Endangered and Threatened Wildlife and Plants; Listing Six Foreign Birds as Endangered Throughout Their Range, 50052-50080 [2011-19953]

Agencies

• Fish and Wildlife Service
• DEPARTMENT OF THE INTERIOR

[Federal Register Volume 76, Number 155 (Thursday, August 11, 2011)]
[Rules and Regulations]
[Pages 50052-50080]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-19953]



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Vol. 76

Thursday,

No. 155

August 11, 2011

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 Six Foreign 
Birds as Endangered Throughout Their Range; Final Rule

Federal Register / Vol. 76 , No. 155 / Thursday, August 11, 2011 / 
Rules and Regulations

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[FWS-R9-ES-2009-0084; MO 92210-1111F114 B6]
RIN 1018-AW39


Endangered and Threatened Wildlife and Plants; Listing Six 
Foreign Birds as Endangered Throughout Their Range

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: We, the U.S. Fish and Wildlife Service, determine endangered 
status for the following six foreign species found on islands in French 
Polynesia and in Europe, Southeast Asia, and Africa: Cantabrian 
capercaillie (Tetrao urogallus cantabricus); Marquesan imperial pigeon 
(Ducula galeata); the Eiao Marquesas reed-warbler (Acrocephalus 
percernis aquilonis), previously referred to as (Acrocephalus mendanae 
aquilonis); greater adjutant (Leptoptilos dubius); Jerdon's courser 
(Rhinoptilus bitorquatus); and slender-billed curlew (Numenius 
tenuirostris), under the Endangered Species Act of 1973 (Act), as 
amended. This final rule implements the Federal protections provided by 
the Act for these species.

DATES: This rule becomes effective September 12, 2011.

ADDRESSES: This final rule is available on the Internet at https://www.regulations.gov and comments and materials received, as well as 
supporting documentation used in the preparation of this rule, will be 
available for public inspection, by appointment, during normal business 
hours at: U.S. Fish and Wildlife Service, 4401 N. Fairfax Drive, Suite 
400, Arlington, VA 22203.

FOR FURTHER INFORMATION CONTACT: Janine Van Norman, Chief, Branch of 
Foreign Species, Endangered Species Program, U.S. Fish and Wildlife 
Service, 4401 North 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:

Background

    The Endangered Species Act of 1973, as amended (Act) (16 U.S.C. 
1531 et seq.) is a law that was passed to prevent extinction of species 
by providing measures to help alleviate the loss of species and their 
habitats. Before a plant or animal species can receive the protection 
provided by the Act, it must first be added to the Federal Lists of 
Threatened and Endangered Wildlife and Plants; section 4 of the Act and 
its implementing regulations at 50 CFR part 424 set forth the 
procedures for adding species to these lists.

Previous Federal Actions

    On January 5, 2010, the Service published in the Federal Register a 
rule proposing to list these six foreign bird species as endangered 
under the Act (75 FR 286). Following publication of the proposed rule, 
we implemented the Service's peer review process and opened a 60-day 
comment period to solicit scientific and commercial information on the 
species from all interested parties. For more detailed information on 
previous Federal actions, please refer to the January 2010 proposed 
rule.

Summary of Comments and Recommendations

    We base this finding on a review of the best scientific and 
commercial information available, including all information received 
during the public comment period. In the January 5, 2010, proposed 
rule, we requested that all interested parties submit information that 
might contribute to development of a final rule. We also contacted 
appropriate scientific experts and organizations and invited them to 
comment on the proposed listings. We received comments from 10 
individuals; five of which were from peer reviewers.
    We reviewed all comments we received from the public and peer 
reviewers for substantive issues and new information regarding the 
proposed listing of these species, and we address those comments below. 
Overall, the commenters and peer reviewers supported the proposed 
listing. Nine comments included additional information for 
consideration; the remaining comment simply supported the proposed 
listing without providing scientific or commercial data.

Peer Review

    In accordance with our policy published on July 1, 1994 (59 FR 
34270), we solicited expert opinions from 21 individuals with 
scientific expertise that included familiarity with the species, the 
geographic region in which the species occurs, and conservation biology 
principles. We received responses from five of the peer reviewers from 
whom we requested comments. They generally agreed that the description 
of the biology and habitat for the species was accurate and based on 
all relevant literature. Some new information was provided for some of 
the species, as well as technical clarifications, as described below. 
Technical corrections suggested by the peer reviewers have been 
incorporated into this final rule. In some cases, it has been indicated 
in the citations by ``personal communication'' (pers. comm.), which 
could indicate either an e-mail or telephone conversation; while in 
other cases, the research citation is provided.

Peer Reviewer Comments

    (1) Comment: Two peer reviewers provided comments and additional 
literature regarding the Cantabrian capercaillie's diet, noting that 
the diet for the subspecies is unique compared to other capercaillie 
species.
    Our Response: We reviewed the additional literature provided and 
updated the information on the subspecies' population estimate and 
diet, highlighting the use of different plants throughout the season.
    (2) Comment: One peer reviewer stated that grouse, including 
capercaillie, do not have ``crests,'' but supraorbital combs and that 
the description of the bird given was not a good one. Another peer 
reviewer noted that the species description included only the male 
plumage and did not describe the female.
    Our Response: The ``crests'' in the species description given in 
the proposed rule refers to a scarlet crest-shaped area above the eyes. 
We have replaced ``crests'' with ``supraorbital combs.'' We have also 
revised the species description to include more specific details of the 
species' traits and included a description of the female.
    (3) Comment: One peer reviewer provided additional literature on 
differences in habitat selection within the Cantabrian capercaillie 
subspecies.
    Our Response: We have reviewed the provided literature and have 
revised our discussion on the Cantabrian capercaillie habitat to 
reflect the slight differences in the preferred habitat of hens and 
cocks during the summer.
    (4) Comment: One peer reviewer stated that there was not enough 
data available to support information on Cantabrian capercaillie 
population subdivision.
    Our Response: The peer reviewer is referring to a study, conducted 
by Pollo et al. (2005), which we included in our discussion of the 
population decline in Cantabrian capercaillie. The study counted 
singing males in leks located across the southern slope of the

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Cantabrian Mountains. The author considered a set of leks of a side-
valley or a continuous forested habitat, generally separated by 
intervening ridges, to be a subpopulation. There is no information 
indicating that these groupings are true subpopulations. Based on this, 
we removed the language referring to subpopulations and reported the 
results of the study in total number of singing males across the 
southern slope.
    (5) Comment: One peer reviewer stated there were updates on the 
phylogeography of the Cantabrian Capercaillie and its potential 
significance for future management, and provided additional literature.
    Our Response: We reviewed the provided literature and incorporated 
the results of a genetic study under the Conservation Status section 
for this species.
    (6) Comment: One peer reviewer provided clarification on the IUCN 
assessment process.
    Our Response: Our discussion under the Conservation Status section 
of the proposed rule suggested that the International Union for 
Conservation of Nature (IUCN) had decided not to list the Cantabrian 
subspecies. All bird species are regularly assessed by the IUCN; 
however, subspecies are often omitted because of capacity limitations, 
although IUCN Red List categories and criteria can be applied to 
subspecies. We have revised the discussion per the peer reviewer's 
comment.
    (7) Comment: One peer reviewer suggested that the common name Eiao 
Polynesian warbler was misleading and suggested a more specific English 
common name, Eiao Marquesas reed-warbler. This peer reviewer also 
provided additional citations for the Eiao Polynesian warbler and 
Marquesan imperial pigeon.
    Our Response: The peer reviewer pointed out that species of the 
genus Acrocephalus are specifically reed-warblers and there are several 
species which inhabit the Polynesian region. We have changed our use of 
Eiao Polynesian warbler to Eiao Marquesas reed-warbler to more clearly 
refer to the reed-warbler that resides on Eiao Island in the Marquesas. 
We also reviewed the suggested citations and updated the information on 
clutch size for the Eiao Marquesas reed-warbler and population 
information for the Marquesan imperial pigeon.
    (8) Comment: One peer reviewer provided additional citations 
regarding the description of the Jerdon's courser. This peer reviewer 
also provided information on hunting as a threat to the Jerdon't 
courser.
    Our Response: We have reviewed the suggested citation and have 
corrected the species description for the Jerdon's courser. Also, we 
have added information on hunting as a potential threat to this 
species, but also note that there is no quantitative information on 
which to analyze this threat.
    (9) Comment: One peer reviewer provided two additional citations 
for consideration regarding the slender-billed curlew.
    Our Response: We reviewed the suggested citations and included 
additional information on nesting habitat and alterations to the 
nesting habitat described by Ushakov in 1924.

Public Comments

    (10) Comment: One commenter suggested we also consider protecting 
the habitat of these six species.
    Our Response: The Service does not have the authority to purchase 
or similarly protect habitat in areas under the jurisdiction of other 
countries. However, recognition through listing results in public 
awareness, and encourages and results in conservation actions by 
Federal and State governments, private agencies and groups, and 
individuals; these actions may address the conservation of habitat 
needed by foreign-listed species. The Act also authorizes the provision 
of limited financial assistance for the development and management of 
programs that the Secretary of the Interior determines to be necessary 
or useful for the conservation of endangered and threatened species in 
foreign countries; these programs may also be aimed at the conservation 
of habitat needed by listed species.
    (11) Comment: One comment provided a technical correction to the 
status of the Cantabrian capercaillie under Spain's National Catalog of 
Endangered Species and provided the amendment changing its status to 
``in danger of extinction.'' This commenter also provided additional 
literature regarding population estimates for the Cantabrian 
capercaillie and a recent decree approving a recovery plan for this 
subspecies.
    Our Response: Under the Conservation Status section of the 
Cantabrian capercaillie, we have revised our text to indicate that this 
subspecies is listed as ``in danger of extinction'' based on the 2005 
amendment changing its status from ``vulnerable.'' We also reviewed the 
information on population estimates along with the additional citations 
provided by two peer reviewers (discussed above under Peer Reviewer 
Comments). We have updated the information on the subspecies' 
population estimate. We added information under Factor D relating to 
the approved Recovery Plan and the protections and measures it 
provides.
    (12) Comment: One commenter provided two citations and stated that 
the Cantabrian capercaillie habitat consists of Scots pine (Pinus 
sylvestris) and disappearance of pine trees in the Cantabrian Mountains 
threatens the Cantabrian capercaillie. The commenter further states 
that future habitat alteration due to climate change will likely 
further threaten and impact the species.
    Our Response: After review of the two citations, we do not agree 
with the commenter's conclusions. It is our opinion that the first 
citation given by the commenter (Science Daily 2008, unpaginated) 
misinterprets the study and conclusions of Rubiales et al. (2008). To 
begin, the Cantabrian capercaillie occurs in entirely deciduous 
forests, not pine forests. In fact, this habitat difference is part of 
the basis for the Cantabrian capercaillie being described as a separate 
subspecies. Furthermore, the Rubiales et al. (2008) article describes 
the historical biogeography of Scots pine in the Cantabrian range and 
only briefly compares the trends in distribution of Scots pine and the 
capercaillie species as a whole, not just the Cantabrian capercaillie 
subspecies (Rubiales et al. 2008, pp. 6-7). The journal article does 
conclude that today's Scots pine and capercaillie populations are now 
highly fragmented and their future, given the predictions of global 
climate change, is uncertain (Rubiales et al. 2008, p. 1); however, 
this conclusion is referring to the species as a whole. Given that the 
other subspecies of capercaillie occur in entirely coniferous or mixed-
coniferous forests, this statement is more appropriate to those 
subspecies and not to the Cantabrian capercaillie. We did not find, or 
receive, any information on climate change in the region of the 
Cantabrian capercaillie or information on the impact on deciduous 
forests in this area. Therefore, we did not add any information on the 
impact of climate change to the Cantabrian capercaillie.
    (13) Comment: One commenter stated that the slender-billed curlew 
has been identified as a species threatened by climate change due to 
its small and declining population size and area of occupancy. The 
commenter also provided an additional citation to support this 
statement.
    Our Response: We have reviewed the suggested literature and have 
included under Factor E additional information on climate change 
predictions within the African-Eurasian Waterbird Flyway

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and potential impacts to slender-billed curlew based on these 
predictions.

Summary of Changes From Proposed Rule

    We fully considered comments from the public and peer reviewers on 
the proposed rule to develop this final listing of these six foreign 
bird species. This final rule incorporates changes to our proposed 
listing based on the comments that we received that are discussed above 
and newly available scientific and commercial information. Reviewers 
generally commented that the proposed rule was very thorough and 
comprehensive. We made some technical corrections based on new, 
although limited, information. None of the information, however, 
changed our determination that listing these species as endangered is 
warranted.
    One substantive change we have made is in our analysis of the 
slender-billed curlew. In our proposed rule, we concluded that Factor 
A. (Present or threatened destruction, modification, or curtailment of 
habitat or range) was a threat to the species throughout its range. 
However, after further analysis of the information, we find that the 
loss of habitat is historic and that other species that use the same 
types of habitat have not experienced the same population decline seen 
in the slender-billed curlew. Furthermore, since it is not known what 
habitat the slender-billed curlew currently uses when in its nesting 
grounds, passage areas, or wintering grounds, we cannot properly assess 
the current or potential future threat of habitat modification or the 
impacts on this species. Therefore, we find that Factor A is not a 
threat to the species. This change did not alter our overall 
determination that the slender-billed curlew is in danger of extinction 
and should be listed as endangered under the Act.

Species Information and Factors Affecting the Species

    Section 4 of the Act (16 U.S.C. 1533), and its implementing 
regulations at 50 CFR part 424, set forth the procedures for adding 
species to the Federal Lists of Endangered and Threatened Wildlife and 
Plants. Under section 4(a)(1) of the Act, we may list a species based 
on any of the following five factors: (A) The present or threatened 
destruction, modification, or curtailment of its habitat or range; (B) 
overutilization for commercial, recreational, scientific, or 
educational purposes; (C) disease or predation; (D) the inadequacy of 
existing regulatory mechanisms; and (E) other natural or manmade 
factors affecting its continued existence. Listing actions may be 
warranted based on any of the above threat factors, singly or in 
combination.
    Despite the fact that global climate changes are occurring and 
affecting habitat, the climate change models that are currently 
available do not yet enable us to make meaningful predictions of 
climate change for specific, local areas (Parmesan and Matthews 2005, 
p. 354). We have obtained information on climate change for the 
slender-billed curlew and potential impacts to this species (See Factor 
E). However, we do not have models to predict how the climate in the 
range of the other Eurasian and Asian bird species will change, and we 
do not know how any change that may occur would affect these species. 
Nor do we have information on past and future weather patterns within 
the specific range of these species. Therefore, based on the current 
lack of information, we did not evaluate climate change as a threat to 
five of these species.
    Below is a species-by-species description and analysis of the five 
factors. The species are considered in alphabetical order, beginning 
with the Cantabrian capercaillie, followed by the Eiao Marquesas reed-
warbler, greater adjutant, Jerdon's courser, Marquesan Imperial Pigeon, 
and the slender-billed curlew.

I. Cantabrian capercaillie (Tetrao urogallus cantabricus)

Species Description

    The Cantabrian capercaillie (Tetrao urogallus cantabricus) is a 
subspecies of the western capercaillie (T. urogallus) in the family 
Tetraonidae. The species in general is a large, very dark grouse of 80 
to 115 centimeters (cm) in length (31 to 45 inches (in)), with the 
female being much smaller than the male. The species is characterized 
by having slate gray plumage with fine blackish vermiculation (wavelike 
pattern) around the head and neck. The breast is a glossy greenish-
black. The wings are dark brown with a prominent white carpal patch and 
variable amount of white on the upper- and undertail-coverts (feathers) 
and the underparts. This bird has a long, rounded tail, an ivory white 
bill, and a scarlet supraorbital comb (above the eye). Females are 
mottled black, gray and buff with a large rusty patch on the breast 
(World Association of Zoos and Aquaria 2009, unpaginated). Based on 
ecological differences from other capercaillie subspecies (the 
Cantabrian capercaillie is the only subspecies that inhabits pure 
deciduous forests) and morphological differences from the Pyrenean 
capercaillie (T. u. aquitanicus) (Cantabrian capercaillie are lighter 
in color and have a smaller beak), the Cantabrian population was 
described as belonging to a different subspecies by Castroviejo 1976 
(Rodr[iacute]guez-Mu[ntilde]oz et al. 2007, pp. 660, 666).
    The Cantabrian capercaillie once existed along the whole of the 
Cantabrian Mountain range from northern Portugal through Galicia, 
Asturias, and Leon, to Santander in northern Spain (IUCN Redbook 1979, 
p. 1). Currently its range is restricted to both the northern slope 
(Asturias and Cantabria provinces) and the southern slope (Le[oacute]n 
and Palencia provinces) of the Cantabrian Mountains in northwest Spain. 
The subspecies inhabits an area of 1,700 square kilometers (km\2\) (656 
square miles (mi\2\)), and its range is separated from its nearest 
neighboring subspecies of capercaillie (T. u. aquitanus) in the 
Pyrenees mountains by a distance of more than 300 km (186 mi) (Quevedo 
et al. 2006b, p. 268).
    Unlike other capercaillie subspecies, the Cantabrian capercaillie 
occurs in entirely deciduous forests consisting of a rugged montane 
landscape of mature beech (Fagus sylvatica), sessile oak (Quercus 
petraea), and birch (Betula pubescens) (Rodr[iacute]guez-Mu[ntilde]oz 
et al. 2007, pp. 659, 660; Banuelos et al. 2008, pp. 245-246) at 
elevations ranging from 800 to 1,800 m (2,600 to 5,900 ft). The 
Cantabrian capercaillie also uses other microhabitat types (broom 
(Genista spp.), meadow, and heath (Erica spp.)) selectively throughout 
the year (Quevedo et al. 2006b, p. 271). A recent study has found that 
some habitat partitioning occurs amongst the Cantabrian capercaillie. 
During the summer, hens and cocks are more associated with open areas 
than the forested spring display areas. Specifically, hens with broods 
are more associated with treeline birch forests, which are the most 
suitable areas for the species, and are characterized by a rich 
understory of shrubs such as heath and bilberry (Vaccinium myrtillus); 
hens without broods prefer a more rugged terrain; and cocks prefer 
beech or oak forests (Banuelos et al. 2008, p. 249).
    Diet appears to be a driver of habitat selection (Blanco-Fontao et 
al. 2009, pp. 1, 6). In summer and autumn, the majority of the 
Cantabrian capercaillie diet consists of bilberry (mainly berries) and 
fern fronds. In winter, holly leaves (Ilex aquifolium), beech buds, 
bilberry shoots and fern fronds make up a majority of the diet, whereas 
only beech buds, bilberry shoots and fern fronds dominate the spring 
diet. Birch, oak, rowan (Sorbus aucuparia), heath, and broom are also 
consumed, but in much

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smaller amounts (Blanco-Fontao et al. 2009, p. 4).
    The current population is likely less than 1,000 birds; however, 
reliable estimates are lacking (Storch 2007, p. 49). Population 
estimates for species of grouse are commonly assessed by counting males 
that gather during the breeding season to sing and display at leks 
(traditional places where males assemble during the mating season and 
engage in competitive displays to attract females). In a 1981-1982 
survey of the southern slope, Pollo et al. (2005, p. 401) estimated a 
minimum number of 274 singing male capercaillie; in subsequent surveys 
from 1987-1989, 1998, and 2000-2003, only 219, 94, and 81 males were 
recorded, respectively, indicating a 70 percent reduction. This is 
equivalent to an average decline of 3 percent per year, or 22 percent 
over 8 years (Storch et al. 2006, p. 654). A study conducted from 2005 
to 2007 found that only 30 percent of all known leks were occupied in 
the northern watershed of the species' range, indicating an occupancy 
decline of 5.4 percent. In the southern watershed, only 34.5 percent of 
all known leks in the area remain occupied (Ba[ntilde]uelos and Quevedo 
2008, p. 5).
    The area occupied by Cantabrian capercaillie in 1981-1982 covered 
up to approximately 2,070 km\2\ (799 mi\2\) of the southern slope (972 
km\2\ (375 mi\2\) in the west and 1,098 km\2\ (424 mi\2\) in the east). 
Between 2000 and 2003, the area of occupancy had declined to 693 km\2\ 
(268 mi\2\), specifically 413 km\2\ (159 mi\2\) in the west and 280 
km\2\ (108 mi\2\) in the east. Thus, over a 22-year period, there was a 
66-percent reduction in the areas occupied by this subspecies on the 
southern slope of the Cantabrian Mountains (Pollo et al. 2005, p. 401). 
Based on this data, the subpopulation in the eastern portion of the 
range appears to be declining at a faster rate than the subpopulation 
in the western portion of the range.

Conservation Status

    Although Storch et al. (2006 p. 653) noted that the Cantabrian 
capercaillie meets the criteria to be listed as ``Endangered'' on the 
IUCN Redlist due to ``rapid population declines, small population size, 
and severely fragmented range,'' it is currently not classified as such 
by the IUCN. The species (western capercaillie (Tetrao urogallus)) has 
been evaluated and is listed as Least Concern (Birdlife International 
2009, unpaginated); subspecies are generally omitted due to capacity 
limitations, although the IUCN categories and criteria can be applied 
to subspecies (Storch et al. 2006 p. 653). The species is classified as 
``in danger of extinction'' in Spain under the National Catalog of 
Endangered Species (Ministry of the Environment MAM Order/2231/2005). 
The species has not been formally considered for listing in the 
Convention on International Trade in Endangered Species of Wild Fauna 
and Flora (CITES) Appendices (https://www.cites.org). Recent 
phylogenetic studies indicate that the Cantabrian capercaillie forms a 
different clade from those of other European capercaillie, and 
factoring in ecological differences, qualifies as an Evolutionarily 
Significant Unit (Storch et al. 2006, p. 653; Rodr[iacute]guez-
Mu[ntilde]oz et al. 2007, p. 668). Combined with recent population 
trends and changes in distribution, Rodr[iacute]guez-Mu[ntilde]oz et 
al. (2007, p. 668) suggest the status of this species should be defined 
as critical.

Summary of Factors Affecting the Cantabrian Capercaillie

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

    Numerous limiting factors influence the population dynamics of the 
Cantabrian capercaillie throughout its range, including habitat 
degradation, loss, and fragmentation (Storch 2000, p. 83; 2007, p. 96). 
Forest structure plays an important role in determining habitat 
suitability and occupancy. Quevedo et al. (2006b, p. 274) found that 
open forest structure with well-distributed bilberry shrubs were the 
preferred habitat type of Cantabrian capercaillie. Management of forest 
resources for timber production has caused and continues to cause 
significant changes in forest structure such as: Species composition, 
density and height of trees, forest patch size, and understory 
vegetation (Pollo et al. 2005, p. 406).
    The historic range occupied by this subspecies (3,500 km\2\ (1,350 
mi\2\)) has declined by more than 50 percent (Quevedo et al. 2006b, p. 
268). The current range is severely fragmented, with low forest habitat 
cover (22 percent of the landscape) and most of the suitable habitat 
remaining in small patches less than 10 hectares (ha) (25 acres (ac)) 
in size (Garcia et al. 2005, p. 34). Patches of good-quality habitat 
are scarce and discontinuous, particularly in the central parts of the 
range (Quevedo et al. 2006b, p. 269), and leks in the smaller forest 
patches have been abandoned during the last few decades. The leks that 
remain occupied are now located farther from forest edges than those 
occupied in the 1980s (Quevedo et al. 2006b, p. 271).
    Based on population surveys, forest fragments containing occupied 
leks in 2000 were significantly larger than fragments containing leks 
in the 1980s that have since been abandoned (Quevedo et al. 2006b, p. 
271). The forest fragments from which the Cantabrian capercaillie has 
disappeared since the 1980s are small in size, and are the most 
isolated from other forest patches. In addition, the Cantabrian 
capercaillie have disappeared from forest patches located closest to 
the edge of the range in both the eastern and western subpopulations of 
the south slope of the Cantabrian Mountains, suggesting that forest 
fragmentation is playing an important role in the population dynamics 
of this subspecies (Quevedo et al. 2006b, p. 271). Research conducted 
on other subspecies of capercaillie indicate that the size of forest 
patches is correlated to the number of males that gather in leks to 
display, and that below a certain forest patch size, leks are abandoned 
(Quevedo et al. 2006b, p. 273).
    In highly fragmented landscapes, forest patches are embedded in a 
matrix of other habitats, and forest dwellers like capercaillies 
frequently encounter open areas within their home range. Quevedo et al. 
(2006a, p. 197) developed a habitat suitability model for the 
Cantabrian capercaillie that assessed the relationship between forest 
patch size and occupancy. He determined that the subspecies still 
remains in habitat units that show habitat suitability indices below 
the cut-off values of the two best predictive models (decline and 
general), which may indicate a high risk of local extinction. Other 
researchers suggested that, should further habitat or connectivity loss 
occur, the Cantabrian capercaillie population may become so 
disaggregated that the few isolated subpopulations will be too small to 
ensure their own long-term persistence (Grimm and Storch 2000, p. 224).
    A demographic model based on Bavarian alpine populations of 
capercaillie suggests a minimum viable population size of the order of 
500 birds (Grimm and Storch 2000, p. 222). However, genetic data show 
clear signs of reduced variability in populations with numbers of 
individuals in the range of fewer than 1,000 birds, which indicates 
that a demographic minimum population of 500 birds may be too small to 
maintain high genetic variability (Segelbacher et al. 2003, p. 1779). 
Genetic consequences of habitat fragmentation exist for this species in 
the form of increased genetic differentiation due to increased 
isolation of populations (Segelbacher et al. 2003, p. 1779). Therefore,

[[Page 50056]]

anthropogenic habitat deterioration and fragmentation not only leads to 
range contractions and extinctions, but may also have significant 
genetic, and thus, evolutionary consequences for the surviving 
populations (Segelbacher et al. 2003, p. 1779).
    In summary, recent population surveys show this subspecies is 
continuing to decline throughout its current range, and subpopulations 
may be isolated from one another due to range contractions in the 
eastern and western portions of its range, leaving the central portion 
of the subspecies range abandoned (Pollo et al. 2005, p. 401). Some 
remaining populations may already have a high risk of local extinction 
(Quevedo et al. 2006a, p. 197). Management of forest resources for 
timber production continues to negatively affect forest structure, 
thereby affecting the quality, quantity, and distribution of suitable 
habitat available for this subspecies. In addition, the structure of 
the matrix of habitats located between forest patches is likely 
affecting the ability of capercaillies to disperse between 
subpopulations. Therefore, we find that present or threatened 
destruction, modification, or curtailment of the habitat or range is a 
threat to the continued existence of the Cantabrian capercaillie 
throughout its range.

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

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

C. Disease or Predation

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

D. Inadequacy of Existing Regulatory Mechanisms

    This subspecies is currently classified as ``in danger of 
extinction'' in Spain under the National Catalog of Endangered Species, 
which affords it special protection (e.g., additional regulation of 
activities in the forests of its range, regulation of trails and roads 
in the area, elimination of poaching, and protection of areas important 
to young). Although it is classified as ``in danger of extinction,'' as 
mentioned above (see Factor B), illegal hunting still occurs.
    In conjunction with this subspecies being listed as ``in danger of 
extinction'' under the National Catalog of Endangered Species, a 
recovery plan for the Cantabrian capercaillie was approved by the 
Autonomous Community of Castilla and Leon. This official document 
approves the recovery plan and adopts measures for the protection of 
the species in the Community of Castilla and Leon (Decree 4/2009, dated 
January 15, 2009; Pollo 2010, pers. comm.). The purpose of the Recovery 
Plan is to foster necessary actions to allow the species to achieve a 
more favorable conservation status and to ensure its long-term 
viability and stop population decline. The Recovery Plan includes 
requirements that the effects to the Cantabrian capercaillie or its 
habitat be considered before a plan or activity can be implemented; 
restricting access to critical areas; suspension of resource 
exploitation activities following wildlife catastrophic events (e.g., 
animal epidemics, poisoning, widespread wildfires) to allow for 
recovery; prohibiting certain activities within critical areas; and 
specific measures to meet the goals of the Recovery Plan.
    The European Union (EU) Habitat Directive 92/43/EEC addresses the 
protection of habitat and species listed as endangered at the European 
scale (European Union 2008). Several habitat types valuable to 
capercaillie have been included in this Directive, such as in Appendix 
I, Section 9, Forests. The EU Bird Directive (79/407/EEC) lists the 
capercaillie in Annex I as a ``species that shall be subject to special 
habitat conservation measures in order to ensure their survival.'' 
Under this Directive, a network of Special Protected Areas (SPAs) 
comprising suitable habitat for Annex I species is to be designated. 
This network of SPAs and other protected sites are collectively 
referred to as Natura 2000. Several countries in Europe, including 
Spain, are in the process of establishing the network of SPAs. The 
remaining Cantabrian capercaillie populations occur primarily in 
recently established Natural Reserves in Spain that are part of the 
Natura 2000 network (Muniellos Biosphere Reserve). Management of 
natural resources by local communities is still allowed in areas 
designated as an SPA; however, the development of management plans to 
meet the various objectives of the Reserve network is required.
    This subspecies is also afforded special protection under the Bern 
Convention (Convention on the Conservation of European Wildlife and 
Natural Habitats; European Treaty Series/104; Council of Europe 1979). 
The Cantabrian capercaillie is listed as ``strictly protected'' under 
Appendix II, which requires member states to ensure the conservation of 
the listed taxa and their habitats. Under this Convention, protections 
of Appendix-II species include the prohibition of: The deliberate 
capture, keeping, and killing of the species; deliberate damage or 
destruction of breeding sites; deliberate disturbance during the 
breeding season; deliberate taking or destruction of eggs; and the 
possession or trade of any individual of the species. We were unable to 
find information on the effectiveness of this designation in preventing 
further loss of Cantabrian capercaillie or its habitat; however, 
poaching of protected grouse is known to be common, suggesting that 
this designation has not been effectively implemented.

[[Page 50057]]

    In November 2003, Spain enacted the ``Forest Law,'' which addresses 
the preservation and improvement of the forest and rangelands in Spain. 
This law requires development of plans for the management of forest 
resources, which are to include plans for fighting forest fires, 
establishment of danger zones based on fire risk, formulation of a 
defense plan in each established danger zone, the mandatory restoration 
of burned area, and the prohibition of changing forest use of a burned 
area into other uses for a period of 30 years. In addition, this law 
provides economic incentives for sustainable forest management by 
private landowners and local entities. We do not have information on 
the effectiveness of this law with regard to its ability to prevent 
negative impacts to Cantabrian capercaillie habitat.
    Despite recent advances in protection of this subspecies and its 
habitat through EU Directives and protection under Spanish law and 
regulation, populations continue to decline (Ba[ntilde]uelos and 
Quevedo 2008, p. 5; Storch et al. 2006, p. 654; Pollo et al. 2005, p. 
401), habitat continues to be degraded, lost, and fragmented (Storch 
2000, p. 83; 2007, p. 96), and illegal poaching still occurs (Storch 
2000, p. 83; 2007, p. 96). We were unable to find information on the 
effectiveness of any of these measures at reducing threats to the 
species. Therefore, we find that existing regulatory mechanisms are 
inadequate to ameliorate the current threats to the Cantabrian 
capercaillie throughout its range.

E. Other Natural or Manmade Factors Affecting the Species' Continued 
Existence

    Suarez-Seoane and Roves (2004, pp. 395, 401) assessed the potential 
impacts of human disturbances in core populations of Cantabrian 
capercaillie in Natural Reserves in Spain. They found that locations 
selected as leks were located at the core of larger patches of forest 
and were less subject to human disturbance. They also found that 
Cantabrian capercaillie disappeared from leks situated in rolling hills 
at lower altitudes closer to houses, hunting sites, and repeatedly 
burned areas.
    Recurring fires have also been implicated as a factor in the 
decline of the subspecies. An average of 85,652 ha (211,650 ac) of 
forested area per year over a 10-year period (1995-2005) has been 
consumed by fire in Spain (Lloyd 2007a, p. 1). On average, 80 percent 
of all fires in Spain are set intentionally by humans (Lloyd 2007a, p. 
1). Suarez-Seoane and Garcia-Roves (2004, p. 405) found that the 
stability of Cantabrian capercaillie breeding areas throughout a 20-
year period was mainly related to low fire recurrence in the 
surrounding area and few houses nearby. In addition, the species avoids 
areas that are recurrently burned because the areas lose their ability 
to regenerate and cannot produce the habitat the species requires 
(Suarez-Seoane and Garcia-Roves 2004, p. 406). We were unable to find 
information as to how many hectares of suitable Cantabrian capercaillie 
habitat is consumed by fire each year. However, since the species 
requires a low recurrence of fire, and both disturbance and fire 
frequency are likely to increase with human presence, this could be a 
potential threat to both habitat and individual birds where there is a 
high prevalence of disturbance and fire frequency.
    In summary, disturbance from humans appears to impact the species; 
birds are typically found in areas of less anthropogenic disturbance 
and further from homes. Natural Protected Areas in Spain have seen an 
increase in human use for recreation and hunting. As human population 
centers expand and move closer to occupied habitat areas, increased 
disturbance to important breeding, feeding, and sheltering behaviors of 
this species is expected to occur. Additionally, as human presence 
increases, it is likely that both fires and disturbances will increase. 
Either or both of these factors have the potential to impact both 
individuals and their habitat. Therefore, we conclude that other 
natural or manmade factors, in the form of forest fires and 
disturbance, are threats to the continued existence of the Cantabrian 
capercaillie throughout its range.

Status Determination for the Cantabrian Capercaillie

    We have carefully assessed the best available scientific and 
commercial information regarding the past, present, and potential 
future threats faced by the Cantabrian capercaillie. The species is 
currently at risk throughout all of its range due to ongoing threats of 
habitat destruction and modification (Factor A), overutilization 
(Factor B), inadequacy of existing regulatory mechanisms (Factor D), 
and other natural or manmade factors affecting its continued existence 
in the form of forest fires and disturbance (Factor E).
    Section 3 of the Act defines an ``endangered species'' as ``any 
species which is in danger of extinction throughout all or a 
significant portion of its range'' and a ``threatened species'' as 
``any species which is likely to become an endangered species within 
the foreseeable future throughout all or a significant portion of its 
range.''
    The Cantabrian capercaillie is the most threatened subspecies of 
capercaillie; the current population is likely less than 1,000 
individuals and continues to decline. Management of forest resources 
for timber production continues to negatively affect forest structure 
and the quality, quantity, and distribution of suitable habitat and the 
structure of the matrix between forest patches, which may be affecting 
the ability of capercaillie to disperse. In addition, hunting of 
Cantabrian capercaillie, although illegal, still occurs. Congregation 
at leks makes this species an easy target and particularly vulnerable 
as poaching of protected grouse is considered common. The level of 
poaching is unknown, but given the small population size and the 
already evident reduced genetic variability, further loss of breeding 
individuals could have a significant impact on the population. 
Regulatory mechanisms are in place to protect the subspecies and its 
habitat, but are inadequate to ameliorate current threats. Furthermore, 
as human population centers expand, increased disturbance to important 
breeding, feeding, and sheltering behaviors is expected, further 
affecting this subspecies. These threats are affecting the quality and 
quantity of suitable habitat, the ability of the species to disperse 
and expand their current range, and may affect the breeding capability 
of the populations. Without regulatory mechanisms to reduce or 
ameliorate these threats, negative impacts to the subspecies will 
continue. In considering these ongoing threats in combination with the 
currently small and declining Cantabrian capercaillie population, we 
determine that the magnitude of these threats are such that this 
subspecies is in danger of extinction throughout all of its range. 
Therefore, on the basis of the best available scientific and commercial 
information, we are listing the Cantabrian capercaillie as an 
endangered species throughout all of its range. Because we find that 
the Cantabrian capercaillie is endangered throughout all of its range, 
there is no reason to consider its status in a significant portion of 
its range.

II. Eiao Marquesas Reed-Warbler (Acrocephalus percernis aquilonis), 
Previously Referred to as Eiao Polynesian Warbler (Acrocephalus 
mendanae aquilonis and Acrocephalus caffer aquilonis)

Species Description

    Due to the similarity of all the reed-warblers of Polynesia, these 
warblers

[[Page 50058]]

were once considered a single, widespread species known as the long-
billed reed-warbler (Acrocephalus caffer). The 1980 petition from Dr. 
Warren B. King included the Eiao Polynesian warbler (Acrocephalus 
caffer aquilonis), a subspecies of reed-warbler. The subspecies 
aquilonis denoted those warblers found on Eiao Island. The species was 
later split into three separate species: those of the Society Islands 
(Acrocephalus caffer), Tuamotu (A. atyphus), and Marquesas (A. 
mendanae) (Cibois et al. 2007, p. 1151). This subspecies then became 
known as A. mendanae aquilonis. Recent genetic research on Marquesas 
reed-warblers found two independent lineages: warblers found in the 
northern islands of the Marquesas Archipelago (Nuku Hiva, Eiao, 
Hatuta'a, and Ua Huka) and those found on the southern islands (Hiva 
Oa, Tahuata, Ua Pou, and Fatu Iva). As a result, the Marquesas species 
was split into two separate species; those of the four most northern 
islands (A. percernis) and those in the southern islands (A. mendanae). 
The reed-warblers found on Eiao are now classified as a subspecies of 
Northern Marquesas reed-warblers (A. percernis aquilonis) (Cibois et 
al. 2007, pp. 1155, 1160), with a suggested common name of Eiao 
Marquesas reed-warbler (Cibois 2010, pers. comm.).
    The Eiao Marquesas reed-warbler (Eiao reed-warbler) is a large, 
insectivorous reed-warbler of the family Acrocephalidae. It is 
characterized by brown plumage with bright yellow underparts (Cibois et 
al. 2007, p. 1151). The Eiao reed-warbler is endemic to the island of 
Eiao in the French Polynesian Marquesas Archipelago in the Pacific 
Ocean. The Marquesas Archipelago is a territory of France located 
approximately 1,600 km (994 mi) northeast of Tahiti. Eiao Island is one 
of the northernmost islands in the Archipelago and encompasses 40 km\2\ 
(15 mi\2\).
    Population densities of the Eiao reed-warbler are thought to be 
high within the remaining suitable habitat; one singing bird was found 
nearly every 40-50 m (131-164 ft). The total population is estimated at 
more than 2,000 birds (Raust 2007, pers. comm.). This population 
estimate is much larger than the 100-200 individuals last reported in 
1987 by Thibault (as reported in FR 72 20184). It is unknown if the 
population actually increased from 1987 to 2007, or if the differences 
in the population estimates are a result of using different survey 
methodologies. We have no reliable information on the population trend 
of this subspecies.
    Reed-warblers of the Polynesian islands utilize various habitats, 
ranging from shrubby vegetation in dry, lowland areas to humid forest 
in wet montane areas (Cibois et al. 2007, pp. 1151, 1153). Reed-
warblers in general display strong territorial behavior (Cibois et al. 
2007, p. 1152). Like other reed-warblers, the female Marquesas reed-
warblers build the nest with little help from the male; the male 
incubates and broods three to four times a day, but never for more than 
20 minutes at a time (Bruner 1974, p. 93). Vines, coconut fiber, and 
grasses are the most common nesting material (Mosher and Fancy 2002, p. 
8). Warbler nests are found in the tops of trees and on vertical 
branches (Thibault et al. 2002, pp. 166, 169). Bruner (1974, p. 93) 
found the eggs of A. mendanae vary in base color, even within a nest, 
but are all blotched and speckled with white, brown, and black and 
clutch sizes range from two to five eggs. Incubation lasts 9 days and 
the young leave the nest and follow their parents after 10 days (Bruner 
1974, p. 94).

Conservation Status

    Marquesas reed-warblers (A. mendanae) are classified as ``of least 
concern'' by the IUCN (IUCN 2009a, unpaginated). However, it appears 
that the recent split of the Marquesas reed-warblers into the Northern 
and Southern Marquesas reed-warblers is not yet reflected in the IUCN 
assessment. Northern Marquesas reed-warblers (A. percernis) are 
protected under Law Number 95-257 in French Polynesia. The species has 
not been formally considered for listing in the CITES Appendices 
(https://www.cites.org).

Summary of Factors Affecting the Species

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

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

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

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

C. Disease or Predation

    Avian diseases are a concern for species with restricted ranges and 
small populations, especially if the species is restricted to an 
island. Hawaii's avian malaria is a limiting factor for many species of 
native passerines and is dominant on other remote oceanic islands, 
including French Polynesia (Beadell et al. 2006, p. 2935). This strain 
was found in 9 out of 11 Marquesas reed-warblers collected on Nuku Hiva 
in 1987. However, because these birds were thought to be more robust 
(all Marquesas reed-warblers were

[[Page 50059]]

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

D. Inadequacy of Existing Regulatory Mechanisms

    The Eiao reed-warbler is a protected species in French Polynesia. 
Northern Marquesas reed-warblers (A. percernis) are classified as a 
Category A species under Law Number 95-257. Article 16 of this law 
prohibits the collection and exportation of species listed under 
Category A. In addition, under Part 23 of Law 95-257, the introduced 
myna bird species, which is commonly known to outcompete other bird 
species, is considered a danger to the local avifauna and is listed as 
``threatening biodiversity.'' Part 23 also prohibits importation of all 
new specimens of species listed as ``threatening biodiversity,'' and 
translocation from one island to another is prohibited. As described 
above, Eiao Island is not currently inhabited by humans and we found 
that overutilization for commercial, recreational, scientific, or 
educational purposes is not a threat to this subspecies. Furthermore, 
mynas do not occur on Eiao Island and is not a threat to the Eiao reed-
warbler. Although this law may provide adequate protection to this 
subspecies from these threats, it does not protect the Eiao reed-
warbler from current threats such as habitat destruction.
    The French Environmental Code, Article L411-1, prohibits the 
destruction or poaching of eggs or nests; mutilation, destruction, 
capture or poaching, intentional disturbance, the practice of 
taxidermy, transport, peddling, use, possession, offer for sale, and 
the sale or the purchase of non-domesticated species in need of 
conservation, including northern Marquesas reed-warblers (A. 
percernis). It also prohibits the destruction, alteration, or 
degradation of habitat for these species. As overutilization for 
commercial, recreational, scientific, or educational purposes is not a 
threat to this subspecies, this regulation may provide adequate 
protection against this threat; however, habitat destruction by 
overgrazing livestock remains a problem on Eiao Island. Therefore this 
regulation does not provide adequate protection against threats 
currently faced by this subspecies.
    Hunting and destruction of all species of birds in French Polynesia 
were prohibited by a 1967 decree (Villard et al. 2003, p. 193); 
however, destruction of birds which have been listed as ``threatening 
biodiversity'' is legal. Furthermore, restrictions on possession of 
firearms in Marquesas are in place (Thorsen et al. 2002, p. 10). 
Hunting is not known to be a threat to the survival of this subspecies.
    In addition, the entire Eiao Island was declared an officially 
protected area in 1971. It is classified as Category IV, an area 
managed for habitat or species. However, of the nine protected areas in 
French Polynesia, only one (Vaikivi on Ua Huka) is actively managed 
(Manu 2009, unpaginated). We found no information on the direct effects 
of this protective status on the Eiao reed-warbler or its habitat. 
However, Eiao Island is not actively managed and, as discussed under 
Factor A, the entire island has been heavily impacted by introduced 
domestic livestock, suggesting this regulatory mechanism is not 
effective at reducing or ameliorating threats to the species.
    In summary, regulations exist that protect the subspecies and its 
habitat. However, as described under Factor A, habitat destruction 
continues to threaten this subspecies. Although legal protections are 
in place, there are none effectively protecting the suitable habitat on 
the island from damage from overgrazing sheep and other livestock as 
described in Factor A. Therefore, we find that the existing regulatory 
mechanisms are inadequate to ameliorate the current threats to the Eiao 
reed-warbler throughout its range.

E. Other Natural or Manmade Factors Affecting the Species' Continued 
Existence

    Island populations have a higher risk of extinction than mainland 
populations. Ninety percent of bird species that have been driven to 
extinction were island species (as cited in Frankham 1997, p. 311). 
Based on genetics alone, endemic island species are predicted to have 
higher extinction rates than nonendemic island populations (Frankham 
2007, p. 321). Small, isolated populations may experience decreased 
demographic viability (population birth and death rates, immigration 
and emigration rates, and sex ratios), increased susceptibility of 
extinction from stochastic environmental factors (e.g., weather events, 
disease), and an increased threat of extinction from genetic isolation 
and subsequent inbreeding depression and genetic drift.
    Because the population of Eiao reed-warblers is restricted to only 
one small island, it is vulnerable to stochastic events. Furthermore, 
the warblers are limited to the fraction of the island's area that 
contains suitable habitat. Eradication of feral livestock is needed to 
allow recovery of native vegetation and provide additional suitable 
habitat throughout the island. Expansion and

[[Page 50060]]

recovery of native vegetation will permit the subspecies to recover 
beyond the current population of 2,000 individuals and buffer the 
subspecies against impacts from stochastic events.
    In summary, the limited range of the Eiao reed-warbler makes this 
subspecies extremely vulnerable to stochastic events and, therefore, 
extinction. Additional habitat is needed to expand the population and 
buffer the subspecies from the detrimental effects typical of small 
island populations. Therefore, we find that other natural or manmade 
factors threaten the continued existence of the Eiao reed-warbler 
throughout its range.

Status Determination for the Eiao Marquesas Reed-Warbler

    We have carefully assessed the best available scientific and 
commercial information regarding the past, present, and potential 
future threats faced by the Eiao Marquesas reed-warbler. The subspecies 
is currently at risk on Eiao Island due to ongoing threats of habitat 
destruction and modification (Factor A) and stochastic events 
associated with the subspecies' restricted range (Factor E). 
Furthermore, we have determined that the existing regulatory mechanisms 
(Factor D) are not adequate to ameliorate the current threats to the 
subspecies.
    Section 3 of the Act defines an ``endangered species'' as ``any 
species which is in danger of extinction throughout all or a 
significant portion of its range,'' and a ``threatened species'' as 
``any species which is likely to become an endangered species within 
the foreseeable future throughout all or a significant portion of its 
range.''
    The estimated 2,000 Eiao reed-warblers are isolated on one 40 km\2\ 
(15 mi\2\) island, of which only 10-20 percent contains suitable 
habitat. The ongoing habitat degradation from overgrazing livestock 
prevents recovery of native vegetation. Although the current estimated 
population is 2,000 individuals, without active management of the feral 
livestock population on the island, the population of Eiao reed-
warblers will continue to be restricted to small portions of the island 
and will not be able to expand to the rest of the island and recover 
beyond this current population level. Because the Eiao reed-warbler is 
limited to one small island, the continuing loss of habitat makes this 
subspecies extremely vulnerable to stochastic events and extinction. 
Island populations are naturally at a higher risk of extinction. 
Detrimental effects typical of small island populations, such as, 
decreased demographic viability, environmental factors, and genetic 
isolation, may lead to inbreeding depression and reduced fitness. These 
genetic threats will exacerbate other threats to the species and likely 
increase the risk of extinction. There are regulatory mechanisms in 
place, but are inadequate to protect the Eiao reed-warbler's habitat 
from overgrazing and eradication of native species. Without regulatory 
mechanisms to reduce or ameliorate these threats, negative impacts to 
this subspecies will continue. Based on the magnitude of overgrazing 
livestock to the extremely restricted range and isolated population of 
the Eiao Marquesas reed-warbler, as described above, we determine that 
this subspecies is in danger of extinction throughout all of its range. 
Therefore, on the basis of the best available scientific and commercial 
information, we are listing the Eiao Marquesas reed-warbler as an 
endangered subspecies throughout all of its range. Because we find that 
the Eiao Polynesian warbler is endangered throughout all of its range, 
there is no reason to consider its status in a significant portion of 
its range.

III. Greater Adjutant (Leptoptilos dubius)

Species Description

    The greater adjutant (Leptoptilos dubius) is a very large (145 to 
150 cm long (4.7 to 4.9 ft)) species of stork in the family Ciconiidae. 
This species is characterized by a naked pink head and a low-hanging 
neck pouch. Its bill is very thick and yellow in color. The plumage 
ruff of the neck is white, and other than a pale grey leading edge on 
each wing, the rest of the greater adjutant's body is dark grey 
(Birdlife International (BLI) 2009a, unpaginated).
    This species of bird once was common across much of Southeast Asia, 
occurring in India, Bangladesh, Burma, Thailand, Cambodia, Malaysia, 
Myan