblom et al. 2002, p. 56; Purcell et al. 2004, p. 
458). The loss of nutrient-rich soils leads to habitat degradation, 
which reduces the ability of the habitat to support dense stands of 
Polylepis woodlands (Fjeldsa 2002b, p. 8; Jameson and Ramsay 2007, p. 
42; Purcell et al. 2004, p. 458).
    Ash-breasted tit-tyrant habitat is also subject to conversion, 
degradation, or destruction caused by extractive activities, such as 
firewood collection, timber harvest, and mining. Cutting wood for fuel 
has a consistent and ongoing impact throughout the species' range (BLI 
2009a, p. 2; BLI 2009b, pp. 1-2; BLI 2009c, pp. 1-2; BLI 2009d, pp. 1-
2; BLI 2009f, p. 1; BLI 2009l, p. 1; WCMC 1998a, p. 1). The high-
altitude zones where Polylepis occurs have long been inhabited by 
subsistence farmers, who rely on Polylepis wood for firewood and 
charcoal production (Aucca and Ramsay 2005, p. 287). Many locals manage 
woodlands for firewood extraction (Engblom et al. 2002, p. 56), and 
community-based Polylepis conservation programs fostered by the 
Peruvian nongovernmental organization Asociacion Ecosistemas Andinos 
(ECOAN) have been under way in Peru and Bolivia since 2004, 
encompassing Cordilleras Vilcanota and Vilcabamba (Cusco Region), 
highlands of the Apurimac Region (Aucca and Ramsey 2005, p. 287; ECOAN 
no date (n.d.), p. 1; Lloyd 2009, p. 10), and in the Ancash Region 
(MacLennan 2009, p. 2). Known as the ``Vilcanota Project'' or ECOAN 
Projects (Aucca and Ramsey 2005, p. 287; ECOAN n.d., p. 1), local 
communities enter into and enforce management agreements aimed at the 
primary causes for Polylepis deforestation: burning, grazing, and wood-
cutting. These projects foster local, sustainable use of resources 
(Aucca and Ramsay 2005, p. 287; ECOAN n.d., p. 1; Engblom et al. 2002, 
p. 56), such as the use of more fuel-efficient wood-burning stoves that 
require half the amount of wood fuel (MacLennan 2009, p. 2) (see the 
Factor A analyses for royal cinclodes and white-browed tit-spinetail 
for additional examples).
    Polylepis wood is also harvested for local commercial use, 
including within protected areas (BLI 2009a, p. 2; WCMC 1998a, p. 1) 
(Factor D). At one site, near Abra Malaga (Cusco Region), wood is 
harvested for sale to local hotels in the towns of Urubamba and 
Ollantaytambo to support tourism activity (Engblom 2000, p. 1). Engblom 
(2000, p. 1) documented felling for firewood at this site in Cusco over 
a 2-day period that significantly reduced the size and quality of the 
forest patch. Purcell et al. (2004, p. 458) noted a positive 
correlation between habitat destruction and increased demand for (and 
the concomitant rise in the price of) fuel. Polylepis is also harvested 
for construction, fencing, and tool-making (Aucca and Ramsey 2005, p. 
287; BLI 2009a, p. 2). Commercial-scale activities, such as 
clearcutting, logging, tourism, and infrastructure development, are 
ongoing throughout this species' range, and alter otherwise sustainable 
resource use practices (Aucca and Ramsay 2005, p. 287; Engblom 2000, p. 
2; Engblom et al. 2002, p. 56; MacLennan 2009, p. 2; Purcell and 
Brelsford 2004, pp. 156-157; Purcell et al. 2004, pp. 458-459; WCMC 
1998a, p. 1). Commercial-scale resource use is exacerbated by ongoing 
human encroachment, discussed below.
    Mining in Polylepis habitat occurs in the Peruvian Regions of 
Ancash and Huanaco and in the Bolivian Department of La Paz (BLI 2009b, 
p. 1; BLI 2009d, p. 1; BLI 2009g, p. 1). Ancash (Peru) is home to the 
largest zinc and copper mine ``in the world,'' with a monthly average 
production rate of 231,485 pounds (105,000 metric tons) of minerals per 
day and a 186-mile (mi) (300 kilometer (km)) pipeline that stretches 
from the mine to the port of Punta Lobitos along the coast (Antamina 
Mine 2006, pp. 4, 9; www.antamina.com/02--operacion/

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En--puerto.html). Mining occurs in ash-breast tit-tyrant habitat in La 
Paz, Bolivia, where there are active gold, tin, silver, and tungsten 
mines, in addition to gravel excavation for cement production (USGS 
Minerals Yearbook 2005, pp. 4-7). Antamina Mine has undertaken habitat 
conservation programs within the areas affected by mineral extraction, 
similar to the ECOAN Polylepis conservation programs, investing 
millions of dollars in programs ranging from education and tourism, to 
organic agriculture and sustainable development. However, tourism has 
had negative effects in other areas where the ash-breasted tit-tyrant 
occurs, including Ancash, Huanuco, and Lima, Peru, and La Paz, Bolivia 
(Barrio 2005, p. 564; BLI 2009e, p. 5) (see below). The Antamina Mining 
Company conservation program also supports the planned reforestation of 
123,552 ac (50,000 ha) of Polylepis forest that will connect two 
protected areas, Parque Nacional Huascaran and Zona Reservada de la 
Cordillera Huayhuash (Antamina Mine 2006, p. 5). To date, the project 
has succeeded in restoring 371 ac (150 ha) of forest, with a 95 percent 
survival rate (MacLennan 2009, p. 1). Known as Corredor Conchucos, at 
least 30 ash-breasted tit-tyrants have recently been observed there 
(Chutas 2007, p. 8).
    Human encroachment and concomitant increasing human population 
pressures exacerbate the destructive effects of ongoing human 
activities throughout the ash-breasted tit-tyrant's habitat. Mining and 
hydroelectric projects open new areas to exploitation and attract 
people seeking employment (Purcell et al. 2004, p. 458). Increased 
urbanization and mining have led to increased infrastructure 
development. Road building and mining projects further facilitate human 
access to remaining Polylepis forest fragments, throughout the ash-
breasted tit-tyrant's range (Purcell et al. 2004, pp. 458-459; Purcell 
and Brelsford, 2004, pp. 156-157), including protected areas. In the 
Bolivian Department of La Paz, one of the most transited highways in 
the country is located a short distance from the Parque Nacional y area 
Natural de Manejo Integrado Cotapata (BLI 2009b, p. 2) (see Factor D). 
Road building, mining, and other large-scale resource exploitations are 
considered to have major impacts on the habitat, as compared to 
exploitation by local communities (Purcell and Brelsford 2004, p. 157).
    Ecotourism within protected areas where the ash-breasted tit-tyrant 
occurs (such as in the Zona Reservada de la Cordillera Huayhuash in 
Peru, and in the Apolobamba protected areas in Bolivia) is considered a 
growing problem (Barrio 2005, p. 564; BLI 2009e, p. 5) (see Factor D). 
In the Department of La Paz, Bolivia, which encompasses Bolivia's 
largest urban area, most of the Polylepis forest had been eliminated 
prior to the late 1990s (Purcell and Brelsford 2004, p. 157). Recently, 
an accelerated rate of Polylepis forest destruction has been attributed 
to clearcutting for road building and industrialization projects, such 
as mining and construction of hydroelectric power stations (Purcell and 
Brelsford 2004, pp. 156-157). Between 1991 and 2003, approximately 494 
ac (200 ha) of Polylepis habitat was destroyed. Thus, nearly two-thirds 
of the forest cover that existed in the 1990s no longer existed in 2003 
(Purcell and Brelsford 2004, p. 155). With this research, it was 
estimated that only 1,285 ac (520 ha) of Polylepis forest remain in the 
Bolivian Department of La Paz, representing approximately a 40 percent 
rate of habitat loss in just over one decade. The researchers inferred 
that thisrate of destruction could result in extirpation of the 
remaining Polylepis forest in La Paz within the next 30 years (Purcell 
and Brelsford 2004, pp. 157).
    Larger concentrations of people put greater demand on the natural 
resources in the area. Increasing demand for firewood upsets informal 
and otherwise sustainable community-based forest management traditions 
(Purcell and Brelsford, 2004, p. 157). Increasing human populations in 
the high-Andes of Bolivia and Peru have also resulted in a scarcity of 
arable land. This has led many farmers to burn down additional patches 
of Polylepis forests to plant crops, even on steep hillsides not 
suitable for cultivation (BLI 2009b, p. 2; BLI 2009h, p. 1; Hensen 
2002, p. 199). These ongoing farming practices result in the rapid loss 
of Polylepis forests from Bolivia to Peru.
    Habitat destruction is often caused by a combination of human 
activities that promote habitat degradation. In the Cordillera de 
Vilcanota (Cusco, Peru), where an estimated 181 birds are found (Chutas 
2007, pp. 4, 8), the rate of habitat loss was studied by comparing 
forest cover between 1956 and 2005. This study revealed a rate of 
habitat loss averaging only 1 percent. However, remaining patches of 
Polylepis woodland were small, with a mean patch size of 7.4 ac (3 ha); 
four forest patches had disappeared completely; and no new patches were 
located within the study area (Jameson and Ramsay 2007, p. 42). Lloyd 
(2008, p. 532) studied bird foraging habits at three Polylepis woodland 
sites in the Cordillera Vilcanota during 2003-2005. The sites were 
described as highly fragmented, consisting of many small remnant 
patches (less than 2.5 ac (1 ha)) and scattered trees, separated from 
larger woodland tracts (greater than 25 ac (10 ha)) by distances of 98-
4,921 ft (30-1,500 m) (Lloyd and Marsden in press, as cited in Lloyd 
2008, p. 532). Given that the species territory ranges from 2.5-5 ac 
(1-2 ha) and that the ash-breasted tit-tyrant appears to be unable to 
persist in forest remnants smaller than 2.5 ac (1 ha) (BLI 2009o, p. 
1), these patch sizes have met or are approaching the lower threshold 
of the species' ecological requirements. Moreover, 10 percent of the 
remaining forest patches showed a decline in forest density over this 
time-period.
    Thus, habitat degradation also has serious impacts in Polylepis 
woodlands (Jameson and Ramsay 2007, p. 42), especially given the 
species' preference for dense woodlands (Fjeldsa 2002a, p. 114; Smith 
1971, p. 269). The fact that no new Polylepis forest patches had become 
established between 1956 and 2005 underscores the long-term 
ramifications of ongoing burning, clearing, grazing, and other habitat-
altering human activities that are pervasive throughout the ash-
breasted tit-tyrant's range (BLI 2009f, p. 1; BLI 2009n, p. 4; Fjeldsa 
2002b, p. 8; WCMC 1998a, p. 1; WCMC 1998b, p. 1). These activities are 
considered to be key factors both in preventing regeneration of 
Polylepis woodlands (Fjeldsa 2002a, p. 112, 120; Fjeldsa 2002b, p. 8) 
and in the historical decline of Polylepis -dependent bird species, 
including the ash-breasted tit-tyrant (Fjeldsa 2002a, p. 116). 
Researchers consider the species' population to be declining in close 
association with the continued habitat loss and degradation (BLI 2007, 
pp. 1, 4; BLI 2008, p. 1; BLI 2009o, p. 1). Therefore, further habitat 
loss will continue to impact the species' already small population size 
(see Factor E).
    Peru is subject to unpredictable climate fluctuations that 
exacerbate the effects of habitat fragmentation, such as those that are 
related to the El Ni[ntilde]o Southern Oscillation (ENSO). According to 
the U.S. Dept. of Commerce-National Oceanic and Atmospheric 
Administration (NOAA), the term ENSO refers to a range of variability 
associated with the southern trade winds in the eastern and central 
equatorial Pacific Ocean. El Ni[ntilde]o events are characterized by 
unusual warming of the ocean, while La Ni[ntilde]a events bring cooler 
ocean temperatures (Tropical Atmosphere Ocean (TAO) Project no date 
(n.d.), p. 1). Generally speaking, extreme ENSO events alter weather 
patterns, so that

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precipitation increases in normally dry areas, and decreases in 
normally wet areas. During an El Ni[ntilde]o event, rainfall 
dramatically increases, whereas a La Ni[ntilde]a event brings near-
drought conditions (Holmgren et al. 2001, p. 89).
    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 (England 2000, p. 86; Holmgren et al. 
2001, p. 89; Plumart 2007, pp. 1-2; Timmermann 1999, p. 694).
    Unpredictable climate fluctuations negatively impact populations 
undergoing habitat fragmentation. In the face of an unpredictable 
climate, the risk of population decline due to habitat fragmentation is 
heightened. Mora et al. (2007, p. 1027) found that the combined effects 
of habitat fragmentation and climate change (in this case, warming) had 
a synergistic effect, rather than additive. In other words, the 
interactive effects of both climate fluctuation and habitat 
fragmentation led to a greater population decline than if either 
climate change or habitat fragmentation were acting alone on 
populations. Jetz et al. (2007, p. 1211) investigated the effects of 
climate change on 8,750 land bird species, including the ash-breasted 
tit-tyrant, that are exposed to ongoing manmade land cover changes 
(i.e., habitat loss). They determined that a narrow endemic, such as 
the ash-breasted tit-tyrant, is likely to suffer greater impacts from 
climate change, especially where projected range contractions are 
driven by manmade land conversion activities (Jetz et al. 2007, p. 
1213). This is due to the species' already small population size, 
specialized habitat requirements, and heightened risk of extinction 
from stochastic demographic processes (see also Factor E). According to 
this study, by 2050, up to 18 percent of the ash-breasted tit-tyrant's 
current remaining range is likely to be unsuitable for this species due 
to climate change; and, by 2100, it is predicted that about 18 to 42 
percent of the species' range is likely to be lost as a direct result 
of global climate change (Jetz et al. 2007, Supplementary Table 2, p. 
73).
    In 1999, Timmermann (1999, p. 694) predicted that climate change 
events would increase the periodicity and severity of droughts and 
excessive rainfalls, such as those caused by El Ni[ntilde]o and La 
Ni[ntilde]a events. Evidence suggests that this is the case in Peru 
(Richter 2005, p. 24-25). Over the past decade, there have been four El 
Ni[ntilde]o events (1997-1998, 2002-2003, 2004-2005, and 2006-2007) and 
three La Ni[ntilde]a events (1998-2000, 2000-2001, and 2007-2008) 
(National Weather Service (NWS) 2009, p. 2). In Peru, the Andean 
highlands, and Polylepis species in particular, are strongly influenced 
by ENSO events (Christie et al. 2008, p. 1). Christie et al. (2008, p. 
1) found that tree growth in P. tarapacana is highly influenced by ENSO 
events because ENSO cycles on the Peruvian Coast are strongest during 
the growing season (December-February). ENSO-related droughts can 
increase tree mortality and dramatically alter age structure within 
tree populations, especially where woodlands have undergone 
disturbance, such as fire and grazing (Villalba and Veblen 1997, pp. 
121-123; Villalba and Veblen 1998, pp. 2624, 2637).
    With years of extremely high rainfall followed by years of 
extremely dry weather (Block and Richter 2007, p. 1), fire hazard is 
increased from the biomass accumulated during the wet period that dries 
and adds to the fuel load in the dry season (Block and Richter 2007, p. 
1; Power et al. 2007, p. 898). Evidence suggests that the fire cycle in 
Peru has shortened, particularly in coastal Peru and west of the Andes 
(Power et al. 2007, pp. 897-898). Changes in the fire-regime can have 
broad ecological consequences (Block and Richter 2007, p. 1; Power et 
al. 2007, p. 898). In the case of the ash-breasted tit-tyrant, burning 
is considered to be a key factor preventing Polylepis regeneration 
(Fjeldsa 2002a, p. 112, 120; Fjeldsa 2002b, p. 8). Research in 
Ecuadorian Polylepis - Gynoxys mixed woodlands indicated a strong 
reduction in P. incana adult and seedling survival following a single 
fire. This indicates that the species does not recover well from even a 
single fire event (Cierjacks et al. 2007, p. 176). An accelerated fire 
cycle would exacerbate this situation.
    Activities that destroy and alter habitat are ongoing within 
protected areas. This is further discussed under Factor D.

Summary of Factor A

    The ash-breasted tit-tyrant is dependent on Polylepis habitat, with 
a preference for dense woodlands. Polylepis habitat throughout the ash-
breasted tit-tyrant's range has been and continues to be altered and 
destroyed as a result of human activities, including clearcutting and 
burning for agriculture, grazing lands, tourism, and industrialization; 
extractive activities, including firewood, timber, and mineral 
extraction; and human encroachment and concomitant increased pressure 
on natural resources. Researchers estimate that 1 percent of the dense 
woodlands preferred by the species remains, and that all remaining 
habitat is fragmented and degraded. The ash-breasted tit-tyrant 
currently occupies an area of approximately 4,595 mi\2\ (11,900 km\2\) 
and appears to be unable to persist in forest remnants smaller than 2.5 
ac (1 ha). Forest fragments in some portions of the ash-breasted tit-
tyrant's range are approaching the lower threshold of the species' 
ecological requirements. The historical decline of habitat suitable for 
this species is attributed to the same human activities that are 
causing habitat loss today. Ongoing and accelerated habitat destruction 
of the remaining Polylepis forest fragments in Peru and Bolivia 
continues to reduce the quantity, quality, distribution, and 
regeneration of remaining patches. Human activities that degrade, 
alter, and destroy habitat are ongoing throughout the species' range, 
including within protected areas (see also Factor D). Current research 
indicates that climate fluctuations exacerbate the risks to species 
that are already undergoing range reduction due to habitat alteration. 
Climate models predict that this species' habitat will continue to 
decline. Experts consider the species' population decline to be 
commensurate with the declining habitat (Factor E). Therefore, we find 
that destruction and modification of habitat are threats to the 
continued existence of the ash-breasted tit-tyrant throughout its 
range.

B. Overutilization for Commercial, Recreational, Scientific, or 
Educational Purposes

    We are not aware of any information currently available that 
indicates that overutilization of the species for commercial, 
recreational, scientific, or educational purposes has occurred or is 
occurring at this time. As a result, we are not considering 
overutilization to be a threat to the continued existence of the ash-
breasted tit-tyrant.

C. Disease or Predation

    We are not aware of any scientific or commercial information that 
indicate disease or predation poses a threat to this species. As a 
result, we are not considering disease or predation to be a

[[Page 613]]

threat to the continued existence of the ash-breasted tit-tyrant.

D. Inadequacy of Existing Regulatory Mechanisms

    This analysis of regulatory mechanisms is discussed on a country-
by-country basis, beginning with Peru.
    Peru: The ash-breasted tit-tyrant is considered ``endangered'' by 
the Peruvian Government under Supreme Decree No. 034-2004-AG (2004, p. 
276855). This Decree prohibits hunting, take, transport, and trade of 
protected species, except as permitted by regulation. As hunting, take, 
transport, and trade are not currently threats to the ash-breasted tit-
tyrant (Factor B), this regulation does not mitigate any current 
threats to this species.
    The Peruvian national protected area system includes several 
categories of habitat protection. Habitat may be designated as any of 
the following: (1) Parque Nacional (National Park, an area managed 
mainly for ecosystem conservation and recreation ); (2) Santuario 
(Sanctuary, for the preservation of sites of notable natural or 
historical importance); (3) Reserva Nacional (National Reserve, for 
sustainable extraction of certain biological resources); (4) Bosque de 
Proteccion (Protection Forest, to safeguard soils and forests, 
especially for watershed conservation); (5) Zona Reservada (Reserved 
Zone, for temporary protection while further study is under way to 
determine their importance); (6) Bosque Nacional (National Forest, to 
be managed for utilization); (7) Reserva Comunal (Communal Reserve, for 
local area use and management, with national oversight); and (8) Cotos 
de Caza (Hunting Reserve, for local use and management, with national 
oversight) (BLI 2008, p. 1; Rodriguez and Young 2000, p. 330). National 
reserves, national forests, communal reserves, and hunting reserves are 
managed for the sustainable use of resources (IUCN 1994, p. 2). The 
designations of National Parks, Sanctuaries, and Protection Forests, 
are established by supreme decree that supersedes all other legal claim 
to the land and, thus, these areas tend to provide more habitat 
protection. All other protected areas are established by supreme 
resolution, which is viewed as a less powerful form of protection 
(Rodriguez and Young 2000, p. 330).
    Protected areas have been established through regulation in at 
least three sites occupied by the ash-breasted tit-tyrant in Peru: 
Parque Nacional Huascaran (Ancash), and Santuario Historico Machu 
Picchu (Cusco); and Zona Reservada de la Cordillera Huayhuash (spanning 
Ancash, Huanuco, and Lima) (Barrio 2005, p. 563; BLI 2009i, p. 1; BLI 
2009l, p. 1; BLI 2009n, p. 1). Habitat destruction and alteration, 
including burning, cutting, and grazing are ongoing within Parque 
Nacional Huascaran and Santuario Historico Machu Picchu (BLI 2009l, p. 
4; BLI 2009n, p. 2; Engblom et al. 2002, p. 58), where resources are 
supposed to be managed for conservation (Rodriguez and Young 2000, p. 
330). Reserved zones are intended to be protected pending further study 
(Rodriguez and Young 2000, p. 330). However, burning for habitat 
conversion and maintenance of pastures for grazing and increasing 
ecotourism are ongoing within Zona Reservada de la Cordillera Huayhuash 
(Barrio 2005, p. 564). Therefore, the occurrence of the ash-breasted 
tit-tyrant within protected areas in Peru does not protect the species, 
nor does it mitigate the threats to the species from ongoing habitat 
loss (Factor A) and concomitant population decline (Factor E).
    Recent studies by the Peruvian Society for Environmental Law (SPDA) 
have concluded that there are approximately 5,000 laws and regulations 
directly or indirectly related to environmental protection and natural 
resource conservation in Peru. However, many of these are not effective 
because of limited implementation and/or enforcement capability (Muller 
2001, pp. 1-2).
    Bolivia: The 1975 Law on Wildlife, National Parks, Hunting and 
Fishing (Decree Law No. 12,301 1975, pp. 1-34) has the fundamental 
objective of protecting the country's natural resources. This law 
governs the protection, management, utilization, transportation, and 
selling of wildlife and their products; the protection of endangered 
species; habitat conservation of fauna and flora; and the declaration 
of national parks, biological reserves, refuges, and wildlife 
sanctuaries, tending to the preservation, promotion, and rational use 
of these resources (Decree Law No. 12,301 1975, pp. 1-34; eLAW 2003, p. 
2). Although this law designates national protection for all wildlife, 
there is no information as to the actual protections this confers to 
ash-breasted tit-tyrants. Law No. 12,301 (1975, pp. 1-34) also placed 
into public trust all national parks, reserves, refuges, and wildlife 
sanctuaries. However, there is no specific information as to the 
governmental protections afforded within the protected areas to either 
the ash-breasted tit-tyrant or its habitat. Given the ongoing habitat 
destruction throughout the species' range in Bolivia, this law does not 
protect the species, nor does it mitigate the threats to the species 
from ongoing habitat loss (Factor A) and concomitant population decline 
(Factor E).
    Bolivia passed an overarching environmental law in 1992 (Law No. 
1,333 1992), with the intent of protecting and conserving the 
environment and natural resources. However, there is no specific 
legislation to implement these laws (eLAW 2003, p. 1). Therefore, we 
cannot determine that this law protects the species or mitigates the 
threats to the species from ongoing habitat loss (Factor A) and 
concomitant population decline (Factor E).
    In Bolivia, habitat is protected either on the national or 
departmental level through the following designations: (1) Parque 
(Park, for strict and permanent protection of representative of 
ecosystems and provincial habitats, as well as plant and animal 
resources, along with the geographical, scenic and natural landscapes 
that contain them); (2) Santuario (Sanctuary, for the strict and 
permanent protection of sites that house endemic plants and animals 
that are threatened or in danger of extinction); (3) Monumento Natural 
(Natural Monument, to preserve areas such as those with distinctive 
natural landscapes or geologic formations, and to conserve the 
biological diversity contained therein); (4) Reserva de Vida Silvestre 
(Wildlife Reserve, for protection, management, sustainable use and 
monitoring of wildlife); (5) Area Natural de Manejo Integrado (Natural 
Area of Integrated Management, where conservation of biological 
diversity is balanced with sustainable development of the local 
population; and (6) Reserva Natural de Inmovilizacion (``Immobilized'' 
Natural Reserve, a temporary (5-year) designation for an area that 
requires further research before any official designations can be made 
and during which time no natural resource concessions can be made 
within the area) (Supreme Decree No. 24,781 1997, p. 3). Within parks, 
sanctuaries and natural monuments, extraction or consumption of all 
resources are prohibited, except for ``scientific research, eco-
tourism, environmental education, and activities of subsistence of 
original towns, properly described and authorized.'' National protected 
areas are under the management of the national government, while 
departmental protected areas are managed at the department level (eLAW 
2003, p. 3; Supreme Decree No. 24,781 1997, p. 3).
    The ash-breasted tit-tyrant occurs within several protected areas 
in the Department of La Paz, Bolivia: Parque Nacional y area Natural de 
Manejo

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Integrado Madidi, Parque Nacional y area Natural de Manejo Integrado 
Cotapata, and the co-located protected areas of Reserva Nacional de 
Fauna de Apolobamba, area Natural de Manejo Integrado de Apolobamba, 
and Reserva de la Biosfera de Apolobamba (Auza and Hennessey 2005, p. 
81; BLI 2009a, p. 1; BLI 2009b, p. 1; BLI 2009c, p. 1; BLI 2009e, p. 
1). Although national parks are intended to be strictly protected, the 
two parks in which the species occurs (Parque Nacional y area Natural 
de Manejo Integrado Madidi and Parque Nacional y area Natural de Manejo 
Integrado Cotapata) are also designated as areas of integrated 
management, which are managed for the biological conservation balanced 
with the sustainable development of the local population (Supreme 
Decree No. 24,781 1997, p. 3). Grazing and firewood extraction are 
ongoing within Parque Nacional y area Natural de Manejo Integrado 
Cotapata (BLI 2009b, p. 2; BLI 2009c, p. 2). Commercial logging has 
occurred within Parque Nacional y area Natural de Manejo Integrado 
Madidi (BLI 2009a, p. 2; WCMC 1998a, p. 1). Uncontrolled clearing, 
extensive agriculture, grazing, and ``irresponsible'' tourism are 
ongoing within the Apolobamba protected areas (Auza and Hennessey 2005, 
p. 81; BLI 2009e, p. 5). Habitat degradation and destruction from 
grazing, forest fires, and timber extraction are ongoing in other 
protected areas, such as Tunari National Park (Department of 
Cochabamba, Bolivia), where suitable habitat exists for this species 
(De la Vie 2004, p. 7). Therefore, the occurrence of the ash-breasted 
tit-tyrant within protected areas in Bolivia does not protect the 
species, nor does it mitigate the threats to the species from ongoing 
habitat loss (Factor A) and concomitant population decline (Factor E).

Summary of Factor D

    Peru and Bolivia have enacted various laws and regulatory 
mechanisms to protect and manage wildlife and their habitats. The ash-
breasted tit-tyrant is ``endangered'' under Peruvian law and occurs 
within several protected areas in Peru and Bolivia. As discussed under 
Factor A, the ash-breasted tit-tyrant prefers dense woodlands, which 
have been reduced by an estimated 99 percent in Peru and Bolivia, and 
the remaining habitat is fragmented and degraded. Habitat throughout 
the species' range has been and continues to be altered as a result of 
human activities, including clearcutting and burning for agriculture, 
grazing lands, and industrialization; extractive activities, including, 
firewood, timber, and mineral extraction; and human encroachment and 
concomitant increased pressure on natural resources. Despite the 
species' ``endangered'' status in Peru and Bolivian laws intended to 
protect all wildlife and natural resources, these activities are 
ongoing within protected areas, indicating that the laws governing 
wildlife and habitat protection in both countries are either inadequate 
or inadequately enforced to protect the species or to mitigate ongoing 
habitat loss (Factor A) and population declines (Factor E). Therefore, 
we find that the existing regulatory mecha