Endangered and Threatened Wildlife and Plants; 90-Day Finding on a Petition to List the Honduran Emerald Hummingbird as Endangered, 35746-35751 [2010-15225]

Agencies

• Fish and Wildlife Service
• DEPARTMENT OF THE INTERIOR

[Federal Register Volume 75, Number 120 (Wednesday, June 23, 2010)]
[Proposed Rules]
[Pages 35746-35751]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-15225]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[FWS-R9-ES-2009-0094]
[MO92210-0-0010-B6]


Endangered and Threatened Wildlife and Plants; 90-Day Finding on 
a Petition to List the Honduran Emerald Hummingbird as Endangered

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of 90-day petition finding and initiation of status 
review.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce a 
90-day finding on a petition to list as endangered under the Endangered 
Species Act of 1973, as amended (Act), the Honduran emerald hummingbird 
(Amazilia luciae). We find that the petition presents substantial 
scientific or commercial information indicating that listing the 
Honduran emerald hummingbird may be warranted. Therefore, with the 
publication of this notice, we are initiating a status review of the 
Honduran emerald hummingbird to determine if listing is warranted. To 
ensure that the status review is comprehensive, we are soliciting 
information and data regarding this species.

DATES: To allow us adequate time to conduct this review, we request 
that we receive information on or before August 23, 2010. After this 
date, you must submit information directly to the address in the FOR 
FURTHER INFORMATION CONTACT section). Please note that we may not be 
able to address or incorporate information that we receive after the 
above requested date.

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-2009-0094 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-2009-0094; Division of 
Policy and Directives Management; U.S. Fish and Wildlife Service; 4401 
N. Fairfax Drive, Suite 222; Arlington, VA 22203.
    We will post all comments on https://www.regulations.gov. This 
generally means that we will post any personal information you provide 
us (see the Information Solicited section below for more details).

FOR FURTHER INFORMATION CONTACT: Nicole Alt, Chief, Division of 
Conservation and Classification, 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:

Request for Information

    When we make a finding that substantial information is presented to 
indicate that listing a species may be warranted, we are required to 
promptly review the status of the species (status review). To ensure 
that the status review is complete and based on the best available 
scientific and commercial information, we request information on the 
Honduran emerald hummingbird. We request scientific and commercial 
information from the public, concerned governmental agencies, the 
scientific community, industry, or any other interested parties on the 
status of the Honduran emerald hummingbird, throughout its range, 
including but not limited to:
    (1) Information on taxonomy, distribution, habitat selection and 
trends (especially breeding and foraging habitats), diet, and 
population abundance and trends (especially current recruitment data) 
of this species.
    (2) Information on the effects of habitat loss and changing land 
uses on the distribution and abundance of this species and its 
principal food sources over the short and long term.
    (3) Information on whether changing climatic conditions are 
affecting the species, its habitat, or its prey base.
    (4) Information on the effects of other potential threat factors, 
including live capture and collection, domestic and international 
trade, predation by other animals, and diseases of this species or its 
principal food sources over the short and long term.
    (5) Information on management programs for hummingbird 
conservation, including mitigation measures related to conservation 
programs, and any other private, tribal, or governmental conservation 
programs that benefit this species.
    (6) Information relevant to whether any populations of this species 
may qualify as distinct population segments.
    (7) Information on captive populations and captive breeding and 
domestic trade of this species in the United States
    (8) Genetics and taxonomy;
    (9) The factors that are the basis for making a listing 
determination for a species under section 4(a) of the Act (16 U.S.C. 
1531 et seq.), which 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; or
    (e) Other natural or manmade factors affecting its continued 
existence.
    Please include sufficient information with your submission (such as 
full references) to allow us to verify any scientific or commercial 
information you include.
    We will base our status review on the best scientific and 
commercial information available, including all information we receive 
during the public comment period. Please note that

[[Page 35747]]

comments merely stating support or opposition to the actions under 
consideration without providing supporting information, although noted, 
will not be part of the basis of this determination, as section 
4(b)(1)(A) of the Act directs that determinations as to whether any 
species is a threatened or endangered species shall be made ``solely on 
the basis of the best scientific and commercial data available.'' At 
the conclusion of the status review, we will issue the 12-month finding 
on the petition, as provided in section 4(b)(3)(B) of the Act.
    You may submit your information concerning this status review by 
one of the methods listed in the ADDRESSES section. If you submit 
information via https://www.regulations.gov, your entire submission--
including any personal identifying information--will be posted on the 
website. If you submit a hardcopy that includes personal identifying 
information, you may request at the top of your document that we 
withhold this personal identifying information from public review. 
However, we cannot guarantee that we will be able to do so. We will 
post all hardcopy submissions on https://www.regulations.gov.
    Information and materials we receive, as well as supporting 
documentation we used in preparing this finding, will be available for 
public inspection on https://www.regulations.gov, or by appointment, 
during normal business hours, at the U.S. Fish and Wildlife Service, 
Endangered Species Program, Branch of Listing (see FOR FURTHER 
INFORMATION CONTACT).

Background

    Section 4(b)(3)(A) of the Act requires that we make a finding on 
whether a petition to list, delist, or reclassify a species presents 
substantial scientific or commercial information to indicate that the 
petitioned action may be warranted. We are to base this finding on 
information provided in the petition, supporting information submitted 
with the petition, and information otherwise available in our files. To 
the maximum extent practicable, we are to make this finding within 90 
days of our receipt of the petition and publish our notice of this 
finding promptly in the Federal Register.
    Our standard for substantial information within the Code of Federal 
Regulations (CFR) with regard to a 90-day petition finding is ``that 
amount of information that would lead a reasonable person to believe 
that the measure proposed in the petition may be warranted'' (50 CFR 
424.14(b)). If we find that substantial scientific or commercial 
information was presented, we are required to promptly review the 
status of the species, which is subsequently summarized in our status 
review (also referred to as a 12-month finding).

Petition History

    On October 28, 2008, the Service received a petition dated October 
28, 2008, from Mr. David Anderson of Louisiana State University on 
behalf of The Hummingbird Society of Sedona, Arizona; The Hummingbird 
Conservancy of Butte, Montana; Clos LaChance of San Martin, California; 
Honduran Environmental Network for Sustainable Development of La Ceiba, 
Honduras; Fundaci[oacute]n Parque Nacional Pico Bonito of La Ceiba, 
Honduras; EcoLogic Development Fund of Cambridge, Massachusetts; and 
Crowell and Moring, LLP of the District of Columbia, requesting that we 
list the Honduran emerald hummingbird as endangered under the Act. The 
petition clearly identified itself as a petition and included the 
requisite identification information required at 50 CFR 424.14(a). In 
response to the petitioners' request, we sent a letter to Mr. Anderson 
dated December 5, 2008, that acknowledged receipt of the petition. The 
petition also included a letter from the Honduras Ambassador, Roberto 
Flores Bermudez, to Secretary Salazar, dated January 23, 2009, in 
support of this petition. We also received subsequent letters 
supporting the petition to list this species from the Francis Lewis 
High School Key Club on February 12, 2009, the Lehman College Key Club 
on February 26, 2009, and the Ecologic Development Fund on April 8, 
2009. This finding addresses this petition to list this species as 
endangered.

Previous Federal Actions

    There have been no previous Federal actions concerning this 
species.

Species Information

Description and Taxonomy

    The Honduran emerald hummingbird is in the family Trochilidae 
(Birdlife International (BLI) 2008, p. 1). The species is medium sized 
with an average length of 9.5 centimeters (cm) (3.7 inches (in)) (BLI 
2008, p. 2). As do all hummingbirds, this hummingbird exhibits slight 
sexual dimorphism demonstrated in the coloring of the plumage. The male 
has an iridescent blue-green throat and upper chest, occasionally with 
a grey mottled coloring. The back is an emerald green color, the 
ventral side of the bird is pale grey with mottled green sides, and the 
tail is bright green with a bronze hint on the upper tail coverts (BLI 
2008, p. 1). The bill is black with a red mandible and dark tip. The 
plumage of the female is less brilliant (BLI 2008, p. 2). The tail of 
the female contains a grey tip, and the band of distinctive color on 
the throat of the female hummingbird is narrower, with pale edges (BLI 
2008, p. 2; Monroe 1968, p. 183). Juveniles have grayish throats 
spotted with turquoise (BLI 2008, p. 2).
    The species was first taxonomically described by Lawrence in 1867 
and placed in the Trochilidae family as Amazilia luciae (UNEP-WCMC 
2009a, p. 1). According to the Convention on International Trade in 
Endangered Species of Wild Fauna and Flora (CITES) species database, 
the Honduran emerald hummingbird is also known by the synonyms 
Polyerata luciae and Thaumatias luciae (UNEP-WCMC 2009a, p. 1). Both 
CITES and BirdLife International recognize the species as Amazilia 
luciae (BLI 2008, p. 1). Therefore, we accept the species as Amazilia 
luciae, which follows the Integrated Taxonomic Information System (ITIS 
2009). Common names for the species include Honduran emerald 
hummingbird (English), Ariane De Lucy (French), and Esperalda 
Hondure[ntilde]a (Spanish).

Distribution

    The Honduran emerald hummingbird is endemic to Honduras (BLI 2008 
p. 2; Collar et al. 1992, p. 493; Thorn et al. 2000, p. 3). The 
historic range of the species spanned six sites in four Departments 
(similar to ``States'' in the United States) in Honduras, including: 
Santa Barbara, Santa Barbara Department (recorded in May 1935) (Monroe 
1968, p. 182); Cofradi[aacute], Cortes Department (recorded March 1933) 
(Monroe 1968, p. 182); Coyoles, Yoro Department (recorded June 1948 and 
1950) (Monroe 1968, p. 182); Olanchito, Yoro Department (recorded June 
1988) (Howell and Webb 1989, pp. 642-643); El Boquer[oacute]n, Olancho 
Department (recorded September 1937) (Monroe 1968, p. 182); Catacamas, 
Olancho Department (recorded August 1937) (Monroe 1968, p. 182) and 
March 1991 (Howell and Webb 1992, pp. 46-47). There are no records of 
the Honduran emerald hummingbird between 1950 and 1988. In 1988, the 
species was found to be common in Olanchito and Coyoles, which are 
located 16 kilometers (km) (9 miles (mi)) apart (BLI 2008, p. 2). In 
March 1991, Howell and Webb (1992, pp. 46-47) reported that between 22 
and 28 individuals were found in a patch of habitat measuring

[[Page 35748]]

500 x 50 meters (m) (1,640 x 164 feet (ft)) near Olanchito. The bird 
was found in 1996 in the Agalta Valley on less than 1 km\2\ (247 acres 
(ac)) of suitable habitat (BLI 2008, p. 3).
    According to the petition, the bird has recently only been observed 
in two valleys, Valle de Agu[aacute]n in Yoro and Valle de Agalta in 
Olancho. This information is supported by Thorn et al. (2000), whereby 
the species was reported in San Esteban, located in the Agalta Valley, 
Olancho Department, and Olanchito and Coyoles in the Agu[aacute]n 
Valley of the Yoro Department (pp. 22-23). A 2007 expedition (Anderson 
and Hyman 2007, p. 6) reported species occurrences in a third site, the 
Telica Valley, Olancho Department, and confirmed species occurrences in 
the Agalta Valley near San Esteban.

Habitat Characteristics

    The Honduran emerald hummingbird prefers arid interior valleys of 
thorn forest and shrub. Most of the hummingbird's occurrences have been 
noted at elevations below 410 meters (m) (1,345 feet (ft)); however, 
one occurrence is recorded at 1,220 m (4,003 ft) (Collar et al. 1992, 
p. 494; Collar et al. 1994, p. 119; BLI 2008, p. 3). In the Coyoles 
area, the thorn forest is primarily comprised of Mimosaceae (herbaceous 
and woody species), Cactaceae (cactus species), and Euphorbiaceae 
(herbs, shrubs, trees, and some succulent species) (Collar et al. 1992, 
p. 494). Thorn et al. (2000, p. 23) observed that habitat with abundant 
flowers, red in particular, appear to be a critical characteristic for 
suitable habitat. The petitioners state that the species is a habitat 
specialist and claim that it cannot survive without suitable habitat.

Life History

    The petition provides very limited information on the life history 
of the Honduran emerald hummingbird and, based on the information 
available in our files, little life history information exists on this 
species. As with all hummingbird species, the Honduran emerald relies 
on nectar-producing flowers for food but also relies on insects and 
spiders as a source of protein (BLI 2008, p. 3; Collar et al. 1992, p. 
494). Specifically, the hummingbird has been observed feeding on the 
following plants: Pithecellobium lentiscifolium (no common name (NCN), 
in the Leguminosae-caesalpinioideae family), Aechmea cf. bracteata 
(NCN, in the Bromeliaceae family), Pedilanthus cf. tithymaloides (NCN, 
in the Euphorbiaceae family), and organ pipe cactus (which is likely to 
be either Lemaireocereus or Cephalocereus) (Collar et al. 1992, p. 494; 
Howell and Webb 1989, p. 643).
    The petitioners also indicate that following plant species are food 
sources for this hummingbird: Nopalea hondurensis (paddle cactus, in 
the Cactaceae family), Stenocereus yunckeri (NCN, in the Cactaceae 
family), Pilosocereus leucocephalus (NCN, in the Cactaceae family), 
Melocactus curvispinus (NCN, in the Cactaceae family), Bromelia 
plumieri (NCN, in the Bromeliaceae family), Tillandsia fasiculata (NCN, 
in the Bromeliaceae family), Tillandsia bracycaulus (NCN, in the 
Bromeliaceae family), Achmea bracteata (NCN, in the Bromeliaceae 
family), Pedilanthus camporum (NCN, in the Euphorbiaceae family), 
Combretum fruticosum (Orange Flame Vine, in the Combretaceae family), 
Psittacanthus rhyncanthus (NCN, in the Loranthaceae family), and 
Aphelandra deppeana (NCN, in the Acanthaceae family).
    There is limited information available on the Honduran emerald 
hummingbird's behavior; it is generally identified by its plumage. In 
1988, one bird was observed defending a territory of 10 m\2\ (108 
ft\2\), suggesting that the species may be territorial (Collar et al. 
1992, p. 493; Howell and Webb 1989, p. 643), as are many hummingbird 
species. In June 1988, Howell and Webb (1989, p. 643) observed several 
birds feeding at heights between 0.5 to 10 m (2 to 32 ft), and observed 
a bird with fresh plumage singing. Collar et al. (1992, p. 494) thought 
that the observation may have been made during the species' breeding 
season.

Conservation Status

    In 1987, the Honduran emerald hummingbird was listed in CITES 
Appendix II, which includes species that are not necessarily threatened 
with extinction, but may become so unless trade is subject to strict 
regulation to avoid utilization incompatible with the species' 
survival. International trade in specimens (dead or live) of Appendix 
II species is authorized through a system of permits or certificates 
under certain circumstances. This process includes verification that 
trade will not be detrimental to the survival of the species in the 
wild, and that the material was legally acquired (UNEP-WCMC 2009a). In 
1990, the Honduran emerald hummingbird was placed on the International 
Union for Conservation of Nature (IUCN) Red list as endangered, and the 
status changed to critically endangered in 2000 (IUCN 2008; UNEP-WCMC 
2009a, p. 2).
    The 2008 petition claims that the current global population may be 
between 500 and 2,000 breeding pairs. However, BirdLife International 
estimated (2009, p. 2) that the population is between 250 and 999 birds 
with a decreasing trend, within a range of 12 km\2\ (2,965 ac).

Evaluation of Information for this Finding

    Section 4 of the Act (16 U.S.C. 1533) and its implementing 
regulations at 50 CFR 424 set forth the procedures for adding species 
to the Federal List 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: (A) present or threatened destruction, modification, or 
curtailment of habitat or range; (B) overutilization for commercial, 
recreational, scientific, or educational purposes; (C) disease or 
predation; (D) the inadequacy of existing regulatory mechanisms; or (E) 
other natural or manmade factors affecting its continued existence.
    In making this 90-day finding, we evaluated whether information 
concerning threats to the Honduran emerald hummingbird, as presented in 
the petition and clarified by information available in our files at the 
time of the petition review, constitutes substantial scientific or 
commercial information such that listing under the Act may be 
warranted. Our evaluation of this information is presented below.

A. The Present or Threatened Destruction, Modification, or Curtailment 
of its Habitat or Range

    The petition presents numerous assertions regarding the present or 
threatened destruction, modification, or curtailment of the Honduran 
emerald hummingbird's habitat or range. The petition received on 
October 28, 2008, reported that in 2000, a survey was conducted on this 
species and found that it occurs in dry tropical forest and has 
specific habitat requirements which were described above (Anderson and 
Hyman 2007, pp. 1-4). The petitioners estimate that 90 percent of the 
original habitat of the Honduran emerald hummingbird no longer exists; 
it was converted to cattle pastures and plantation agriculture 
(Anderson 2008, p. 11). They indicate that as of the year 2000, only 
8,495 hectares (ha) (20,092 ac) (Thorn et al 2008, p. 25) of the 
species' dry forest habitat remain of what were 16,000 ha (39,537 ac) 
in 1977 and 30,000 ha (74,132 ac) in 1938.

[[Page 35749]]

    The petition indicated that the hummingbird is no longer found in 
the Santa B[aacute]rbara and Corte Departments because all of the 
original thorn forest has been cleared for housing, towns, agriculture, 
and cattle grazing. This is supported by information provided with the 
petition (Stattersfield and Capper 2000, p. 311). Remaining habitat in 
the Agu[aacute]n valley (Yoro Department) and Agalta Valley (Olancho 
Department) is privately owned as large haciendas (plantations or 
farms), where cattle grazing, clearing for cattle, and plantation 
agriculture continues to occur (Stattersfield and Capper 2000, p. 311). 
Thorn forests have been cleared in the Agu[aacute]n Valley to create 
banana and plantain plantations and rice farms, as well as pasture for 
cattle (Stattersfield and Capper 2000, p. 311). In 2000, Thorn et al. 
stated that the remaining 150 ha (371 ac) of habitat in San Esteban, 
south of Boquer[oacute]n in the Olancho Department, was disturbed by 
cattle grazing and rice farming (p. 22).
    The petition asserts that roads have also been constructed through 
Honduran emerald habitat and that these roads are having a detrimental 
effect on the species. The petition provides a photograph of a road 
construction project widening the principle highway between Olanchito 
and Yoro, spanning 57 km (35 mi). The photo is indicative of previously 
suitable habitat that had been removed in Olanchito (Stattersfield and 
Capper 2000, p. 311; Thorn et al. 2000, p. 4). Researchers reported on 
plans to pave and extend this road through the range of the species, 
and suggested that the road would further exacerbate habitat loss (BLI 
2000, p. 311, Thorn et al., p. 32).
    Based on the information provided in the petition (p. 3) and the 
supporting information with respect to the present or threatened 
destruction, modification, or curtailment of its habitat or range, 
there appears to be a decrease in the species' suitable habitat. 
Conversion of land previously known to contain Honduran emerald 
hummingbirds to agriculture and an apparent decrease in reported 
occurrences of Honduran emerald hummingbirds between 1988 and 1996 
indicate that there may be a decline in suitable habitat (Collar et al 
1992, p. 494; Stattersfield and Capper 2000, p. 311). For example, in 
1988 the species was known to be common in Olanchito and Coyoles (BLI 
2000, p. 311). BirdLife International reported that in 1991, between 22 
and 28 individuals were found in 2.5 km\2\ (618 ac) of habitat in 
Olanchito. In 1996 the Honduran emerald hummingbird was found in less 
than 1 km\2\ (247 ac) of habitat in the Agalta valley (Olancho 
Department), northeast of Gualaco (Stattersfield and Capper 2000, p. 
311). This species appears to have undergone a sharp decline in the 
past 60 years as much of the once vast arid habitat has been converted 
to other uses.
    Although data on this species is limited, the information above 
indicates that these activities are significant threats to the species' 
habitat. We generally find that the information presented by the 
petitioner appears to be reliable in regard to the amount of habitat 
modification and alteration due to road construction that has occurred 
within the range of the Honduran emerald hummingbird. In addition, the 
information presented in the petition, as well as the information in 
our files, relating to threats to the Honduran emerald hummingbird and 
its habitat from dry forest clearing for cattle grazing, agricultural 
development, road construction, and residential development appears to 
be reliable and substantial. Based on the information presented in the 
petition and available in our files, we find that the petition presents 
substantial information that may that listing the Honduran emerald 
hummingbird as a threatened or endangered species may be warranted due 
to present or threatened destruction, modification, or curtailment of 
its habitat or range.

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

    The petition does not provide information or list any threats to 
the Honduran emerald hummingbird from overutilization for commercial, 
recreational, scientific, or educational purposes. Since its listing 
under CITES Appendix II in 1987, only two CITES-permitted international 
transactions of the Honduran emerald hummingbird are known, those being 
from Germany to the United States in 1996 (UNEP-WCMC 2009b). Therefore, 
we believe that international trade is not a factor influencing the 
species' status in the wild. In addition, we are unaware of any other 
information currently available that indicates that collection or 
overutilization of the Honduran emerald hummingbird for commercial, 
recreation, scientific, or education purposes has occurred. As a 
result, we have determined that the petition does not present 
substantial information that the Honduran emerald hummingbird may be 
threatened by overutilization for commercial, recreational, scientific, 
or educational purposes. However, we will evaluate all factors, 
including potential threats from overutilization for commercial, 
recreational, scientific, or educational purposes, when we conduct our 
status review.

C. Disease or Predation

    The petition does not provide information or indicate that there 
are any threats to the Honduran emerald hummingbird from disease or 
predation. The Intergovernmental Panel on Climate Change (2007, p. 51) 
suggests that the distribution of some disease vectors may change as a 
result of climate change. However, the Service has no information at 
this time to suggest that any specific diseases are or may become 
problematic to the Honduran emerald hummingbird. As a result, we have 
determined that the petition does not present substantial information 
that the Honduran emerald hummingbird may be threatened by disease or 
predation. However, we will evaluate all factors, including threats 
from disease and predation, when we conduct our status review.

D. The Inadequacy of Existing Regulatory Mechanisms

    The petition provides little information regarding the inadequacy 
of existing regulatory mechanisms. The petition mentions a prohibition 
of livestock grazing in some areas to protect Honduran emerald 
hummingbird habitat. The petition does not provide information on who 
established the prohibition or exact locations and extent of the 
prohibition. The petition does not provide information on current laws 
or policies that would serve to protect the Honduran emerald 
hummingbird.
    The Honduran emerald hummingbird is listed on Appendix II of CITES. 
Appendix II lists species that are not necessarily now threatened with 
extinction but that may become so unless trade is closely controlled. 
CITES records indicate that two individuals were traded from Germany to 
the United States in 1996. CITES only regulates international trade of 
species listed on CITES Appendices and does not regulate the species 
within in its country of origin. Due to the apparent very limited 
international trade in this species, we do not believe that trade and 
the regulations governing international trade pose a threat to this 
species. Based on the petition and the information in our files, we 
have determined that the petition does not present substantial 
information that the Honduran emerald hummingbird may be threatened by 
inadequacy of existing regulatory mechanisms. However, we will evaluate 
all factors, including the inadequacy of

[[Page 35750]]

existing regulatory mechanisms, when we conduct our status review.

E. Other Natural or Manmade Factors Affecting Continued Existence

    The petitioners point out that the small population size increases 
the species' risk of extinction and assert three reasons why this is a 
threat to this species:
    (1) Small, declining populations are less able to sustain 
stochastic (random) events such as fires and severe storm events;
    (2) Genetic bottlenecks (dramatic reductions in population and thus 
of genetic variability) reduce the reproductive fitness of small 
populations, which cause a drop in the species reproduction rate; and
    (3) fragmented habitat patches may lack all of the resources the 
species needs to sustain a viable population, which in turn reduces the 
birds' ability to locate needed resources.
    Due to the factors above, the petitioners suggested that stochastic 
events may push a small population past a threshold that causes 
extinction despite the presence of suitable habitat.
    Because small populations may be vulnerable to single event 
occurrences, as suggested in the petition, it is important to have 
information on how likely it is such an event may occur (such as 
referencing historical frequency of that event), whether the specific 
event might impact the species (for example, whether habitat 
fragmentation would affect the species), what form that impact would 
take and by what mechanism it might affect the species (in other words, 
what specific life history function, habitat requirement, or other need 
of the species might be impacted and how), and whether the possible 
impact would likely result in a significant threat to the species (to 
what extent might the event be a negative impact on the species).
    In order to determine that there is substantial information that 
the species may be in danger of extinction now or in the foreseeable 
future due to small population sizes and stochastic events, information 
in the petition or in our files should be specific to the species and 
should reasonably suggest that these factors may be operative threats 
that act on the species to the point that it may warrant protection 
under the Act. Broad statements about a generalized threat to species 
with small populations do not constitute substantial information that 
listing may be warranted. Rather, to raise a substantial question as to 
whether a species may be threatened with extinction now or in the 
foreseeable future, information specific to the species and situation 
(such as life-history characteristics and measures of rarity) should be 
linked to potential threats. It is not sufficient to say that because a 
species is rare or because it has a small population, it is threatened 
by general stochastic events such as natural catastrophes. There must 
be some likely stressor acting on the species or its habitat that may 
affect a species' status such that the species may be threatened now or 
within the foreseeable future.
    Information provided with the petition, as well as information in 
our files, indicates that the population of the Honduran emerald 
hummingbird is small and declining (BLI 2009, p. 2; Stattersfield and 
Capper 2000, p. 311). In 2007, the information available indicated that 
this species has experienced a population decline since the 1960s and 
consisted of fewer than 2,000 individuals distributed within two, and 
possibly a third, valleys (Anderson and Hyman 2007, p. 6; BLI 2008, p. 
2). In 2008, Birdlife International stated that the population estimate 
was between 250 and 999 birds and in decline, within an estimated range 
of 12 km\2\ (2965 ac) (p. 2). The 2008 IUCN Red List of Threatened 
Species also stated that the population trend of the species is 
decreasing (p. 2). In addition, the CITES species database reports that 
the range of the Honduran emerald hummingbird is declining (UNEP-WCMC 
2009a, p. 2).
    Species tend to have a higher risk of extinction if they occupy a 
small geographic range, occur at low density, occupy a high trophic 
level (position in food chain), and exhibit low reproductive rates 
(Purvis et al. 2000, p. 1949). Small populations can be more affected 
by demographic stochasticity, local catastrophes, and inbreeding (Pimm 
et al. 1988, pp. 757, 773-775). The small, declining population makes 
the species vulnerable to genetic stochasticity due to inbreeding 
depression and genetic drift (random changes in gene frequency). This, 
in turn, compromises a species' ability to adapt genetically to 
changing environments (Frankham 1996, p. 1507) and reduces fitness, and 
increases extinction risk (Reed and Frankham 2003, pp. 233-234).
    The petitioner provided information to indicate that the range and 
abundance of the hummingbird has been significantly curtailed. Because 
the Honduran emerald hummingbird is currently found in only two (and 
possibly a third) valleys, and has undergone a restriction in range and 
a decline in population size, any threats to the species are further 
magnified. Limited-range species are susceptible to extirpation 
including when a species' remaining population is already small or its 
distribution is too fragmented. The species may no longer be 
demographically or genetically viable (Harris and Pimm 2004, p. 1612-
1613). Secondary impacts that are associated with activities that 
fragment the remaining tracks of suitable habitat used by the Honduran 
emerald hummingbird include the loss of genetic variability. In 
addition, while this hummingbird may be tolerant of fragmented forests 
or other disturbed sites, these areas may not represent optimal 
conditions for the species. As a result of these impacts, there is 
often a time lag between the initial conversion or degradation of 
suitable habitats and the extinction of endemic bird populations 
(Brooks et al. 1999a, p. 1; Brooks et al. 1999b, p. 1140). Even when 
potentially occupied sites may be formally protected (see Factor D), 
the remaining fragments of forested habitat will likely undergo further 
degradation due to their altered dynamics and isolation (through 
infestation of gap-opportunistic species, which alter forest structure 
and decrease in gene flow between populations. (Tabanez and Viana 2000, 
pp. 929-932). Therefore, even without further habitat loss or 
degradation, the Honduran emerald hummingbird remains at risk from past 
impacts to its suitable habitats.
    Due to its small, recently declining population, the decreased 
availability of suitable habitat, the fragmentation of suitable 
habitat, and the likelihood that there are only two or three remaining 
populations, the species may be vulnerable to genetic problems such as 
inbreeding depression. On the basis of our evaluation of the material 
provided in the petition and available in our files, the species does 
appear to have a small and declining population due to few recorded 
individuals, specific habitat requirements, and the severe reduction in 
its distribution and amount and extent of suitable habitat. Therefore, 
we find that the petition presents substantial evidence indicating that 
other natural or manmade factors affecting continued existence such as 
the decrease in genetic variability may be a threat to the species. We 
will evaluate this factor further when we conduct our status review.

Finding

    Section 4(b)(3)(A) of the Act requires that we make a finding 
whether a petition to list, delist, or reclassify a species presents 
substantial scientific or commercial information indicating that the 
petitioned action may be warranted.

[[Page 35751]]

 We are to base this finding on information provided in the petition, 
supporting information submitted with the petition, and information 
available in our files. To the maximum extent practicable, we are to 
make this finding within 90 days of our receipt of the petition and 
publish our notice of the finding promptly in the Federal Register.
    Our process for making this 90-day finding under section 4(b)(3)(A) 
of the Act is limited to a determination of whether the information in 
the petition presents ``substantial scientific and commercial 
information,'' which is interpreted in our regulations as ``that amount 
of information that would lead a reasonable person to believe that the 
measure proposed in the petition may be warranted'' (50 CFR 424.14(b)). 
We reviewed the petition, supporting information provided by the 
petitioner, and information in our files, and we evaluated that 
information to determine whether the sources cited support the claims 
made in the petition.
    The petition and supporting information identified factors 
affecting the Honduran emerald hummingbird including land clearing for 
cattle grazing and agriculture, road construction and expansion, 
residential development (Factor A) and loss of genetic variability due 
to a small and declining population (Factor E). On the basis of 
information provided in the petition and other information in our 
files, we have determined that the petition presents substantial 
scientific or commercial information that listing the Honduran emerald 
hummingbird under the Act may be warranted. Therefore, we are 
initiating a status review to determine if listing the species is 
warranted. During the status review, we will consider threats to the 
hummingbird under all of the listing factors above. To ensure that the 
status review is comprehensive, we are soliciting scientific and 
commercial data and other information regarding this species.
    The ``substantial information'' standard for a 90-day finding 
differs from the Act's ``best scientific and commercial data'' standard 
that applies to a status review to determine whether a petitioned 
action is warranted. A 90-day finding does not constitute a status 
review under the Act. In a 12-month finding, we will determine whether 
a petitioned action is warranted after we have completed a thorough 
status review of the species, which we would conduct following a 
substantial 90-day finding. Because the Act's standards for 90-day and 
12-month findings are different, as described above, a substantial 90-
day finding does not mean that the 12-month finding will result in a 
warranted finding.

References Cited

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

Author

    The primary authors of this notice are staff members of the 
Endangered Species Program, U.S. Fish and Wildlife Service.

Authority

    The authority for this action is the Endangered Species Act of 
1973, as amended (16 U.S.C. 1531 et seq.).

    Dated: June 9, 2010
Jeffrey L. Underwood,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2010-15225 Filed 6-22-10; 8:45 am]
BILLING CODE 4310-55-S