Endangered and Threatened Wildlife and Plants; Listing One Distinct Population Segment of Broad-Snouted Caiman as Endangered and a Second as Threatened With a Special Rule, 38161-38190 [2013-15006]

Agencies

• Fish and Wildlife Service
• DEPARTMENT OF THE INTERIOR

[Federal Register Volume 78, Number 122 (Tuesday, June 25, 2013)]
[Rules and Regulations]
[Pages 38161-38190]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-15006]



[[Page 38161]]

Vol. 78

Tuesday,

No. 122

June 25, 2013

Part III





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 One Distinct 
Population Segment of Broad-Snouted Caiman as Endangered and a Second 
as Threatened With a Special Rule; Final Rule

Federal Register / Vol. 78, No. 122 / Tuesday, June 25, 2013 / Rules 
and Regulations

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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 One 
Distinct Population Segment of Broad-Snouted Caiman as Endangered and a 
Second as Threatened With a Special Rule

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: Under the Endangered Species Act of 1973, as amended (ESA), 
we, the U.S. Fish and Wildlife Service (Service), reclassify the broad-
snouted caiman in Argentina from endangered to threatened in the List 
of Endangered and Threatened Wildlife. As part of this final rule, we 
have established two distinct population segments (DPSs) of the broad-
snouted caiman (Caiman latirostris): A DPS in Argentina and a DPS 
encompassing Bolivia, Brazil, Paraguay, and Uruguay. This second DPS 
remains listed as endangered under the ESA. We are finalizing this 
action under the ESA 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 ESA. Intense management of the 
species in Argentina has brought the Argentine DPS to the point where a 
change in status is appropriate.
    As of the effective date of this final rule, the broad-snouted 
caiman will be included in the special rule for trade in caiman 
species. Inclusion in this special rule allows 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.

DATES: This final rule is effective July 25, 2013.

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, 
U.S.A. telephone 703-358-2171; facsimile 703-358-1735. 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:

Peer Review

    In accordance with our joint peer review policy with the National 
Marine Fisheries Service, ``Notice of Interagency Cooperative Policy 
for Peer Review in Endangered Species Act Activities,'' published in 
the Federal Register on July 1, 1994 (59 FR 34270), and the Office of 
Management and Budget's Final Information Quality Bulletin for Peer 
Review, dated December 16, 2004, we sought the expert opinions of three 
appropriate independent specialists regarding the science in our 
January 5, 2012, proposed rule (77 FR 666). The purpose of peer review 
is to ensure that listing, downlisting, and delisting decisions are 
based on scientifically sound data, assumptions, and analyses. We 
invited these peer reviewers to comment during the public comment 
period, on the specific assumptions and conclusions in the proposed 
downlisting of the Argentine population (DPS) of the broad-snouted 
caiman. We provide a summary of the opinions of these reviewers below, 
and we considered their input and any additional information we 
received as part of this final determination.

Summary of Comments and Recommendations

    We reviewed all comments we received from the public and peer 
reviewers for substantive issues and new information regarding the 
proposed delisting of this species, and we address those comments 
below. Overall, the commenters and peer reviewers supported the 
proposed reclassification of the Argentina DPS of the broad-snouted 
caiman from endangered to threatened.
    (1) Comment: One peer reviewer disagreed with our statement that an 
adult caiman's primary food is fish. The reviewer stated that 
``although there is ontogenetic variation, all sizes of broad-snouted 
caiman are generalistic feeders (Borteiro et al. 2009). This 
characteristic contributes to the species being a successful colonizer 
of a wide variety of habitats.''
    Our Response: The Service has reviewed the referenced material, and 
we have incorporated this change.
    (2) Comment: One peer reviewer corrected our statement that 
``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.'' The reviewer stated that 
``It should read: `is also widely distributed in central and eastern 
Uruguay.' ''
    Our Response: We have revised the statement to incorporate this 
change.
    (3) Comment: One peer reviewer stated that Uruguay had local 
regulations prohibiting the poaching of the species and that local take 
was insignificant and referenced Bortiero et al. 2006.
    Our Response: The Service has reviewed the referenced material, and 
we have incorporated this into our final rule.

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 as endangered under the ESA (see 
additional discussion in CITES section.). 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.
    Because the petition from the Government of Argentina was for 
reclassification of the Argentine population only, the Service had to 
first consider whether the population of

[[Page 38163]]

Argentina qualified as a distinct vertebrate population segment (DPS) 
under the ESA. (see discussion in Distinct Population Segment section). 
We then evaluated the entire species to determine if a change in status 
under the ESA is warranted based on any new information since the 
species was listed under the ESA. The DPS policy requires the Service 
to determine whether or not a vertebrate population is discrete and 
significant and to determine the population segment's conservation 
status in relation to the ESA'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.
    On January 5, 2012, we published a proposed rule in the Federal 
Register (77 FR 666), stating that the petitioned action to reclassify 
the Argentina DPS of the broad-snouted caiman from endangered to 
threatened was warranted. In the proposed rule, we proposed to 
establish two distinct population segments (DPSs) of the broad-snouted 
caiman (Caiman latirostris): a DPS in Argentina and a DPS encompassing 
Bolivia, Brazil, Paraguay, and Uruguay. The second DPS will remain 
listed as endangered under the ESA. Within the proposed rule, we sought 
comments on the petitioned action, as well as information on the status 
of the species, particularly in Argentina. The comment period closed on 
March 5, 2012. During the comment period, we received additional 
scientific literature from peer reviewers as well as from the 
International Union for Conservation of Nature (IUCN) Crocodile 
Specialist Group (CSG), which provided information on the conservation 
status of the species in Argentina. The comments and new information 
have been considered and incorporated into this final rule to 
reclassify the Argentine population of the broad-snouted caiman.

Background

    The primary purpose of the ESA is to prevent animal and plant 
species' endangerment and extinction. The ESA requires the Service to 
identify species that meet the ESA'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 ESA. When that protection is no longer needed, we 
take steps to remove (delist) the species from the ESA. 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 ESA 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 final rule corrects 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 final rule corrects 
the ``Historic Range'' entry to include Bolivia. In addition, we are 
correcting 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 ESA 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 
endangered or threatened 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. Our completion of the status review in making our 12-month 
finding that the petitioned action to reclassify the Argentina DPS of 
the broad-snouted caiman from endangered to threatened was warranted 
(See 77 FR 666, the January 5, 2012 Federal Register notice of proposed 
rulemaking) constituted 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 parts of 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, 7 percent 
is in Paraguay, and 3 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

[[Page 38164]]

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 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 nest'' out of vegetation, and 
it deposits its eggs in the center of the mound. Another characteristic 
of this species is that it exhibits communal nesting (several females 
lay 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 
between December and February (Verdade 1998, pp. 18-19). Young caiman 
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 (Micucci and Waller 1995, pp. 81-112). 
Adults are opportunistic predators whose prey increases in size in 
relation to their growth (Borteiro 2009, pp. 34-35).
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 and 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 from Appendix I 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 now allowed (subject to several 
restrictions) for specimens, parts, and products originating in 
Argentina. With respect to the ESA, the broad-snouted caiman is 
presently listed as endangered in its entirety under the ESA (41 FR 
24062; June 14, 1976), and importation into the United States of 
endangered species is prohibited under the ESA with certain exceptions. 
IUCN classifies this species as ``least concern'' (https://www.iucnredlist.org, accessed August 29, 2012). However, IUCN rankings 
do not confer any actual protection or management.

Status in Range Countries and Population Estimates

    Actual numbers of the species have been difficult to document in 
part because broad-snouted caiman habitat tends to be heavily vegetated 
and is difficult to access by humans. 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

[[Page 38165]]

estimate of between 250,000 and 500,000 individuals (https://www.flmnh.ufl.edu/cnhc/csp_clat.htm, accessed May 10, 2013 and 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 (Pacheco 1996, p. 
44; Bayliss 1987, p. 158; Graham 1988, p. 74; Magnusson 1980, pp. 393-
394). 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, pp. 34-35). These estimates were based on ``production 
estimates'' (such as numbers of eggs collected from the wild 
specifically in connection with the ranching programs), which are 
described by the CSG as having wide variances and largely unknown 
accuracy (Jenkins et al. 2006, pp. 34-35). 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 regarding 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 that field data 
be collected to verify this assertion, some of which has been collected 
over the past few years. Although not many caiman populations have been 
monitored in the wild, there has been some monitoring in Argentina 
since the 1990s. In 2010, Larriera and Siroski reported on population 
trends of caiman monitored in the Santa Fe Province of Argentina since 
the 1990s. This monitoring indicated that average densities increased 
from 2 to 8 caiman per kilometer (km) to between 20 to 120 caiman per 
km. In other areas of Argentina, recent densities of broad-snouted 
caiman ranged between 5 and 238 caiman per km, and almost 70 sites were 
surveyed.
    Below is the best available information regarding the status of the 
species in each country.

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 caiman 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.).
    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 choices of 
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 discussion under 
Factors B and D below). Because of this program, a significant increase 
in egg production, collection, and reproductive success has occurred in 
the wild. Over 30,000 hatchlings from eggs collected have been released 
into the wild since the program began (Larriera et al 2008, p. 143). 
Surveys conducted between 1991 and 1992 in the Iber[aacute] Reserve 
indicated an average density of 12.2 individuals per km (Pi[ntilde]a et 
al. 2009, p. 4). Surveys conducted during the 1999-2000 season in the 
Iber[aacute] Reserve indicated that in the Corrientes Province the 
density had increased to 32.4 individuals per km (Waller 2003 in 
Pi[ntilde]a et al. 2010, p. 4). When the program began in the Santa Fe 
Province, night counts within the project area found less than 1 caiman 
per km, but it increased 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 during some years, but the populations 
are able to rebound in wetter years. Most crocodilians and prey species 
suffer short-term declines during these conditions but readily respond 
to wetter conditions. Despite the decrease in reproduction during the 
period of drought, overall, egg harvest increased 750 percent between 
1992 and 2007 (Larriera 2008c, p. 330). After 2001, the number of eggs 
harvested continued to steadily increase (Larriera et al 2008c, p. 
332). This increase in egg production was attributed in part to caiman 
being released through this program that had reached sexual maturity, 
and partly due to the increased survival rate of juveniles (Larriera 
2008c, p. 330). Because the mortality rate of caiman in the wild is so 
high between the embryonic stage up to a few month of age, the process 
of removing the eggs from the wild and rearing the caiman in an 
environment where they are free from predation increases their survival

[[Page 38166]]

rate significantly. Additional densities recorded within its range are 
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 km.......  Pi[ntilde]a et al.
                                                                                           (2008).
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 per        Pi[ntilde]a et al.
                                                                  lagoon.                  (2008).
Argentina/Sante Fe..................    2007-2008           Not  4 per km*..............  Larriera et al.
                                                      available                            (2008).
Argentina/Santa Fe..................         2002             7  6 to 200 per km........  Larriera and Imhoff
                                                                                           (2004).
Bolivia/Pilcomayo River Basin,               1998             6  3 to 58 per km.........  Llobet-Querejazu
 Tarija.                                                                                   (1998).
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 River       2006-2007            64  Presence in 44 percent   Filogonio et al.
 Basin.                                                           of areas surveyed.       (2009).
----------------------------------------------------------------------------------------------------------------
* Recent caiman counts suggest that populations declined somewhat during 2002-2003 and 2007-2008 (Larriera et
  al. 2008; Micucci et al. 2007). This has been attributed to cyclic drought conditions during the early 2000s
  (Larriera et al. 2008; Micucci et al. 2007).

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 3 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, and the remaining 12 water bodies 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 exhibit preferences for inhabiting 
temporary shallow water bodies that have abundant vegetation cover. The 
population of broad-snouted caiman for the sub-basin of Pilcomayo River 
was extrapolated on the basis of 135 observed individuals (Aparcio and 
Rios 2008, p. 108).
    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). 
These researchers indicated that this high level of young may indicate 
that the population is increasing. 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 
considered to be uninhabited by them. This species 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 44 percent of 64 areas surveyed) throughout the 
S[atilde]o Francisco River basin, its primary habitat (Filogonio et al. 
2009, p. 961). 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

[[Page 38167]]

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.
    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 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 on its population.

Paraguay

    No recent survey data are available for Paraguay. However, 
according to Imhof (unpublished 2006), approximately 7 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 was little 
information available regarding this species' population numbers in 
Uruguay until recently. 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 suggestion 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 eastern 
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 Argentine 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 (Achaval 1977; Orejas-Miranda 1969; Talice 1971; Vaz-Ferreira 
1971; Vaz-Ferreira 1956); however, no discussion of survey data and 
methods was made to support these conclusions (Borteiro et al. 2008, p. 
247). Although there has been documented take of this species by local 
citizens for subsistence, research suggests this practice is not common 
and is therefore considered to be an insignificant factor affecting the 
species (Borteiro, et al. 2006, p. 108). Additionally, there has been 
some indication that at the local level, the poaching of the broad-
snouted caiman is prohibited (Borteiro, et al. 2006, p. 108). However, 
information regarding enforcement is lacking (see Bolivia, Brazil, 
Paraguay, Uruguay DPS (Northern DPS) discussion). 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 subadults.
    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, suggest 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.
    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 
follows (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

[[Page 38168]]

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 ESA. Section 3(16) of 
the ESA defines ``species'' to include ``any subspecies of fish or 
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 ESA. 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 ESA, 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 ESA.
    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 
Endangered Species 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:
    (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 
ESA'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 DPS 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 
ESA--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 ESA'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 ESA. For each of the 
potential DPSs, we analyze, using the best scientific and commercial 
data available and taking into consideration the conservation efforts 
of foreign nations, whether the five listing factors, individually or 
collectively, under section 4(a)(1) of the Act impact the population 
segment such that it meets the definitions of a threatened or 
endangered species or qualifies for removal from the Federal Lists of 
Endangered and Threatened Wildlife.
    The broad-snouted caiman has a continuous range from Argentina to 
Bolivia, Brazil, Paraguay, and Uruguay (see https://www.regulations.gov, 
Appendix A in Docket No. FWS-R9-ES-2010-0089). 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 the DPS Policy because the species' 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. 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

[[Page 38169]]

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 DPS's of the broad-snouted caiman still meet the definition 
of endangered, whether either or both 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 ESA 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 connects 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. 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. 
Therefore, 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 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 ESA.

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. Due to its improved status in the wild, 
it 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 of CITES 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). However, 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 discussion). 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 discussion below).
    This species is also protected through national 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 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

[[Page 38170]]

analysis below. 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).

Bolivia, Brazil, Paraguay, Uruguay

    Within each of these countries, there a wide variability in the 
amount of information available about the species and its management 
and monitoring (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 has submitted proposals to 
change the status of this species under CITES to the less restrictive 
Appendix II listing (https://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, 
and the status and management of wild populations, in the range 
countries outside of Argentina.
    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, or there is no population 
trend or monitoring data about the species to indicate the status of 
the species in these countries is improving. We found little to no 
information about the status of the species in these countries. This 
was supported by the most recent report on the status of the species 
prepared by the IUCN's Crocodile Specialist Group (Verdade et al. 2010, 
pp. 18-19). The best available information indicates that this species 
in these countries is still subject to unmitigated pressures such as 
destruction of habitat due to human encroachment, construction of dams, 
conversion of habitat to agriculture, and, in some cases, illegal 
hunting. Conservation actions for this species may not be a priority in 
these other range countries, and these countries may be facing economic 
issues, high levels of poverty, hunting pressure, and conversion of 
caiman habitat to other uses. The lack of funding and personnel often 
makes enforcement of their legal frameworks challenging. As a result of 
differences in exploitation, management, habitat conservation status, 
or regulatory mechanisms, the broad-snouted caiman in Bolivia, Brazil, 
Paraguay, and Uruguay remains in CITES' Appendix I. Based on these 
differences in the control and management of habitat and exploitation 
as delineated by international boundaries, we consider the population 
in Bolivia, Brazil, Paraguay, and Uruguay to be a separate discrete 
population.

Conclusion on Discreteness

    We have determined, based on the best available information, that 
the population of broad-snouted caiman in Argentina is discrete from 
the population in Bolivia, Brazil, Paraguay, and Uruguay due to the 
significant difference in the control of exploitation, management of 
habitat, conservation status, and regulatory mechanisms between 
international boundaries. We conclude that these two populations--(1) 
the population in Argentina and (2), the population in Bolivia, Brazil, 
Paraguay, and Uruguay--of the broad-snouted caiman meet the 
requirements of our DPS Policy for discreteness.

Significance

    If a distinct population segment is considered discrete under one 
or more of the conditions described in the DPS policy, its biological 
and ecological significance will be considered in light of 
Congressional guidance (see Senate Report 151, 96th Congress, 1st 
Session). In making this determination, we consider available 
scientific evidence of each discrete population segment's importance to 
the taxon to which it belongs. As precise circumstances vary 
considerably from case to case, the DPS policy does not describe all 
ways that might be used in determining the biological and ecological 
importance of a discrete population. However, the DPS policy describes 
four possible scenarios that provide evidence of a population segment's 
biological and ecological importance to the taxon to which it belongs 
(see additional discussion above under Distinct Population Segment 
Analysis).
    A population segment needs to satisfy only one of these conditions 
to be considered significant. Furthermore, other information may be 
used as appropriate to provide evidence for significance. Having 
determined that the population of broad-snouted caiman in Argentina is 
discrete from the population in Bolivia, Brazil, Paraguay, and Uruguay, 
we then determine the significance of these two discrete populations to 
the taxon. We evaluate the biological and ecological significance based 
on the available scientific evidence of each population segment's 
importance to the taxon to which it belongs. A population's biological 
significance is evaluated based on the principles of conservation 
biology using the concepts of redundancy, resiliency, and 
representation (see Redford et al. 2011 for additional information on 
these concepts). These concepts also can be expressed in terms of four 
viability characteristics: Abundance, spatial distribution, 
productivity, and diversity of the species.

Persistence in a Unique Ecological Setting

    The broad-snouted caiman is a wide-ranging species that occurs 
primarily in freshwater environments such as lakes, swamps, and slow-
moving rivers. Its habitat in Argentina is typical of the species' 
habitat throughout its range (including Bolivia, Brazil, Paraguay, and 
Uruguay). We do not have any evidence to indicate that the Argentine 
population of the broad-snouted caiman occurs in habitat that includes 
unique features not used by the taxon elsewhere in its range. 
Therefore, we conclude that neither the discrete population of broad-
snouted caiman in Argentina nor the discrete population in Bolivia, 
Brazil, Paraguay, and Uruguay is ``significant'' as a result of 
persistence in a unique or unusual ecological setting.

Differences in Genetic Characteristics

    No data have been located that indicate that the Argentine 
population and the population in the remaining range countries are each 
significant based on genetics (Villela et al. 2008, pp. 628-635). Our 
knowledge across the range countries is sparse with respect to genetic 
diversity of the broad-snouted caiman. However, a 2008 study indicates 
that genetic flux (genetic flow between members of a species) occurs; 
the species remains fairly connected through the major waterways within 
its range. River channels are important routes to crocodilian 
dispersal. The Paraguay River joins Brazil, Bolivia, Paraguay, and 
Argentina, and the populations of this species are connected in part 
through this river. The populations of this species are also connected 
between Uruguay and Argentina via the Uruguay River, which is the 
border between these two countries.
    Additionally, a 2006-2007 survey in Brazil found that C. 
latirostris is widely distributed throughout the S[atilde]o Francisco 
River basin, and its distribution pattern indicates that the 
populations within the river basin are not fragmented (Filogonio et al. 
2010, p. 964). The genetic variations of broad-snouted caiman were 
found to be

[[Page 38171]]

closely related to patterns of these river basins, and indicated that 
there was no significant correlation between genetic variation and 
genetic distance (Villela et al. 2008, p. 6). This species is not only 
a mobile species but is also flexible in its habitat preferences. The 
river basins within its range appear to be sufficiently connected, 
despite any habitat modifications. There is no other information 
available that indicates there are significant differences in the 
populations. Based on the best available information, we have 
determined that the Argentine population of the broad-snouted caiman 
does not have any genetic characteristics that are markedly different 
from the population in Bolivia, Brazil, Paraguay, and Uruguay.

Gap in the Taxon's Range

    The loss of a DPS could result in a significant gap in the range of 
a taxon, indicating that a population segment represents a significant 
resource warranting conservation under the ESA (61 FR 4724). The Ninth 
Circuit Court stated ``[t]he plain language of the second significance 
factor does not limit how a gap could be important'' (National 
Association of Home Builders v. Norton, 340 F.3d 835, 846 (9th Cir. 
2003)). Thus, we consider ways in which the loss of each discrete 
population of the broad-snouted caiman might result in a significant 
gap in the range of species. Its range is estimated as follows: 28 
percent in Argentina, and 72 percent in the remainder of its range (4 
percent in Bolivia, 58 percent in Brazil, 8 percent in Paraguay, and 2 
percent in Uruguay) (Larriera pers. comm. 2011).

Argentina

    We considered whether the loss of the Argentine DPS would 
constitute a significant gap in the range of the species. In 2006, the 
population of broad-snouted caiman in Argentina was estimated to be 13 
percent of the potential global population. The species is distributed 
in nine provinces in the northern part of Argentina. It is increasing 
its range within Argentina, moving into habitat where it had not been 
seen since the caiman ranching program began. It has been observed in a 
variety of habitats and waterways including rivers near waterfalls, 
freshwater creeks with rocky bottoms, and in agricultural and cattle 
impoundments.
    In Argentina, human impact on the species has been reduced since 
1990 through educational programs and incentives, which have served to 
minimize habitat loss. The caiman ranching program (see discussion 
under Factor A below) has resulted in improvements in the quality of 
the species' habitat (such as the decrease in draining of wetlands), 
thereby increasing the range and population size of the species. Its 
rate of survival in Argentina far surpasses the normal survival rate of 
this species in the remainder of its range due to the ranching program 
(described below). Reports indicate that the Argentine population of 
this species is increasing. The captive-held stock reported in 2010 was 
39,624 (Larriera et al. 2010, p. 1), and the density of caiman surveyed 
in the wild has increased substantially (Pi[ntilde]a et al. 2009, pp. 
1-5) since surveying began in 1990--in 2010, 7,768 hatchlings were 
produced.
    Argentina is the only range country for the broad-snouted caiman 
that actively manages and conserves the species and its habitat. This 
is accomplished by harvesting eggs, hatching the young, raising them to 
an age where they are more able to escape predators and other threats, 
and returning between 5 and 10 percent of those hatchlings to the wild 
(Verdade et al. 2010, p. 20). Each nest in the wild can contain between 
18-50 eggs, and in cases where multiple caiman share a nest, up to 129 
eggs have been found in one nest (Larriera 2002). Due to their method 
of reproducing, the nests are vulnerable to predation, and up to 95 
percent mortality can occur, even before hatching (Hutton 1984 in 
Larriera et al. 2008, p. 154). This method of reproduction also lends 
itself to easy egg collection. When the eggs are removed from the wild, 
incubated, and the juveniles are allowed to grow in a captive 
environment where they are safe from predators, it greatly improves 
their chances of survival.
    Experts indicate that returning at least 5 percent of the 
hatchlings to the wild increases the species' survivability, as it 
mitigates for the high incidence of mortality that occurs in the wild 
even prior to hatching (Bolton 1989, Ch. 4, p. 1). Most caiman 
mortalities occur either before hatching or during the first few months 
after hatching due to factors such as flooding or nest predation 
(Bolton 1989, Ch. 4, p. 1). The release of these caiman at a later age 
significantly increases their chances of survival, primarily due to the 
hatchlings' increased ability to escape predators and their ability to 
survive other factors such as nest flooding, fire ants, and exposure to 
pesticides. Because Argentina releases hatchlings into the wild after 
an age they are most susceptible to predators and flooding events, the 
population has a greater chance of survival in the wild than broad-
snouted caiman hatchlings in the other range countries. This increase 
in survivability further distinguishes the Argentine population from 
rest of the species' range and greatly contributes to the resiliency 
(abundance, spatial distribution, and productivity) to the species as a 
whole.
    Argentina's wild caiman population is also well distributed; in 
Argentina the broad-snouted caiman reaches Entre Rios, Misiones, Salta, 
Santiago del Estero and Jujuy (Yanosky, 1990, 1992; Larriera, 1993; 
Waller and Micucci, 1993; Larriera and Imhof, 2000). Its extensive 
distribution within the country is attributed to the fact that it has 
more climatic tolerance than other caiman species (Waller and Micucci, 
1992). The Argentine population is considered abundant and increasing 
compared with the population in Bolivia, Brazil, Paraguay, and Uruguay. 
In Argentina, this species is moving into habitat where it had not been 
seen in many years, which increases the potential environmental 
variability within the range of the species. Argentina's broad-snouted 
caiman population helps contribute to the viability of the species 
overall, and it is providing a margin of safety for the species to 
withstand catastrophic events, strengthening the redundancy of the 
species. This expansion allows for adaptations in response to 
variations in the environment.
    The abundance of this species in Argentina contributes to the 
potential diversity of the species, particularly since Argentina 
constitutes the southernmost part of its range. Because it is at the 
edge of its range, this population may improve its adaptive 
capabilities, particularly if there is a significant gradient in 
temperature within the range of the species. Because the Argentine 
population is more robust than in the other range countries, the loss 
of the Argentine population would result in a significant gap in the 
range of the species, particularly because it is believed to consist of 
over a quarter (approximately 28 percent) of the species' range.
    Argentina's active management efforts affect the quality of the 
species' habitat, which subsequently contributes to the species' 
resiliency. Based on the increase in density as evidenced by the 
population counts, the significant increase of hatchlings reared in 
captivity and subsequently released, and the expansion in range, we 
find that the population of the broad-snouted caiman in Argentina 
significantly contributes to the resiliency of the species.

[[Page 38172]]

    We found that the success of the caiman ranching program has 
created a robust, healthy, sustainable, increasing population in 
Argentina. This distinguishes the Argentine population from rest of the 
species' range, where it is not being intensely monitored and managed 
to the point where it is self-sustaining. The factors in Argentina, 
including the increase in density and population counts; large numbers 
of caiman collected from the wild, reared in captivity, and 
subsequently released; and expansion in range, all contribute to the 
resiliency, representation, and redundancy of the species and its 
overall viability.
    Thus, the loss of the Argentine population would create a 
significant gap in the current range of the species. Based on this 
evaluation of this population's biological significance, we found that 
the broad-snouted caiman in Argentina is significant to the species as 
a whole. We, therefore, conclude that the population of broad-snouted 
caiman in Argentina is significant under the DPS policy because it 
contributes to the redundancy, resilience, and representation of the 
species such that the loss of this DPS would result in a significant 
gap in the range of this taxon.

Bolivia, Brazil, Paraguay, and Uruguay

    Because the species is widely distributed within these countries 
and these countries constitute approximately 72 percent of the species' 
range, the Bolivia, Brazil, Paraguay, and Uruguay population is 
significant under the DPS policy because it also contributes to the 
redundancy, resilience, and representation of the species such that the 
loss of this population would also result in a significant gap in the 
range of this taxon.

Conclusion on Significance

    We have determined, based on the best available information, that 
the population of broad-snouted caiman in Argentina is significant to 
the taxon and the population in Bolivia, Brazil, Paraguay, and Uruguay 
is also significant to the taxon because the loss of each discrete 
population segment would create a significant gap in the current range 
of the species. Based on this evaluation of each population segment's 
significance, we found that each is significant to the species as a 
whole.

Conclusion of DPS Analysis

    Under the DPS policy, once we have found that a population segment 
is discrete and significant, we then evaluate whether the potential DPS 
warrants endangered or threatened status under the ESA, considering the 
factors enumerated under section 4(a)(1) and the statutory definitions 
for an ``endangered species'' and ``threatened species.'' Based on our 
evaluation under the DPS Policy, we have established two distinct 
population segments of the broad-snouted caiman. The first is the 
population in Argentina, and the second is the population in the 
remainder of its range: Bolivia, Brazil, Paraguay, and Uruguay. We will 
refer to this second population as the ``Northern DPS.'' On the basis 
of the best available information, we conclude that each of these two 
population segments meets the requirements of our DPS Policy for 
discreteness and significance. These two DPS's are each discrete due to 
the significant differences in the management of habitat, conservation 
status, exploitation, and regulatory mechanisms between the 
international boundaries of Argentina and the species in the rest of 
its range: Bolivia, Brazil, Paraguay, and Uruguay. These two discrete 
population segments are clearly defined by international governmental 
boundaries and these other differences.
    The robustness of the population in Argentina significantly 
contributes to the biological and ecological health and viability of 
the species as a whole. Argentina is the only country actively managing 
the broad-snouted caiman. It also is the only country actively working 
with local people to create financial incentives to protect the broad-
snouted caiman and its habitat. Argentina's implementation of its 
ranching program increases the species' survivability success, which 
further distinguishes the Argentine population from the rest of the 
species' range. The species was reclassified to Appendix II in 
Argentina, allowing for commercial trade in accordance with the 
provisions of CITES. Due to Argentina's intense management of this 
species, the survivability rate of the Argentine population is far 
higher than in the other countries within this species' range. This 
difference is further supported by the fact that broad-snouted caiman 
in Bolivia, Brazil, Paraguay, and Uruguay remains listed in Appendix I 
of CITES. Appendix I includes species threatened with extinction which 
are or may be affected by trade, while the population in Argentina no 
longer meets the criteria for an Appendix I listing.
    In summary, we find that these two population segments meet our DPS 
policy for significance because the loss of either population would 
result in a significant gap in the range of the taxon. Based on our 
analysis, we find that these two populations meet the criteria for 
discreteness and significance under the DPS Policy due to (a) 
differences in management delineated by international boundaries, and 
(b) a loss of either population segment (28 percent of its range in 
Argentina and 72 percent of its range in Bolivia, Brazil, Paraguay, and 
Uruguay) would result in a significant gap in the range of the taxon.

Evaluation of Factors Affecting the Species

    Section 4(b) of the ESA and regulations promulgated to implement 
the listing provisions of the ESA (50 CFR part 424) set forth the 
procedures for listing, reclassifying, or removing species from listed 
status. We may determine a species to be an endangered or threatened 
species because of one or more of the five factors described in section 
4(a)(1) of the ESA; we must consider these same five factors in 
removing species from listed status. Revisions to the list (adding, 
removing, or reclassifying a species) must reflect determinations made 
in accordance with these same five factors and the ESA's definitions 
for endangered and threatened species. Section 4(b) requires the 
determination of whether a species is endangered or threatened to be 
based on the best available science. We are to make this determination 
after conducting a review of the status of the species and taking into 
account any efforts being made by foreign governments to protect the 
species.
    For species that are already listed as endangered or threatened, 
this analysis of threats is an evaluation of both the threats currently 
facing the species and the threats that are reasonably likely to affect 
the species in the foreseeable future following the delisting or 
downlisting and the removal or reduction of the ESA's protections. 
Under section 3 of the ESA, a species is ``endangered'' if it is in 
danger of extinction throughout all or a significant portion of its 
range and is ``threatened'' if it is likely to become an endangered 
species within the foreseeable future throughout all or a significant 
portion of its range. The word ``species'' also includes any subspecies 
or, for vertebrates, distinct population segments.
    Following is a range wide threats analysis in which we evaluate 
whether the broad-snouted caiman is endangered or threatened in the 
Argentine DPS and in the DPS which consists of Bolivia, Brazil, 
Paraguay, and Uruguay, which we will refer to as the Northern DPS.

[[Page 38173]]

Factor A. The Present or Threatened Destruction, Modification, or 
Curtailment of Its Habitat or Range
    Habitat destruction and modification has increased throughout the 
species' range and is now likely the greatest factor affecting the 
survival of the broad-snouted caiman (Verdade et al. 2010, pp. 18-19). 
The overharvest for commercial purposes, rather than habitat 
destruction or modification, was the primary reason for the broad-
snouted caiman's inclusion in CITES and subsequently being listed under 
the ESA. The analysis of the five factors under the ESA requires an 
investigation of both current and future potential factors that may 
impact the species, including the present or threatened destruction, 
modification, or curtailment of its habitat or range. We found that 
data on habitat destruction were generally presented separately for 
each individual country. Therefore, the following analysis of the 
potential threats to the species from habitat destruction or 
modification generally first presents the specific information 
available for broad-snouted caiman in each country, and then summarizes 
the information that is available for the two DPSs.

Argentine DPS

    Since the early 1800s, Argentina's economy greatly depended on 
cattle grazing; however, over the past 10 years, Argentina has 
undergone significant changes in land use. With respect to habitat 
modification, some changes have positive effects and some have negative 
effects. Although this species has been shown to occupy disturbed 
habitat, much of the species' original range in Argentina has been 
altered, and significant alteration is expected to occur in the future 
due to the conversion of cattle pastures to monocultures such as soy, 
which is generally not desirable habitat for the species. In some areas 
in Argentina, habitat destruction has significantly increased in recent 
years (Verdade et al. 2010, p. 19). Argentina has lost substantial 
forested areas, and conversion of caiman habitat to other uses is 
likely to further affect the broad-snouted caiman's habitat in 
Argentina. In some cases, habitat modification actually has positive 
effects on the caiman (such as the creation of water impoundments, for 
example). Landowners commonly channelize wetlands to increase grazing 
land for cattle; however, it is unclear whether this has an overall 
positive or negative effect on the species. The practice of drying 
swamps (potential caiman habitat) through channeling occurs in its 
habitat, particularly for producing soybeans, but alternatively, the 
formation of water impoundments may have positive effects (Larriera et 
al. 2008, p. 152).
    The world market for soy is causing the conversion of pastures to 
soy monocultures. Soy is now Argentina's main export crop, and 
Argentina is the world's third largest producer of this commodity 
(USDA, Foreign Agricultural Service (FAS) 2010a, p. 11). Argentina's 
shift toward soy has displaced cultivation of many grains and 
vegetables as well as beef production. Many established cattle ranches 
are being sold to soy investors. For example, in Salta Province, 
potential conversion to soy cropland in Northern Argentina may exceed 
over one million hectares (USDA FAS 2010b, p. 1). Soy now covers 
approximately 16.6 million hectares, more than half the country's 
cultivated land (USDA FAS 2010b, p. 10). The large scale production of 
soy requires the application of fertilizers and pesticides. Cattle feed 
primarily on established introduced grasses but native grasslands also 
persist in pastures, especially along wetland edges, which benefits 
caiman and its habitat. As a result of this change in habitat use from 
traditional cattle grazing to primarily soy production in many areas, 
significant changes in the habitat and landscape occur which affect 
caiman to the point that its former habitat is no longer suitable.
    Adding to this problem of habitat conversion is that Argentina's 
management of its resources is decentralized. Provincial and municipal 
governments have autonomy, property rights are respected, and federal 
authority is relatively limited. This is particularly evident in 
control over property with respect to the conservation of natural 
resources, land use, and protection of the environment. In this 
decentralized system, there is very little comprehensive land use 
planning at all levels of government. Regulatory mechanisms that exist 
at the national and provincial levels are seldom coordinated and are 
sometimes contradictory and inefficient.
    Although habitat conversion is currently impacting the species, 
suitable broad-snouted caiman appears to exist, and the species is 
expanding into new sites, in part due to intense management of this 
species through Argentina's caiman ranching programs. For example, as 
of 2004, surveys indicated that the broad-snouted caiman population in 
Santa Fe Province increased 320 percent since the project began 
(Larriera and Imhof 2006). Observed wild population densities increased 
from an average of between 2 and 8 individuals per km in 1990, to 
between 20 and 120 individuals per km during the 2008-2009 survey 
period (Larriera and Siroski 2010, p. 2). The distribution of the wild 
population has expanded into areas from which the species had formerly 
disappeared (Larriera et al. 2005).
    Increases have been observed in the relative abundance of the 
species in Argentina due in part to active management programs (see 
Factor D discussion). These caiman conservation and public awareness 
programs have resulted in less habitat alteration (e.g., burned grass) 
and less drained marshland for cattle production in the nesting areas 
(Larriera and Imhof 2006). While these programs are helping, increases 
in habitat conversion to agriculture, roads and transportation, and 
infrastructure to transport crops such as soy continue (USDA FAS 2010b, 
p. 2). Without additional incentives and intervention, suitable habitat 
for this species will decrease. Although it is mitigated by provincial 
governments through the caiman ranching program, habitat destruction 
and modification in Argentina are likely to continue in the foreseeable 
future. Despite the intense management of this species in Argentina, we 
conclude that the present or threatened destruction, modification, or 
curtailment of its habitat or range continues to be a factor affecting 
the broad-snouted caiman.

Summary of Factor A for the Argentine DPS

    In most of the range of this species, the habitat threats are very 
similar; however, a country's management actions (refer to Factor D 
discussion) affect the status of the species. In Argentina, habitat 
conversion to agriculture continues to cause habitat degradation within 
the broad-snouted caiman range, although this is being mitigated 
through the caiman ranching program. Habitat conversion is expected to 
increase and further degrade this species' habitat. The population 
numbers in the wild have significantly increased since this species was 
listed. Data collected on the distribution and abundance of the species 
indicate that the species' range has expanded, and overall population 
numbers appear to be increasing (Larriera and Imhof 2006). As of 2004, 
surveys indicate that the broad-snouted caiman population in Santa Fe 
Province, Argentina, increased 320 percent since the project began 
(Larriera and Imhof 2006). Observed wild population densities here 
increased from an average of 2 to 8 individuals per

[[Page 38174]]

km in 1990, to 20 to 120 individuals per km in 2008-2009 (Larriera and 
Siroski 2010; p. 2). The distribution of the wild population has also 
expanded into areas from which the species had formerly disappeared 
(Larriera et al. 2005). However, the degradation and destruction of 
this species' habitat continues to occur in Argentina. Therefore, based 
on the best available information, we find that the population in 
Argentina continues to be threatened by the destruction, modification, 
or curtailment of its habitat now and in the future.

Bolivia, Brazil, Paraguay, Uruguay DPS (Northern DPS)

    In Bolivia, the broad-snouted caiman is at the edge of its range. 
Broad-snouted caiman have been found in the Pando Department in the 
Pilcomayo River area, a tributary of the Paraguay River, and in the 
Tarija department. Here, key threats, particularly in broad-snouted 
caiman habitat, include loss, conversion, and degradation of forests 
and other natural habitats and pollution of aquatic ecosystems (Byers 
et al. 2006, p. vi). Particular to this species, both agriculture and 
pollution have been indicated to be significant threats. In Bolivia, 
vast areas have been drained for agricultural purposes (also see the 
discussion under Factor E).
    During the 1980s and early 1990s, deforestation in lowland Bolivia 
exceeded 1,500 km\2\ (579 mi\2\) per year (Steininger et al. 2001, pp. 
856-866). Currently, about 300,000 ha (741,316 ac) of forest is lost 
each year for a variety of reasons, including expansion of agriculture 
due both to large-scale industrial agriculture and to small-scale 
development and cultivation; large-scale infrastructure projects 
(roads, dams, energy infrastructure); expanding coca production; forest 
fires; illegal logging; and climate change causing changes in 
geographical and altitudinal distribution of species and ecosystems 
(Byers et al. 2006, p. vi).
    Factors such as low land prices and economic policies promoting an 
export economy have led to a rapid increase in the growth of the 
private agricultural sector (Pacheco 1998). Both large-scale and small-
scale farmers contribute to the expansion of the agriculture and 
livestock frontier, and both thrive in the near absence of regulatory 
oversight and control (Byers et al. 2008, p. 22). In Bolivia, large 
tracts of land have been cleared particularly for sugarcane plantations 
and soybean production (Aide and Grau 2004, p. 1915; Pacheco 2004, pp. 
205-225). The highest abundance values of this species were recorded in 
``atajados'' (dikes) and artificial ponds. The deforestation to the 
north and east of Santa Cruz is primarily due to large-scale agro-
industry, whereas the areas of deforestation around Pando and Beni tend 
to be mainly a result of small-scale development and clearing. Large-
scale agriculture responds mainly to external market demands (e.g., 
biofuels, sugarcane, soy; principally from the United States, Brazil, 
and Argentina), while smaller farmers respond mainly to the domestic 
market.
    The government actively promotes the development of infrastructure 
projects in the Bolivian lowlands, in particular extensive road 
construction and improvement (Byers et al. 2008 p. 22). Road projects 
in northwest Bolivia are being considered, including paving of the 
``Northern Corridor,'' which is part of the Peru-Brazil-Bolivia hub of 
the Initiative for Integration of Regional Infrastructure in South 
America (IIRSA, https://www.iirsa.org).
    Contamination of water bodies due to sugar mills, which empty their 
waste into the Rio Grande (Aparicio and Rios 2008, p. 114), also 
occurs. Sugar mills are commonly known to produce high levels of air 
and solid waste pollutants as byproducts (U. S. Environmental 
Protection Agency [EPA] 1997, 26 pp). Waste water from sugar mills can 
rapidly deplete available oxygen in water creating an inhospitable 
environment for aquatic life and for species that depend on aquatic 
environments. Researchers believe that one population of broad-snouted 
caiman is probably not reproductively active due to water pollution 
(Aparicio and Rios 2008, p. 115). In the Bermejo River sub-basin in 
Tarija, Bolivia, there was an absence of nests and a low number of 
individuals recorded during nest counts. This particular area borders 
wetlands and estuaries in Argentina, where higher quality suitable 
habitat is available for the species (OSDE 2005b, p. 2) and is likely 
less polluted and disturbed by humans. Because the Bermejo River sub-
basin in Bolivia faces threats due to sugarcane plantations and 
contamination from sugar mill activities, it is not likely to sustain a 
healthy population of broad-snouted caiman.
    Although natural resource managers recognize the importance of 
wetlands (Byers et al. 2008, p. 14), economic considerations usually 
outweigh concerns regarding habitat loss and destruction in Bolivia. 
The activities described under this factor, such as agricultural 
production and expansion, sugar mill activities, roads, and other 
infrastructure development, affect broad-snouted caiman habitat. Its 
habitat is primarily being affected due to agriculture and pollution. 
Based on the above factors, we find that the present or threatened 
destruction, modification, or curtailment of its habitat or range 
continues to be a factor affecting this species in Bolivia.
    In Brazil, agriculture, pollution, and hydroelectric dams have been 
indicated to be significant factors affecting the species (Verdade et 
al. 2010, p. 1). In this country, vast areas have been drained for 
agricultural purposes. The effects from agricultural activities include 
destruction of nests and eggs by machinery and loss of access to 
traditional nesting or feeding sites) leading to habitat loss or 
fragmentation. Pollution has been a considerable problem in rivers that 
flow through Brazil's large cities. S[atilde]o Paulo, Brazil's largest 
city, is in the center of the species' range in Brazil. The species 
exists here in artificial reservoirs, ponds, marshes, and small 
wetlands. Construction of large hydroelectric dams (Verdade et al. 
2010, p. 19) to support Brazil's human population has been indicated to 
be one of the primary threats to broad-snouted caiman. Most of the 
natural wetlands of the Paran[aacute] and S[atilde]o Francisco River 
systems in Brazil have been dammed for these hydroelectric stations. 
Construction of dams can have severe impacts on ecosystems (McCartney 
et al. 2001, p. v). For example, a dam blocks the flow of sediment 
downstream. During construction of dams, disturbance to soils at the 
construction site is one of the largest concerns. This leads to 
downstream erosion and increased sediment buildup in a reservoir.
    Because the construction of the Jupifi and Ilha Solteira Dams in 
the 1970s caused the loss of a significant amount of floodplains of the 
Paran[aacute] River, a survey was conducted prior to construction of 
the Porto Primavera Dam (also known as the Engineer S[eacute]rgio Motta 
Dam). The Porto Primavera Dam is 28 km (17 mi) upstream from the 
confluence of the Paranapanema and Paran[aacute] Rivers. This dam 
created the Porto Primavera Reservoir and was filled in two stages: The 
first in December 1998, and the second in March 2001. The purpose of 
the survey in 1995 was to determine what species would be affected by 
the construction. The survey was done in the Paran[aacute] River basin 
between S[atilde]o Paulo and Mato Grosso do Sul states. The number of 
caiman nests found during the survey indicated that at least 630 
reproductive females were present at that time. The presence of so many 
nests suggested a large total population (Mour[atilde]o and Campos 
1995, pp. 27-29) in that area.

[[Page 38175]]

After the study was completed, a recommendation was made to create a 
reserve to protect habitat downstream of the dam; however, it is 
unclear whether a reserve was established as a result of the dam being 
constructed.
    With the construction of Porto Primavera Dam, the last floodplains 
of the Paran[aacute] River within the state of S[atilde]o Paulo 
disappeared, and with them, the wild animals dependent on wetlands for 
survival also disappeared. Lakes, swamps, and seasonally flooded areas 
contribute to hydrological ecosystem processes by retaining water and 
mitigating flooding. These wetlands and lakes are important ecosystem 
components and are particularly important to the broad-snouted caiman. 
When altered, they no longer are capable of supporting their unique 
assemblages of species and maintaining important ecological processes 
and functions upon which the caiman relies. Caiman use the S[atilde]o 
Francisco River main channel and its tributaries as dispersion routes; 
however, populations of individuals of all age and sizes occur mainly 
in lakes, ponds, or swamps. Studies on the impact of the construction 
of large hydroelectric stations and how they affect the density and 
reproduction of broad-snouted caiman populations were conducted using 
aerial surveys (Mour[atilde]o and Campos 1995, pp. 27-29). The surveys 
indicated major damage of the habitat due to these dams. An unusual 
finding with respect to caiman was that researchers found that the 
destruction of floating vegetation is particularly destructive. This is 
likely because floating vegetation is used by caiman for nest 
construction.
    In 2001, the government of Brazil launched a plan for the 
S[atilde]o Francisco River basin in order to minimize human impacts and 
implement restoration efforts (Andrade 2002 in Filogonio et al. 2010, 
p. 962). This was a huge undertaking involving federal and local 
governments, nongovernmental organizations (NGOs), universities, and 
the public. An initial report was issued in 2005 that indicated that 
progress had been made in terms of identifying these four issues to be 
addressed: (1) River basin and coastal zone environmental analysis; (2) 
public and stakeholder participation; (3) organizational structure 
development; and (4) watershed management program formulation. As of 
2005, the studies and projects had all been completed (https://www.oas.org/osde, accessed March 9, 2011). However, the implementation 
process was still underway as of 2011 (https://www.ana.gov.br/gefsf, 
accessed March 9, 2011).
    Caiman habitat is still severely degraded in Brazil. Broad-snouted 
caiman in the S[atilde]o Francisco River basin occur not only in 
preserved habitats but also in habitats altered by humans. This attests 
to the species' highly flexible nature. Researchers even found broad-
snouted caiman in sewage and urbanized areas, showing that the species 
is fairly resistant to human impacts and that habitat modification has 
varied effects on the species' distribution. The data indicated that 
habitat modification may be a variable in determining the small size of 
these natural populations, rather than affecting the species' 
distribution pattern, at least in Brazil (Filogonio et al. 2010, p. 
964). A 2006-2007 survey found that most of the surveyed sites 
presented some degree of human impact (Filogonio et al. 2010, p. 962). 
Habitat modification included: Conversion to pasture in 46 surveyed 
localities (72 percent), roads (25 localities; 39 percent), 
urbanization (23 localities; 36 percent) and monocultures (Filogonio et 
al. 2010, p. 962). Of the areas surveyed, broad-snouted caiman was 
present (positively identified as broad-snouted caiman rather than a 
different caiman species or unknown caiman species) in 39 localities 
surveyed (61 percent), and was widely distributed along the river 
basin. Its presence was detected in all lentic water body types, in the 
three biomes: Cerrado, Caatinga, and Atlantic Forest (Filogonio et al. 
2010, pp. 963-964). However, the researchers did not attempt to 
estimate population size. They observed a number of populations with 
low numbers of individuals, which were scattered throughout the survey 
sites. During 2006 and 2007 surveys, researchers found the presence of 
caiman species in only 17 municipalities in 64 locations along the 
S[atilde]o Francisco River basin in Brazil.
    The density data found in Brazil were similar to that found by 
Borteiro (2006, 2008), who also found broad-snouted caiman widespread 
in Uruguay, occurring in 29 of the 36 localities surveyed (81 percent 
of the sampled areas). Caiman in Brazil were observed in lotic 
(actively moving water) habitats, and considering that river channels 
are important routes to crocodilian dispersal, it is logical to predict 
not only physical movement of Caiman latirostris throughout its range, 
but also genetic flux within the river basin. The distribution pattern 
in Brazil indicates that the populations within the river basin are not 
fragmented, but seem to exist in low numbers. Despite this data, 
information regarding population trend data and the health of the 
species overall in Brazil is lacking. The construction of hydroelectric 
dams and associated habitat degradation such as pollution and 
environmental degradation is currently affecting broad-snouted caiman 
and its habitat. Pollution is a severe problem; caiman habitat overlaps 
S[atilde]o Paulo, Brazil's largest city, and the polluted rivers that 
flow through Brazil's large cities.
    Although a plan was initiated in 2001 to address issues associated 
with the construction of the dam in central caiman habitat, 10 years 
later, there is no evidence that caiman habitat has improved in Brazil, 
nor does it appear that caiman are a main concern of the plan. There is 
very little current information available regarding this species in 
Brazil. Based on the best available scientific and commercial 
information available, we find that the present or threatened 
destruction, modification, or curtailment of this species' habitat is a 
factor affecting the species.
    In Paraguay, no recent data are available specifically for this 
species. However, we do know that over the past 60 years, widespread 
and uncontrolled deforestation practices have continued throughout 
Paraguay, particularly in the eastern region (World Land Trust 2009, p. 
1). In 1945, 8.8 million ha (21,745,273 ac) of forest covered this 
region, but currently it is estimated that less than 1.6 million ha 
(3,953,686 ac) remain (Huerta 2011, p. 1). Most of Paraguay's tropical 
moist forests are in the eastern region of the country near the 
Paran[aacute] River. This river is 4,880 km (3,032 mi) in length and 
extends from the confluence of the Grande and Parana[iacute]ba rivers 
in southern Brazil. It runs through the Atlantic rainforest, also known 
as Mata Atl[acirc]ntica. The Atlantic Forest stretches from northeast 
Brazil along the Brazilian Atlantic coastline into Uruguay, inland into 
the northeast portion of Argentina and eastern Paraguay, and partially 
overlaps the range of the broad-snouted caiman. Imhof (unpubl. 2006) 
estimated that 7 percent of the species' range is in Paraguay. Within 
Paraguay, the Atlantic Forest has been under increasing pressure from 
development. In Paraguay, the Atlantic Forest is reduced to one large 
tract, San Rafael, and increasingly numerous scattered and fragmented 
small patches. More than half of the original area of the Atlantic 
rainforests had been degraded by the turn of the last century, and more 
recently only one percent was found to be still in its original state 
(Wilson 1988, in Rivas et al. 1999, chapter 5). Conservative estimates 
have placed the

[[Page 38176]]

remaining forest cover in Paraguay at approximately 6 percent of its 
original cover (IUCN 1988a). Factors affecting this remaining forest 
cover include fragmentation and acceleration of large-scale agriculture 
and ranching projects, commercial logging, and the construction of 
hydroelectric dams such as the Itaipu hydroelectric dam on the borders 
of Paraguay and Brazil (Rivas et al. 1999, ch. 5).
    Habitat destruction has increased throughout the species' range in 
Paraguay, and is believed to be one of the greatest factors affecting 
its survival in Paraguay (Verdade 1998, pp. 18-19). Approximately 98 
percent of Paraguay's population lives in Paraguay's eastern region, 
with a population density of 18.6 per km\2\, compared with 0.2 per 
km\2\ in the western (Chaco) region. A contributing factor is that in 
the eastern region, the soil is more suitable for cultivating crops; 
therefore, cattle production, forestry products, and agricultural crops 
are widespread in the range of this species in Paraguay. Paraguay's 
main agricultural exports are soybeans and cotton (Harcourt and Sayer 
1996; USDA FAS 2010, p. 2). Although overharvest of caiman for 
commercial purposes was the primary reason for this species being 
listed under the ESA, rather than habitat destruction or modification, 
factors affecting the species have changed. Now, the largest threat 
appears to be habitat destruction or modification due to agriculture 
and development of urban infrastructure, which still occur to a large 
extent in Paraguay, particularly within the range of broad-snouted 
caiman. Paraguay implemented a Zero Deforestation Law as of 2004; 
however prior to that law, its rate of deforestation was the second 
highest in the world (WWF 2006, p. 1). Despite the enactment of this 
law, the best available information indicates that this habitat 
destruction and modification still significantly affect this species. 
We have no indication that conditions have improved in Paraguay since 
this species was listed under the ESA; rather, habitat loss has 
increased. Therefore, we find that the present and threatened 
destruction, modification, or curtailment of its habitat in Paraguay 
continues to be a factor affecting broad-snouted caiman.
    In Uruguay, very little information has been collected about how 
habitat degradation affects the broad-snouted caiman. Based on 
available information, current factors affecting the species' habitat 
in Uruguay are likely due to agriculture and cattle ranching, which 
occur within this species' range. Cattle and sheep farming in Uruguay 
occur in 60 percent of Uruguay's land (Food and Agriculture 
Organization of the United Nations [FAO], p. 4). Other agricultural 
activities, such as fodder for cattle and crops such as rice, consist 
of approximately 20 percent. Secondary, related effects related to 
agriculture are habitat degradation and pollution due to pesticide use, 
erosion, and altered ecosystems. Surveys conducted in the early 2000s 
indicate that caiman exist in manmade habitats in northwestern Uruguay. 
However, the current amount of suitable habitat for this species in 
Uruguay is unknown. Researchers suggest that the apparent increase in 
this species' population (discussed by Borteiro et al.) may be due to 
the construction of agriculture impoundments, which provide habitat for 
broad-snouted caiman (Borteiro et al. 2008, p. 248). In the area 
surveyed to determine caiman presence and abundance, impoundments were 
being used mainly for irrigation of rice (69 percent) and sugar cane 
crops (31 percent) in the [Ntilde]aqui[ntilde][aacute] stream basin. In 
the Lenguazo stream basin, 80 percent was used for irrigation of sugar 
cane and 20 percent was used for other food crops.
    Two other factors that likely affect caiman habitat here are 
drought and hydroelectric dams (United Nations Environment Programme 
[UNEP] 2004, pp. 78-85; Borteiro et al. 2008, p. 248; Verdade et al. 
2010, p. 20). Uruguay has experienced severe drought in the past few 
years (IPS NEWS 2011), which has had a significant effect on 
agriculture and cattle production, and this likely also affects caiman 
habitat. The construction and existence of hydroelectric dams to 
generate electricity may be an additional factor affecting the broad-
snouted caiman (UNEP 2004, pp. 78-85). Uruguay is highly dependent on 
hydroelectricity, and these hydroelectric dams are within broad-snouted 
caiman habitat. Although we know these activities occur within the 
range of the broad-snouted caiman in Uruguay, there is very little 
information regarding the status of the species in Uruguay. We have no 
evidence that there has been any change to the status of the species in 
Uruguay. We do not know population trends of this species in Uruguay, 
and agricultural activities, drought, and hydroelectric dams affect 
this species' habitat. There is no information to indicate that habitat 
modification or destruction has decreased such that the population 
trend is stable or increasing. Researchers here recommend surveys of 
broad-snouted caiman at a larger scale in northern Uruguay to assess 
the usage of manmade habitats by caiman in order to apply this 
knowledge to caiman conservation and management strategies. Given the 
lack of evidence that indicates that Uruguay's population of broad-
snouted caiman has either increased or has stabilized since its 
inclusion under the ESA, we find that the present or threatened 
destruction, modification, or curtailment of its habitat or range 
continues to be a factor affecting the species in Uruguay.

Summary of Factor A for Bolivia, Brazil, Paraguay and Uruguay (Northern 
DPS)

    In most of the range of this species, the habitat threats are very 
similar; however, a country's management actions (refer to discussion 
under Factor D) may affect the status of the species. In Bolivia, 
Brazil, Paraguay, and Uruguay, although these countries are making 
progress with conservation laws with respect to habitat modification 
and destruction (see Factor D discussion), habitat loss continues to 
occur. Increasing human populations, development of hydroelectric 
projects, and draining of wetlands have caused habitat degradation. 
Conversion of broad-snouted caiman habitat to agricultural plantations 
commonly occurs in these countries, and there is no evidence that there 
are adequate management plans for this species in place in these 
countries. Although the species is widespread, we have no information 
to indicate that the status of the species has changed in these four 
countries, and there is little to no population trend information 
available in these countries. Based on a review of the best available 
information, we find the destruction, modification, or curtailment of 
its habitat or range in these four countries is a continued threat to 
the species.
Factor B. Overutilization for Commercial, Recreational, Scientific, or 
Educational Purposes
    The overharvest for commercial purposes was the primary reason for 
the broad-snouted caiman's inclusion in Appendix I of CITES and 
subsequent listing under the ESA. The species suffered due to effects 
of unregulated exploitation between 1930 and 1980. Protections were put 
in place because the species had suffered substantial population 
declines throughout its range due to overexploitation through the 
commercial crocodilian skin trade. Under this factor, we examine how 
overutilization within each country has changed since the species was 
listed under the ESA, and then we discuss this factor with respect to 
international trade and its regulation through CITES.

[[Page 38177]]

Argentine DPS

    In Argentina, illegal hunting was widespread through the late 
1980s, but decreased in the early 1990s (Micucci and Waller 1995, pp. 
81-108) due to the proliferation of caiman ranching programs and the 
enforcement of national and provincial regulations (see Factor D 
discussion). Between the 1940s and early 1990s, reports indicate that 
more than 700,000 caiman skins were produced from Corrientes Province 
in Argentina (estimated in Micucci and Waller (1995) in Pi[ntilde]a et 
al. 2010, p. 4). Some of these skins were illegally obtained; however, 
since 1998, there has been no report of illegal hunting (Larriera et 
al. 2008, p. 143). Since the species was listed both under CITES and 
the ESA, a significant change in public perception and awareness 
regarding this species has occurred. Now, the species is managed 
sustainably in Argentina (Jelden 2010, pers. comm.; Verdade et al. 
2010, p. 19; Woodward 2010, p. 3). Local people participate in caiman 
ranching programs in which they locate nests and harvest eggs from 
these nests (Larriera et al. 2008; Verdade et al. 2010, p. 19) and take 
them to captive-rearing facilities. The harvest is monitored and 
documented by the government-registered ranching programs. These 
individuals, primarily cattle-ranchers, are financially compensated for 
the eggs. The communities within the range of the broad-snouted caiman 
have an understanding of the caiman ranching program, and they no 
longer illegally hunt these animals because individuals earn an income 
from harvesting eggs. This is due in part to a long-standing public 
awareness program and significant community involvement in protecting 
this species (Larriera et al. 2008, p. 145).
    The Government of Argentina has had a long history of research and 
active management of its population of the broad-snouted caiman, 
particularly since 1990. Currently, there are seven ranching programs 
registered with the federal government in Argentina. Three of them 
function as educational programs, with no commercial exploitation. The 
noncommercial ranching operations are in Entre R[iacute]os, Chaco, and 
Corrientes Provinces. There are four commercial ranching programs: two 
in Formosa Province, one in Corrientes Province, and one in Santa Fe 
Province. The ranching programs in Formosa, Corrientes, and Chaco are 
for both the broad-snouted caiman and yacare caiman. The programs in 
Entre R[iacute]os and Santa Fe are for only broad-snouted caiman. Each 
ranching program showed an increase in the number of eggs collected 
since the program began. This indicates an upward trend in population 
numbers.

Ranching Programs in Argentina

    On cattle ranches in Argentina, landowners commonly channelize the 
wetlands to increase grazing land for cattle. Although such conversion 
of wetlands for cattle grazing may result in suitable habitat being 
available for caiman because it creates water impoundments, most 
habitat preferred by the caiman (swamps with heavy vegetation) is 
considered unproductive agricultural land. In the past, the swampy 
areas had been drained for conversion to agricultural lands. However, 
by placing an economic value on preserving caiman habitat through 
compensation from the ranching program, habitat destruction can be 
reduced. Additionally, by providing monetary compensation to ranch 
employees for each nest they locate, there is incentive for ranch 
owners and employees to protect the wetlands and caiman nesting areas 
(Larriera 2011, p. 90). As of 2006, there had been a 30 percent 
increase in the caiman nesting areas on cattle ranches where caiman egg 
harvest occurs (Larriera et al. 2006). For example, the caiman nesting 
area of the Lucero Ranch (Estancia) in Santa Fe Province was 830 ha 
(2,051 ac) in 1990, and increased to 1,060 ha (2,619 ac) in 2004. 
Larriera suggests that one reason for the increased population density 
may be due to a decline in the practice of burning and drying wetlands 
for economic reasons, in addition to the dispersion of female broad-
snouted caiman into new habitat due to the caiman ranching program.
    In the wild, as many as 60 to 70 percent of the eggs do not hatch 
(Smith and Webb 1985; Woodward et al. 1989, p. 124). Estimated survival 
of hatchlings in the wild has been as low as 10 to 20 percent, 
depending on environmental conditions (e.g., frost and predation can 
alter survival (Aparicio and Rios 2008, p. 109); see discussion under 
Factor C below). In order to increase survival rate of American 
alligators, the practice of egg collection has been implemented to 
preclude embryo mortality due to factors such as depredation, flooding, 
and desiccation (Woodward et al. 1989, p. 124). In the Argentina 
ranching program, to increase survivability, young caiman are 
reintroduced to their former nesting site after they have passed 
critical life stages in which they are more susceptible to factors such 
as predation and nest flooding (Larriera 2003). Removal and incubation 
of eggs taken from the wild increases hatchling survivability because 
the larger the caiman is, the greater likelihood it has of long-term 
survival in the wild (Woodward et al. 1989, p. 124).
    High mortality can occur during the first few weeks of incubation 
in the wild; one study found that highest embryo mortality of alligator 
eggs occurred between days 7 and 16 of incubation (Joanen and McNease 
1987 in Woodward et al. 1989, p. 124). In the caiman ranching programs 
in Argentina, the practice is to remove all eggs from all the nests in 
collection areas that are accessible and not flooded, burned, 
depredated, or necessary for survival studies (Larriera 1995). Between 
the months of December and January, eggs are collected soon after 
laying. Caiman managers pay cattle ranch employees for each located 
nest, and each nest is assigned a number. The nests are marked so that 
young hatched and reared in captivity can be returned to the same area. 
Each ranching program maintains records of how many eggs are collected, 
how many are reared, and how many individuals are later released back 
into the wild (Larriera et al 2008, pp. 158, 164).
    Artificial incubation has been demonstrated to not only enhance 
hatch success but also early development of hatchlings (Joanen and 
McNease 1987 in Woodward et al. 1989, p. 124; Ferguson 1985). For 
example, small temperature variances can be used to accelerate the 
growth of hatchlings. Animals reared at a slightly higher temperature 
(22.4 [deg]C; 72.3 [deg]F) grow faster than those maintained at a lower 
temperature (18.2 [deg]C; 65 [deg]F) (Pi[ntilde]a and Larriera 2002, 
pp. 387-391). For broad-snouted caiman, eggs incubated at 29 or 31 
[deg]C (84-88 [deg]F) produced 100 percent females, while at 33 [deg]C 
(91 [deg]F) 100 percent males were produced.
    Young are marked by removing selected caudal scutes corresponding 
to hatch year and nest origin. Hatchlings are raised for 9 months in 
concrete pools until November, when some are removed for reintroduction 
to the original nest site. The decision on how many young will be 
retained in captivity for commercial production; as well as how many 
will be reintroduced to the wild depends on the status of the wild 
population in the area from which the eggs were harvested. Argentina 
provides reports to the CITES Secretariat in accordance with CITES 
Resolution Conf. 11.16 (See Larriera et al 2010; Larriera et al 2008a). 
If there is a high population density in the wild, more young are 
retained and raised for commercial purposes.

[[Page 38178]]

Chaco Province

    El Cachap[eacute] Wildlife Refuge (Refugio de Vida Silvestre El 
Cachap[eacute]) is a conservation and sustainable-use project developed 
through an agreement between a private landowner and Fundaci[oacute]n 
Vida Silvestre Argentina in Chaco Province. The project was established 
in 1996, for the ranching of both yacare and broad-snouted caiman 
(Cossu et al. 2007, p. 330), and it also conducts ecotourism 
activities. El Cachap[eacute] is in the center of the harvest area, and 
encompasses 1,760 hectares (ha) (4,349 acres (ac)). Between 1998 and 
2004, the Chaco program collected 4,867 eggs and released 1,236 
yearlings (Larriera and Imhof 2006) within the Chaco Province. A 
population survey conducted over 60,000 ha (148,263 ac) of the harvest 
area in Chaco Province indicates that there was an average density of 
4.0 individuals of Caiman latirostris per km during the 1999-2000 study 
period (Prado 2005), but we are unaware of any additional data 
collected since that time. This conservation ranching program is 
working towards increasing population numbers of this species in the 
Chaco Province (Verdade 2010, pp. 18-22).

Corrientes Province

    An experimental program in Corrientes Province was established in 
2004, based on an agreement between a company called Yacar[eacute] 
Por[aacute] S.A. and the Direcci[oacute]n Provincial de Recursos 
Naturales (Provincial Directorate of Natural Resources, Corrientes 
Province). The experimental program initially included population 
surveys to determine the feasibility and biological sustainability of a 
commercial ranching program and a small-scale collection of eggs 
(Jenkins et al. 2006, p. 27; Micucci and Waller 2005). The numbers of 
broad-snouted caiman nests in three study areas were surveyed. In 
nesting seasons 2004-2005 and 2005-2006, one area maintained its number 
of nests and the other two areas showed increases resulting in a total 
of 165 nests observed in the first season; and 265 nests observed in 
the second season (Larriera et al. 2008). The first egg collection was 
conducted in 2005 (Jenkins et al. 2006, p. 27). In late 2010, 500 
hatchlings were released. As of 2010, there were 4,736 hatchlings and 
12,793 individuals over one year in age in captivity (Larriera 2010, p. 
1).

Formosa Province

    The program in Formosa Province (in the most northern part of the 
species' range in Argentina) was established in 2001, based on an 
agreement between a company called Caimanes de Formosa S.R.L. and the 
Direcci[oacute]n de Fauna y Parques de Formosa (Directorate of Wildlife 
and Parks of Formosa) under the Ministry of Production (Jenkins et al. 
2006). The first egg collection in Formosa Province was in 2002. The 
Formosa program collected 13,050 eggs between 2002 and 2004, and 
released 1,265 young (Larriera and Imhof 2006). Surveys of the combined 
yacare caiman and broad-snouted caiman populations in Formosa have 
indicated that the wild population densities have increased from a 
range of 2.3 to 66 individuals per km in 2002 (Siroski 2003; Siroski 
and Pi[ntilde]a 2006), to 22 to 238 individuals per km in 2008 
(Pi[ntilde]a et al. 2008).

Santa Fe Province

    The Santa Fe program (in the southernmost part of the species' 
range in Argentina) is the largest of the approved programs; this 
province has the largest population of broad-snouted caiman in the wild 
in Argentina. Proyecto Yacar[eacute], in the province of Santa Fe, 
Argentina, was established in 1990, with an agreement between the 
Ministry of Agriculture of the Province of Santa Fe and a 
nongovernmental organization called Mutual del Personal Civil de la 
Naci[oacute]n (Benefit of Civil Personnel of the Nation) to improve the 
conservation status of the broad-snouted caiman and its wetland 
ecosystem (Larriera and Imhof 2000). The northern part of the Province 
of Santa Fe contains 80 percent of the wild broad-snouted caiman 
population in Argentina. Early on, the Caiman Specialist Group (CSG) 
identified ranching programs in Argentina as a high priority for 
species conservation (Verdade 1998, pp. 18-19). It described the 
program in Santa Fe Province as a model for other Argentine provinces 
where habitat still remains and the wild population is large. In 1999, 
the management for sustainable use of broad-snouted caiman reached a 
commercial scale (Verdade 1998, pp. 18-19).
    Between 1990 and 2004, the Santa Fe program harvested 1,410 of 
1,945 identified nests and produced 35,197 hatchlings from 47,948 eggs 
(Larriera and Imhof 2006). Of the hatchlings that survived, 15,120 
yearlings were returned to the wild and 14,046 were retained for 
commercial use (Larriera and Imhof 2006). The number of nests found in 
the collection area increased from 14 (1990-1991) to 439 (2003-2004), 
resulting in an increase from 372 to 12,031 eggs collected per year 
during the same time period (Larriera and Imhof 2006). Mean clutch size 
in Santa Fe Province has been reported to be 35 eggs per nest, and the 
natural incubation period is around 70 days (Larriera and Imhof 2000).
    As of 2004, monitoring the wild population in the collection areas 
indicated that the broad-snouted caiman population in Santa Fe 
increased 320 percent since the project began (Larriera and Imhof 
2006). Observed wild population densities increased from an average of 
2 to 8 individuals per km in 1990, to 20 to 120 individuals per km in 
2008-2009 (Larriera and Siroski 2010, p. 2). This program has resulted 
in increased numbers of broad-snouted caiman in the wild in areas 
surveyed and in an expansion of nesting areas (Larriera and Imhof 2000, 
2006; Larriera et al. 2006). The distribution of the wild population 
has expanded into areas from which the species had formerly disappeared 
(Larriera et al. 2005).

International Trade and Regulation Under CITES

    CITES provides varying degrees of protection to more than 32,000 
species of animals and plants that are traded as whole specimens, 
parts, or products. CITES regulates the import, export, and reexport of 
specimens, parts, and products of CITES-listed plant and animal species 
(also see discussion under Factor D). Trade is managed through a system 
of permits and certificates that are issued by the designated CITES 
Management and Scientific Authorities of each CITES Party (https://www.cites.org). In the United States, the Scientific and Management 
Authorities reside in the U.S. Fish and Wildlife Service.
    Under CITES, a species is listed in one of three appendices; 
listing in each Appendix has a corresponding level of protection 
relative to the regulation of trade through different permit 
requirements (CITES 2007). Appendix II allows for commercial trade and 
includes species requiring regulation of international trade in order 
to ensure that trade of the species is compatible with the species' 
survival. At times a species may be listed as endangered under the ESA, 
and concurrently listed under Appendix II of CITES, rather than the 
more restrictive Appendix I, which does not allow trade of wild 
specimens for primarily commercial purposes. Although CITES Appendix II 
allows for commercial trade, in order for specimens of this species to 
be traded internationally, a determination must be made by the 
Management and Scientific Authorities of the country of export that the 
specimens were legally obtained; the living specimen will be prepared 
and shipped as to minimize the risk of injury, damage to health or 
cruel treatment, and the export will not be

[[Page 38179]]

detrimental to the survival of the species in the wild. CITES Appendix 
I includes species that are threatened with extinction and which are or 
may be affected by trade. Appendix I has a further restriction that a 
CITES import permit must be issued by the importing country after 
making findings that the specimen will not be used for primarily 
commercial purposes, that the import will be for purposes which are not 
detrimental to the survival of the species, and that the proposed 
recipient of living specimen is suitably equipped to house and care for 
it.
    The World Conservation Monitoring Centre (WCMC) at UNEP manages a 
CITES Trade Database on behalf of the CITES Secretariat. Each Party to 
CITES is responsible for compiling and submitting annual reports to the 
CITES Secretariat regarding their country's international trade in 
species protected under CITES. The trade database (https://www.unep-wcmc.org/citestrade) indicates that between 2000 and 2009, 11,837 
broad-snouted caiman parts and products (primarily leather and skins), 
plus an additional 1,210 kilograms (2,662 pounds) of such parts and 
products were exported. The vast majority of exports were from 
Argentina, and the database did not indicate any trends in the trade 
data to cause concern. There were very few exports from the other range 
countries during the period reviewed.
    With this final reclassification rule and accompanying 4(d) rule, 
the DPS of broad-snouted caiman in Argentina will be listed as 
threatened, and commercial exports of broad-snouted caiman products 
from Argentina to the United States will be allowed without an ESA 
permit, provided that certain conditions are met. We do not believe 
this potential increase in international trade is likely to threaten or 
endanger wild broad-snouted caiman based on Argentina's management and 
monitoring of the caiman ranching program. However, the DPS of broad-
snouted caiman in Bolivia, Brazil, Paraguay, and Uruguay will continue 
to be listed as endangered under the ESA, and the species' parts and 
products from these range countries will still be regulated under CITES 
Appendix I.

Summary of Factor B for Argentine DPS

    In Argentina, the legal harvest does not appear to have negative 
impacts on the species based on reported harvest, nest counts, and egg 
harvest trends (Larriera et al. 2010, pp. 1-2; Larriera and Siroski 
2010, pp. 1-5). We believe that adequate protections are in place under 
Federal and provincial law and regulations in Argentina. Broad-snouted 
caiman that hatched in captivity and were released near their former 
nesting site have successfully matured and reproduced in the wild 
(Larriera et al. 2006). For example, during the summers of 2001 and 
2002, seven females released as part of Proyecto Yacar[eacute] were 
recaptured while attending their nests. The females were between 9 and 
10 years old at the time of capture. Their clutch sizes and hatching 
success were similar to those of wild females of unknown age also 
captured during the season. This indicates that released ranched 
yearlings can survive and reproduce at least as successfully as their 
wild counterparts, and have a greater rate of survival.
    Research also indicates that this practice of releasing a 
percentage of captive-hatched juveniles is a valuable management tool 
for crocodilian species. Mortality of eggs and hatchlings in the wild 
can exceed 95 percent (Hutton 1984 in Larriera et al. 2008, p. 154). 
Releasing them into the wild at an age of 8 to 10 months, rather than 
at hatching, has been shown to enhance their chances of survival (Elsey 
et al. 1992, p. 671). Survivorship in juvenile alligators has been 
shown to be a function of size, with survivorship increasing as size 
increases (Woodward et al. 1989, p. 124).
    Egg collection and density surveys indicate that wild populations 
in the collection areas are increasing (Larriera et al. 2010). Despite 
the fact that all accessible nests are harvested in the collection 
areas the Santa Fe program has resulted in higher population densities 
of broad-snouted caiman in the wild. Increased reproduction in released 
animals, a greater number of nests located and harvested, and the 
observation of broad-snouted caiman in areas where they had been 
extirpated (Larriera and Imhof 2006; Larriera et al. 2008, pp. 143-172) 
have also been observed. What may be most important to the survival of 
the broad-snouted caiman, however, is that nesting areas are now 
protected by local inhabitants who have an economic interest in 
maintaining the wild populations. Due to public awareness programs and 
monetary incentives for locals who collect eggs, there has been no 
report of illegal harvest since 1998.
    Ranching program reports indicate increased population numbers in 
Argentina of this species based on nest counts and egg harvest reports 
(Jenkins et al. 2006, pp. 26-27). For example, in the 1991 season in 
Santa Fe, 10 nests were harvested, 14 nests were located, and 237 
hatchlings were produced. In 2003, 228 nests were located, 304 were 
identified, and 5,638 hatchlings were produced (p. 27). The current 
population survey methods used in Argentina are not entirely reliable 
as a tool for establishing direct relationships with populations in the 
wild, but they provide a general idea of the increase in caiman 
numbers. Micucci points out that the information provided directly by 
nest counts and night surveys is more reliable and direct than egg 
harvest counts, at least in environments with large fluctuations in 
water mass, which is the case of this species, particularly in 
Argentina (2010 pers. comm.). Although there is not accurate population 
trend data for this species in the wild (Micucci 2010 pers. comm.), we 
consider the egg harvest data to be the best available information and 
data collected indicate an upward trend in population numbers for this 
species.
    A secondary concern in the management of this species in Argentina 
is there may be inadequate oversight by provincial governments when 
extracting eggs from nests and tracking the origin of these eggs (this 
also applies to Factor D, the Inadequacy of Regulatory Mechanisms). 
Additionally, the level of independent or outside evaluation of the 
ranching programs in Argentina is unclear and there may be a lack of 
transparency in monitoring. This may be indicative of a need for 
stronger involvement by the provincial and federal governments, or the 
need for a stronger legal framework at the provincial level to regulate 
or monitor these activities. However, despite these concerns, the 
reports on the broad-snouted caiman conservation program in Argentina 
do indicate that the population is increasing, and the program is being 
actively monitored by the government of Argentina.
    The species is not overutilized in Argentina, and overutilization 
is unlikely to be a factor affecting the population in the future. 
Annual reporting under CITES may alert us to any overutilization in 
Argentina. However, based on a review of the best available 
information, and in the absence of conflicting information, we find no 
evidence that overutilization for commercial, recreational, scientific, 
or educational purposes is a threat to the broad-snouted caiman 
throughout its range in Argentina.

Bolivia, Brazil, Paraguay, and Uruguay (Northern DPS)

    One of the primary threats to the species before it was listed in 
CITES Appendix I in 1975 was uncontrolled international trade. 
International trade primarily for commercial purposes is restricted 
from Bolivia, Brazil, Paraguay, and Uruguay due to the species'

[[Page 38180]]

Appendix I status under CITES. The UNEP-WCMC trade database did not 
indicate any unusual trends in the species' trade with respect to these 
countries.
    Beginning in the 1940s, the broad-snouted caiman was hunted 
commercially for international trade in its leather, which is commonly 
reported to be of higher quality than that of other caiman species 
(Brazaitis 1987 in Verdade et al. 2010, pp. 1-2). However, since the 
time the species has been protected by CITES and the ESA, this is no 
longer a factor affecting the species in these countries (see WWW.UNEP-
WCMC CITES trade database at https://www.unep-wcmc.org/citestrade).
    In Bolivia, caiman is used for its fat, meat, and leather products 
(Aparicio and Rios 2008, p. 112). It is also killed due to fear by 
humans. In the Chaco province of Bolivia, there were reports of the 
species attacking and killing pigs and other small cattle (Pacheco in 
Embert 2007, p. 55), but these incidences do not seem to occur 
frequently. No other recent data are available in Bolivia for this 
species.
    In Brazil and Uruguay, small amounts of illegal harvest are 
reported to still occur in some areas (Verdade et al. 2010, p. 19) 
(Borteiro et al. 2006, p. 102). In northeastern Brazil, illegal hunting 
still supplies local markets for meat in small cities along the 
S[atilde]o Francisco River basin. The meat is sold as salted carcasses 
like codfish, and is actually called ``S[atilde]o Francisco codfish'' 
(Verdade 2001a). Hunting for meat also occurs in some parts of Uruguay 
(Borteiro et al. 2006, p. 104). However, species experts concluded that 
illegal hunting is no longer a major factor affecting the species due 
to improved protection, costs and consequences of illegal hunting, and 
the availability of legal skins (Verdade 1998, pp. 18-19). 
Historically, caiman was commonly hunted for its meat. Many fishermen 
also killed caiman because caiman fed on the fish in their fishing 
nets, and caiman would destroy their nets (Filogonio et al. 2010, p. 
964). Thus, current levels of hunting pressure may have only localized 
impacts.
    In Paraguay, in the past, the broad-snouted caiman may have been 
subject to greater hunting pressure than Caiman yacare because the 
quality of its skin is considered better quality (Scott et al. 1990, 
pp. 45-46). Hunting was almost uncontrolled through 1990, and some 
caiman populations almost disappeared. However, small residual 
populations were increasing in size when last surveyed in places where 
they and their habitat were protected (Scott et al. 1990, pp. 45-46).
    In Uruguay, broad-snouted caiman was never legally hunted for 
commercial purposes (Verdade 1998, pp. 18-19), although illegal hunting 
has been observed (Borteiro et al. 2006, p. 97). Uruguay's standard of 
living, literacy rate, and large urban middle class are reported to be 
quite high compared with other countries within this species' range 
(https://www.state.gov, accessed March 14, 2011), which may account for 
the lack of commercial hunting in this country. There is no indication 
that this species is overutilized in Uruguay.

Summary of Factor B for the Bolivia, Brazil, Paraguay, and Uruguay 
(Northern DPS)

    Domestic use of the broad-snouted caiman occurs within the Northern 
DPS still occurs, but levels remain low. Any incidence of hunting or 
harvest that may occur does not significantly affect the species. Based 
on a review of the best available information, and in the absence of 
conflicting new information, we find that overutilization for 
commercial, recreational, scientific, or educational purposes is no 
longer a threat to the broad-snouted caiman in Bolivia, Brazil, 
Paraguay, and Uruguay.
Factor C. Disease or Predation

Argentina

    There is little information on diseases that affect wild broad-
snouted caiman (Jacobson 2007; Huchzermeyer 2003). In 1999, the Field 
Veterinary Program of the Wildlife Conservation Society and 
Fundaci[oacute]n Vida Silvestre Argentina studied the health of caiman 
populations in the wild and in captivity at the El Cachap[eacute] 
ranching operation in Chaco Province, Argentina. There was a very low 
incidence of pathogens and no evidence of infectious disease found. 
Health conditions of ranched and wild animals continue to be monitored 
in Argentina (Uhart and Moreno 2000; Uhart et al. 2000).
    There is naturally a high level of predation on eggs and 
hatchlings. In the wild, an average of 60 to 70 percent of the eggs do 
not hatch, usually due to nest flooding or predation (Larriera 2003; 
Hutton 1984). One study found that the rate of depredation in a low 
rainfall season was significantly higher than normal seasons resulting 
in over half of the nests being depredated in some areas (Larriera and 
Pi[ntilde]a 2000). During dry seasons, high predation may occur due to 
easier access to nests, and the increased distance between the nest and 
the water. This may also be in part due to less maternal attention when 
the mother is in the water. At such times, up to 50 percent of entire 
clutches in forest nests and 80 percent of clutches along levees and 
dykes can be consumed by predators (Larriera and Imhof 2006). Predators 
of eggs and hatchlings include herons (Ardea cocoi), storks (Ciconia 
ciconia), crested caracaras (Caracara plancus), iguanas (Tupinambis 
merianae), and carnivorous mammals such as the South American gray fox 
(Pseudalopex griseus) (Larriera and Imhof 2006). Other research found 
that no more than 10 percent of the hatchlings typically survive to 
adulthood (Larriera and Imhof 2006). This level of mortality from 
predation is considered normal in caiman populations.
    In Argentina, methods are taken to minimize the effects of 
predation. To decrease the death rate due to predation, ranched young 
are returned to the wild only after they are past the critical first 
year during which the risk of predation is greatest (Larriera and Imhof 
2006). Even when nests are depredated, females can rebuild these nests 
(Larriera and Pi[ntilde]a 2000). Clutch sizes can be as high as 129 
eggs in a good year (Larriera 2002, p. 202). Although disease and 
predation are sources of mortality, it is not a limiting factor for 
population growth, caiman populations are continuing to increase in 
Argentina.

Summary of Factor C for the Argentine DPS

    Disease and predation normally occur in populations, and the best 
available scientific and commercial information does not indicate that 
either of these factors negatively affects the broad-snouted caiman in 
Argentina such that they rise to the level of threats to the species. 
Neither disease nor predation is a significant factor affecting this 
species. Therefore, we do not find that disease or predation threatens 
this distinct population segment of the broad-snouted caiman, now or in 
the future.

Bolivia, Brazil, Paraguay, and Uruguay (Northern DPS)

    In the range countries of Bolivia, Brazil, Paraguay, and Uruguay, 
there is no indication that disease and predation are affecting the 
broad-snouted caiman such that this factor threatens the species. 
Therefore, we do not find that disease or predation threatens this 
population segment of the broad-snouted caiman.
Factor D. The Inadequacy of Existing Regulatory Mechanisms

Argentine DPS

    The broad-snouted caiman was listed in Appendix I of CITES on July 
1, 1975.

[[Page 38181]]

This listing (also refer to the Factor B discussion) requires strict 
regulation of international movement of this species, which may only be 
authorized in ``exceptional circumstances,'' and international trade 
for primarily commercial purposes is prohibited. In 1990, ``Projecto 
Yacar[eacute]'' 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 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). This program 
also reintroduces captive-raised individuals to the wild. Since the 
government of Argentina began the management and monitoring of the 
Argentine population of broad-snouted caiman, population monitoring for 
Argentina has indicated an upward trend. 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 the wild since the program began.
    On September 18, 1997, at the 10th meeting of the Conference of the 
Parties (``CoP10''), the Argentine population of broad-snouted caiman 
was transferred to Appendix II based on a proposal from Argentina. The 
proposal described the increased population status of the species in 
Argentina and a ranching program that had contributed to its population 
increase (CoP10 Doc. 10.86, CoP10 Prop. 10.1, Government of Argentina 
1997). Appendix II allows for regulated commercial trade as long as the 
exporting country finds that the specimens were legally acquired and 
that the activity is not detrimental to the survival of the species. A 
Resolution on a universal tagging system for the identification of 
crocodile skins was adopted by the Parties at CoP9, held in 1994. 
Exported skins must be tagged according to the CITES Resolution on a 
universal tagging system (Resolution Conf. 11.12 (Rev. CoP15)).
    At CoP10 (1997, Harare, Zimbabwe), the CITES Secretariat reported 
that, to its knowledge, all range countries were effectively 
implementing the Universal Tagging System Resolution. Caiman yacare 
skins and products originating in Argentina have been imported into the 
United States with the appropriate CITES tags. This species was 
downlisted under the ESA in 2000 to threatened status (65 FR 25867, May 
4, 2000). Adherence to the CITES tagging requirements has decreased the 
potential for substitution of illegal skins, which has reduced trade 
enforcement problems involving the similarity of appearance of skins 
and products among different species of crocodilians.
    According to CITES Resolution Conf. 11.16 (Rev. CoP15), for trade 
in ranched specimens of species transferred from Appendix I to Appendix 
II to occur, a ranching program must:
    (1) Demonstrate that the program is beneficial to the conservation 
of the local population;
    (2) Identify and document all products to ensure that they can be 
readily distinguished from products of Appendix-I populations;
    (3) Maintain appropriate inventories and harvest-level controls and 
mechanisms in the program to monitor wild populations; and
    (4) Establish sufficient safeguards in the program to ensure that 
adequate numbers of animals are returned to the wild if necessary and 
where appropriate.
    At the national level, Argentine Law 22.421 prohibits all use of 
fauna that is not specifically authorized (Micucci and Waller 1995). In 
2000, when the experimental operations began commercial production of 
broad-snouted caiman, Resolution 283/00 was enacted by the Government 
of Argentina under Law 22.421. This law approves the inter-province 
transit and export of caiman products from ranching operations that 
comply with CITES Resolution 11.16, but trade in specimens from any 
other sources (i.e., not from registered ranching operations) is 
illegal. Resolution 283/00 also establishes minimum requirements for 
ranching operations. One of the requirements is that there must be a 
baseline population study covering at least 40 percent of the province 
in which the operation is located. The study must be conducted for at 
least 2 years (Larriera and Imhof 2006). The study results must be 
approved by the province and then submitted to the national authorities 
(Direcci[oacute]n de Fauna y Flora Silvestres [Directorate of Wild 
Fauna and Flora]) for final approval. The Registro Nacional de 
Criaderos (National Registry of Breeding Centers, Resolution 26/92) 
lists registered ranching operations. In provinces with nationally 
approved ranching programs, the provincial government must conduct an 
annual evaluation of the population status of the species in their 
province and submit it to the Direcci[oacute]n de Fauna y Flora 
Silvestres. According to Larriera (pers. comm. 2006), all the surveys 
are conducted under the supervision of members of the CSG. Ranching 
operations and harvests of wildlife that are not transported across 
provincial boundaries or exported are controlled through regulation at 
the provincial level (Larriera and Imhof 2006).

National Legislation To Implement CITES

    Information available to the Service indicates that Argentina has 
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. The 
federal legal framework within the Government of Argentina is 
particularly robust. The CITES National Legislation Project (https://www.cites.org, SC59 Document 11, Annex p. 1) deemed that the Government 
of Argentina has national legislation that is considered Category 1, 
which means they meet all the requirements to implement CITES. With 
respect to CITES, based on the trade data (see Factor B discussion) and 
other data and information available to the Service, Argentina appears 
to be adequately enforcing international trade through its legal 
framework.

Summary of Factor D for Argentine DPS

    Monitoring indicates that management efforts within Argentina are 
working. The broad-snouted caiman population in Argentina, based on 
reports provided to the Service and the CITES Secretariat, that are 
cited above, appears to be increasing. Some habitat loss and 
degradation remain in Argentina; however, these threats have been 
reduced based on intensive management efforts of this species. While we 
do not have complete population survey information in Argentina, all 
indications suggest that the wild population is well managed and is 
increasing. Wildlife such as the caiman can be advantageously used in 
commerce if management is sufficient to maintain suitable habitats and 
if harvest is at a level that allows maintenance of healthy and 
sustainable populations. Broad-snouted caiman, under such conditions, 
can provide revenue to pay for its own management and stimulate local 
economies. Therefore, we find that, although the strong management of 
the species through local programs promoting egg harvest and hatchling 
release has reduced threats to this species and its habitat, threats 
(see Factor A discussion) do still exist. With respect to international 
trade of broad-snouted caiman parts and products, we find that CITES is 
an adequate regulatory mechanism throughout its range. We will continue 
to monitor the

[[Page 38182]]

status of the species in Argentina; however, based on the best 
available information, we find that this factor is not a threat to the 
species in Argentina.

Bolivia, Brazil, Paraguay, and Uruguay (Northern DPS)

    Bolivia's current environmental legislative framework represents a 
significant improvement since the 1992 World Summit on Sustainable 
Development in Rio de Janeiro, which began a foundation for the 
sustainable and equitable use of the country's environmental resources 
and control destructive practices. This framework has had a positive 
effect on Bolivia's economic development, especially in the forestry 
sector, where it provided clearly defined roles for institutional 
oversight and control. To its credit, Bolivia has become the world 
leader in the area of certified production forests (Byers et al. 2008, 
p. 31). However, management issues in Bolivia still remain. The 
ratification of autonomy statutes by the Departments of Santa Cruz, 
Pando, Beni, and Tarija, and their conflict with the National 
government is currently one of the more contentious issues (Byers et 
al. p. 33). The most important implications of this movement toward 
enhanced departmental authority and responsibility relate to land-use 
planning and authority over land tenure matters. This issue is still in 
flux and this transfer towards decentralized governance could have 
negative repercussions on the broad-snouted caiman.
    With respect to caiman management in Bolivia, a management plan for 
Caiman latirostris population recovery and conservation in Tarija 
department was proposed for 2006-2009. It is unclear whether the plan 
was implemented and no updated data have been provided with respect to 
the species' status in Bolivia (Aparicio and R[iacute]os 2008). The 
best available information does not indicate that the regulatory 
mechanisms in place are adequate to sufficiently protect this species. 
Populations of broad-snouted caiman are still considered to be depleted 
in Bolivia (Verdade et al. 2010, p. 19; Aparicio and R[iacute]os 2008, 
p. 104). Habitat loss, destruction, and modification (refer to Factor A 
discussion) are still occurring and are not expected to decrease in the 
future (Anderson and Gibson 2006, p. 99), thus suggesting that existing 
regulatory mechanisms are insufficient to ameliorate or remove the 
threat from habitat destruction.
    Brazil is faced with competing priorities of encouraging 
development for economic growth and resource protection. In the past, 
the Brazilian government, through various regulations, policies, 
incentives, and subsidies, had actively encouraged development of 
previously undeveloped lands in southeastern Brazil, which helped 
facilitate the large-scale habitat conversions that had occurred 
throughout the Atlantic Forest (Butler 2007, p. 3; Conservation 
International 2007c, p. 1; Pivello 2007, p. 2; Ratter et al. 1997, pp. 
227-228; Saatchi et al. 2001, p. 874; Brannstrom 2000, p. 326). These 
development projects include logging, housing and tourism developments, 
and expansion of plantations (Butler 2007, p. 3; Ratter et al. 1997, 
pp. 227-228; Barnett et al. 2000, pp. 377-378; Saatchi et al. 2001, p. 
874; Collar et al. 1992, p. 776). These projects impact potentially 
important sites for this species and would affect habitat within and 
adjacent to established protection areas in Brazil (Collar et al. 1992, 
p. 776; Barnett et al. 2000, pp. 377-378). The Brazilian government has 
encouraged development of dams for hydroelectric power, irrigation, and 
expansion of agricultural practices, primarily for soybean production 
(Braz et al. 2003, p. 70; Hughes et al. 2006, pp. 51-56; Verdade et al. 
2010, pp. 18-19). Brazil's competing priorities make it difficult to 
enforce regulations that protect broad-snouted caiman habitat.
    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). Despite 
these initiatives, we have no information to indicate that regulatory 
mechanisms exist to effectively limit or restrict habitat destruction 
for this species. We do not have information indicating that impacts to 
this species (e.g., development of dams for hydroelectric power, and 
expansion of agricultural practices, primarily for soybean production) 
have been or will be adequately addressed through existing regulatory 
mechanisms at the sites where this species is found or in its habitat. 
Based on data and information available to the Service, we believe that 
the existing regulatory mechanisms in Brazil are inadequate to 
ameliorate the current threats to this species in Brazil.
    In Paraguay, the environmental situation has improved; Paraguay has 
completed many of its governmental reform objectives (USAID 2004, p. 
4). However, there are still concerns; land is still being converted to 
soybean plantations and land ownership is still a concern in Paraguay 
(USAID 2004, pp. 3, 8). Paraguay's objectives are to achieve more 
effective regulation and utilization practices. Environmental laws, 
such as the ``Zero Deforestation Law'' and ``Valuation and Retribution 
of Environmental Services Law'' have had the most significant impact 
during the past 5 years. These measures have declared wild areas be 
protected from the private sector.
    While we acknowledge that Paraguay is making significant progress 
in the conservation of its resources, existing regulatory mechanisms 
are still inadequate. For example, the area in the northernmost part of 
Paraguay known as the Alto Paraguay was once a refuge for wildlife such 
as the caiman. This was primarily due to its isolation and difficulty 
in accessing the habitat. However, when the Paraguayan government 
promoted a waterway in the Paraguay-Paran[aacute] Basin known as the 
Hidrov[iacute]a development project, the Alto Paraguay forest became an 
area of land speculation. It remains unclear what is occurring in this 
area now and how this activity may affect the broad-snouted caiman.
    There is no evidence that effective protective measures have been 
undertaken to conserve the broad-snouted caiman. The existing 
regulatory mechanisms currently in place for broad-snouted caiman in 
Paraguay do not appear to adequately mitigate the factors affecting the 
species. In the absence of new information, we find that regulatory 
mechanisms in Paraguay are inadequate to protect broad-snouted caiman.
    Uruguay's richest biodiversity is found in its wetlands. Its 
economy is highly dependent on exports, and the agricultural sector 
contributes 11 percent of Uruguay's total gross domestic product (GDP). 
One of Uruguay's environmental problems is that rice paddies are 
replacing marshlands and is causing degradation of these ecosystems. 
While some species are capable of adapting to these human-made 
ecosystems, environmental degradation is associated with the conversion 
of natural habitat to rice paddies.
    The government has taken steps to address the issue of wetland 
protection and biodiversity. Uruguay has

[[Page 38183]]

developed methods aimed at improving issues associated with rice 
production such as harmful residue generated during processing of rice 
and the government is working at methods of reducing the impact caused 
by residue accumulation. In the past, the rice hulls were burned, which 
emitted toxic chemicals into the atmosphere and contributed to air 
pollution. Now, Uruguay is working towards composting the rice hulls, 
which has minimal environmental impact. Additionally, Uruguay became a 
member of the Ramsar Convention in 1984, and a member of the Convention 
on Biological Diversity in 1992, in order to increase protection for 
wetlands. Uruguay enacted law number 16.170 which directly addresses 
the conservation of wetlands, and specifically mandates that the areas 
assigned for wetlands conservation must be respected by rice farmers.
    Although Uruguay has made progress in improving its environmental 
laws and recognizes the importance of protecting its biodiversity, 
enforcement of its laws regulating protection of this species may still 
be insufficient in some areas (Brazaitis et al. 1996). This has 
primarily been due to the limited resources available to local 
enforcement agencies as well as the remoteness and inaccessibility of 
much of the caiman habitat. We have no information to indicate that the 
existing regulatory mechanisms effectively limit or restrict habitat 
destruction for this species. Although Uruguay is making progress in 
its protection of natural resources, it is unclear how this species is 
being monitored and managed in Uruguay. We do not have sufficient 
evidence that impacts to this species (e.g., conversion of wetlands to 
rice paddies and subsequent environmental degradation that occurs) have 
been or will be adequately addressed through existing regulatory 
mechanisms at the sites where this species is found or in its habitat. 
Based on the best available information, we find that the existing 
regulatory mechanisms continue to be inadequate to ameliorate the 
current threats to this species in Uruguay.

National Legislation To Implement CITES in Bolivia, Brazil, Paraguay, 
and Uruguay

    The CITES National Legislation Project (https://www.cites.org, SC59 
Document 11, Annex p. 1) deemed that the Governments of Brazil and 
Uruguay have national legislation that is considered Category 1, which 
means they meet all the requirements to implement CITES. Bolivia was 
described as being in Category 2, both with a CITES legislation plan 
and draft legislation, but not enacted, and Paraguay was described as 
Category 2 with no plan and only draft legislation. Overutilization 
(unsustainable trade in skins, parts, and products) was the primary 
reason that this species was listed in CITES Appendix I and also listed 
as endangered under the ESA. However, now, overutilization is no longer 
a concern for this species. With respect to CITES, based on the trade 
data (see Factor B discussion); we find that the governments of 
Bolivia, Brazil, Paraguay, and Uruguay are adequately enforcing 
international trade through their respective legal frameworks.

Summary of Factor D for Bolivia, Brazil, Paraguay, and Uruguay 
(Northern DPS)

    With respect to international trade of broad-snouted caiman parts 
and products, we find that CITES is an adequate regulatory mechanism in 
Bolivia, Brazil, Paraguay, and Uruguay. However, the best available 
scientific and commercial information indicates that broad-snouted 
caiman continues to be threatened by the inadequacy of the existing 
regulatory mechanisms in Bolivia, Brazil, Paraguay, and Uruguay to 
ameliorate the effects of habitat loss and degradation. Management 
efforts vary within the range of broad-snouted caiman. Each country has 
both unique and overlapping factors that affect the species. In some 
cases, there was an abundance of information available regarding 
potential threats to the species, and in other cases, there was little 
to no information available, particularly regarding the adequacy of 
regulatory mechanisms with respect to this species.
    In Bolivia, Brazil, Paraguay, and Uruguay, the best available 
information indicates that the primary factor affecting the species is 
habitat loss (see Factor A discussion). Related to this factor is the 
inability of the governments, at a national, provincial, or regional 
level, to adequately enforce mechanisms to address threats. In these 
countries, there is little monitoring data on broad-snouted caiman. 
Based on a review of the information available, we were unable to find 
that regulatory mechanisms are adequate in Bolivia, Brazil, Paraguay, 
and Uruguay to protect broad-snouted caiman from threats associated 
with habitat loss.
Factor E. Other Natural or Manmade Factors Affecting Its Continued 
Existence
    Following is a range wide threats analysis in which we evaluate 
whether other natural or manmade factors affect the continued existence 
of the broad-snouted caiman throughout its range because the 
information available is not specific to each DPS. This evaluation is 
not specific to each country unless specified as such.

Pesticides and Endocrine Disruptors

    Approximately 10 to 15 percent of pesticides applied in 
agricultural activities actually reach target organisms, and the 
remainder is dispersed into the atmosphere, soil, and water, which can 
affect broad-snouted caiman (Poletta et al. 2009, p. 96). In Argentina, 
soy, which requires the application of pesticides, occupies 
approximately 16 million hectares, and land dedicated to soy 
plantations continues to expand (Larriera et al. 2008, p. 165). Studies 
regarding the genotoxicity of the herbicide Roundup[supreg] 
(glyphosate) have been conducted in Argentina on broad-snouted caiman. 
Glyphosate is a broad-spectrum herbicide used widely in weed control. 
In this study, specimens of broad-snouted caiman were exposed to 
various concentrations and compounds of glyphosate commonly used in 
agriculture, particularly on soy plantations. Not only did the study 
demonstrate deformities of caiman due to exposure to glyphosate, but it 
also resulted in mortalities (Poletta et al. 2011, p. 852; Poletta et 
al. 2009, p. 98). One form of glyphosate, Cycloposphamide, in 
particular, caused malformations in the exposed caiman, causing 90 
percent embryo mortality (Poletta et al. 2009, p. 97). Another study 
found that exposure to pesticides decreases hatchlings weight of Caiman 
latirostris (Beldomenico et al. 2007, p. 246), which negatively affects 
species' fitness. This study evaluated responses based on exposure to 
atrazine and endosulfan, which are commonly used in agriculture. 
Studies have found that these pesticides, particularly when more than 
one is applied, have an effect on caiman reproduction (Stoker et al 
2011, p. 311; Poletta et al. 2011, p. 852; Beldomenico et al. 2007, p. 
249). Studies suggest that impaired embryonic growth is likely 
occurring (Poletta et al. 2011, p. 858; Beldomenico et al. 2007, p. 
250).
    Potential effects from contamination by pesticides are likely to 
occur and affect this species in the wild. Commonly used pesticides 
include aldrin, chlordane, endrin, lindane, methoxyclor, toxaphene, 
DDT, parathion, endosulfan, Malathion, and carbaryl. Farmers are not 
well trained in proper application methods, often over-applying 
agrochemicals, applying them under inappropriate physical or 
environmental conditions, and not

[[Page 38184]]

following appropriate handling, washing, and storage protocols (Byers 
et al. 2008, p. 26). Despite regulations governing the use of these and 
other pesticides, more oversight is needed to monitor their use and 
effects on this species. Improper pesticide use is likely to occur 
throughout the species' range.
    In Bolivia, contamination of aquatic systems from agricultural 
chemicals occurs in some areas, particularly in Santa Cruz and 
Cochabamba (Byers et al. 2008, p. 26). In the lowlands of Santa Cruz 
Department, for example, where broad-snouted caiman may exist, agro-
industrial development is leading to increased use of agrochemicals. 
Soy, sunflower, cotton, and sugarcane are the main crops, and to a 
lesser extent coffee, cacao, and rice are grown. Mechanized 
agricultural production on large areas containing soil that has been 
depleted of nutrients has led to the increased use of agrochemicals 
such as fertilizers and pesticides that are often applied by aerial 
spraying. Although 17 pesticides have been banned in Bolivia, as of 
2008, they were still sold in local markets and routinely used (Byers 
et al. 2008, p. 26).
    We recognize that pesticides will result in mortalities and 
decreased fitness in some individuals; however, the best available 
information does not indicate that pesticides are a significant factor 
affecting this species. Studies have been conducted in Argentina, where 
pesticides are used, and reproduction and survival rates of broad-
snouted caiman in Argentina currently appear to be robust. Populations 
are increasing in Argentina, and the species has expanded its range in 
some areas (Verdade et al. 2010, pp. 18-22; Borteiro et al. 2008, pp. 
244-249). This is an indication of the species' intrinsic resilience 
and adaptability. Although environmental contaminants such as 
pesticides and herbicides likely affect individuals, there is no 
evidence that these contaminants currently pose a threat to the 
species.
    Studies in other crocodile species have been conducted to examine 
their effects as endocrine disrupters (Rainwater et al. 2008, pp. 101-
109). Vitellogenin induction is a useful biomarker to examine exposure 
and response to endocrine disruptors, specifically environmental 
estrogens. To the best of our knowledge, endocrine disrupters are not a 
threat to broad-snouted caiman.
    We recognize that environmental contaminants may affect 
individuals, especially given the potential for long-term 
bioaccumulation of contaminants during the species' life. However, we 
do not have information or data on the extent of the impact, if any, 
that environmental contaminants currently have on the species. An 
inadvertent aspect of the research referenced above indicated that the 
removal of eggs from the wild and hatching in a captive environment can 
actually have a beneficial effect. Exposure to environmental 
contaminants such as pesticides is reduced because eggs are removed 
from the wild shortly after females lay their eggs. Regardless of this 
aspect, based on the best available scientific and commercial 
information available, we currently do not find that exposure to 
pesticides or other environmental contaminants is a threat to the 
species.

Human Conflict

    Although it is commonly known that human conflict with caiman 
occurs, this is not a significant factor affecting the species. The 
most recent survey of broad-snouted caiman by the Crocodile Specialist 
Group indicates that one of the principal threats to this species is 
illegal hunting in localized areas (in some states of Brazil, where 
caiman population is low) (Verdade et al. 2010, p. 1). In Bolivia, a 
survey indicated that 92 percent of individuals said that they hunted 
broad-snouted caiman to avoid the danger of an attack. This was more 
common when caiman were found in cattle watering areas such as ponds 
and agricultural impoundments near homes. However, the actual impacts 
are unknown; the survey was anecdotal. Most broad-snouted caiman 
populations in Argentina occur on privately owned wetlands. In Chaco, 
Argentina, local people have been known to kill caiman, not only for 
food, but out of fear that these animals will attack them or their 
livestock and poultry (Aparicio and Rios 2008, p. 112; Prado 2002). 
Based on interviews with ranchers, landowners and police, it is 
estimated that approximately 30 to 40 wild caiman per year are killed 
for food, and about 50 per year are killed out of fear (Larriera 2006, 
pers. comm.). These killings often occur during the dry season, when 
caiman move to ponds that are closer to human-populated areas. To 
counter these fears, biologists have been working with local 
communities through the caiman ranching project at the El 
Cachap[eacute] Wildlife Refuge in Argentina. One aspect of this program 
was that they developed an educational campaign in local schools. The 
students participate in the ranching project on the refuge. The project 
produced two educational Web sites that describe the conservation and 
ecology of caiman species in Argentina.
    In Argentina, because there is incentive for local communities and 
villagers in the range of the species to conserve broad-snouted caiman; 
conflict and killing of caiman for food, although it occurs, do not 
occur to the extent that it rises to the level of a threat. Throughout 
the rest of the species' range, human conflict with broad-snouted 
caiman occurs sporadically and may result in the death of some 
individual caimans. However, the best available scientific and 
commercial information does not indicate that human conflict occurs to 
the extent that it is a significant factor affecting the species. 
Therefore, relative to the population size, human conflict does not 
appear to be a threat to the species.
    The broad-snouted caiman, like other wildlife, is a victim of 
collisions with motor vehicles while crossing roadways. Approximately 
200 animals are killed annually due to collisions (Larriera, pers. 
comm. 2006). Broad-snouted caiman often successfully cross roads in 
areas containing sparse human developments. Development of high volume 
transportation corridors in broad-snouted caiman habitat may inhibit 
their movements between habitat patches, potentially reducing 
connectivity among water bodies generally inhabited by broad-snouted 
caiman. However, these mortality events do not occur to such an extent 
that they are a significant factor affecting the species.

Fire Ants

    The red fire ant, Solenopsis invicta, is an extremely aggressive 
species. It is originally from central South America and is distributed 
throughout a large variety of habitats (Folgarait et al. 2005 in 
Parach[uacute]-Marc[oacute] et al. 2008, pp. 1-2). It completely 
occupies the area of distribution of broad-snouted caiman. This is an 
opportunistic, aggressive species and is able to reach high population 
densities. The fire ant prefers total or partial exposure to the sun, 
and apparently is attracted by sources of protein, sugar, and lipids as 
well as high levels of humidity. Because broad-snouted caiman generally 
nest in fairly open habitats, and its nests are raised, they provide an 
ideal source of protection for S. invicta colonies from rains during 
the summer. Allen et al. (1997, pp. 318-320) showed that red fire ants 
affect the success of hatching, causing the death of unborn embryos in 
the nest, and possibly prevent the female from opening the nest when 
her hatchlings call. In Argentina, these ants use broad-snouted caiman 
nests to set up their new colonies (Larriera 2006, pers. comm.), and 
have been

[[Page 38185]]

documented to decrease hatching success by 20 percent (Parach[uacute]-
Marc[oacute] et al., 2005, pp. 1-2). The severity and magnitude of 
long-term and short-term effects of fire ants on broad-snouted caiman 
populations is currently unknown. Although fire ants have the potential 
of being a localized threat, the best available information does not 
indicate that this factor affects the species such that it is a threat 
to the species throughout all or a significant part of its range.

Drought and Flooding

    This species has survived large-scale droughts and floods in the 
past (Larriera 2003), but high rainfall can lead to reduced hatching 
success from flooding (Larriera and Pi[ntilde]a 2000). Recent caiman 
counts suggest that populations declined somewhat during 2002-2003 and 
2007-2008 (Micucci et al. 2007, Larriera et al. 2008). This was 
attributed to cyclic drought conditions during the early 2000s (Micucci 
et al. 2007, Larriera et al. 2008). The production of broad-snouted 
caiman eggs during the 2009 season was drastically reduced in 
Corrientes, Santa Fe, and Formosa Provinces also due to a severe 
drought. In 2010, wetlands recovered due to heavy rains, and egg 
harvest in 2010 was approximately 30 percent higher than the historical 
average (Larriera and Siroski 2010, pp. 1-2). However, drought and 
flooding does not occur to such an extent that they are a significant 
factor affecting the species.

Climate Change

    The term ``climate'' refers to an area's long-term average weather 
patterns, or more specifically, the mean and variation of surface 
variables such as temperature, precipitation, and wind, whereas 
``climate change'' refers to any change in climate over time, whether 
due to natural variability or human activity (Intergovernmental Panel 
on Climate Change (IPCC) 2007, pp. 6, 871). Although changes in climate 
occur continuously over geological time, changes are now occurring at 
an accelerated rate. For example, at continental, regional and ocean 
basin scales, recent observed changes in long-term trends include: A 
substantial increase in precipitation in eastern parts of North America 
and South America, northern Europe, and northern and central Asia; 
declines in precipitation in the Mediterranean, southern Africa, and 
parts of southern Asia; and an increase in intense tropical cyclone 
activity in the North Atlantic since about 1970 (IPCC 2007, p. 30). 
Examples of observed changes in the physical environment include an 
increase in global average sea level and declines in mountain glaciers 
and average snow cover in both the northern and southern hemispheres 
(IPCC 2007, p. 30).
    The IPCC used Atmosphere-Ocean General Circulation Models and 
various greenhouse gas emissions scenarios to make projections of 
climate change globally and for broad regions through the 21st century 
(Meehl et al. 2007, p. 753; Randall et al. 2007, pp. 596-599). 
Highlights of these projections include: (1) It is virtually certain 
there will be warmer and more frequent hot days and nights over most of 
the earth's land areas; (2) it is very likely there will be increased 
frequency of warm spells and heat waves over most land areas, and the 
frequency of heavy precipitation events will increase over most areas; 
and (3) it is likely that increases will occur in the incidence of 
extreme high sea level (excludes tsunamis), intense tropical cyclone 
activity, and the area affected by droughts in various regions of the 
world (Solomon et al. 2007, p. 8). More recent analyses using a 
different global model and comparing other emissions scenarios resulted 
in similar projections of global temperature change (Prinn et al. 2011, 
pp. 527, 529).
    As is the case with all models, there is some uncertainty 
associated with projections due to assumptions used, data available, 
and features of the models. Despite this uncertainty, however, under 
all models and emissions scenarios the overall surface air temperature 
trajectory is one of increased warming in comparison to current 
conditions (Meehl et al. 2007, p. 762; Prinn et al. 2011, p. 527). 
Climate models and associated assumptions, data, and analytical 
techniques continue to be refined, and thus projections are refined as 
more information becomes available (Rahmstorf 2010). For instance, 
observed actual emissions of greenhouses gases, which are a key 
influence on climate change, are tracking at the mid- to higher levels 
of the various scenarios used for making projections, and some expected 
changes in conditions (e.g., melting of Arctic sea ice) are occurring 
more rapidly than initially projected (Manning et al. 2010, p. 377; 
Polyak et al. 2010, p. 1,797; LeQuere et al. 2009, p. 2; Comiso et al. 
2008, p. 1; Pielke et al. 2008, entire; Raupach et al. 2007, p. 10289). 
In short, the best scientific and commercial data available indicate 
that increases in average global surface air temperature and several 
other changes are occurring and likely will continue for many decades 
and in some cases for centuries (Church 2010, p. 411; Solomon et al. 
2007, pp. 822-829).
    Changes in climate can have a variety of direct and indirect 
impacts on species, and can exacerbate the effects of other threats. 
For instance, climate-associated environmental changes to the 
landscape, such as decreased stream flows, increased water 
temperatures, reduced snowpacks, and increased fire frequency, or other 
changes occurring individually or in combination, may affect species 
and their habitats. The vulnerability of a species to climate change 
impacts is a function of the species' sensitivity to those changes, its 
exposure to those changes, and its adaptive capacity (IPCC 2007, p. 
883). As described above, in evaluating the status of a species the 
Service uses the best scientific and commercial data available, and 
this includes consideration of direct and indirect effects of climate 
change. As is the case with all other stressors we assess, if the 
status of a species is expected to be affected that does not 
necessarily mean it is an endangered or threatened species as defined 
under the ESA. Species that are dependent on specialized habitat types, 
limited in distribution, or occurring already at the extreme periphery 
of their range will be most susceptible to the impacts of climate 
change. However, the broad-snouted caiman has a wide distribution and 
is more resilient than these species.
    The information currently available on the effects of climate 
change and the available climate change models do not make sufficiently 
accurate estimates of location and magnitude of effects at a scale 
small enough to apply to the range of the broad-snouted caiman. Below 
is a discussion of data and research available, with which we can make 
inferences on the projected impacts to the broad-snouted caiman due to 
climate change, particularly the potential impacts of shifting global 
temperatures on sex ratios as well as the species' distribution.
    A study conducted to determine climate change's projected impacts 
to the American crocodile (Crocodylus acutus) illustrates possible 
impacts to the broad-snouted caiman (Escobedo-Galv[aacute]n 2006, p. 
131). This is significant because the sex of crocodiles is determined 
during incubation and is temperature-dependent. This study selected 
areas in Florida and western Mexico that contain American crocodiles, 
and predicted how increased temperatures could affect the geographical 
distribution and sex ratios of the species in Florida, the Caribbean, 
and Central America. It focused on the geographic distribution and sex 
ratios of American crocodiles in the present (2006), 2020, and 2050. It 
suggested that

[[Page 38186]]

the geographic distribution and sex ratios of American crocodile 
populations in different parts of its range would change in response to 
temperature and sea-level parameters. Optimal growth in crocodilians 
has been found to occur around 31 [deg]C (88 [deg]F), with appetites 
and effective digestion diminishing below 29 [deg]C (84 [deg]F) 
(Coulson and Hernandez 1964, pp. 2-33; Coulson and Coulson 1986, pp. 
585-588), which correlates with optimal temperatures for incubation.
    According to Escobedo-Galv[aacute]n et al. 2008, increased global 
temperatures and sea level could in some ways benefit the American 
crocodile by significantly increasing its potential habitat and 
distribution. Through this, we could infer that similar effects could 
occur in the broad-snouted caiman species. The study predicted that the 
distribution for the American crocodile would expand 69 percent in 
2020, and 207 percent in 2050. This is an 81 percent increase in 
potential distribution from 2020 to 2050 (Escobedo-Galv[aacute]n et al. 
2008, pp. 9-10). While the American crocodile is adapted to a narrow 
climate range (Escobedo-Galv[aacute]n et al. 2008, p. 5), the broad-
snouted caiman's geographic distribution is one of the widest 
latitudinal ranges among all crocodilians (Schmidt-Villela et al., 2008 
p. 1). Broad-snouted caiman latitudinal range is between 5[deg] S to 
32[deg] S (Simoncini et al. 2009, p. 191). As global temperatures 
increase, areas that are currently too cool to support broad-snouted 
caiman may become warm enough to support them in the future. There is 
conflicting information on how climate change could affect this 
species; it could benefit the species or have no significant impact. 
Based on the data available, we do not currently have sufficient 
information to determine how changes in climate will affect this 
species at this time.
    The broad-snouted caiman's geographic distribution is one of the 
largest latitudinal ranges among all crocodilians (Verdade and 
Pi[ntilde]a 2006). Due to its variability in use of habitat, an 
expansion of the range of the broad-snouted caiman may occur, as it is 
more of a habitat generalist than other crocodile species.
    Based on scenarios that do not assume explicit climate policies to 
reduce greenhouse gas emissions, global average temperature is 
projected to rise by 2 to 11.5 [deg]F by the end of this century 
(relative to the 1980-1999 time period) (USGCRP 2011, p. 9). Optimal 
growth in crocodilians has been found to occur around 88 [deg]F (31 
[deg]C), with appetites and effective digestion diminishing below 84 
[deg]F (29 [deg]C). Although climate change may cause changes in the 
broad-snouted caiman distribution, we do not have any data to indicate 
that effects on the species due to climate change would have a 
detrimental effect, nor is climate change likely to become a threat in 
the foreseeable future.

Summary of Factor E

    Few, if any, other natural or manmade factors are anticipated to 
significantly affect the continued existence of the broad-snouted 
caiman in either DPS. We reviewed factors such as fire ants, human 
conflict, pesticides and endocrine disruptors, droughts and flooding, 
and climate change. With respect to climate change, we lack adequate 
local or regional models on how climate change would specifically 
affect the habitat in the broad-snouted caiman's range. Given that 
reliable, predictive models have not been developed for use at the 
local scale in Argentina, Bolivia, Brazil, Paraguay, and Uruguay, there 
is little certainty regarding the timing, magnitude, and net effect of 
climate change's impacts. Therefore, we find it is not possible at this 
time to make reliable predictions of climate change effects on the 
Argentine population or the Bolivia, Brazil, Paraguay, and Uruguay 
population due to the current limitations in available data and climate 
models. We found no information that the other stressors evaluated 
under this factor significantly affect the survival of the species. 
Based on the best available information, we find that there are no 
other natural or manmade factors which may constitute possible threats 
to either population segment.

Finding

    We have carefully assessed the best available scientific and 
commercial information regarding the past, present, and future threats 
faced by the broad-snouted caiman throughout its range, and we have 
separately evaluated the population in Argentina (referred to as a 
distinct population segment, or DPS) and the Northern DPS, which 
consists of Bolivia, Brazil, Paraguay, and Uruguay.

Argentine DPS

    In Argentina, our status review found that, although some localized 
impacts to broad-snouted caiman still occur in Argentina such as 
habitat modification, particularly due to agricultural development, the 
government of Argentina has reduced threats associated with habitat 
loss and overutilization through its ranching program such that the 
species is not currently in danger of extinction. Through the five-
factor analysis, we considered the progress made by Argentina towards 
addressing previous threats to this species. We took into consideration 
the conservation actions that have occurred, are ongoing, and are 
planned. Since its listing under the ESA, the species' status has 
improved in Argentina based on the following:
     National and international laws and treaties have 
minimized the impacts of trade.
     Effective community-based ranching programs have been 
established.
     Population numbers appear to be increasing in Argentina 
based on nest counts and egg harvest data.
    The primary factor that led to the listing of this species under 
the ESA was overutilization. In Argentina, we find few threats to the 
species in the wild, although we find the DPS is still threatened by 
the present or threatened destruction, modification, or curtailment of 
its habitat or range (Factor A). However, information regarding the 
caiman ranching program in Argentina indicates that the caiman 
population is increasing in the wild in Argentina such that it is no 
longer in danger of extinction. The information indicates that the 
broad-snouted caiman population is now widespread throughout its range 
in Argentina. In the region that had the oldest caiman ranching program 
(Santa Fe province), population trend information based on night counts 
during 1990-2002 indicates five of six populations increased during 
that period (Larriera and Imhof 2004). Recent data tracking of the 
success of hatching show the percentage of hatchlings born from the 
harvested eggs has been above 70 percent in recent years, sometimes 
exceeding 80 percent (Larriera et al. 2008, p. 158).
    As discussed under Factor B, removing eggs from the wild, rearing 
the young, and releasing them at an age where they can defend 
themselves more readily can be advantageous, because larger size in 
young crocodilians improves survivorship (Elsey et al. 1992). For 
crocodiles, supplementing wild populations with captive-reared 
juveniles taken from eggs collected in the wild is a valuable tool for 
crocodilian management, because mortality of juveniles in the wild 
decreases with age and size.
    Enforcement of existing national and international laws and 
treaties has minimized the potential impact of trade in Argentina, and 
available data strongly suggest that wild populations in Argentina are 
increasing (Pi[ntilde]a et al. 2009). Exports from Argentina are 
carefully managed, and commercial

[[Page 38187]]

exports are limited to those caiman from managed programs. All 
indications suggest that Argentina has been successful in increasing 
its population of broad-snouted caiman through intensive management 
efforts. The population has increased as evidenced by an increase in 
population density, the identification of reproducing females 
previously released by the program, the expansion of the nesting areas, 
the increase in the quantity of harvested nests, and the observation of 
caiman in places where they had disappeared (Larriera et al. 2008, p. 
172). Age classes reflect healthy reproduction and recruitment into a 
wild breeding population.
    We find that the impacts previously identified in Argentina when 
the species was listed under the ESA no longer are of sufficient 
magnitude such that it is endangered. Because the Argentine population 
of broad-snouted caiman satisfies both the discreteness and 
significance criteria as defined by the DPS Policy, this final rule 
reclassifies the distinct population segment of the broad-snouted 
caiman (Caiman latirostris) in Argentina from endangered status to 
threatened status under the ESA. As identified above, only one of the 
five listing factors currently poses a threat to the broad-snouted 
caiman, namely, Factor A--the present or threatened destruction, 
modification, or curtailment of its habitat or range. Although not 
currently in danger of extinction due to the destruction, modification, 
or curtailment of its habitat, we find that the species is likely to 
become so with the continued destruction of habitat in the foreseeable 
future. In other parts of this species' range within Argentina where it 
is not monitored, threats are still acting on the species. We have seen 
substantial progress in Argentina with respect to addressing threats to 
this species. In developing this final rule, we carefully assessed the 
best scientific and commercial data available regarding the threats 
facing this species, as well as the ongoing conservation efforts by 
Argentina. Consequently, we are reclassifying the Argentine DPS of the 
broad-snouted caiman to threatened status under the ESA.

Bolivia, Brazil, Paraguay, and Uruguay (Northern DPS)

    In contrast, there is a lack of information about the broad-snouted 
caiman in Bolivia, Brazil, Paraguay, and Uruguay (Verdade et al. 2010, 
p. 20; Aparicio and R[iacute]os 2008; Borteiro et al. 2008). The best 
available information indicates that threats remain such that the 
species should retain its endangered status under the ESA in these four 
countries due to habitat degradation and the inadequacy of regulatory 
mechanisms (Factors A and D, respectively). Although we have very 
little information about the species in these countries and are unable 
to determine population numbers or trends, the best available 
information indicates that the species continues to face threats under 
Factors A and D in Bolivia, Brazil, Paraguay, and Uruguay such that the 
species remains currently in danger of extinction. Therefore, because 
this population segment satisfies the discreteness and significance 
criteria under the DPS policy, we find that the distinct population 
segment of the broad-snouted caiman in Bolivia, Brazil, Paraguay, and 
Uruguay should remain listed as endangered under the ESA. We will 
continue to monitor the status of the species throughout its entire 
range. Additionally, the broad-snouted caiman in Bolivia, Brazil, 
Paraguay, and Uruguay will remain listed in Appendix I of CITES.

Special Rule

    Section 4(d) of the ESA states that the Secretary of the Interior 
(Secretary) may, by regulation, extend to threatened species 
prohibitions provided for endangered species under section 9. 
Exercising this discretion, the Service, acting under authority 
delegated by the Secretary, has promulgated implementing regulations 
that incorporate the section 9 prohibitions for endangered wildlife (50 
CFR 17.31) and exceptions to those prohibitions (50 CFR 17.32) which 
apply to most threatened wildlife. Under 50 CFR 17.32, permits may be 
issued to allow persons to engage in otherwise prohibited activities 
with threatened species for certain purposes.
    Under section 4(d) of the ESA, the Service may also develop 
specific prohibitions and exceptions tailored to the particular 
conservation needs of a threatened species. In such cases, the Service 
issues a special rule that may include some of the prohibitions and 
exceptions set out in 50 CFR 17.31 and 50 CFR 17.32 respectively, which 
may be more or less restrictive than the general provisions at 50 CFR 
17.31 and 50 CFR 17.32. For threatened species, a special rule gives 
the Secretary discretion to specify the appropriate prohibitions from 
section 9 of the ESA, while also providing provisions that are 
necessary and advisable to provide for the conservation of the species.
    Under this final special rule, the Service amends the regulations 
for threatened crocodilians at 50 CFR 17.42(c) to add the Argentine DPS 
of the broad-snouted caiman. With this special rule, all the 
prohibitions and exceptions at 50 CFR 17.31 and 50 CFR 17.32 apply to 
the Argentine DPS of the broad-snouted caiman, except that import into 
and export out of the United States and certain activities in 
interstate and foreign commerce in the course of a commercial 
activities involving broad-snouted caiman skin, parts, and products 
from Argentina are allowed without an ESA regulatory permit under 50 
CFR 17.32, if the requirements of this special rule and parts 13 
(General Permit Requirements), 14 (Importation, Exportation, and 
Transportation) and 23 (CITES) of Title 50 of the Code of Federal 
Regulations are met.
    All provisions of 50 CFR 17.31 and 50 CFR 17.32 apply to live 
specimens and viable eggs of the Argentine DPS of the broad-snouted 
caiman. Thus, importation of viable caiman eggs and live caimans will 
require an ESA permit for threatened species, in addition to the 
appropriate CITES permit. This requirement will allow scrutiny of 
individual applications for importation of live caimans or eggs so as 
to prevent accidental introduction of these exotic species into the 
United States, which may have detrimental effects on U.S. native 
wildlife or ecosystems.

Effects of This Rule

    This final special rule for the Argentine DPS of the broad-snouted 
caiman allows for the importation into and exportation from the United 
States of broad-snouted caiman skins, other parts, and products from 
Argentina without a permit under 50 CFR 17.32, provided that 
requirements in the special rule and the Service's regulations at parts 
13, 14, and 23 of Title 50 of Code of Federal Regulations are met. 
Under this rule, a person may also deliver, receive, carry, transport, 
ship, sell or offer for sale in interstate or foreign commerce and in 
the course of a commercial activity any skins, other parts, or products 
from the Argentine DPS of the broad-snouted caiman without a permit 
under 50 CFR 17.32, provided that certain conditions are fulfilled.
    This rule also allows the import into the United States of skins, 
parts, or products originally from Argentina and re-exported by other 
countries (i.e., intermediary countries), if certain conditions are met 
by those countries prior to exportation to the United States. These 
conditions pertain to the implementation of a CITES Resolution on a 
universal tagging system for the identification of crocodile skins, as 
well as provisions intended to support

[[Page 38188]]

appropriate management for sustainable use of wild populations of 
Caiman latirostris.
    This special rule adopts the existing requirements of CITES as the 
appropriate regulatory provisions for the import and export of skins, 
parts, and products from the Argentine DPS of the broad-snouted caiman. 
As previously mentioned in our listing determination, we have found 
that overutilization through international trade is not a threat to the 
Argentine DPS of the broad-snouted caiman, and, in any event, 
international trade of the Argentine population of the broad-snouted 
caiman is adequately regulated under CITES. Currently, the Argentine 
population of the broad-snouted caiman is listed under Appendix II of 
CITES. Thus, importation into the United States of any specimen of 
broad-snouted caiman originating from the Argentine population must be 
accompanied by a CITES export permit or re-export certificate. In 
issuing a CITES export permit for skins, parts, or products of broad-
snouted caiman from the Argentine population, the Scientific Authority 
of Argentina must determine that such export will not be detrimental to 
the survival of the species, and the Management Authority of Argentina 
must determine that it was not obtained in contravention of its laws 
for the protections of fauna and flora. In issuing a re-export 
certificate for skins, parts, or products of broad-snouted caiman 
originating from the Argentine population, the Management Authority of 
the State of re-export must determine that the specimen was imported 
into that State in accordance with CITES provisions.
    Argentina must continue to effectively implement the CITES 
Resolution on a universal tagging system for the identification of 
crocodile skins and must have adequate national legislation for the 
implementation of CITES. The special rule also allows trade in broad-
snouted caiman parts and products through intermediary countries if the 
countries involved are effectively implementing CITES and the CITES 
Universal Tagging System Resolution. 50 CFR 17.42(c)(4) describes 
specific bases the Service will use to determine whether CITES is being 
effectively implemented by the applicable country of export or re-
export.
    Essentially, this special rule prohibits the importation, 
exportation, and re-exportation of skins, other parts, or products of 
broad-snouted caiman originating from Argentina or imported from a 
country of manufacture or re-export unless the following conditions, 
among others, are met:
    (1) Each Argentine broad-snouted caiman skin or part imported, 
exported, or re-exported must be tagged or labeled in accordance with 
the CITES Resolution on a universal tagging system for the 
identification of crocodile skins. This does not apply to meat, skulls, 
scientific specimens, or products, or to the noncommercial import, 
export, or reexport of personal effects in accompanying baggage or 
household effects.
    (2) Any countries re-exporting Argentine broad-snouted caiman skins 
or parts must have implemented an administrative system for the 
effective matching of imports and re-exports. However, the CITES 
Resolution on a universal tagging system for the identification of 
crocodile skins presupposes that countries of re-export have 
implemented a system for monitoring skins. Countries are not considered 
intermediary countries or countries of re-export if the specimens 
remain in Customs control while transiting or being transshipped 
through the country, and provided those specimens have not entered into 
the commerce of that country.
    (3) Argentina and any intermediary country(s) must be effectively 
implementing CITES. If we receive persuasive information from the CITES 
Secretariat or other reliable sources that a specific country is not 
effectively implementing CITES, we will prohibit or restrict imports 
from such country(s) as appropriate for the conservation of the 
species.
    In a limited number of situations in which the original tags from 
the country of export have been lost in processing the skins, we will 
allow whole skins, flanks, and chalecos into the United States if 
CITES-approved re-export tags have been attached in the same manner as 
the original tags and proper re-export certificates accompany the 
shipment. If a shipment contains more than 25 percent replacement tags, 
the U.S. Management Authority will consult with the Management 
Authority of the re-exporting country before clearing the shipment. 
Such shipments may be seized if we determine that the requirements of 
CITES have not been met.
    In sum, the intent of this special rule is to enhance the 
conservation of the broad-snouted caiman in Argentina, which is 
effectively managing its broad-snouted caiman populations. By gaining 
access to commercial markets in the United States for broad-snouted 
caiman products, Argentina will be encouraged to continue its 
sustainable-use management programs. These programs require annual 
surveys of wild populations to ensure biological sustainability in 
participating provinces and reintroduction of ranched offspring to the 
wild. The programs also provide an economic incentive for local people 
to protect and expand broad-snouted caiman habitat.
    This special rule allowing commercial trade into the United States 
without threatened species import permits under the ESA does not end 
protection for this species, which remains listed in Appendix II of 
CITES. To the contrary, the special rule complements the CITES 
universal tagging resolution, which has reduced the potential for the 
laundering of illegal skins and reduced the trade control problems 
associated with the similarity of appearance of skins and products 
among different species and populations of crocodilians that have 
varying degrees of endangerment. A benefit of this special rule is that 
it aligns the ESA's requirements for the importation and exportation of 
Argentine broad-snouted caiman parts and products into and from the 
United States with CITES requirements. Thus, for the reasons mentioned 
above, this special rule provides measures that are necessary and 
advisable to provide for the conservation of the species, while also 
including appropriate prohibitions from section 9 of the ESA.

Available Conservation Measures

    Conservation measures provided to species listed as endangered or 
threatened under the ESA include recognition of conservation status, 
requirements for Federal protection, and prohibitions against certain 
practices. Recognition through listing encourages and results in 
conservation actions by Federal, State, and private agencies and 
groups, and individuals. The protection required of Federal agencies 
and the prohibitions against take and harm are discussed, in part, 
below.
    Section 7(a) of the ESA, as amended, and as implemented by 
regulations at 50 CFR part 402, requires Federal agencies to evaluate 
their actions that are to be conducted within the United States or upon 
the high seas, with respect to any species that is proposed to be 
listed or is listed as endangered or threatened and with respect to its 
proposed or designated critical habitat, if any is being designated. 
Because the broad-snouted caiman's range does not include the United 
States, no critical habitat is being designated with this rule. 
Regulations implementing the interagency cooperation provision of the 
ESA are codified at 50 CFR part 402. Section 7(a)(2) of the ESA 
requires Federal agencies to ensure that activities they authorize, 
fund, or carry out are not

[[Page 38189]]

likely to jeopardize the continued existence of a listed species or to 
destroy or adversely modify its critical habitat. If a proposed Federal 
action may affect a listed species, the responsible Federal agency must 
enter into formal consultation with the Service. Currently, with 
respect to broad-snouted caiman, no Federal activities are known that 
would require consultation.
    Section 8(a) of the ESA 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 or threatened species in foreign 
countries. Sections 8(b) and 8(c) of the ESA authorize the Secretary to 
encourage conservation programs for foreign listed species, and to 
provide assistance for such programs, in the form of personnel and the 
training of personnel.
    The ESA and its implementing set forth a series of general 
prohibitions and exceptions that apply to all endangered and threatened 
wildlife. These prohibitions, at 50 CFR 17.21 and 17.31 in part, make 
it illegal for any person subject to the jurisdiction of the United 
States to ``take'' (includes harass, harm, pursue, hunt, shoot, wound, 
kill, trap, capture, or to attempt any of these) within the United 
States or upon the high seas; import or export; deliver, receive, 
carry, transport, or ship in interstate or foreign commerce in the 
course of commercial activity; or sell or offer for sale in interstate 
or foreign commerce any endangered and threatened wildlife species. It 
also is illegal to possess, sell, deliver, carry, transport, or ship 
any such wildlife that has been taken in violation of the ESA. Certain 
exceptions apply to agents of the Service and State conservation 
agencies.
    Permits may be issued to carry out otherwise prohibited activities 
involving endangered and threatened wildlife species under certain 
circumstances. Regulations governing permits are codified at 50 CFR 
17.22 for endangered species and 50 CFR 17.32 for threatened species. 
With regard to endangered wildlife, a permit may be issued for the 
following purposes: for scientific purposes, to enhance the propagation 
or survival of the species and for incidental taking in connection with 
otherwise lawful activities. For threatened species, a permit may be 
issued for the same activities, as well as zoological exhibition, 
education, and special purposes consistent with the purposes of the 
ESA.

Monitoring

    We will continue to monitor the status of this species in 
cooperation with the range countries.

Required Determinations

National Environmental Policy Act

    We have determined that we do not need to prepare an environmental 
assessment or environmental impact statement, as defined in the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), in 
connection with regulations adopted pursuant to section 4(a) of the 
Endangered Species Act. We published a notice outlining our reasons for 
this determination in the Federal Register on October 25, 1983 (48 FR 
49244).

References Cited

    A complete list of the references used to develop this rule is 
available upon request from the Endangered Species Program in our 
Headquarters office (see FOR FURTHER INFORMATION CONTACT).

Author

    The primary author of this rule is Amy Brisendine, Branch of 
Foreign Species, Endangered Species Program, U.S. Fish and Wildlife 
Service, 4401 North Fairfax Drive, Suite 400, Arlington, VA 22203.

List of Subjects in 50 CFR Part 17

    Endangered and threatened species, Exports, Imports, Reporting and 
recordkeeping requirements, Transportation.

Regulation Promulgation

    For the reasons described in the preamble, we are amending part 17, 
subchapter B of chapter I, title 50 of the Code of Federal Regulations, 
as follows:

Part 17--[AMENDED]

0
1. The authority citation for part 17 continues to read as follows:

    Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C. 
4201-4245; Pub. L. 99-625, 100 Stat. 3500; unless otherwise noted.


0
2. Amend Sec.  17.11(h), the List of Endangered and Threatened 
Wildlife, by revising the entries for ``Caiman, broad-snouted,'' 
``Caiman, brown,'' ``Caiman, common,'' and ``Caiman, yacare'' under 
REPTILES to read as follows:


Sec.  17.11  Endangered and threatened wildlife.

* * * * *
    (h) * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
                         Species                                                       Vertebrate
----------------------------------------------------------                          population where                        When     Critical   Special
                                                               Historic range         endangered or          Status        listed    habitat     rules
            Common name                Scientific name                                 threatened
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
Reptiles
 
                                                                      * * * * * * *
Caiman, broad-snouted.............  Caiman latirostris...  Argentina, Bolivia,    Bolivia, Brazil,      E..............         15         NA         NA
                                                            Brazil, Paraguay,      Paraguay, Uruguay.
                                                            Uruguay.
Caiman, broad-snouted.............  Caiman latirostris...  Argentina, Bolivia,    Argentina...........  T..............        790         NA   17.42(c)
                                                            Brazil, Paraguay,
                                                            Uruguay.
Caiman, brown.....................  Caiman crocodilus      Mexico, Central        Entire..............  T(S/A).........        695         NA   17.42(c)
                                     fuscus (includes       America, Colombia,
                                     Caiman crocodilus      Ecuador, Venezuela,
                                     chiapasius).           Peru.
Caiman, common....................  Caiman crocodilus      Bolivia, Brazil,       Entire..............  T(S/A).........        695         NA   17.42(c)
                                     crocodilus.            Colombia, Ecuador,
                                                            French Guiana,
                                                            Guyana, Peru,
                                                            Suriname, Venezuela.

[[Page 38190]]

 
Caiman, yacare....................  Caiman yacare........  Argentina, Bolivia,    Entire..............  T..............     3, 695         NA   17.42(c)
                                                            Brazil, Paraguay.
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------


0
3. Amend Sec.  17.42 by revising paragraph (c)(1)(i) to read as 
follows:


Sec.  17.42  Special rules--reptiles.

* * * * *
    (c) * * *
    (1) * * *
    (i) Threatened crocodilian means any live or dead specimen of the 
following species:
    (A) Broad-snouted caiman (Caiman latirostris) originating in 
Argentina;
    (B) Brown caiman (Caiman crocodilus fuscus, including Caiman 
crocodilus chiapasius);
    (C) Common caiman (Caiman crocodilus crocodilus);
    (D) Yacare caiman (Caiman yacare);
    (E) Nile crocodile (Crocodylus niloticus); and
    (F) Saltwater crocodile (Crocodylus porosus) originating in 
Australia (also referred to as Australian saltwater crocodile).
* * * * *

    Dated: May 29, 2013.
Stephen Guertin,
Acting Director, Fish and Wildlife Service.
[FR Doc. 2013-15006 Filed 6-24-13; 8:45 am]
BILLING CODE 4310-55-P