Endangered and Threatened Wildlife and Plants; Listing Two Distinct Population Segments of Broad-Snouted Caiman as Endangered or Threatened and a Special Rule, 666-697 [2011-33602]

Agencies

• Fish and Wildlife Service
• DEPARTMENT OF THE INTERIOR

[Federal Register Volume 77, Number 3 (Thursday, January 5, 2012)]
[Proposed Rules]
[Pages 666-697]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-33602]



[[Page 665]]

Vol. 77

Thursday,

No. 3

January 5, 2012

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 Two Distinct 
Population Segments of Broad-Snouted Caiman as Endangered or Threatened 
and a Special Rule; Proposed Rule

Federal Register / Vol. 77 , No. 3 / Thursday, January 5, 2012 / 
Proposed Rules

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R9-ES-2010-0089; 4500030115; 1113F116]
RIN 1018-AT56


Endangered and Threatened Wildlife and Plants; Listing Two 
Distinct Population Segments of Broad-Snouted Caiman as Endangered or 
Threatened and a Special Rule

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), propose to 
reclassify the broad-snouted caiman in Argentina from endangered to 
threatened in the List of Endangered and Threatened Wildlife under the 
Endangered Species Act of 1973, as amended (ESA or Act). As part of 
this proposed rule, we would establish two distinct population segments 
(DPSs) of the broad-snouted caiman (Caiman latirostris): a DPS in 
Argentina and a DPS that would encompass Bolivia, Brazil, Paraguay, and 
Uruguay. This second DPS would remain listed as endangered under the 
Act. We are proposing this action under the Act based on the best 
available data indicating that the Argentine population of the broad-
snouted caiman no longer meets the definition of endangered under the 
Act. Intense management of the species in Argentina has brought the 
Argentine DPS to the point where a change in status is appropriate. 
This also serves as our 5-year review.
    We also propose that the Argentine population of broad-snouted 
caiman be included in the special rule for trade in caiman species. 
Inclusion in this special rule would allow U.S. commerce in skins, 
other parts, and products of this species originating from Argentina, 
and reexport of such specimens originating in Argentina, if certain 
conditions are met prior to exportation to the United States. We are 
seeking information, data, and comments from the public on this 
proposed rule. This proposed rule to reclassify the broad-snouted 
caiman in Argentina to threatened under the Act also constitutes our 
warranted 12-month finding (status review) on a petition.

DATES: To ensure that we are able to consider your comments on this 
proposed rule, they must be received or postmarked on or before March 
5, 2012. We must receive requests for public hearings, in writing, at 
the address shown in FOR FURTHER INFORMATION CONTACT below by February 
21, 2012.

ADDRESSES: You may submit comments by one of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Search for docket number FWS-R9-ES-2010-0089 and then follow the 
instructions for submitting comments.
     U.S. mail or hand-delivery: Public Comments Processing, 
Attn: FWS-R9-ES-2010-0089; Division of Policy and Directives 
Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive, MS 
2042-PDM; Arlington, VA 22203.
    We will not accept comments by email or fax. We will post all 
comments on https://www.regulations.gov. This generally means that we 
will post any personal information you provide us (see the Public 
Comments section below for more information).

FOR FURTHER INFORMATION CONTACT: 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, 
U.S.A. Individuals who are hearing-impaired or speech-impaired may call 
the Federal Information Relay Service at 800-877-8339 for TTY 
assistance 24 hours a day, 7 days a week.

SUPPLEMENTARY INFORMATION: 

Public Comments

    We received eight comments from the public on the 90-day finding 
(73 FR 33968, published on June 16, 2008). We received comments from 
foreign government agencies, the scientific community, and the reptile 
product industry. We received scientific literature about this species 
from members of the IUCN Crocodile Specialist Group. This literature 
provided additional information about the distribution, abundance, and 
conservation status of the species. The comments and information we 
received have been considered and incorporated into this proposed rule 
to reclassify the broad-snouted caiman.
    We intend that any final action resulting from this proposed rule 
is based on the best scientific and commercial data available and be as 
accurate and effective as possible. Therefore, we request comments and 
information from government agencies, the scientific community, 
industry, and other interested parties concerning this proposed rule. 
The comments that will be most useful and likely to influence our 
decisions are those supported by scientific data or peer-reviewed 
studies and those that include citations to, and analyses of, 
applicable laws and regulations. Please make your comments as specific 
as possible and explain the basis for them. In addition, please include 
sufficient information with your comments to allow us to authenticate 
any scientific or commercial data you reference or provide. In 
particular, we seek comments concerning the following:
    (1) New biological, trade, or other relevant information and data 
concerning any threat (or lack thereof) to the broad-snouted caiman, 
particularly whether there is information that indicates the species no 
longer meets the definition of endangered in any part of its range.
    (2) New information and data on whether or not climate change is a 
threat to the broad-snouted caiman, what regional climate change models 
are available, and whether they are reliable and credible to use as a 
step-down model for assessing the effects of climate change on the 
species and its habitat.
    (3) The location of any additional populations of broad-snouted 
caiman.
    (4) New information concerning the range, distribution, and 
population size and population trends of the broad-snouted caiman in 
the wild.
    (5) New information on the current or planned activities within the 
geographic range of the broad-snouted caiman that may impact or benefit 
the species.
    (6) New information concerning captive-breeding operations in 
Argentina, Bolivia, Brazil, Paraguay, and Uruguay.
    (7) New information and data on the broad-snouted caiman in 
Argentina, Bolivia, Brazil, Paraguay, and Uruguay that would enhance 
our analysis of whether or not these two populations qualify as a DPS 
under the Act (16 U.S.C. 1531 et seq.), and whether or not these 
populations warrant continued protection under the Act.
    (8) Information concerning the status and results of monitoring 
actions for the broad-snouted caiman, including those implemented under 
the Convention on International Trade in Endangered Species of Wild 
Fauna and Flora (CITES).
    The information available emphasizes field studies and species 
management in Argentina, with little direct information on the species 
in the other range countries (Bolivia, Brazil, Paraguay, and Uruguay). 
This species is primarily being monitored in Argentina, and we were 
unable to find additional information or only able to locate a small 
amount of information regarding the broad-snouted caiman in its other 
range countries. We are seeking information and data on the status of 
the

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species throughout its range, particularly in Bolivia, Brazil, 
Paraguay, and Uruguay as part of this proposed rule.
    Please note that submissions merely stating support for or 
opposition to the action under consideration without providing 
supporting information, although noted, will not be considered in 
making a determination, as section 4(b)(1)(A) of the Act directs that a 
determination as to whether any species is an endangered or threatened 
species must be made ``solely on the basis of the best scientific and 
commercial data available.''
    Prior to issuing a final rule on this proposed action, we will take 
into consideration all comments and any additional information we 
receive. Such information may lead to a final rule that differs from 
this proposal. All comments and recommendations, including names and 
addresses of commenters, will become part of the administrative record.
    You may submit your comments and materials concerning this proposed 
rule by one of the methods listed in ADDRESSES. If you submit a comment 
via https://www.regulations.gov, your entire comment--including any 
personal identifying information--will be posted on the Web site. 
Please note that comments posted to this Web site are not immediately 
viewable. When you submit a comment, the system receives it 
immediately. However, the comment will not be publicly viewable until 
we post it, which might not occur until several days after submission.
    If you mail or hand-deliver a hardcopy comment that includes 
personal identifying information, you may request at the top of your 
document that we withhold this information from public review. However, 
we cannot guarantee that we will be able to do so. To ensure that the 
electronic docket for this rulemaking is complete and all comments we 
receive are publicly available, we will post all hardcopy submissions 
on https://www.regulations.gov.
    In addition, comments and materials we receive, as well as 
supporting documentation used in preparing this proposed rule, will be 
available for public inspection in two ways:
    (1) You can view them on https://www.regulations.gov. In the Enter 
Keyword or ID box, enter FWS-R9-ES-2010-0089, which is the docket 
number for this rulemaking. Then click on the Search button.
    (2) You can make an appointment, during normal business hours, to 
view the comments and materials in person at the U.S. Fish and Wildlife 
Service's Endangered Species Program located in our Headquarters office 
(see the FOR FURTHER INFORMATION CONTACT section).

Public Availability of Comments

    Before including your address, phone number, email address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment--including your personal identifying 
information--may be made publicly available at any time. While you can 
ask us in your comment to withhold your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so.

Public Hearing

    Section 4(b)(5)(E) of the Act provides for one or more public 
hearings on this proposed rule, if requested. The main purpose of most 
public hearings is to obtain public testimony or comment. In most 
cases, it is sufficient to submit comments through the Federal 
eRulemaking Portal, described above under ADDRESSES. We must receive 
requests for public hearings in writing at the address shown in FOR 
FURTHER INFORMATION CONTACT by the date shown in DATES. We will 
schedule public hearings on this proposal, if any are requested, and 
announce the dates, times, and places of those hearings, as well as how 
to obtain reasonable accommodations, in the Federal Register at least 
15 days before the first hearing.

Previous Federal Actions

    We listed this species as endangered on June 14, 1976 (41 FR 
24062), in response to a petition we received in 1975 from the Fund for 
Animals, requesting that the Service list all species that were 
included in Appendix I of CITES (See additional discussion in CITES 
section.) as endangered under the Act. In 2007, we received a petition 
from the Government of Argentina, dated November 5, 2007, requesting 
that we reclassify the broad-snouted caiman in Argentina from 
endangered to threatened. The Argentine population of broad-snouted 
caiman has been listed on Appendix II of CITES since 1997. The broad-
snouted caiman is still listed in Appendix I of CITES in Bolivia, 
Brazil, Paraguay, and Uruguay. With this petition, the Government of 
Argentina requested reclassification of the species from endangered to 
threatened in that country only. The petition contained detailed 
information about the natural history and biology of the broad-snouted 
caiman including the species' current status and distribution in 
Argentina. The Government of Argentina cited reasons for the 
reclassification such as the broad-snouted caiman populations in 
Argentina are healthy, habitat remains plentiful, caiman ranching 
programs in Argentina have proven successful (wild populations are 
increasing), and broad-snouted caiman production and harvest is 
increasing in Argentina.
    The reclassification of the species under the Act would allow for 
commercial U.S. imports of broad-snouted caiman originating from 
Argentina to occur. Because the petition from the Government of 
Argentina was for reclassification of the Argentine population only, 
the Service must first consider whether the population of Argentina 
qualifies as a distinct vertebrate population segment (DPS) under the 
Act. (See discussion in Distinct Population Segment section.). We then 
evaluate the entire species to determine if a change in status under 
the Act is warranted based on any new information since the species was 
listed under the Act. The DPS policy requires FWS to determine whether 
or not a vertebrate population is discrete and significant; and the 
population segment's conservation status in relation to the Act's 
standards for listing, delisting, or reclassification (i.e., is the 
population segment endangered or threatened). If it qualifies, the 
policy requires a status determination to determine if the population 
is endangered or threatened.
    On June 16, 2008, the Service published in the Federal Register a 
90-day finding (73 FR 33968) on the petition, stating that the petition 
provided substantial information to indicate that the requested action 
(to reclassify the Argentine population of the broad-snouted caiman) 
may be warranted. In that finding, we announced that we were initiating 
a status review of the species as required under section 4(b)(3)(A) of 
the Act, and that we were seeking comments on the petitioned action, as 
well as information on the status of the species, particularly in 
Argentina. The comment period closed on September 15, 2008. During the 
comment period, we received scientific literature about this species 
from members of the International Union for Conservation of Nature 
(IUCN) Crocodile Specialist Group (CSG), and researchers in South 
America, particularly in Argentina. This literature provided additional 
information about the distribution, abundance, and conservation status 
of the species, particularly in Argentina. The comments and new 
information have been considered and incorporated into this proposed 
rule to reclassify the

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Argentine population of the broad-snouted caiman.

Background

    The primary purpose of the Act is to prevent animal and plant 
species' endangerment and extinction. The Act requires the Service to 
identify species that meet the Act's definitions of endangered and 
threatened species, to add those species to the Federal Lists of 
Endangered and Threatened Wildlife and Plants (50 CFR 17.11 and 17.12, 
respectively), and to plan and implement conservation measures to 
improve their status to the point at which they no longer need the 
protections of the Act. When that protection is no longer needed, we 
take steps to remove (delist) the species from the Act. If a species is 
listed as endangered, we may first reclassify it to threatened status 
as an intermediate step before its eventual removal from the Federal 
Lists of Endangered and Threatened Wildlife and Plants; however, 
reclassification to threatened status is not required prior to removal. 
Section 3 of the Act provides the following definitions that are 
relevant to this rule: Endangered species means any species which is in 
danger of extinction throughout all or a significant portion of its 
range; Threatened species means any species which is likely to become 
an endangered species within the foreseeable future throughout all or a 
significant portion of its range. Species includes any subspecies of 
fish or wildlife or plants, and any DPS of any species of vertebrate 
fish or wildlife which interbreeds when mature.
    When an endangered species (or DPS) has recovered to the point 
where it is no longer currently in danger of extinction throughout all 
or a significant portion of its range, but is likely to become so in 
the foreseeable future, it is appropriate to reclassify that species 
(or DPS) to threatened. The broad-snouted caiman was listed as 
endangered in 1976. However, recent information indicates that the 
Argentine population has increased since the time of the original 
listing.

Technical Corrections

    This proposed rule would correct errors in 50 CFR 17.11 as follows: 
The table at 50 CFR 17.11(h) does not currently list Bolivia in the 
historic range of the broad-snouted caiman. This proposed rule corrects 
the ``Historic Range'' entry to include Bolivia. In addition, we 
propose to correct errors in the entries for three other caiman 
species: brown caiman, common caiman, and yacare caiman. The entries 
for these species in the ``Special Rules'' column direct readers to 50 
CFR 17.42(g); however, the special rule for all of these species is at 
50 CFR 17.42(c).

Five-Year Review

    Section 4(c)(2)(A) of the Act requires that we conduct a review of 
listed species at least once every 5 years. A 5-year review is a 
periodic process conducted to ensure that the classification of a 
listed species is appropriate. Section 4(c)(2)(B) requires that we 
determine: (1) Whether a species no longer meets the definition of 
threatened or endangered and should be removed from the List 
(delisted); (2) whether a species more properly meets the definition of 
threatened and should be reclassified from endangered to threatened; or 
(3) whether a species more properly meets the definition of endangered 
and should be reclassified from threatened to endangered. It is based 
on the best scientific and commercial data available at the time of the 
review. Therefore, we are requesting submission of any such information 
that has become available since the original listing of this species. 
This serves as our 5-year review of this species.

Species Description

    The broad-snouted caiman is a medium-sized crocodilian with a body 
length usually no more than 2 meters (m) (6.6 feet (ft)), and has the 
proportionally broadest snout of any crocodile (Verdade et al. 2010, p. 
18). It is found generally in lagoons, rivers, creeks, marshes, ponds, 
and mangroves in river systems of northeast Argentina, southeast 
Bolivia, Paraguay, and northern Uruguay (Borteiro et al. 2006, p. 97; 
Verdade et al. 2010, p. 18).
    According to Imhof (unpublished 2006), approximately 60 percent of 
the species' range is in Brazil, 30 percent is in Argentina, seven 
percent is in Paraguay, and three percent is in Bolivia. The percentage 
of its range in Uruguay is unknown. Broad-snouted caiman populations 
are on the Atlantic coast, connected through the Paran[aacute] and 
S[atilde]o Francisco River systems of northeast Argentina, southeast 
Bolivia, Paraguay, and northeast Uruguay. The S[atilde]o Francisco 
River is 2,914 km (1,811 mi) in length.
    The broad-snouted caiman exhibits greater climatic tolerance than 
other caiman species (Verdade and Pi[ntilde]a 2006). The southernmost 
limit of the distribution of the broad-snouted caiman is northern 
Argentina (Jenkins et al. 2006), where it is found in the provinces of 
Chaco, Corrientes, Entre R[iacute]os, Formosa, Jujuy, Misiones, Salta, 
Santa Fe, and Santiago del Estero. In Argentina, 80 percent of the 
Argentine distribution of the population occurs in the Province of 
Santa Fe. Here, the species is found primarily in the floodplain along 
the Paran[aacute] River, the Salado river watershed, and the Saladillos 
watershed (Larriera 1995, pp. 221-230).
    This species is primarily found at altitudes up to 100 m (328 ft) 
above sea level (Borteiro et al. 2006, p. 99). The broad-snouted caiman 
exhibits a high degree of flexibility in its habitat preferences. It is 
an opportunistic feeder and prefers shallow, vegetated water. It 
generally prefers shallow aquatic environments with abundant 
vegetation. In some areas, the broad-snouted caiman is sympatric 
(occurs in overlapping geographical areas) with the yacare caiman 
(Caiman yacare), but the broad-snouted caiman is usually found in 
quieter, more heavily vegetated waters (Medem 1983, Scott et al. 1990). 
C. yacare prefers large rivers with adjacent marshes (Scott et al. 
1990, pp. 43-51). Like many crocodilians, the broad-snouted caiman can 
be found in temporary bodies of water and manmade habitats, such as 
isolated cattle or agricultural stock ponds, livestock watering holes, 
and drainage ditches or areas of runoff water. It can be found in 
flooded forested areas in years of intense rains usually within 2,000 m 
(6,562 ft) from bodies of water (Larriera et al. 2008, p. 151).
    The reproductive cycle of this species is seasonal. Mating occurs 
in the spring (October through December), when polygynous males (males 
who breed with more than one female) establish territories. When laying 
eggs, this species constructs a mound out of vegetation, and it 
deposits its eggs in the center of the mound. This process is called 
``mound-nesting.'' Another characteristic of this species is that it 
exhibits communal nesting (several females laying eggs in the same 
nest). Partially divided nest chambers, each with normal clutch sizes, 
and nests with unusually large clutches (129 eggs) have been observed 
in this species which is indicative of communal nesting (Larriera 
2002). Clutch sizes range between 18 to 50 eggs, with females typically 
laying between 30 and 40 eggs (Micucci and Waller 1995). Egg laying 
occurs during the wet summer season, which occurs from December through 
February (Verdade 1998, pp. 18-19). Young hatch at the end of fall and 
early winter (February-April) (Micucci and Waller 1995, p. 81).
    This species is an opportunistic feeder. The young feed on insects 
and small arthropods. As hatchlings grow, their diet becomes primarily 
aquatic mollusks and crustaceans, and then

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adults primarily feed on fish (Micucci and Waller 1995, pp. 81-112).

CITES

    The broad-snouted caiman was listed in Appendix I of CITES on July 
1, 1975. CITES Appendix I includes species that are ``threatened with 
extinction which are or may be affected by trade.'' Species listed 
under Appendix I may not be traded for primarily commercial purposes. 
These protections were put in place because the species had suffered 
substantial population declines throughout its range due to habitat 
destruction and overexploitation through the commercial crocodilian 
skin trade.
    The Argentine population was transferred to Appendix II (which 
allows for commercial trade) in 1997. CITES Appendix II includes 
species that are less vulnerable to extinction and that ``although not 
necessarily now threatened with extinction may become so unless trade 
in specimens of such species is subject to strict regulation in order 
to avoid utilization incompatible with their survival.'' Management 
activities in Argentina were reviewed by the CITES Parties prior to 
transferring this population from Appendix I to Appendix II. The review 
included assessments of population status, determination of sustainable 
harvest quotas (and approval of ranching programs), and the control of 
the illegal harvest. Management regulations imposed after harvest 
included the tagging of skins and issuance of permits to satisfy the 
requirements for Appendix-II species. For a more in-depth discussion on 
CITES, please see the International Trade and Regulation under CITES 
section under Factor B. Overutilization for Commercial, Recreational, 
Scientific, or Educational Purposes.

Trade

    Beginning in the 1940s, the broad-snouted caiman was hunted 
commercially for its leather, which is considered to be higher quality 
than that of other caiman species (Verdade et al. 2010, p. 19). Prior 
to being protected by CITES, thousands of broad-snouted caiman skins 
were exported from its range countries, which led to the listing of the 
species in Appendix I of CITES in 1975 (Verdade 1998, pp. 18-19, 
Larriera 2003, unpaginated). In 1990, ``Projecto Yacar[eacute]'' 
(``Caiman Project'') was implemented in Argentina based on a concept of 
conservation through sustainable use of broad-snouted caiman. The 
objective of the program was to improve the status of the population in 
two ways: by creating incentives for landowners and by increasing 
public awareness in the local communities to encourage the increase of 
caiman populations. Another objective was to conserve natural wetlands 
on which caimans depend (Larriera et al. 2008a, pp. 143-145). As of 
2008, four ranching programs were operating in Argentina (Larriera et 
al. 2008), producing a total of approximately 12,000 skins per year 
(Verdade et al. 2010, p. 19). As of 2010, there were seven ranching 
programs registered with the government of Argentina. These programs 
also reintroduce captive-raised individuals to the wild. Three of the 
programs function on an educational basis, with no commercial 
production. These educational ranching operations are in Entre 
R[iacute]os, Chaco, and Corrientes Provinces. Two of the commercial 
ranching programs are in Formosa; the other two are in Corrientes and 
Santa Fe Provinces. In 2010, there were 7,768 hatchlings produced in 
Argentina (Larriera 2010b, p. 1).

Conservation Status

    The broad-snouted caiman is currently listed as endangered 
throughout its range under the ESA and received protections under the 
ESA on June 14, 1976 (41 FR 24062). With respect to CITES, this species 
was placed in Appendix I of CITES due to severe exploitation for 
international trade and habitat destruction. Because the Argentine 
broad-snouted caiman population was moved to Appendix II of CITES in 
1997, commercial international trade is allowed, subject to several 
restrictions, for specimens, parts, and products originating in 
Argentina. The broad-snouted caiman is presently listed as endangered 
in its entirety under the Act (41 FR 24062; June 14, 1976), and 
importation into the United States of endangered species is prohibited 
under the Act with certain exceptions. IUCN classifies this species as 
``least concern'' (https://www.iucnredlist.org, accessed November 8, 
2010). However, IUCN rankings do not confer any actual protection or 
management.

Status in Range Countries and Population Estimates

    In part because broad-snouted caiman habitat tends to be heavily 
vegetated and is difficult to access for humans, actual numbers of the 
species have been difficult to document; some researchers believe that 
the size of the population has historically been underestimated 
(Larriera and Imhof 2000, pp. 311-313). The imprecision is reflected in 
the global wild population estimate of between 250,000 and 500,000 
individuals (https://www.flmnh.ufl.edu/cnhc/csp_clat.htm, accessed 
January 18, 2011).
    It is difficult to accurately obtain population numbers for 
crocodiles due to variables such as water temperature, the nature of 
their behavior of disappearing underwater in response to certain types 
of disturbance, their respective visibility based on water depths, and 
their ability to migrate based on drought or flooding (Magnusson 1980, 
pp. 393-394; Bayliss 1987, p. 158; Graham 1988, p. 74; Pacheco 1996, p. 
44). An early journal article described ``night counts'' as a mechanism 
for surveying American alligators, which live in habitat similar to 
that of broad-snouted caiman (Wood et al. 1986, p. 263) and exhibit 
similar characteristics. This paper indicated that ``the accuracy of 
night count indices is only 20-25 percent of true population means'' 
and referred to previous research conducted by Taylor and Neal (1984, 
pp. 316-317). Night count surveys use spotlights to detect caiman eyes. 
Although night counts are not entirely precise, they are very often 
used as a method of surveying crocodile species.
    As an example of the difficulty in accurately obtaining population 
numbers for crocodiles, a review of crocodile ranching programs 
conducted for CITES by the IUCN Crocodile Specialist Group (CSG) in 
2004 found that only three Parties (one of which was Argentina) to 
CITES attempted to estimate what proportion of the total wild 
production was being harvested under their ranching programs (Jenkins 
et al. 2006, p. 35). These estimates were based on production estimates 
which have wide variances and largely unknown accuracy. However, this 
report indicated that the easiest data to obtain and report to track 
population trends are those linked to the operation of the ranching 
programs (the method used by Argentina), data such as numbers of eggs 
collected from the wild. The eggs in Argentina's program are collected 
from known nest locations in the wild and are an indication of caiman 
density. This is why we use the information reported from Argentina's 
egg harvest as the best available information of population trend. The 
IUCN-CSG report also indicated that results probably indicate 
deficiencies in reporting rather than any declines of conservation 
significance in wild populations. The CSG recommended field data to 
verify this assertion, some of which has been collected over the past 
few years. However, recent surveys (Siroski 2004, 2006; Micucci et al. 
2007;

[[Page 670]]

Pi[ntilde]a et al. 2008) have found broad-snouted caiman in sampled 
populations at densities comparable to the non-threatened American 
alligator (Wood et al. 1985, p. 271). In Argentina, recent densities of 
broad-snouted caiman ranged between 5 and 238 caiman per kilometer 
(km), and almost 70 sites were surveyed.
    The map below illustrates the distribution of the species. Below is 
the best available information regarding the status of the species in 
each country.
[GRAPHIC] [TIFF OMITTED] TP05JA12.004

Argentina

    In Argentina, the broad-snouted caiman is found in nine provinces 
(Formosa, Santa Fe, Misiones, Corrientes, Entre Rios, Chaco, Santiago 
del Estero, Salta, and Jujuy). According to Imhof (unpublished 2006), 
approximately 30 percent of the species' range is in Argentina. 
Argentina has large areas of intact, although altered habitat with 
healthy populations (Verdade 1998, pp. 18-19; Pi[ntilde]a et al. 2009). 
For example, broad-snouted caiman is thought to inhabit 2,400 of 2,700 
water bodies (Pi[ntilde]a et al, 2008, p. 4) in the Salta Province in 
Argentina. Surveys conducted in 2007 and 2008 indicated that broad-
snouted caiman habitat in Salta Province is about 3,650 km\2\ (1,409 
mi\2\). These surveys found broad-snouted caiman densities had 
increased to between 20 and 120 caiman per km in 2009; up from 2 to 8 
caiman per km in 1990 when Argentina's management program of broad-
snouted caiman first began (Siroski and Larriera 2010, pers. comm.). 
These densities are within the normal range for crocodile species. In 
Argentina, this species has been observed in a variety of habitats and 
waterways, including rivers near waterfalls such as Iguaz[uacute], and 
freshwater creeks with rocky bottoms (Micucci and Waller 1995, pp. 81-
110). In the Province of Santa Fe, the species is found primarily in 
the floodplain along the Paran[aacute] River, the Salado river 
watershed, and the Saladillos watershed (Larriera 1995). Its nesting 
areas reflect the adaptability of this species to a variety of 
habitats. Nests have been found along dikes or levees, shallow lagoons, 
still and slow-moving waters in rivers and channels, artificial ponds, 
and on small hills in wetlands (Larriera 1995, pp. 221-230). Nests have 
also been found in mature chaco forests of open or closed canopy as far 
as 300-2,000 m (984-6,562 ft) from water (Larriera 1995, pp. 221-230; 
Larriera et al. 2008, p. 151).
    Since management and monitoring of the Argentine population began, 
population estimates for Argentina have indicated an upward trend. This 
has been achieved through an organized ranching program and 
reintroduction of hatchlings into the wild (See Factors B and D 
discussion below). Through this program, a significant increase in egg 
collection and harvest has occurred in the wild; over 30,000 hatchlings 
from eggs collected have been released into

[[Page 671]]

the wild since the program began. Surveys conducted between 1991 and 
1992 indicated an average density of 12.2 individuals per km. Later 
surveys conducted during the 1999-2000 season indicated that in the 
Iber[aacute] Reserve, Corrientes Province, the density had increased to 
32.4 individuals per km (Waller 2003 in Pi[ntilde]a et al. 2010, p. 4). 
Night counts found an increase of less than 1 caiman per km when the 
program began, to almost 10 caiman per km in 2000, and over 4 caiman 
per kilometer in 2006 and 2007 (Larriera 2008c, p. 2). This decrease in 
density during 2006-2007 was attributed to drought (Larriera 2008c, p. 
3); however, natural fluctuations such as this often occur in wild 
populations (Woodward 2010, p. 2). Caiman populations, like most other 
crocodilian populations, can be adversely affected by droughts. Most 
crocodilians and prey species suffer short term declines during these 
conditions but readily respond to wetter conditions. Overall, egg 
harvest increased 750 percent between 1992 and 2007 (Larriera 2008c, p. 
2). This increase in egg production was attributed in part to caiman 
being released through this program and reaching sexual maturity 
(Larriera 2008c, p. 3). Additional surveys revealed densities found 
within its range recorded in Table 1.

                  Table 1--Densities of Broad-Snouted Caiman Observed During Population Counts
----------------------------------------------------------------------------------------------------------------
                                                 Number of    Range of caiman
      Country/province             Years        localities       densities                   Source
----------------------------------------------------------------------------------------------------------------
Argentina/Formosa...........       2007-2008              11  22 to 238 per    Pi[ntilde]a et al. (2008).
                                                               km.
Argentina/Corrientes........       2007-2008              10  5 to 125 per km  Pi[ntilde]a et al. (2008).
Argentina/Salta.............       2007-2008              39  3 to 5 caiman    Pi[ntilde]a et al. (2008).
                                                               per lagoon.
Argentina/Sante Fe..........       2007-2008             * *  4 per km *.....  Larriera et al. (2008).
Argentina/Santa Fe..........            2002               7  6 to 200 per km  Larriera and Imhoff (2004).
Bolivia/Pilcomayo River                 1998               6  3 to 58 per km.  Llobet-Querejazu (1998).
 Basin, Tarija.
Bolivia/Tarija Department...       2004-2005              54  6.17 per km....  Aparicio and Rios (2008).
Uruguay.....................       2001-2004              36  3.5 per km.....  Borteiro et al. (2008).
Brazil/S[atilde]o Francisco        2006-2007              64  Presence in 44   Filogonio et al. (2009).
 River Basin.                                                  percent of
                                                               areas surveyed.
----------------------------------------------------------------------------------------------------------------
* Recent caiman counts suggest that populations declined somewhat during 2002-2003 and 2007-2008 (Micucci et al.
  2007; Larriera et al. 2008). This has been attributed to cyclic drought conditions during the early 2000s
  (Micucci et al. 2007; Larriera et al. 2008).
* * Not available.

Bolivia

    The population of broad-snouted caiman in Bolivia is at the far 
western edge of the species' range. According to Imhof (unpublished 
2006), approximately three percent of the species' range is in Bolivia. 
In 1983, broad-snouted caiman was found in the Pando Department 
(departments in South America are comparable to state jurisdictions in 
the United States) of Bolivia, which is at the northwestern tip of 
Bolivia (Medem 1983). In 1989, broad-snouted caiman was only found in 
the Pilcomayo River area, a tributary of the Paraguay River (King and 
Videz-Roca 1989). The Paraguay River, also known as Rio Paraguay, is 
2,621 km (1,629 miles (mi)) in length and runs through Bolivia, Brazil, 
Paraguay, and Argentina, joining the broad-snouted caiman populations 
in these countries. Surveys in the late 1990s considered the Bolivian 
population of this species to be severely depleted (Verdade 1998, pp. 
18-19). Anecdotal reports indicate that the abundance of broad-snouted 
caiman in the Pilcomayo River region may have increased over the past 
10 years, but in the Bermejo River region, populations may have 
declined (Aparicio and R[iacute]os 2008, pp. 111, 122). It is unclear 
whether the population change is public perception or whether the 
perception represents an actual change in broad-snouted caiman 
population numbers within Bolivia.
    During a survey conducted in 2003 and 2004, 6.2 individuals per km 
were observed (Aparicio and Rios 2008, p. 104). The survey was 
conducted in 54 water bodies; 42 of which are part of the Pilcomayo 
River sub-basin, 12 water bodies were in the sub-basin of the Bermejo 
River (Aparicio and Rios 2008, p. 110). The highest abundance values 
were recorded in ``atajados'' (dikes) and artificial ponds. Broad-
snouted caiman here exhibit preferences for inhabiting shallow 
temporary water bodies that have abundant vegetation cover. The 
population of broad-snouted caiman for this area was calculated on the 
basis of 135 individuals. In 1998, an abundance of 3.3 individuals per 
km was reported (Pacheco and Llobet 1998). The 1998 data indicated that 
the population was dominated by young individuals (Aparicio and Rios 
2008, p. 110). A high level of young may indicate that the population 
is growing. Although different survey methods and timing were employed 
in the 1998 and 2003-2004 surveys, the population estimates suggest an 
increase in density of almost 3 individuals per km from 1998 to 2003-
2004. A further observation of the survey found that broad-snouted 
caiman exist in areas previously unknown to be inhabited. It is found 
in the Gran Chaco, Arce, and O'Connor Provinces (sub-basins Pilcomayo 
and Bermejo) in the Tarija Department, which is in the south of 
Bolivia. Despite information suggesting an increasing trend in the 
Bolivian population, populations of broad-snouted caiman are still 
considered to be severely depleted in Bolivia (Aparicio and R[iacute]os 
2008, p. 104; Verdade et al. 2010, p. 19).

Brazil

    Brazil has the largest range for this species; approximately 60 
percent of the species' range is in Brazil (Imhof unpublished 2006). In 
2003, Brazil established a nationwide research and development program, 
called Programme for Biology, Conservation and Management of Brazilian 
Crocodilians (Coutinho and Luz 2008 in Velasco et al. 2008 p. 80). The 
broad-snouted caiman was listed as an endangered species in Brazil 
until 2003, at which time the species was withdrawn from the Brazilian 
List of Endangered Fauna (The Brazilian Institute of Environment and 
Renewable Natural Resources [IBAMA] 2003). In 2006, it was reported 
that in southeast Brazil there were four farms involved in breeding 
this species. There were a total of 354 caiman in the farms, and in 
2006, 719 hatchlings had been produced (CSG Steering Committee Meeting 
2006, p. 6). We have no other information about the status of this 
program.
    Although there is still a lack of population data and monitoring, 
the surveys conducted indicate that broad-snouted caiman is present 
(confirmed in

[[Page 672]]

44 percent of 64 areas surveyed) throughout the S[atilde]o Francisco 
River basin, its primary habitat. A 2006-2007 survey conducted in the 
S[atilde]o Francisco River basin found the occurrence of crocodilians 
in 61 percent of 64 surveyed localities, in which the presence of 
broad-snouted caiman was confirmed in 44 percent of the surveyed sites. 
This was a survey conducted primarily to detect presence and absence, 
rather than an estimate of the population (Filogonio et al. 2009, p. 
961). Caiman occurred in both lentic (still water) and lotic (moving 
water) habitats, although caiman preferred water bodies consisting of 
small dams, oxbow lakes, and wetlands. Despite the hunting pressure and 
human impact on natural habitats, results indicated that the 
populations of broad-snouted caiman in the S[atilde]o Francisco basin 
are broadly distributed and not fragmented (Filogonio et al. 2009, p. 
961).
    No other recent survey data are known in Brazil other than in the 
northwest portion of Santa Catarina Island, in the Ratones River plain. 
In this area surveyed, a density of 0.25 caiman per km was encountered 
(Fusco-Costa et al. 2008, p. 185). Based on their size, these caiman 
were generally considered to be adults. The purpose of study was to 
primarily confirm the presence of this species in this location.
    Preliminary data indicate that this species is more widespread and 
prevalent in Brazil than previously believed. The main concern for this 
species in Brazil appears to be dams that have been constructed for 
hydroelectric stations that block water flow to wetlands. Both drainage 
of land for agriculture and river pollution have also reduced the 
availability of broad-snouted caiman habitat in Brazil (Verdade 1998, 
pp. 18-19). Hunting pressure is another factor that affects broad-
snouted caiman in Brazil. It is hunted for several reasons: Because 
caiman feed on the fish attached to fishing nets; because caiman 
destroy fishing nets; and because caiman are a source of food. Although 
Brazil has established a research and development program for the 
conservation and management of Brazilian crocodilians, data are lacking 
for this species.

Paraguay

    No recent survey data are available for Paraguay, however, 
according to Imhof (unpublished 2006); approximately seven percent of 
the species' range is in Paraguay. The latest data available indicate 
that the population of broad-snouted caiman is naturally low and 
scattered throughout eastern Paraguay and the southern half of the 
Chaco region, western Paraguay, possibly because other potential 
habitat in western Paraguay is ephemeral (seasonal, not permanent) 
(Scott et al. 1990, pp. 43-49). The Paraguayan population is found in 
seasonal marshes and livestock ponds, and has colonized manmade water 
bodies (Scott et al. 1990). There is no known conservation program for 
broad-snouted caiman in Paraguay.

Uruguay

    The broad-snouted caiman is the only caiman species found in 
Uruguay (Borteiro et al. 2006, p. 98); the percentage of this species' 
range in Uruguay is unknown (Imhof unpublished 2006). There were little 
data available regarding this species' population numbers until 
recently. New information available to the Service updates the density 
estimates of broad-snouted caiman in Uruguay. The population of broad-
snouted caiman in Uruguay is more widespread and appears larger than 
previously believed (Borteiro et al. 2006, pp. 97-108; Borteiro et al. 
2008, pp. 244-250), but it is unclear whether population growth has 
occurred or whether earlier surveys were inaccurate. In the past, it 
was suggested that a decline in population had occurred in Uruguay, but 
no strong basis for this existed (Verdade 1998, p. 20). Recent 
observations and field surveys indicate that broad-snouted caiman is 
fairly common in northern Uruguay, and is also widely distributed in 
central and western Uruguay (Borteiro et al. 2008, p. 248). This 
species is adaptable to a wide range of water sources and habitats 
(Borteiro et al. 2006, p. 102, Borteiro et al. 2008, p. 244) and is 
connected to the Argentina and Brazilian populations through the 
Uruguay River basin (Borteiro et al. 2006, p. 103).
    Previous local reports about the population status of broad-snouted 
caiman in Uruguay published since the mid 1950s suggested that this 
species was subject to extinction due to habitat destruction and 
poaching (Vaz-Ferreira 1956; Orejas-Miranda 1969; Talice 1971; Vaz-
Ferreira 1971; Achaval 1977); however, no discussion of survey data and 
methods was made to support these conclusions (Borteiro et al. 2008, p. 
247). During surveys conducted between 1981 and 2003, the species was 
found in both the Cebollat[iacute] and Tacuar[iacute] Rivers, as well 
as in the Pelotas, India Muerta, and San Miguel stream basins (Borteiro 
et al. 2006, p. 97). In the Department of Artigas (northern tip of 
Uruguay), broad-snouted caiman was found to be present in 29 out of 36 
surveyed areas (Borteiro et al. 2008, pp. 246). The area studied 
consisted of approximately 400 km\2\ (154 mi\2\) of fluvial plains in 
the Uruguay River basin, in Artigas Department, northwestern Uruguay. 
The caiman observed were predominantly sub-adults. A total of 462 
individuals were located during these surveys, and the density was 
determined to be 3.5 individuals per km.
    Although comparisons with these previous surveys are difficult 
based on unknown methodologies used in the past, the 2008 data, along 
with the population age structure of caiman, suggests that the 
population may be increasing (Borteiro et al. 2008, p. 248). The 
researcher noted that the observed caiman were predominantly subadults 
and, thus, had the potential to recruit into adult size classes (as 
opposed to very young hatchlings which have a significantly higher 
mortality rate). This observation may be due to an increase in 
agricultural and livestock activities that inadvertently had a positive 
effect on broad-snouted caiman. These previous reports about the 
population status of broad-snouted caiman in Uruguay may have been due 
to inadequate surveys or survey methodology, or the population may have 
grown.

[[Page 673]]

[GRAPHIC] [TIFF OMITTED] TP05JA12.005

    In 2008, the number of caiman located in each area surveyed ranged 
between one and 31. The average abundance was between 1.3 and 3.4 per 
km (Borteiro et al. 2008, p. 246). Research conducted recently 
regarding the population age structure of caiman in Uruguay indicates 
that the population is increasing (Borteiro et al. 2008, p. 248). This 
may be due to an increase in agricultural impoundments that have been 
constructed in the past few decades which have unintentionally created 
suitable habitat for caiman. Each department in which broad-snouted 
caiman has recently been documented and the most recent date observed 
is below (Borteiro et al. 2008, pp. 244-250).

Dept. of Artigas (Northern Uruguay; caiman commonly found)
     Yacuy stream (2002)
     Mandiyu stream (2003)
Dept. of Cerro Largo (eastern Uruguay)
     Fraile Muerto stream (2005)
Dept. of Lavelleja
     Jos[eacute] Pedro Varela (2003)
Dept. of Paysand[uacute] (1997)
Dept. of Rocha
     San Luis (2001)
     San Miguel River stream (2003)
Dept. of Rivera (1992)
Dept. of Tacuaremb[oacute]
     Paso Bonilla (2003)
Dept. of Salto (Northwestern Uruguay, no current reports; historical 
accounts only,
    Borteiro et al. 2006, pp. 98-100)
Dept. of Treinta y Tres
     Merin Lake; Tacuari River (2002)
     Paso del Dragon (2002)
     Kiosco Tacuari (2003)

    Additionally, in Uruguay, a private farm began in 2002 that 
involved reproduction and reintroduction of this species into the wild. 
The goal of this Government-sanctioned farm was to produce skins and 
meat commercially. In 2008, there were 20 adult caiman in the farm, yet 
they had reintroduced 100 caiman back into the wild (Velasco et al. 
2008, p. 82). The Service knows of no additional information regarding 
this private farm.
    In summary, the population of broad-snouted caiman in Uruguay 
appears to be larger than previously believed, but differences in 
survey methodologies used make it difficult to assess population 
trends. The percentage of the broad-snouted caiman population that 
exists in Uruguay has still not been estimated.

Distinct Population Segment Analysis

    As indicated previously in this document, the Government of 
Argentina requested that we review the status of the species in 
Argentina in order to determine whether or not the species warrants 
reclassification to threatened status under the Act. Section 3(16) of 
the Act defines ``species'' to include ``any species or subspecies of 
fish and wildlife or plants, and any distinct population segment (DPS) 
of any species of vertebrate fish or wildlife which interbreeds when 
mature'' (16 U.S.C. 1532(16)). In evaluating whether the action 
petitioned by Argentina is warranted, we first must analyze whether 
this population constitutes a ``species'' as defined under the Act. 
Thus, we begin our analysis with a determination of whether the 
population in Argentina represents a DPS. A DPS is a listable entity 
under the Act, and is treated the same as a listed species or 
subspecies. It is listed, protected, and recovered just as any other 
endangered or threatened species or subspecies. The term ``distinct 
population segment'' is part of the statutory definition of a 
``species'' and is significant for listing, delisting, and 
reclassification purposes under section 4 of the Act.
    To interpret and implement the DPS provisions of the ESA and 
Congressional guidance, the Service and the National Marine Fisheries 
Service jointly published the DPS Policy (see the Policy regarding the 
recognition of distinct vertebrate population segments under the Act 
(61 FR 4722; February 7, 1996). Congress included the DPS concept in 
the ESA, recognizing that a listing, reclassification, or delisting 
action may, in some circumstances, be more appropriately applied over 
something less than the entire area in which a species or subspecies is 
found or was known to occur in order to protect and recover organisms 
in a more timely and cost-effective manner. A DPS is a listable entity 
that is usually described geographically rather than biologically. By 
using international boundaries, we are able to clearly identify the 
geographic extent of the DPS listing and thereby facilitate law 
enforcement and promote public understanding of the listing. Under this 
Policy, we evaluate a set of elements in a three-step process in order 
to make our decision concerning the establishment and classification of 
a possible DPS. These elements are applied similarly for both additions 
to, reclassifications under, and removals from the Federal Lists of 
Endangered and Threatened Wildlife and Plants. These elements include:

[[Page 674]]

    (1) The discreteness of a population in relation to the remainder 
of the taxon to which it belongs;
    (2) The significance of the population segment to the taxon to 
which it belongs; and
    (3) The population segment's conservation status in relation to the 
Act's standards for listing (addition to the list), delisting (removal 
from the list), or reclassification (i.e., is the population segment 
endangered or threatened).
    The Policy first requires the Service to determine that a 
vertebrate population is discrete in relation to the remainder of the 
taxon to which it belongs. Discreteness refers to the ability to 
delineate a population segment from other members of a taxon based on 
either (1) Physical, physiological, ecological, or behavioral factors 
(quantitative measures of genetic or morphological discontinuity may 
provide evidence of this separation), or (2) international governmental 
boundaries that result in significant differences in control of 
exploitation, management, or habitat conservation status, or regulatory 
mechanisms that are significant in light of section 4(a)(1)(D) of the 
Act--the inadequacy of existing regulatory mechanisms.
    Second, if we determine that the population is discrete under one 
or more of the discreteness conditions, then a determination is made as 
to whether the population is significant to the larger taxon to which 
it belongs in light of Congressional guidance (see Senate Report 151, 
96th Congress, 1st Session) that the authority to list DPS's be used 
``sparingly and only when the biological evidence indicates that such 
action is warranted.'' In carrying out this examination, we consider 
available scientific evidence of the population's importance to the 
taxon to which it belongs. This consideration may include, but is not 
limited to the following:
    (1) The persistence of the population segment in an ecological 
setting that is unique or unusual for the taxon;
    (2) Evidence that loss of the population segment would result in a 
significant gap in the range of the taxon;
    (3) Evidence that the population segment represents the only 
surviving natural occurrence of a taxon that may be more abundant 
elsewhere as an introduced population outside of its historic range; 
and
    (4) Evidence that the discrete population segment differs markedly 
from other populations of the species in its genetic characteristics 
from other populations of the species.
    A population segment needs to satisfy only one of these conditions 
to be considered significant. Evidence with respect to any one of these 
scenarios may allow the Service to conclude that a population segment 
can be significant to the taxon to which it belongs. Furthermore, the 
Service may consider other information relevant to the question of 
significance, as appropriate.
    Lastly, if we determine that the population is both discrete and 
significant, then the DPS Policy requires an analysis of the population 
segment's conservation status in relation to the Act's standards for 
listing (addition to the list), delisting (removal from the list), or 
reclassification (i.e., is the population segment endangered or 
threatened). A detailed discussion is then presented for the five 
listing factors for each DPS as required by the Act. We analyze these 
factors in response to the current status of the species, which 
encompasses present and future threats and conservation efforts.
    The broad-snouted caiman has a continuous range from Argentina to 
Bolivia, Brazil, Paraguay, Uruguay (see Figure 1). We evaluated the 
status of this species to determine if two distinct population segments 
exist (one in Argentina, and the other in Bolivia, Brazil, Paraguay, 
and Uruguay) under this Policy because its range spans several 
countries and its conservation status varies by country. We evaluated 
the species in this manner specifically for two reasons. First, the 
Government of Argentina petitioned us to reclassify the species in 
Argentina to threatened, and second, in Argentina, this species is 
listed in Appendix II of CITES, and in the rest of its range: Bolivia, 
Brazil, Paraguay, and Uruguay, it is listed in Appendix I of CITES. The 
significance of this distinction is that these two populations may be 
subject to different management regimes and may have different 
conservation statuses. Thus, we considered whether these two 
populations meet the discreteness and significance criteria under our 
DPS policy, and then whether these two potential DPSs of the broad-
snouted caiman still meet the definition of endangered, should be 
reclassified to threatened, or whether either population segment has 
recovered and is no longer either endangered or threatened.

Discreteness

    In the first step in our DPS analysis, we determine whether there 
are any populations that are discrete in relation to the remainder of 
the taxon to which it belongs. A DPS may be considered discrete if it 
meets the criteria described above under Distinct Population Segment 
Analysis. Recognition of international boundaries when they coincide 
with differences in the management, status, or exploitation of the 
species under the Act is consistent with CITES, which recognizes 
international boundaries for these same reasons.

Physical, Physiological, Ecological, or Behavioral Factors

    There are no studies or information that indicate there are 
physical, physiological, ecological, or behavioral characteristics that 
would contribute to separateness between the Argentine population and 
the population in Bolivia, Brazil, Paraguay, and Uruguay. The Paraguay 
River joins the broad-snouted caiman populations in Argentina, Bolivia, 
Brazil, and Paraguay. The Uruguay population of the broad-snouted 
caiman is connected to the Argentine and Brazilian populations through 
the Uruguay River basin (Borteiro et al. 2006, p. 103). Broad-snouted 
caiman populations are also connected through the Paran[aacute] and 
S[atilde]o Francisco River systems of northeast Argentina, southeast 
Bolivia, Paraguay, and northeast Uruguay. This is a wide-ranging 
species that occurs primarily in freshwater environments such as lakes, 
swamps, and slow-moving rivers. Because it is connected via the major 
river systems that flow through the species' range and we have found no 
information indicating separateness between the Argentine population 
and the population occurring in the remainder of the species' range due 
to physical, physiological, ecological, or behavioral factors,, we did 
not find either population segment is discrete based on this factor.
    Moreover, we are not aware of any quantitative data of genetic or 
morphological discontinuity to indicate separateness between the two 
populations. Because of their interactions through interconnected river 
systems and a current range that mirrors their historical range, we 
find that the two populations overlap, allowing for genetic 
intermixing. Therefore, these two population segments cannot be 
delineated based on physical, physiological, ecological, or behavioral 
factors.

International Differences in Species' Conservation Status

    Under our DPS policy, consideration may be given to utilizing 
international boundaries in establishing discreteness when differences 
in management, conservation status, or control of exploitation of the 
species exist between

[[Page 675]]

these population segments as a consequence of national legislation. 
Thus, we analyze below whether any of these differences exist that are 
significant in light of section 4(a)(1)(D) of the Act.

Argentina

    Two clear differences in the exploitation, management, habitat 
conservation status, or regulatory mechanisms of this species exist 
between Argentina and the remainder of its range. This species is 
intensely managed in Argentina, and due to its improved status in the 
wild, is listed in Appendix II of CITES. In contrast, this species is 
not intensively managed in the remainder of its range, and it continues 
to be listed in Appendix I under CITES due to its unimproved status in 
the range countries outside of Argentina. The primary reason this 
species was protected by the ESA and CITES was because of the decrease 
in population numbers due to overutilization (see discussion under 
Factor B in the Evaluation of Factors Affecting the Species section 
below). Argentina's management regime has resulted in an increase in 
this species' population such that harvest for international trade may 
be conducted sustainably under proper management.
    Although all of this species' range countries have national 
protected-species and protected-areas legislation under the 
jurisdiction of specific ministries or departments that control 
activities that impact the broad-snouted caiman and its habitat, 
Argentina's national legal framework is particularly robust (See Factor 
D). In 1990, Argentina began a joint government-private initiative to 
recover this species in the Santa Fe Province (Jenkins et al. 2004, pp. 
25-28; Verdade 2010, pp. 18-20). This program was ratified by 
Provincial Law 4830, Articles 22 and 37 (CITES CoP 10, Proposal 10.1) 
and subsequently expanded in scope. Now there are seven government-
approved broad-snouted ranching programs within four provinces. This 
initiative began in order to increase this species' population size and 
to be able to sustain commercial harvest. In the proposal to transfer 
this species from CITES Appendix I to Appendix II, the proposal noted 
that although the primary threat was initially overutilization, the 
more recent and significant threat was habitat loss (CITES Cop 10, 
Proposal 10.1). The proposal indicated that a method to reduce the 
threat of habitat loss is to put an economic value on the species' 
habitat, so that the local communities and farmers would not drain the 
land (degrade the species' habitat). Thus, Argentina's caiman egg 
harvesting program began creating incentives for locals to protect and 
conserve habitat for the broad-snouted caiman (see Factor D).
    This species is also protected through legislation (Law 22.421 and 
Decree 691/81), administered by the Direcci[oacute]n Nacional de Fauna 
y Flora Silvestres. The Government of Argentina is adequately enforcing 
its legal frameworks, both at the national and international levels. 
The best available information strongly suggests that the caiman 
population in Argentina is increasing, while the population trend in 
the other range countries is unclear (Verdade et al. 2010, pp. 18-19). 
The species has significantly increased in density since the caiman 
ranching program began in 1990, and its range has expanded into areas 
where it had not been seen prior to 1990. In the Santa Fe Province, for 
example, the number of nests identified increased from 14 in 1990 to 
304 nests in 2002 (Jenkins et al. 2004, p. 27). The monitoring reports 
indicate that Argentina's management of the species is resulting in an 
upward trend in this species' population. Argentina submits reports in 
accordance with CITES and is an active participant in the IUCN's 
Crocodile Specialist Group, particularly for this species. The 
management of this species has led to significant improvement in the 
status of the species in Argentina, which has been demonstrated through 
monitoring and reporting (Jenkins et al. 2004, pp. 25-28; Verdade et 
al. 2010, pp. 18-20). Due to Argentina's management, the population of 
broad-snouted caiman is now widespread and abundant throughout its 
range in Argentina. It is relatively common in suitable habitat in the 
provinces of Formosa, Santa Fe, Corrientes, and Salta. While some 
habitat loss and degradation remain in Argentina, these threats have 
been reduced, as explained in our five-factor analysis below.

Bolivia, Brazil, Paraguay, Uruguay

    Within each of these countries, not only is there a wide 
variability in the amount of information available about the species, 
but also about the level of management and monitoring of the species 
(Borteiro et al. 2006; Larriera et al. 2008, p. 152; Verdade et al. 
2010, p. 20). This species is listed in Appendix I of CITES in these 
range countries, which means that international trade originating from 
these countries of broad-snouted caiman including its parts and 
products, for primarily commercial purposes is prohibited. To our 
knowledge, none of these countries have submitted proposals to change 
the status of this species under CITES to the less restrictive Appendix 
II listing (www.cites.org, accessed July 7, 2011). Although this 
international trade restriction is in place for range countries other 
than Argentina, we remain concerned about habitat loss, the status and 
management of wild populations in those countries.
    In the remainder of this species' range (Bolivia, Brazil, Paraguay, 
and Uruguay), these governments either have not demonstrated an ability 
to adequately enforce their legal framework,