Endangered and Threatened Wildlife and Plants; Endangered Species Status for Sira Curassow and Southern Helmeted Curassow, 34800-34810 [2023-11471]
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(3) Port Condition YANKEE. Affected
ports are closed to inbound vessel
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(5) Port Condition RECOVERY.
Designated areas are closed to all
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Based on assessments of channel
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Dated: May 24, 2023.
Molly A. Wike,
Captain, U.S. Coast Guard, Captain of the
Port Marine Safety Unit Port Arthur.
[FR Doc. 2023–11481 Filed 5–30–23; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS–HQ–ES–2023–0053;
FF09E21000 FXES1111090FEDR 234]
RIN 1018–BG55
Endangered and Threatened Wildlife
and Plants; Endangered Species
Status for Sira Curassow and Southern
Helmeted Curassow
Fish and Wildlife Service,
Interior.
ACTION: Proposed rule.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), propose to
list the Sira curassow (Pauxi koepckeae)
and southern helmeted curassow (Pauxi
unicornis), two bird species from South
America, as endangered species under
the Endangered Species Act of 1973, as
amended (Act). If we finalize this rule
as proposed, it would add these species
to the List of Endangered and
Threatened Wildlife and extend the
Act’s protections to these species.
DATES: We will accept comments
received or postmarked on or before July
31, 2023. Comments submitted
electronically using the Federal
eRulemaking Portal (see ADDRESSES,
below) must be received by 11:59 p.m.
eastern time on the closing date. We
must receive requests for a public
hearing, in writing, at the address
shown in FOR FURTHER INFORMATION
CONTACT by July 17, 2023.
ADDRESSES: You may submit comments
by one of the following methods:
(1) Electronically: Go to the Federal
eRulemaking Portal: https://
www.regulations.gov. In the Search box,
enter FWS–HQ–ES–2023–0053, which
is the docket number for this
rulemaking. Then, click on the Search
button. On the resulting page, in the
panel on the left side of the screen,
under the Document Type heading,
check the Proposed Rule box to locate
this document. You may submit a
comment by clicking on ‘‘Comment.’’
(2) By hard copy: Submit by U.S. mail
to: Public Comments Processing, Attn:
FWS–HQ–ES–2023–0053, U.S. Fish and
Wildlife Service, MS: PRB/3W, 5275
SUMMARY:
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Leesburg Pike, Falls Church, VA 22041–
3803.
We request that you send comments
only by the methods described above.
We will post all comments on https://
www.regulations.gov. This generally
means that we will post any personal
information you provide us (see
Information Requested, below, for more
information).
Availability of supporting materials:
Supporting materials, such as the
species status assessment report, are
available at https://www.regulations.gov
at Docket No. FWS–HQ–ES–2023–0053.
FOR FURTHER INFORMATION CONTACT:
Rachel London, Chief, Branch of
Delisting and Foreign Species,
Ecological Services Program, U.S. Fish
and Wildlife Service, MS: ES, 5275
Leesburg Pike, Falls Church, VA 22041–
3803; telephone 703–358–2171.
Individuals in the United States who are
deaf, deafblind, hard of hearing, or have
a speech disability may dial 711 (TTY,
TDD, or TeleBraille) to access
telecommunications relay services.
Individuals outside the United States
should use the relay services offered
within their country to make
international calls to the point-ofcontact in the United States.
SUPPLEMENTARY INFORMATION:
Information Requested
We intend that any final action
resulting from this proposed rule will be
based on the best scientific and
commercial data available and be as
accurate and as effective as possible.
Therefore, we request comments or
information from other governmental
agencies, Native American Tribes, the
scientific community, industry, or any
other interested parties concerning this
proposed rule. We particularly seek
comments concerning:
(1) The species’ biology, range, and
population trends, including:
(a) Biological or ecological
requirements of the species, including
habitat requirements for feeding,
breeding, and sheltering;
(b) Genetics and taxonomy;
(c) Historical and current range,
including distribution patterns and the
locations of any populations of these
species;
(d) Historical and current population
levels, and current and projected trends;
and
(e) Past and ongoing conservation
measures for the species, their habitats,
or both.
(2) Threats and conservation actions
affecting the species, including:
(a) Factors that may be affecting the
continued existence of the species,
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which may include habitat destruction,
modification, or curtailment;
overutilization; disease; predation; the
inadequacy of existing regulatory
mechanisms; or other natural or
manmade factors.
(b) Biological, commercial trade, or
other relevant data concerning any
threats (or lack thereof) to these species.
(c) Existing regulations or
conservation actions that may be
addressing threats to these species.
(d) Existing regulations whether either
of these species are protected species in
their range countries.
(3) Additional information concerning
the historical and current status of these
species.
Please include sufficient information
with your submission (such as scientific
journal articles or other publications) to
allow us to verify any scientific or
commercial information you include.
Please note that submissions merely
stating support for, or opposition to, the
action under consideration without
providing supporting information,
although noted, do not provide
substantial information necessary to
support a determination. Section
4(b)(1)(A) of the Act (16 U.S.C.
1533(b)(1)(A)) directs that
determinations as to whether any
species is an endangered or a threatened
species must be made solely on the
basis of the best scientific and
commercial data available.
You may submit your comments and
materials concerning this proposed rule
by one of the methods listed in
ADDRESSES. We request that you send
comments only by the methods
described in ADDRESSES.
If you submit information via https://
www.regulations.gov, your entire
submission—including any personal
identifying information—will be posted
on the website. If your submission is
made via a hardcopy that includes
personal identifying information, you
may request at the top of your document
that we withhold this information from
public review. However, we cannot
guarantee that we will be able to do so.
We will post all hardcopy submissions
on https://www.regulations.gov.
Comments and materials we receive,
as well as supporting documentation we
used in preparing this proposed rule,
will be available for public inspection
on https://www.regulations.gov.
Because we will consider all
comments and information we receive
during the comment period, our final
determinations may differ from this
proposal. Based on the new information
we receive (and any comments on that
new information), we may conclude that
these species are threatened instead of
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endangered, or we may conclude that
these species do not warrant listing as
either an endangered species or a
threatened species.
Public Hearing
Section 4(b)(5) of the Act (16 U.S.C.
1533(b)(5)) provides for a public hearing
on this proposal, if requested. Requests
must be received by the date specified
in DATES. Such requests must be sent to
the address shown in FOR FURTHER
INFORMATION CONTACT. We will schedule
a public hearing on this proposal, if
requested, and announce the date, time,
and place of the hearing, as well as how
to obtain reasonable accommodations,
in the Federal Register at least 15 days
before the hearing. We may hold the
public hearing in person or virtually via
webinar. We will announce any public
hearing on our website, in addition to
the Federal Register. The use of virtual
public hearings is consistent with our
regulations at 50 CFR 424.16(c)(3).
Previous Federal Actions
We received a petition from the
International Council for Bird
Preservation to add 53 foreign bird
species, including the southern
helmeted curassow, to the List of
Endangered and Threatened Wildlife on
May 6, 1991. On December 16, 1991 (56
FR 65207), we made a substantial 90day finding that the 53 species may be
warranted for listing. On March 28,
1994 (59 FR 14496), we identified the
southern helmeted curassow as a
candidate under the Act. Candidates are
those fish, wildlife, and plants for
which we have on file sufficient
information on biological vulnerability
and threats to support preparation of a
listing proposal, but for which
development of a listing rule is
precluded by other higher priority
listing activities. Subsequently, on May
21, 2004, we considered new
information for 73 foreign taxa,
including the southern helmeted
curassow, for which we had previously
found listing to be warranted but
precluded (69 FR 29354). The 2004
notice retained warranted but precluded
findings for 51 of the 73 foreign taxa
based on information gathered since
1995; we determined that the southern
helmeted curassow should retain its
status as a candidate species.
At the time we identified the southern
helmeted curassow (Pauxi unicornis) as
a candidate in 1994 and the subsequent
review in 2004, the southern helmeted
curassow and Sira curassow were
considered subspecies of Pauxi
unicornis. However, in 2014, the Sira
curassow (Pauxi koepckeae) was
recognized as a full species and became
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a candidate species under the Act in
2016 (81 FR 71457; October 17, 2016).
Peer Review
In 2022, a species status assessment
(SSA) team prepared an SSA report for
the Sira curassow and southern
helmeted curassow. The SSA team was
composed of Service biologists, in
consultation with other species experts.
The SSA report represents a
compilation of the best scientific and
commercial data available concerning
the status of the species, including the
impacts of past, present, and future
factors (both negative and beneficial)
affecting the species.
In accordance with our joint policy on
peer review published in the Federal
Register on July 1, 1994 (59 FR 34270),
and our August 22, 2016, memorandum
updating and clarifying the role of peer
review of listing actions under the Act,
we solicited independent scientific
review of the information contained in
the SSA report. The Service sent the
SSA report to five independent peer
reviewers and received one response.
Results of this structured peer-review
process can be found at Docket No.
FWS–HQ–ES–2023–0053 on https://
www.regulations.gov. In preparing this
proposed rule, we incorporated the
results of the review, as appropriate,
into the SSA report, which is the
foundation for this proposed rule.
Summary of Peer Reviewer Comments
As discussed in Peer Review above,
we received comments from one peer
reviewer on the draft SSA report. We
reviewed all comments we received
from the peer reviewer for substantive
issues and new information regarding
the information contained in the SSA
report.
The peer reviewer generally
concurred with our methods and
conclusion, and provided additional
information, clarifications, and
suggestions, including updates on the
threat of forest loss within the range of
the southern helmeted curassow.
Additionally, the peer reviewer
provided updated observations and
distribution of the southern helmeted
curassow throughout its range,
particularly in the northern extent of its
range. The peer reviewer’s comments
did not result in substantive changes to
our analysis and conclusions within the
SSA report. We did not receive any
peer-review comments regarding the
Sira curassow.
Proposed Listing Determination
Background
The Sira curassow (Pauxi koepckeae),
which is endemic to central Peru, and
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southern helmeted curassow (or horned
curassow; Pauxi unicornis), which is
endemic to central Bolivia, are
gallinaceous birds (relating to the order
Galliformes of heavy-bodied, largely
terrestrial birds in the Cracidae family
(subfamily Cracinae; del Hoyo 1994, in
Hosner et al. 2016, p. 6; del Hoyo et al.
2020a, unpaginated)). Both species are
large (83–94 centimeters (32–37 inches)
in length) and relatively heavy-bodied
(about 3.6 kilograms (8 pounds)) with
bright red bills and a pale blue ‘‘helmet’’
(casque) atop their heads (del Hoyo et
al. 2020b, unpaginated).
Both curassow species occur on the
eastern side of the Andes Mountains of
South America, although their ranges do
not overlap and are separated by more
than 1,000 kilometers (621 miles)
(Gastan˜aga et al. 2007, p. 63). The Sira
curassow is resident in cloud forests at
mid to high elevation (1,100 to 1,500
meters (3,609 to 4,921 feet) above sea
level (asl); Begazo 2022, unpaginated;
Beirne et al. 2017, p. 150; Gastan˜aga et
al. 2011, p. 268) and is known only from
the Cerros del Sira in central Peru,
which is an isolated mountain outcrop
of the Peruvian Andes. Almost all the
species’ range in the El Sira Communal
Reserve (Birdlife International (BLI)
2023a, unpaginated; Gastan˜aga et al.
2011, p. 269; Gastan˜aga et al. 2007, p.
63; Tobias and del Hoyo 2006, p. 61).
The southern helmeted curassow is
resident at lower elevations (400 to
1,400 meters (1,312 to 4,593 feet) asl) in
upper tropical and lower montane zones
in central Bolivia (Herzog and Kessler
1998, pp. 46–47; Cox et al. 1997, p. 200;
Cordier 1971, p. 10; Birds of Bolivia
2019, unpaginated; Beirne et al. 2017, p.
150), although most observations are
between 500 and 900 meters (1,640 to
2,953 feet) asl (Armonı´a 2021, p. 3). The
species occurs only within three
national parks in central Bolivia:
Amboro´, Carrasco, and Isiboro-Secure´
Indigenous Territory and National Park
(TIPNIS) (BLI 2023b, unpaginated).
Both the Sira curassow and southern
helmeted curassow are endemic to small
areas in relatively narrow elevational
bands and are considered rare, locally
uncommon, and their populations are
decreasing (BLI 2023a, unpaginated;
2023b, unpaginated). Population
densities for both species are estimated
at less than one individual per square
kilometer. The Sira curassow was
surveyed in 2006 and 2008, but
rangewide surveys have not occurred for
this species (Gastan˜aga et al. 2011, p.
273). The species was observed in one
population at four locations, all located
within 30 km of each other (Gastan˜aga
et al. 2011, p. 273). The Sira curassow’s
population is very small (50–249 mature
individuals) and occurs within 550
square kilometers (212 square miles)
(BLI 2023a, unpaginated; MacLeod and
Gastan˜aga in litt. 2014, cited in BLI
2018a, unpaginated). The southern
helmeted curassow was surveyed in
2018 and 2021 in the three national
parks where the species resides. The
southern helmeted curassow’s
population is also small and is less than
what it was historically, including
declining by 90 percent over the past 20
years (Boorsma 2023, pers. comm.,
unpaginated). The population is
currently estimated at 1,000–4,999
individuals within 10,700 square
kilometers (4,131 square miles) (BLI
2023b, unpaginated; Armonı´a 2018, pp.
3–4; Boorsma 2023, pers. comm.,
unpaginated). Information about the
status of both species populations is
supplemented with anecdotal
information based on interviews with
local indigenous communities. The
following table presents population
information for each species:
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TABLE—SIRA CURASSOW AND SOUTHERN HELMETED CURASSOW POPULATION SIZE, COUNTRY OF ORIGIN, AND
DISTRIBUTION. AS NOTED ABOVE, THE POPULATION TREND FOR THESE SPECIES IS DECREASING
Species
Population
Country
Range/distribution
Sira curassow ..........................
Southern helmeted curassow
50 to 249 mature individuals ..
1,000 to 4,999 individuals .......
Peru ...............
Bolivia ............
Cerros del Sira; in the El Sira Communal Reserve.
Amboro´ and Carrasco National Parks and Isiboro-Secure´ Indigenous Territory and National Park (TIPNIS).
The Sira curassow and southern
helmeted curassows are both large,
ground-dwelling birds very similar in
appearance and life history. Large body
size in tropical birds is often associated
with large territory size, small
population size, and low reproductive
rate (Pearson et al. 2010, p. 508). The
Sira curassow and southern helmeted
curassow likely take at least 2 to 3 years
to reach sexual maturity and have low
reproductive outputs as females lay one
egg per clutch (Cox et al. 1997, p. 207;
Banks 1998, p. 154). We are not aware
of how many clutches per year these
species produce in the wild; however,
in captivity, the southern helmeted
curassow produced four clutches within
one year, each with one egg per clutch
(Banks 1998, p. 154). Generation time,
which is the average time between two
consecutive generations in lineages of a
population, is estimated at 14.5 years
(BLI 2023a and 2023b, unpaginated).
Detailed information on the biology of
both species is limited because, despite
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their relatively large size, these species
are difficult to detect and not well
studied.
Regulatory and Analytical Framework
Regulatory Framework
Section 4 of the Act (16 U.S.C. 1533)
and the implementing regulations in
title 50 of the Code of Federal
Regulations set forth the procedures for
determining whether a species is an
endangered species or a threatened
species, issuing protective regulations
for threatened species, and designating
critical habitat for endangered and
threatened species. In 2019, jointly with
the National Marine Fisheries Service,
the Service issued a final rule that
revised the regulations in 50 CFR part
424 regarding how we add, remove, and
reclassify endangered and threatened
species and the criteria for designating
listed species’ critical habitat (84 FR
45020; August 27, 2019). On the same
day, the Service also issued final
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regulations that, for species listed as
threatened species after September 26,
2019, no longer automatically applied
the prohibitions that section 9 of the Act
applies to endangered species (84 FR
44753; August 27, 2019).
The Act defines an ‘‘endangered
species’’ as a species that is in danger
of extinction throughout all or a
significant portion of its range, and a
‘‘threatened species’’ as a species that is
likely to become an endangered species
within the foreseeable future throughout
all or a significant portion of its range.
The Act requires that we determine
whether any species is an endangered
species or a threatened species because
of any of the following factors:
(A) The present or threatened
destruction, modification, or
curtailment of its habitat or range;
(B) Overutilization for commercial,
recreational, scientific, or educational
purposes;
(C) Disease or predation;
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(D) The inadequacy of existing
regulatory mechanisms; or
(E) Other natural or manmade factors
affecting its continued existence.
These factors represent broad
categories of natural or human-caused
actions or conditions that could have an
effect on a species’ continued existence.
In evaluating these actions and
conditions, we look for those that may
have a negative effect on individuals of
the species, as well as other actions or
conditions that may ameliorate any
negative effects or may have positive
effects.
We use the term ‘‘threat’’ to refer in
general to actions or conditions that are
known to or are reasonably likely to
negatively affect individuals of a
species. The term ‘‘threat’’ includes
actions or conditions that have a direct
impact on individuals (direct impacts),
as well as those that affect individuals
through alteration of their habitat or
required resources (stressors). The term
‘‘threat’’ may encompass—either
together or separately—the source of the
action or condition or the action or
condition itself.
However, the mere identification of
any threat(s) does not necessarily mean
that the species meets the statutory
definition of an ‘‘endangered species’’ or
a ‘‘threatened species.’’ In determining
whether a species meets either
definition, we must evaluate all
identified threats by considering the
species’ expected response and the
effects of the threats—in light of those
actions and conditions that will
ameliorate the threats—on an
individual, population, and species
level. We evaluate each threat and its
expected effects on the species, then
analyze the cumulative effect of all of
the threats on the species as a whole.
We also consider the cumulative effect
of the threats in light of those actions
and conditions that will have positive
effects on the species, such as any
existing regulatory mechanisms or
conservation efforts. The Secretary
determines whether the species meets
the definition of an ‘‘endangered
species’’ or a ‘‘threatened species’’ only
after conducting this cumulative
analysis and describing the expected
effect on the species now and in the
foreseeable future.
The Act does not define the term
‘‘foreseeable future,’’ which appears in
the statutory definition of ‘‘threatened
species.’’ Our implementing regulations
at 50 CFR 424.11(d) set forth a
framework for evaluating the foreseeable
future on a case-by-case basis. The term
‘‘foreseeable future’’ extends only so far
into the future as we can reasonably
determine that both the future threats
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and the species’ responses to those
threats are likely. In other words, the
foreseeable future is the period of time
in which we can make reliable
predictions. ‘‘Reliable’’ does not mean
‘‘certain’’; it means sufficient to provide
a reasonable degree of confidence in the
prediction. Thus, a prediction is reliable
if it is reasonable to depend on it when
making decisions.
It is not always possible or necessary
to define the foreseeable future as a
particular number of years. Analysis of
the foreseeable future uses the best
scientific and commercial data available
and should consider the timeframes
applicable to the relevant threats and to
the species’ likely responses to those
threats in view of its life-history
characteristics. Data that are typically
relevant to assessing the species’
biological response include speciesspecific factors such as lifespan,
reproductive rates or productivity,
certain behaviors, and other
demographic factors.
Analytical Framework
The SSA report documents the results
of our comprehensive biological review
of the best scientific and commercial
data regarding the status of the species,
including an assessment of the potential
threats to the species. The SSA report
does not represent our decision on
whether the species should be proposed
for listing as an endangered or
threatened species under the Act.
However, it does provide the scientific
basis that informs our regulatory
decisions, which involve the further
application of standards within the Act
and its implementing regulations and
policies.
To assess the viability of Sira
curassow and southern helmeted
curassow, we used the three
conservation biology principles of
resiliency, redundancy, and
representation (Shaffer and Stein 2000,
pp. 306–310). Briefly, resiliency is the
ability of the species to withstand
environmental and demographic
stochasticity (for example, wet or dry,
warm or cold years), redundancy is the
ability of the species to withstand
catastrophic events (for example,
droughts, large pollution events), and
representation is the ability of the
species to adapt to both near-term and
long-term changes in its physical and
biological environment (for example,
climate conditions, pathogens). In
general, species viability will increase
with increases in (or decrease with
decreases in) resiliency, redundancy,
and representation (Smith et al. 2018, p.
306). Using these principles, we
identified the species’ ecological
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requirements for survival and
reproduction at the individual,
population, and species levels, and
described the beneficial and risk factors
influencing the species’ viability.
The SSA process can be categorized
into three sequential stages. During the
first stage, we evaluated the individual
species’ life-history needs. The next
stage involved an assessment of the
historical and current condition of the
species’ demographics and habitat
characteristics, including an
explanation of how the species arrived
at its current condition. The final stage
of the SSA involved making predictions
about the species’ responses to positive
and negative environmental and
anthropogenic influences. Throughout
all of these stages, we used the best
available data to characterize viability as
the ability of a species to sustain
populations in the wild over time. We
use this data to inform our regulatory
decision.
The following is a summary of the key
results and conclusions from the SSA
report; the full SSA report can be found
at Docket No. FWS–HQ–ES–2023–0053
on https://www.regulations.gov.
Summary of Biological Status and
Threats
In this discussion, we review the
biological condition of the species and
their resources, and the threats that
influence the species’ current and future
condition, in order to assess the species’
overall viability and the risks to that
viability.
The Sira curassow and southern
helmeted curassows are both large,
ground-dwelling birds very similar in
appearance and life history. These
species occur in the Yungas forests and
adjacent evergreen forest and rely on
dense to semi-open primary forested
areas with relatively open understory.
Large tropical birds, such as the two
curassow species, are often associated
with large territory size (Pearson et al.
2010, p. 508; Thorton et al. 2012, p. 572;
Rios et al. 2021, p. 418). However, the
forest area or patch size required for the
Sira curassow and southern helmeted
curassow is unknown. These species are
primarily frugivores (fruit-eaters) and
they require larger forested patch sizes
than non-frugivores because they
depend on naturally patchy resources in
larger home ranges. Fragmentation into
smaller forest patches could cause
scarcity and a reduction of food
resources within those smaller
fragments. As patch size decreases,
large-bodied species are generally at a
disadvantage because they need more
space to nest and forage compared to
small-ranging species (Kattan et al.
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1994, pp. 141–143; Lees and Peres 2009,
pp. 286–288; Lees and Peres 2010, p.
619; Vetter et al. 2011, p. 6; Thorton et
al. 2012, p. 572; Kattan et al. 2016, pp.
27–28; Rios et al. 2021, pp. 416–418).
The forested and steep slopes where the
species occur may provide some
protection from human influence.
Hunting, habitat loss and degradation,
small population size, climate change,
and protected areas are the main factors
that affect the species’ viability
throughout their ranges. Hunting is the
primary factor that negatively affects the
Sira curassow and southern helmeted
curassow throughout their respective
ranges (del Hoyo et al. 2020a, 2020b,
unpaginated). Habitat loss and
degradation affect both species,
although to a lesser degree than hunting
(Rios et al. 2021, p. 418). Limited loss
of forest cover and degradation has
occurred within the range of these
species because of small-scale
agriculture such as coca plantations and
roadbuilding. However, human
incursions into the protected areas are
likely to increase. Because habitat loss
and hunting pressure often work in
tandem, further human encroachment
into their habitats that results in
deforestation, roadbuilding, and other
land clearance creates opportunities to
increase human encounters and hunting
opportunities (Laurance et al. 2009, p.
662). Literature reviews of several
species in the cracid family, including
curassows, demonstrate that they are
more likely to persist in forested
landscapes with low human density and
greater distance from human
settlements, primarily because these
forested areas would be unaffected, or
minimally affected by hunting pressure
(Thorton et al. 2012, p. 572; Kattan et al.
2016, pp. 27–28; Rios et al. 2021, pp.
416–418).
Climate change will result in
additional loss of forested habitat for
these species by shifting these species’
habitat upslope, reducing these species’
range because the geometric shape of
mountains means there is less area on
mountain slopes as elevation increases
(Chen et al. 2011, entire; Freeman et al.
2018, p. 11983; Forero-Medina et al.
2011, entire; Sekercioglu et al. 2012, p.
3). A meta-analysis of existing data for
a suite of taxonomic groups across
multiple geographic regions and a study
of tropical birds within the El Sira
Communal Reserve in Peru showed a
median shift to higher elevations of
approximately 10 meters per decade
(Chen et al 2011, p. 1024; ForeroMedina et al. 2011, p. 4). In the case of
tropical bird species in the El Sira
Communal Reserve, a gradual, upward
shift occurred because of changes in
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temperature, habitat conditions, and the
availability of food resources (ForeroMedina et al. 2011, p. 4). Because birds
are endothermic and may tolerate a
wider range of temperatures, species
that shift their ranges may be
responding more to gradual changes in
habitat availability, food resources
based on long-lived elements of their
ecosystem (trees), and response of
competitors, than to temperatures, per
se (Forero-Medina et al. 2011, p. 4).
However, habitat expansion to newly
suitable areas will not take place at the
same rate as habitat loss due to climate
change, especially for relatively
sedentary tropical forest species
(Sekercioglu et al. 2012, p. 12).
Vegetation changes makes it more
difficult for species to find suitable
habitat that will provide their preferred
climate envelope and nesting and
foraging needs (Forero-Medina et al.
2011, p. 4).
Almost all the Sira curassow’s range
is within the El Sira Communal Reserve
in Peru. The southern helmeted
curassow’s range in Bolivia is within
three national parks: Amboro´, Carrasco,
and TIPNIS. The protected areas where
these species occur were designated by
laws in Peru and Bolivia and are
primarily inhabited by local indigenous
communities that share management
responsibilities with government
ministries. The protected areas have
been somewhat successful at limiting
the magnitude of negative effects to
biodiversity within the protected area
boundaries. However, the lack of
personnel and financial resources make
the enforcement of the protected area
boundaries difficult, which has resulted
in the loss of wildlife because of
continued hunting by locals and people
from outside the protected areas and
loss of primary forest resulting from
small-scale agriculture, illegal logging,
and roadbuilding within the protected
area boundaries (Bucklin 2010, p. 44;
Solano 2010, p. 37).
Conservation Efforts and Regulatory
Mechanisms
Our evaluation of the status of the
species takes into account the extent to
which threats are reduced or removed as
a result of conservation efforts or
existing regulatory mechanisms.
Within Peru and Bolivia, we do not
have information on whether either of
these species are protected species
under existing laws in their range
countries. However, the Sira curassow
and southern helmeted curassow reside
in protected areas throughout their
respective ranges. Almost all the Sira
curassow’s range is within the El Sira
Communal Reserve in Peru. The
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southern helmeted curassow’s range in
Bolivia is within three national parks:
Amboro´, Carrasco, and TIPNIS.
In Peru, policies on protected areas
were established in the Natural
Protected Areas Act (1997), the Master
Plan for Natural Protected Areas (1999),
and the General Environmental Act
(2005) (Solano 2010, pp. 6–7, 46–49).
The primary objective of the protected
areas is the conservation of biological
diversity (Solano 2010, pp. 12–13).
Protected areas are monitored by the
Intendancy of Protected Natural Areas
and managed by the National Service for
Natural Protected Areas, a specialized
technical body under the Ministry of the
Environment (Solano 2010, p. 6;
Parkswatch 2003, p. 6).
The El Sira Communal Reserve was
established in 2001 by a Supreme
Decree (038–2001–AG). The reserve is
616,413 hectares (1.5 million acres) and
was established for the conservation of
wildlife and to acknowledge the rights
of indigenous communities on their
lands and consider the traditions and
cultures of the local communities
(Solano 2010, pp. 10–15, 50; WorldBank
2007, pp. 13–15; Parkswatch 2003, p. 5).
The reserve is classified as an
International Union for Conservation of
Nature (IUCN) category VI protected
area, which are protected areas that
conserve ecosystems and habitats
together with associated cultural values
and traditional natural resource
management systems (IUCN 2008, p. 2).
A portion of the area is under
sustainable natural resource
management and where low-level nonindustrial use of natural resources
compatible with nature conservation is
seen as one of the main aims of the area
(IUCN 2023, unpaginated; UN
Environment Programme 2020,
unpaginated).
In Bolivia, the Political Constitution
of the State (2009) defines protected
areas as a common good that is part of
the natural and cultural heritage of the
country and that fulfills environmental,
cultural, social, and economic functions
for sustainable development. Likewise,
the Framework Law of Mother Earth and
Integral Development for Living Well
(No. 300; 2012) indicates the System of
Protected Areas as one of the main
instruments for biodiversity (Elkins et
al. 2014, p. 102; Lexivox 2023,
unpaginated).
The Bolivian National Protected Area
System was established in 1992 through
Environmental Law No. 1333 as a
collective of interlinked protected areas
of different categories (Wildlife
Conservation Society (WCS) 2017,
unpaginated). The core of the system is
the national protected areas, which
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includes Amboro´, Carrasco, and TIPNIS
and covers a total of 20 percent of
Bolivia. The National Service of
Protected Areas (Sernap) oversees the
protected areas of national interest to
conserve biological and cultural
diversity (Sernap 2023, unpaginated).
The involvement of local and
indigenous communities in park
management plays a vital role to
recognize the rights of indigenous and
local communities to preserve their
cultural identity, value systems,
knowledge and traditions, and territory
(WCS 2017, unpaginated).
Overall, the protected areas in Peru
and Bolivia were designated by laws
and have been somewhat successful to
limit the magnitude of negative effects
to biodiversity within the protected area
boundaries. The protected areas are in
remote areas and far from government
services, which makes enforcement of
the protected area boundaries difficult
because there is a lack of personnel and
financial resources. This has resulted in
loss of wildlife because of continued
hunting and loss of primary forest
within the protected area boundaries
(Solano 2010, p. 37; Armonı´a 2018, p.
7).
The nonprofit, nongovernmental
organization Asociatio´n Armonı´a
(Armonı´a) has initiated educational
campaigns to raise awareness and
discourage hunting of both species. The
program works with local and
indigenous communities to protect wild
bird populations through management
of protected areas and reducing threats
(Armonı´a 2018, p. 1; Gastan˜aga et al.
2011, p. 277; Gastan˜aga 2006, p. 11;
Gastan˜aga and Hennessey 2005, p. 21).
The Sira curassow is classified as
critically endangered on the IUCN Red
List (IUCN 2023a, unpaginated). Sira
curassow is not known to be in
international trade and is not included
in the Appendices to the Convention on
International Trade in Endangered
Species of Wild Fauna and Flora
(CITES).
The southern helmeted curassow is
classified as critically endangered on
the IUCN Red List (IUCN 2023b,
unpaginated). Trade has not been noted
internationally and the species is not
included in the Appendices to CITES.
The species is listed on Annex D of the
European Union Wildlife Trade
Regulations; species listed on Annex D
require the importer to complete an
import-notification form.
Current Condition
We considered the ecology of the Sira
curassow and southern helmeted
curassow and factors that influence
their viability to assess their current
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conditions, including their resiliency,
redundancy, representation, and their
overall viability. We know of minimal
occurrence records and both species are
narrow endemics; thus, we assess
resiliency, redundancy, and
representation range wide for both
species.
We gauge resiliency for the Sira
curassow and southern helmeted
curassow by evaluating their population
abundance, the availability and
condition of habitat throughout their
respective ranges, and these species’ life
history traits that minimize their ability
to rapidly recover from disturbances
and population losses.
Both the Sira curassow and southern
helmeted curassow are considered rare,
locally uncommon, and decreasing (BLI
2023a, 2023b). The Sira curassow’s
population is very small (50–249 mature
individuals); the southern helmeted
curassow’s population is also small,
declined by 90 percent over the past 20
years, and is currently estimated at
1,000–4,999 individuals. The species
are endemic to small areas in relatively
narrow elevational bands. The species’
ranges are mostly within protected areas
that are intact forest landscapes that
show no to minimal signs of human
alteration. However, the species’
habitats are subject to some
deforestation resulting from small-scale
illegal agriculture and road construction
that spawns additional small-scale
development. Over a 20-year period
between 2000 and 2020, only 62
hectares (153 acres), or 0.16 percent, of
forest cover has been lost within the
range of the Sira curassow, and 27,320
hectares (67,509 acres), or 3.33 percent,
of forest cover has been lost within the
range of the southern helmeted
curassow. Most of the forest cover loss
in the region is outside the range of the
species and outside the protected areas
where the species occur. Although,
human encroachment is increasing into
the protected areas, particularly because
of small-scale coca plantations.
Hunting is ongoing and will continue
in the future. Both species are more
likely to persist in patches located
further from settlements and in forested
landscapes with low human density,
primarily because these areas would be
unaffected, or minimally affected by
hunting. The presence of local
indigenous communities in addition to
people from outside the protected areas
that engage in small-scale agricultural
activities or create inroads that further
increase human presence into the
species’ habitats results in
overexploitation of these species. Low
rates of reproduction and slow recovery
of these species’ populations make it
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difficult for these species to tolerate
high levels of continuous hunting.
Because these species are endemic to
small ranges and have population sizes
that are decreasing, combined with low
rates of reproduction and recovery, the
Sira curassow and southern helmeted
curassow are not likely to be resilient to
ongoing threats.
We gauge redundancy of these species
by assessing the number and
distribution of their populations relative
to any anticipated catastrophic events
within the species’ ranges. Redundancy
also depends on availability of quality
habitat throughout these species’
respective ranges. Because most of the
current habitat is intact, even though the
species are restricted to relatively
narrow ranges, we expect the species to
have some level of redundancy. An
increase of fires in humid forest habitat
and road building that are directly
drying the landscape, combined with
climate change that causes suitable
habitat to shift upslope and is expected
to result in the loss of a substantial
amount of montane forest ecosystems
within these species’ ranges in the
future, could be catastrophic for these
species in the future. We are not aware
of any other catastrophic events
anticipated within the range of these
species that could lead to collapse of
these species’ populations.
The Sira curassow is known only
from the Cerros del Sira region of
central Peru in the El Sira Communal
Reserve. Surveys in 2006 and 2008
observed the species in one population
at four locations, all located within 30
km of each other (Gastan˜aga et al. 2011,
p. 273). Because the population and
range are very small, we assume the
species has minimal redundancy. The
southern helmeted curassow has
moderate redundancy and is known to
occur at 10 total sites in Amboro´,
Carrasco, and TIPNIS, which is an area
that is likely to hold the largest
remaining population (Armonı´a 2018,
pp. 3–4; Armonı´a 2021, entire; Armonı´a
2022, unpaginated; Boorsma 2023, pers.
comm). We have no information on the
connectivity between populations
(Armonı´a 2018, p. 7). The available data
of population size and distribution for
these species is minimal and there is
uncertainty regarding the number of
extant populations for both species
throughout their ranges.
We gauge representation of these
species by assessing their ability to
adapt to changes in their physical and
biological environments because the
ability to adapt is essential for species’
viability. Both species are restricted to
narrow elevational bands of Yungas
Forest and adjacent evergreen forest on
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the east side of the Andes Mountains.
Microhabitats within these species’
ranges are likely present because the
birds move within their respective
habitats in response to patchy resource
availability. In 2014, these species were
determined to be distinct species, but
we have no information about the
genetic diversity within each species
and there is no information on the
degree to which these species exhibit
behavioral plasticity, so the ability to
assess representation is limited.
As part of the SSA, we developed two
future-condition scenarios to capture
the range of uncertainties regarding
future threats and the projected
responses by the Sira curassow and
southern helmeted curassow. The
scenarios assumed an increased
probability of forest cover loss,
continued hunting pressure, and
ongoing designation of the protected
areas where the species occur. The best
available information indicates that both
species’ populations and distributions
will decline in the future. However,
because we have determined that the
Sira curassow and southern helmeted
curassow meet the definition of an
endangered species based on their
current conditions (see Determinations
for the Status of Sira Curassow and
Southern Helmeted Curassow, below),
we are not presenting the results of the
future scenarios in this proposed rule.
Please refer to the SSA report (Service
2023, entire) for the full analysis of
future scenarios.
We note that, by using the SSA
framework to guide our analysis of the
scientific information documented in
the SSA report, we have analyzed the
cumulative effects of identified threats
and conservation actions on the species.
To assess the current and future
condition of the species, we evaluate the
effects of all the relevant factors that
may be influencing the species,
including threats and conservation
efforts. Because the SSA framework
considers not just the presence of the
factors, but to what degree they
collectively influence risk to the entire
species, our assessment integrates the
cumulative effects of the factors and
replaces a standalone cumulative-effects
analysis.
Determinations for the Status of Sira
Curassow and Southern Helmeted
Curassow
Section 4 of the Act (16 U.S.C. 1533)
and its implementing regulations (50
CFR part 424) set forth the procedures
for determining whether a species meets
the definition of an endangered species
or a threatened species. The Act defines
an ‘‘endangered species’’ as a species in
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danger of extinction throughout all or a
significant portion of its range and a
‘‘threatened species’’ as a species likely
to become an endangered species within
the foreseeable future throughout all or
a significant portion of its range. The
Act requires that we determine whether
a species meets the definition of an
endangered species or a threatened
species because of any of the following
factors: (A) The present or threatened
destruction, modification, or
curtailment of its habitat or range; (B)
overutilization for commercial,
recreational, scientific, or educational
purposes; (C) disease or predation; (D)
the inadequacy of existing regulatory
mechanisms; or (E) other natural or
manmade factors affecting its continued
existence.
Status Throughout All of Its Range—
Sira Curassow
We have carefully assessed the best
scientific and commercial data available
regarding the past, present, and future
threats to the Sira curassow. The best
available information indicates that the
Sira curassow is a narrow endemic with
a very small population size of 50 to 249
mature individuals that is decreasing
(BLI 2023a; unpaginated; MacLeod and
Gastan˜aga in litt. 2014, cited in BLI
2018a, unpaginated).
The species is known only from the
Cerros del Sira region of central Peru in
the El Sira Communal Reserve. The Sira
curassow is not likely to be highly
resilient to ongoing threats. The
resilience of the Sira curassow is based
on population abundance, the
availability of quality habitat throughout
its range, and the species’ life history
traits that minimize recovery from
disturbances and population losses. The
El Sira Communal Reserve has been
somewhat successful at limiting the loss
of forest cover from small-scale
agriculture activities, although smallscale agriculture is increasing within the
protected area. Over a 20-year period
between 2000 and 2020, only 62
hectares (153 acres), or 0.16 percent, of
forest cover has been lost within the
range of the species. However, the
species has historically faced and
continues to face hunting pressure, and
human incursions into the protected
area are increasing.
Precise estimates of hunting pressure
on the Sira curassow do not exist given
the difficulty of monitoring and
documenting hunting activities.
Generally, curassows rank as the highest
category of avian biomass taken by
subsistence hunters (Strahl and Grajal
1991, p. 51). Local indigenous
communities in addition to people from
outside the protected areas that
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encroach into the species’ habitat results
in overexploitation of the species.
Literature reviews of several species in
the cracid family, including curassows,
demonstrate that they are more likely to
occur in forested landscapes with low
human density and in patches located
further from settlements, primarily
because these forested areas would be
unaffected, or minimally affected by
hunting pressure (Kattan et al. 2016, pp.
27–28; Rios et al. 2021, pp. 416–418;
Thorton et al. 2012, p. 572). The
viability of the Sira curassow is likely
more affected by hunting than habitat
loss and degradation, although habitat
loss and hunting pressure often work in
tandem because incursions into forested
areas for small-scale agriculture and
roadbuilding create more opportunities
for hunters (Rios et al. 2021, p. 418).
Climate change has caused and will
cause a loss of the species’ habitat,
which is particularly detrimental to
endemic species that are restricted to
narrow elevational bands (VelasquezTibata et al. 2012, p. 235). Climate
change shifts the species’ habitat
upslope, reducing the species’ range
because the geometric shape of
mountains means there is less area on
mountain slopes as elevation increases
(Chen et al. 2011, entire; Freeman et al.
2018, p. 11983; Forero-Medina et al.
2011, entire; Sekercioglu et al. 2012, p.
3). Even though birds are endothermic
and may tolerate a wider range of
temperatures, the Sira curassow is not
known to have great dispersal
capabilities, making them unlikely to
colonize new areas if their current
habitat is damaged by climate change
and other anthropogenic factors (Foster
2001, p. 73).
We are not aware of the number of
Sira curassow populations that occur
within its limited range in the El Sira
Mountains because the species is not
well studied and rangewide surveys for
the species do not exist, but the best
available information indicates that the
species has a low area of occurrence and
occupancy. Because the population size
and its range are very small, we find the
species likely has minimal redundancy
throughout its range. We are also not
aware of any information about the
genetic diversity in the Sira curassow,
and there is no information on the
degree to which the species exhibits
behavioral plasticity, so the ability to
assess representation is limited for the
species. However, the species likely has
low representation because it is
endemic to the El Sira Mountains and
occurs only within 550 square
kilometers (212 square miles) in a
narrow elevational band.
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Overall, the species has a very small
population and is considered rare,
locally uncommon, and its population is
decreasing (BLI 2023a, unpaginated).
The species is long-lived, has a long
generation time and low reproductive
output. Low reproductive output in
conjunction with other factors like a
high degree of habitat specialization,
small population size, and low vagility
(ability of an organism to move freely)
typically equate to low innate adaptive
capacity (Thurman et al. 2020, entire).
The Sira curassow’s low redundancy
combined with the species not likely
being highly resilient to ongoing threats
and having minimal capacity to adapt to
ongoing threats limits the viability of
the Sira curassow in the face of ongoing
threats. After assessing the best
scientific and commercial information
available, we conclude that the Sira
curassow currently lacks sufficient
resiliency, redundancy, and
representation for its continued
existence to be secure.
Thus, after evaluating the best
scientific and commercial data available
regarding threats to the species and
assessing the cumulative effect of the
threats under the Act’s section 4(a)(1)
factors, we determine that the Sira
curassow is in danger of extinction
throughout all of its range. The species
does not fit the statutory definition of a
threatened species because it is
currently in danger of extinction,
whereas threatened species are those
likely to become in danger of extinction
within the foreseeable future.
Status Throughout All of Its Range—
Southern Helmeted Curassow
We have carefully assessed the best
scientific and commercial information
available regarding the past, present,
and future threats to the southern
helmeted curassow. The best available
information indicates that the southern
helmeted curassow is a narrow endemic
with a small population size of 1,000 to
4,999 mature individuals that is
decreasing (BLI 2023b, unpaginated; BLI
2018b, unpaginated).
The southern helmeted curassow is
not likely to be highly resilient to
ongoing threats. The species’ resiliency
is based on population abundance, the
availability of quality habitat throughout
its range, and the species’ life history
traits that minimize recovery from
disturbances and population losses.
Even though the species resides in three
national parks in central Bolivia that
have been somewhat successful at
limiting the loss of forest cover from
small-scale agriculture activities, smallscale agriculture is increasing within the
protected areas, particularly because of
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coca plantations. Over a 20-year period
between 2000 and 2020, 27,320 hectares
(67,509 acres), or 3.33 percent, of forest
cover has been lost within the range of
the species. The southern helmeted
curassow is likely more affected by
hunting than habitat loss and
degradation (Rios et al. 2021, p. 418).
The species has historically faced and
continues to face hunting pressure.
Hunting increases with associated
habitat loss, and human incursions into
the protected areas are increasing.
Precise estimates of hunting pressure
do not exist given the difficulty of
monitoring and documenting hunting
activities. Between 2001 and 2004,
surveys showed that the largest known
population of southern helmeted
curassow declined from 20 singing
males to zero because the birds were
hunted by incursions of coca growers
into the area (MacLeod et al. 2006, p. 62;
MacLeod 2009, p. 16). However, in
2017–2018, curassows were observed at
this site (Boorsma 2023, pers. comm.).
Additionally, in TIPNIS, there are
records of southern helmeted curassows
being hunted and eaten by community
members (Boorsma 2023, pers. comm.).
Local indigenous communities in
addition to people from outside the
protected areas that encroach into the
species’ habitat results in
overexploitation of the species.
Generally, curassows rank as the highest
category of avian biomass taken by
subsistence hunters (Strahl and Grajal
1991, p. 51). Literature reviews of
several cracid species, including
curassows, demonstrate that they are
more likely to occur in forested
landscapes with low human density and
in patches located further from
settlements (Kattan et al. 2016, pp. 27–
28; Rios et al. 2021, pp. 416–418;
Thorton et al. 2012, p. 572).
Climate change has caused and will
cause a loss of the species’ habitat,
which is particularly detrimental to
endemic species that are restricted to
narrow elevational bands (VelasquezTibata et al. 2012, p. 235). Climate
change shifts the species’ habitat
upslope, reducing the species’ range
because the geometric shape of
mountains means there is less area on
mountain slopes as elevation increases
(Chen et al. 2011, entire; Freeman et al.
2018, p. 11983; Forero-Medina et al.
2011, entire; Sekercioglu et al. 2012, p.
3). Even though birds are endothermic
and may tolerate a wider range of
temperatures, the southern helmeted
curassow is not known to have great
dispersal capabilities, making them
unlikely to colonize new areas if their
current habitat is damaged by climate
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34807
change and other anthropogenic factors
(Foster 2001, p. 73).
The best available data indicates the
southern helmeted curassow is known
from 10 locations spread throughout the
3 national parks; we are not aware of
any information regarding the
connectivity between the known
occurrences. Therefore, even though the
species’ population and range are small,
the species has some redundancy
throughout its range. However, the
species’ range is smaller than it was
historically, and its population has been
reduced by 90 percent over the past 20
years (Armonı´a 2018, p. 7; Boorsma
2023, pers. comm). We are not aware of
any information about the genetic
diversity in the southern helmeted
curassow, and there is no information
on the degree to which the species
exhibits behavioral plasticity, so the
ability to assess representation is
limited for the species. However, the
species likely has low representation
because it is endemic to the three
national parks within a narrow
elevational band and occurs only within
10,700 square kilometers (2,644,028
acres).
Overall, the species has a small
population and is considered rare,
locally uncommon, and its population is
decreasing (BLI 2018b, unpaginated;
Birds of Bolivia 2019, unpaginated; BLI
2023b, unpaginated). The species is
long-lived, has a long generation time,
and low reproductive output. Low
reproductive output in conjunction with
other factors like a high degree of
habitat specialization, small population
size, and low vagility typically equates
to low innate adaptive capacity
(Thurman et al. 2020, entire). The
southern helmeted curassow’s moderate
redundancy combined with the species
not likely being highly resilient to
ongoing threats and having minimal
capacity to adapt to ongoing threats
limits the viability of the southern
helmeted curassow in the face of
ongoing threats. After assessing the best
scientific and commercial information
available, we conclude that the southern
helmeted curassow currently lacks
sufficient resiliency, redundancy, and
representation for its continued
existence to be secure.
Thus, after evaluating the best
scientific and commercial data available
regarding threats to the species and
assessing the cumulative effect of the
threats under the Act’s section 4(a)(1)
factors, we determine that the southern
helmeted curassow is in danger of
extinction throughout all of its range.
The species does not fit the statutory
definition of a threatened species
because it is currently in danger of
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extinction, whereas threatened species
are those likely to become in danger of
extinction within the foreseeable future.
Status Throughout a Significant Portion
of Their Ranges
Under the Act and our implementing
regulations, a species may warrant
listing if it is in danger of extinction or
likely to become so in the foreseeable
future throughout all or a significant
portion of its range. We have
determined that the Sira curassow is in
danger of extinction throughout all of its
range, and the southern helmeted
curassow is in danger of extinction
throughout all of its range, and
accordingly did not undertake an
analysis of any significant portion of
their ranges. Because the Sira curassow
and southern helmeted curassow
warrant listing as endangered
throughout all of their ranges, our
determination does not conflict with the
decision in Center for Biological
Diversity v. Everson, 435 F. Supp. 3d 69
(D.D.C. 2020), which vacated the
provision of the Final Policy on
Interpretation of the Phrase ‘‘Significant
Portion of Its Range’’ in the Endangered
Species Act’s Definitions of
‘‘Endangered Species’’ and ‘‘Threatened
Species’’ (79 FR 37578, July 1, 2014)
providing that if the Services determine
that a species is threatened throughout
all of its range, the Services will not
analyze whether the species is
endangered in a significant portion of its
range.
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Determination of Status for the Sira
Curassow and Southern Helmeted
Curassow
Our review of the best available
scientific and commercial data indicates
that both the Sira curassow and the
southern helmeted curassow meet the
definition of an endangered species.
Therefore, in accordance with sections
3(6) and 4(a)(1) of the Act, we propose
to add the Sira curassow and southern
helmeted curassow as endangered
species to the List of Endangered and
Threatened Wildlife in 50 CFR 17.11(h).
Available Conservation Measures
The purposes of the Act are to provide
a means whereby the ecosystems upon
which endangered species and
threatened species depend may be
conserved, to provide a program for the
conservation of such endangered
species and threatened species, and to
take such steps as may be appropriate to
achieve the purposes of the treaties and
conventions set forth in the Act. Under
the Act, a number of steps are available
to advance the conservation of species
listed as endangered or threatened
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species. As explained further below,
these conservation measures include: (1)
recognition, (2) recovery actions, (3)
requirements for Federal protection, (4)
financial assistance for conservation
programs, and (5) prohibitions against
certain activities.
Recognition through listing results in
public awareness, as well as in
conservation by Federal, State, Tribal,
and local agencies, foreign governments,
private organizations, and individuals.
The Act encourages cooperation with
the States and other countries and calls
for recovery actions to be carried out for
listed species.
Our regulations at 50 CFR part 402
implement the interagency cooperation
provisions found under section 7 of the
Act. Under section 7(a)(1) of the Act,
Federal agencies are to use, in
consultation with and with the
assistance of the Service, their
authorities in furtherance of the
purposes of the Act. Section 7(a)(2) of
the Act, as amended, requires Federal
agencies to ensure, in consultation with
the Service, that any action authorized,
funded, or carried out by such agency is
not likely to jeopardize the continued
existence of a listed species or result in
destruction or adverse modification of
its critical habitat.
A Federal ‘‘action’’ that is subject to
the consultation provisions of section
7(a)(2) is defined in our implementing
regulations at 50 CFR 402.02 as all
activities or programs of any kind
authorized, funded, or carried out, in
whole or in part, by Federal agencies in
the United States or upon the high seas.
With respect to the Sira curassow and
southern helmeted curassow, no known
actions require consultation under
section 7(a)(2) of the Act. Given the
regulatory definition of ‘‘action,’’ which
clarifies that it applies to activities or
programs ‘‘in the United States or upon
the high seas,’’ the Sira curassow and
southern helmeted curassow are
unlikely to be the subject of section 7
consultations, because the entire life
cycles of the species occur in terrestrial
areas outside of the United States and
are unlikely to be affected by U.S.
Federal actions. Additionally, no critical
habitat will be designated for these
species because, under 50 CFR
424.12(g), we will not designate critical
habitat within foreign countries or in
other areas outside of the jurisdiction of
the United States.
Section 8(a) of the Act (16 U.S.C.
1537(a)) 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
PO 00000
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Fmt 4702
Sfmt 4702
endangered or threatened species in
foreign countries. Sections 8(b) and 8(c)
of the Act (16 U.S.C. 1537(b) and (c))
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 Act puts in place prohibitions
against particular actions. When a
species is listed as endangered, certain
actions are prohibited under section 9 of
the Act and are implemented through
our regulations in 50 CFR 17.21. For
endangered wildlife, these include
prohibitions under section 9(a)(1) of the
Act on import; export; delivery, receipt,
carriage, transport, or shipment in
interstate or foreign commerce, by any
means whatsoever and in the course of
commercial activity; and sale or offer for
sale in interstate or foreign commerce of
any endangered species. It is also illegal
to take within the United States or on
the high seas; or to possess, sell, deliver,
carry, transport, or ship, by any means
whatsoever, any endangered species
that have been taken in violation of the
Act. It is unlawful to attempt to commit,
to solicit another to commit or to cause
to be committed, any of these acts.
Exceptions to the prohibitions for
endangered species may be granted in
accordance with section 10 of the Act
and our regulations at 50 CFR 17.22.
We may issue permits to carry out
otherwise prohibited activities
involving endangered wildlife species
under certain circumstances.
Regulations governing permits for
endangered species are codified at 50
CFR 17.22, and general Service
permitting regulations are codified at 50
CFR part 13. With regard to endangered
wildlife, a permit may be issued: for
scientific purposes, for enhancing the
propagation or survival of the species,
or for take incidental to otherwise
lawful activities. The statute also
contains certain exemptions from the
prohibitions, which are found in
sections 9 and 10 of the Act.
The Service may also register persons
subject to the jurisdiction of the United
States through its captive-bred wildlife
(CBW) program if certain established
requirements are met under the CBW
regulations (see 50 CFR 17.21(g)).
Through a CBW registration, the Service
may allow a registrant to conduct
certain otherwise prohibited activities
under certain circumstances to enhance
the propagation or survival of the
affected species, including take; export
or re-import; delivery, receipt, carriage,
transport, or shipment in interstate or
foreign commerce in the course of a
commercial activity; or sale or offer for
sale in interstate or foreign commerce. A
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CBW registration may authorize
interstate purchase and sale only
between entities that both hold a
registration for the taxon concerned.
The CBW program is available for
species having a natural geographic
distribution not including any part of
the United States and other species that
the Service Director has determined to
be eligible by regulation. The individual
specimens must have been born in
captivity in the United States.
It is our policy, as published in the
Federal Register on July 1, 1994 (59 FR
34272), to identify to the maximum
extent practicable at the time a species
is listed, those activities that would or
would not constitute a violation of
section 9 of the Act. The intent of this
policy is to increase public awareness of
the effect of a listing on proposed and
ongoing activities within the range of
the species.
At this time, we are unable to identify
specific activities that will not be
considered likely to result in a violation
of section 9 of the Act beyond what is
already clear from the descriptions of
prohibitions or already excepted
through our regulations at 50 CFR 17.21.
Also, as discussed above, certain
activities that are prohibited under
section 9 may be permitted under
section 10 of the Act. Additionally, we
are unable to identify specific activities
that will be considered likely to result
in a violation of section 9 of the Act
beyond what is already clear from the
descriptions of the prohibitions at 50
CFR 17.21.
Applicable wildlife import/export
requirements established under Section
9(d)–(f) of the Act, the Lacey Act
Amendments of 1981 (16 U.S.C. 3371, et
seq.), and 50 CFR part 14 must also be
met for the Sira curassow and southern
helmeted curassow imports and exports.
Questions regarding whether specific
activities would constitute a violation of
Common name
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*
BIRDS
section 9 of the Act should be directed
to the Management Authority
(managementauthority@fws.gov; 703–
358–2104).
Required Determinations
Clarity of the Rule
We are required by Executive Orders
12866 and 12988 and by the
Presidential Memorandum of June 1,
1998, to write all rules in plain
language. This means that each rule we
publish must:
(1) Be logically organized;
(2) Use the active voice to address
readers directly;
(3) Use clear language rather than
jargon;
(4) Be divided into short sections and
sentences; and
(5) Use lists and tables wherever
possible.
If you feel that we have not met these
requirements, send us comments by one
of the methods listed in ADDRESSES. To
better help us revise the rule, your
comments should be as specific as
possible. For example, you should tell
us the numbers of the sections or
paragraphs that are unclearly written,
which sections or sentences are too
long, the sections where you feel lists or
tables would be useful, etc.
National Environmental Policy Act (42
U.S.C. 4321 et seq.)
We have determined that
environmental assessments and
environmental impact statements, as
defined under the authority of the
National Environmental Policy Act (42
U.S.C. 4321 et seq.), need not be
prepared in connection with listing a
species as an endangered or threatened
species under 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).
Scientific name
*
Where listed
*
Status
*
*
*
Pauxi koepckeae ..........
*
Wherever found ............
E
Curassow, southern
helmeted (=horned
curassow).
Pauxi unicornis .............
Wherever found ............
E
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*
16:10 May 30, 2023
*
Jkt 259001
PO 00000
*
Frm 00018
Fmt 4702
A complete list of references cited in
this rulemaking is available on the
internet at https://www.regulations.gov
in Docket No. FWS–HQ–ES–2023–0053
and upon request from the Headquarters
Ecological Services Field Office (see FOR
FURTHER INFORMATION CONTACT).
Authors
The primary authors of this proposed
rule are the staff members of the Fish
and Wildlife Service’s Species
Assessment Team and the Branch of
Delisting and Foreign Species.
List of Subjects in 50 CFR Part 17
Endangered and threatened species,
Exports, Imports, Plants, Reporting and
recordkeeping requirements,
Transportation, Wildlife.
Proposed Regulation Promulgation
Accordingly, we propose to amend
part 17, subchapter B of chapter I, title
50 of the Code of Federal Regulations,
as set forth below:
PART 17—ENDANGERED AND
THREATENED WILDLIFE AND PLANTS
1. The authority citation for part 17
continues to read as follows:
■
Authority: 16 U.S.C. 1361–1407; 1531–
1544; and 4201–4245, unless otherwise
noted.
2. In § 17.11, amend paragraph (h) by
adding an entry for ‘‘Curassow, Sira’’
and an entry for ‘‘Curassow, southern
helmeted’’ to the List of Endangered and
Threatened Wildlife in alphabetical
order under BIRDS to read as follows:
■
§ 17.11 Endangered and threatened
wildlife.
*
*
*
(h) * * *
*
*
*
*
*
*
[Federal Register citation when published as a
final rule].
[Federal Register citation when published as a
final rule].
*
Sfmt 4702
*
Listing citations and applicable rules
*
*
Curassow, Sira ...............
*
References Cited
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34810
Federal Register / Vol. 88, No. 104 / Wednesday, May 31, 2023 / Proposed Rules
Martha Williams,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2023–11471 Filed 5–30–23; 8:45 am]
BILLING CODE 4333–15–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 230524–0138]
RIN 0648–BL95
Magnuson-Stevens Fishery
Conservation and Management Act
Provisions; Fisheries of the
Northeastern United States; Northeast
Multispecies Fishery; Framework
Adjustment 65
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
This action proposes to
approve and implement Framework
Adjustment 65 to the Northeast
Multispecies Fishery Management Plan.
This rule proposes to revise the
rebuilding plan for Gulf of Maine cod,
set catch limits for 16 of the 20
multispecies (groundfish) stocks, and
make a temporary modification to the
accountability measures for Georges
Bank cod. This action also corrects
erroneous regulations and removes
outdated regulations. This action is
necessary to respond to updated
scientific information and to achieve the
goals and objectives of the fishery
management plan. The proposed
measures are intended to help prevent
overfishing, rebuild overfished stocks,
achieve optimum yield, and ensure that
management measures are based on the
best scientific information available.
DATES: Comments must be received by
5 p.m. EST on June 15, 2023.
ADDRESSES: You may submit comments,
identified by NOAA–NMFS–2023–0021,
by the following method:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
www.regulations.gov and enter NOAA–
NMFS–2023–0021 in the Search box.
Click on the ‘‘Comment’’ icon, complete
the required fields, and enter or attach
your comments.
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
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SUMMARY:
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16:10 May 30, 2023
Jkt 259001
considered. All comments received are
a part of the public record and will
generally be posted for public viewing
on www.regulations.gov without change.
All personal identifying information
(e.g., name, address, etc.), confidential
business information, or otherwise
sensitive information submitted
voluntarily by the sender will be
publicly accessible. You may submit
anonymous comments by entering
‘‘N/A’’ in the required fields if you wish
to remain anonymous.
Copies of Framework Adjustment 65,
including the draft Environmental
Assessment, the Regulatory Impact
Review, and the Regulatory Flexibility
Act Analysis prepared by the New
England Fishery Management Council
in support of this action, are available
from Thomas A. Nies, Executive
Director, New England Fishery
Management Council, 50 Water Street,
Mill 2, Newburyport, MA 01950. The
supporting documents are also
accessible via the internet at: https://
www.nefmc.org/management-plans/
northeast-multispecies or https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Liz
Sullivan, Fishery Policy Analyst, phone:
978–282–8493; email: Liz.Sullivan@
noaa.gov.
SUPPLEMENTARY INFORMATION:
Summary of Proposed Measures
This action would implement the
management measures in Framework
Adjustment 65 to the Northeast
Multispecies Fishery Management Plan
(FMP). The New England Fishery
Management Council reviewed the
proposed regulations and deemed them
consistent with, and necessary to
implement, Framework 65 in a May 4,
2023, letter from Council Chairman Eric
Reid to Regional Administrator Michael
Pentony. Under the Magnuson-Stevens
Act, on behalf of the Secretary of
Commerce, the Greater Atlantic
Regional Fisheries Office’s Regional
Administrator approves, disapproves, or
partially approves measures that the
Council proposes, based on consistency
with the Act and other applicable law.
NMFS reviews proposed regulations for
consistency with the fishery
management plan, plan amendment, the
Magnuson-Stevens Act and other
applicable law. The Regional
Administrator is seeking comments on
these proposed regulations and intends
to promulgate the final regulations after
careful consideration of any submitted
comments. Through Framework 65, the
Council proposes to:
• Revise the rebuilding plan for Gulf
of Maine (GOM) cod;
PO 00000
Frm 00019
Fmt 4702
Sfmt 4702
• Set shared U.S./Canada quotas for
Georges Bank (GB) yellowtail flounder
and eastern GB cod and haddock for
fishing years 2023 and 2024;
• Set specifications, including catch
limits for 16 groundfish stocks: GB
haddock, GOM haddock, Southern New
England/Mid-Atlantic (SNE/MA)
yellowtail flounder, Cape Cod (CC)/
GOM yellowtail flounder, American
plaice, witch flounder, GB winter
flounder, GOM winter flounder, SNE/
MA winter flounder, pollock, ocean
pout, Atlantic halibut, and Atlantic
wolffish for fishing years 2023–2025, GB
cod and GB yellowtail flounder for
fishing years 2023–2024; and white
hake for fishing year 2023;
• Remove the management
uncertainty buffer for sectors for GOM
haddock and white hake, if the at-sea
monitoring (ASM) target coverage level
is set at 90 percent or greater for the
2023 fishing year only; and
• Make a temporary modification to
the accountability measures (AM) for
GB cod.
This action also proposes regulatory
corrections that are not part of
Framework 65, but that may be
considered and implemented under
section 305(d) authority in the
Magnuson-Stevens Act to make changes
necessary to carry out the FMP. NMFS
is proposing these corrections in
conjunction with the Framework 65
proposed measures for expediency
purposes. These proposed corrections
are described in Regulatory Corrections
under Secretarial Authority.
Rebuilding Plan for Gulf of Maine Cod
Framework 65 would revise the
rebuilding plan for GOM cod. The
current rebuilding plan for GOM cod, as
implemented by Framework 51 to the
FMP (79 FR 22421, April 22, 2014), has
a target date of 2024. On August 13,
2021, the Regional Administrator
notified the Council that the stock was
not making adequate rebuilding
progress. The deadline to implement a
rebuilding plan is August 13, 2023.
The Magnuson-Stevens Act requires
that overfished stocks be rebuilt as
quickly as possible, not to exceed 10
years when biologically possible,
accounting for the status and biology of
the stocks, the needs of fishing
communities, and the interaction of the
overfished stock within the marine
ecosystem. Rebuilding plans must have
at least a 50-percent probability of
success. Selection of a rebuilding plan
with a higher probability of success is
one way of addressing uncertainty, but
this does not affect the standard used in
the future to determine whether a stock
is rebuilt. The minimum rebuilding time
E:\FR\FM\31MYP1.SGM
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Agencies
[Federal Register Volume 88, Number 104 (Wednesday, May 31, 2023)]
[Proposed Rules]
[Pages 34800-34810]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11471]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-HQ-ES-2023-0053; FF09E21000 FXES1111090FEDR 234]
RIN 1018-BG55
Endangered and Threatened Wildlife and Plants; Endangered Species
Status for Sira Curassow and Southern Helmeted Curassow
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), propose to
list the Sira curassow (Pauxi koepckeae) and southern helmeted curassow
(Pauxi unicornis), two bird species from South America, as endangered
species under the Endangered Species Act of 1973, as amended (Act). If
we finalize this rule as proposed, it would add these species to the
List of Endangered and Threatened Wildlife and extend the Act's
protections to these species.
DATES: We will accept comments received or postmarked on or before July
31, 2023. Comments submitted electronically using the Federal
eRulemaking Portal (see ADDRESSES, below) must be received by 11:59
p.m. eastern time on the closing date. We must receive requests for a
public hearing, in writing, at the address shown in FOR FURTHER
INFORMATION CONTACT by July 17, 2023.
ADDRESSES: You may submit comments by one of the following methods:
(1) Electronically: Go to the Federal eRulemaking Portal: https://www.regulations.gov. In the Search box, enter FWS-HQ-ES-2023-0053,
which is the docket number for this rulemaking. Then, click on the
Search button. On the resulting page, in the panel on the left side of
the screen, under the Document Type heading, check the Proposed Rule
box to locate this document. You may submit a comment by clicking on
``Comment.''
(2) By hard copy: Submit by U.S. mail to: Public Comments
Processing, Attn: FWS-HQ-ES-2023-0053, U.S. Fish and Wildlife Service,
MS: PRB/3W, 5275 Leesburg Pike, Falls Church, VA 22041-3803.
We request that you send comments only by the methods described
above. We will post all comments on https://www.regulations.gov. This
generally means that we will post any personal information you provide
us (see Information Requested, below, for more information).
Availability of supporting materials: Supporting materials, such as
the species status assessment report, are available at https://www.regulations.gov at Docket No. FWS-HQ-ES-2023-0053.
FOR FURTHER INFORMATION CONTACT: Rachel London, Chief, Branch of
Delisting and Foreign Species, Ecological Services Program, U.S. Fish
and Wildlife Service, MS: ES, 5275 Leesburg Pike, Falls Church, VA
22041-3803; telephone 703-358-2171. Individuals in the United States
who are deaf, deafblind, hard of hearing, or have a speech disability
may dial 711 (TTY, TDD, or TeleBraille) to access telecommunications
relay services. Individuals outside the United States should use the
relay services offered within their country to make international calls
to the point-of-contact in the United States.
SUPPLEMENTARY INFORMATION:
Information Requested
We intend that any final action resulting from this proposed rule
will be based on the best scientific and commercial data available and
be as accurate and as effective as possible. Therefore, we request
comments or information from other governmental agencies, Native
American Tribes, the scientific community, industry, or any other
interested parties concerning this proposed rule. We particularly seek
comments concerning:
(1) The species' biology, range, and population trends, including:
(a) Biological or ecological requirements of the species, including
habitat requirements for feeding, breeding, and sheltering;
(b) Genetics and taxonomy;
(c) Historical and current range, including distribution patterns
and the locations of any populations of these species;
(d) Historical and current population levels, and current and
projected trends; and
(e) Past and ongoing conservation measures for the species, their
habitats, or both.
(2) Threats and conservation actions affecting the species,
including:
(a) Factors that may be affecting the continued existence of the
species,
[[Page 34801]]
which may include habitat destruction, modification, or curtailment;
overutilization; disease; predation; the inadequacy of existing
regulatory mechanisms; or other natural or manmade factors.
(b) Biological, commercial trade, or other relevant data concerning
any threats (or lack thereof) to these species.
(c) Existing regulations or conservation actions that may be
addressing threats to these species.
(d) Existing regulations whether either of these species are
protected species in their range countries.
(3) Additional information concerning the historical and current
status of these species.
Please include sufficient information with your submission (such as
scientific journal articles or other publications) to allow us to
verify any scientific or commercial information you include.
Please note that submissions merely stating support for, or
opposition to, the action under consideration without providing
supporting information, although noted, do not provide substantial
information necessary to support a determination. Section 4(b)(1)(A) of
the Act (16 U.S.C. 1533(b)(1)(A)) directs that determinations as to
whether any species is an endangered or a threatened species must be
made solely on the basis of the best scientific and commercial data
available.
You may submit your comments and materials concerning this proposed
rule by one of the methods listed in ADDRESSES. We request that you
send comments only by the methods described in ADDRESSES.
If you submit information via https://www.regulations.gov, your
entire submission--including any personal identifying information--will
be posted on the website. If your submission is made via a hardcopy
that includes personal identifying information, you may request at the
top of your document that we withhold this information from public
review. However, we cannot guarantee that we will be able to do so. We
will post all hardcopy submissions on https://www.regulations.gov.
Comments and materials we receive, as well as supporting
documentation we used in preparing this proposed rule, will be
available for public inspection on https://www.regulations.gov.
Because we will consider all comments and information we receive
during the comment period, our final determinations may differ from
this proposal. Based on the new information we receive (and any
comments on that new information), we may conclude that these species
are threatened instead of endangered, or we may conclude that these
species do not warrant listing as either an endangered species or a
threatened species.
Public Hearing
Section 4(b)(5) of the Act (16 U.S.C. 1533(b)(5)) provides for a
public hearing on this proposal, if requested. Requests must be
received by the date specified in DATES. Such requests must be sent to
the address shown in FOR FURTHER INFORMATION CONTACT. We will schedule
a public hearing on this proposal, if requested, and announce the date,
time, and place of the hearing, as well as how to obtain reasonable
accommodations, in the Federal Register at least 15 days before the
hearing. We may hold the public hearing in person or virtually via
webinar. We will announce any public hearing on our website, in
addition to the Federal Register. The use of virtual public hearings is
consistent with our regulations at 50 CFR 424.16(c)(3).
Previous Federal Actions
We received a petition from the International Council for Bird
Preservation to add 53 foreign bird species, including the southern
helmeted curassow, to the List of Endangered and Threatened Wildlife on
May 6, 1991. On December 16, 1991 (56 FR 65207), we made a substantial
90-day finding that the 53 species may be warranted for listing. On
March 28, 1994 (59 FR 14496), we identified the southern helmeted
curassow as a candidate under the Act. Candidates are those fish,
wildlife, and plants for which we have on file sufficient information
on biological vulnerability and threats to support preparation of a
listing proposal, but for which development of a listing rule is
precluded by other higher priority listing activities. Subsequently, on
May 21, 2004, we considered new information for 73 foreign taxa,
including the southern helmeted curassow, for which we had previously
found listing to be warranted but precluded (69 FR 29354). The 2004
notice retained warranted but precluded findings for 51 of the 73
foreign taxa based on information gathered since 1995; we determined
that the southern helmeted curassow should retain its status as a
candidate species.
At the time we identified the southern helmeted curassow (Pauxi
unicornis) as a candidate in 1994 and the subsequent review in 2004,
the southern helmeted curassow and Sira curassow were considered
subspecies of Pauxi unicornis. However, in 2014, the Sira curassow
(Pauxi koepckeae) was recognized as a full species and became a
candidate species under the Act in 2016 (81 FR 71457; October 17,
2016).
Peer Review
In 2022, a species status assessment (SSA) team prepared an SSA
report for the Sira curassow and southern helmeted curassow. The SSA
team was composed of Service biologists, in consultation with other
species experts. The SSA report represents a compilation of the best
scientific and commercial data available concerning the status of the
species, including the impacts of past, present, and future factors
(both negative and beneficial) affecting the species.
In accordance with our joint policy on peer review published in the
Federal Register on July 1, 1994 (59 FR 34270), and our August 22,
2016, memorandum updating and clarifying the role of peer review of
listing actions under the Act, we solicited independent scientific
review of the information contained in the SSA report. The Service sent
the SSA report to five independent peer reviewers and received one
response. Results of this structured peer-review process can be found
at Docket No. FWS-HQ-ES-2023-0053 on https://www.regulations.gov. In
preparing this proposed rule, we incorporated the results of the
review, as appropriate, into the SSA report, which is the foundation
for this proposed rule.
Summary of Peer Reviewer Comments
As discussed in Peer Review above, we received comments from one
peer reviewer on the draft SSA report. We reviewed all comments we
received from the peer reviewer for substantive issues and new
information regarding the information contained in the SSA report.
The peer reviewer generally concurred with our methods and
conclusion, and provided additional information, clarifications, and
suggestions, including updates on the threat of forest loss within the
range of the southern helmeted curassow. Additionally, the peer
reviewer provided updated observations and distribution of the southern
helmeted curassow throughout its range, particularly in the northern
extent of its range. The peer reviewer's comments did not result in
substantive changes to our analysis and conclusions within the SSA
report. We did not receive any peer-review comments regarding the Sira
curassow.
Proposed Listing Determination
Background
The Sira curassow (Pauxi koepckeae), which is endemic to central
Peru, and
[[Page 34802]]
southern helmeted curassow (or horned curassow; Pauxi unicornis), which
is endemic to central Bolivia, are gallinaceous birds (relating to the
order Galliformes of heavy-bodied, largely terrestrial birds in the
Cracidae family (subfamily Cracinae; del Hoyo 1994, in Hosner et al.
2016, p. 6; del Hoyo et al. 2020a, unpaginated)). Both species are
large (83-94 centimeters (32-37 inches) in length) and relatively
heavy-bodied (about 3.6 kilograms (8 pounds)) with bright red bills and
a pale blue ``helmet'' (casque) atop their heads (del Hoyo et al.
2020b, unpaginated).
Both curassow species occur on the eastern side of the Andes
Mountains of South America, although their ranges do not overlap and
are separated by more than 1,000 kilometers (621 miles)
(Gasta[ntilde]aga et al. 2007, p. 63). The Sira curassow is resident in
cloud forests at mid to high elevation (1,100 to 1,500 meters (3,609 to
4,921 feet) above sea level (asl); Begazo 2022, unpaginated; Beirne et
al. 2017, p. 150; Gasta[ntilde]aga et al. 2011, p. 268) and is known
only from the Cerros del Sira in central Peru, which is an isolated
mountain outcrop of the Peruvian Andes. Almost all the species' range
in the El Sira Communal Reserve (Birdlife International (BLI) 2023a,
unpaginated; Gasta[ntilde]aga et al. 2011, p. 269; Gasta[ntilde]aga et
al. 2007, p. 63; Tobias and del Hoyo 2006, p. 61). The southern
helmeted curassow is resident at lower elevations (400 to 1,400 meters
(1,312 to 4,593 feet) asl) in upper tropical and lower montane zones in
central Bolivia (Herzog and Kessler 1998, pp. 46-47; Cox et al. 1997,
p. 200; Cordier 1971, p. 10; Birds of Bolivia 2019, unpaginated; Beirne
et al. 2017, p. 150), although most observations are between 500 and
900 meters (1,640 to 2,953 feet) asl (Armon[iacute]a 2021, p. 3). The
species occurs only within three national parks in central Bolivia:
Ambor[oacute], Carrasco, and Isiboro-Secur[eacute] Indigenous Territory
and National Park (TIPNIS) (BLI 2023b, unpaginated).
Both the Sira curassow and southern helmeted curassow are endemic
to small areas in relatively narrow elevational bands and are
considered rare, locally uncommon, and their populations are decreasing
(BLI 2023a, unpaginated; 2023b, unpaginated). Population densities for
both species are estimated at less than one individual per square
kilometer. The Sira curassow was surveyed in 2006 and 2008, but
rangewide surveys have not occurred for this species (Gasta[ntilde]aga
et al. 2011, p. 273). The species was observed in one population at
four locations, all located within 30 km of each other
(Gasta[ntilde]aga et al. 2011, p. 273). The Sira curassow's population
is very small (50-249 mature individuals) and occurs within 550 square
kilometers (212 square miles) (BLI 2023a, unpaginated; MacLeod and
Gasta[ntilde]aga in litt. 2014, cited in BLI 2018a, unpaginated). The
southern helmeted curassow was surveyed in 2018 and 2021 in the three
national parks where the species resides. The southern helmeted
curassow's population is also small and is less than what it was
historically, including declining by 90 percent over the past 20 years
(Boorsma 2023, pers. comm., unpaginated). The population is currently
estimated at 1,000-4,999 individuals within 10,700 square kilometers
(4,131 square miles) (BLI 2023b, unpaginated; Armon[iacute]a 2018, pp.
3-4; Boorsma 2023, pers. comm., unpaginated). Information about the
status of both species populations is supplemented with anecdotal
information based on interviews with local indigenous communities. The
following table presents population information for each species:
Table--Sira Curassow and Southern Helmeted Curassow Population Size, Country of Origin, and Distribution. as
Noted Above, the Population Trend for These Species is Decreasing
----------------------------------------------------------------------------------------------------------------
Species Population Country Range/distribution
----------------------------------------------------------------------------------------------------------------
Sira curassow...................... 50 to 249 mature Peru.................... Cerros del Sira; in the El
individuals. Sira Communal Reserve.
Southern helmeted curassow......... 1,000 to 4,999 Bolivia................. Ambor[oacute] and Carrasco
individuals. National Parks and
Isiboro-Secur[eacute]
Indigenous Territory and
National Park (TIPNIS).
----------------------------------------------------------------------------------------------------------------
The Sira curassow and southern helmeted curassows are both large,
ground-dwelling birds very similar in appearance and life history.
Large body size in tropical birds is often associated with large
territory size, small population size, and low reproductive rate
(Pearson et al. 2010, p. 508). The Sira curassow and southern helmeted
curassow likely take at least 2 to 3 years to reach sexual maturity and
have low reproductive outputs as females lay one egg per clutch (Cox et
al. 1997, p. 207; Banks 1998, p. 154). We are not aware of how many
clutches per year these species produce in the wild; however, in
captivity, the southern helmeted curassow produced four clutches within
one year, each with one egg per clutch (Banks 1998, p. 154). Generation
time, which is the average time between two consecutive generations in
lineages of a population, is estimated at 14.5 years (BLI 2023a and
2023b, unpaginated). Detailed information on the biology of both
species is limited because, despite their relatively large size, these
species are difficult to detect and not well studied.
Regulatory and Analytical Framework
Regulatory Framework
Section 4 of the Act (16 U.S.C. 1533) and the implementing
regulations in title 50 of the Code of Federal Regulations set forth
the procedures for determining whether a species is an endangered
species or a threatened species, issuing protective regulations for
threatened species, and designating critical habitat for endangered and
threatened species. In 2019, jointly with the National Marine Fisheries
Service, the Service issued a final rule that revised the regulations
in 50 CFR part 424 regarding how we add, remove, and reclassify
endangered and threatened species and the criteria for designating
listed species' critical habitat (84 FR 45020; August 27, 2019). On the
same day, the Service also issued final regulations that, for species
listed as threatened species after September 26, 2019, no longer
automatically applied the prohibitions that section 9 of the Act
applies to endangered species (84 FR 44753; August 27, 2019).
The Act defines an ``endangered species'' as a species that is in
danger of extinction throughout all or a significant portion of its
range, and a ``threatened species'' as a species that is likely to
become an endangered species within the foreseeable future throughout
all or a significant portion of its range. The Act requires that we
determine whether any species is an endangered species or a threatened
species because of any of the following factors:
(A) The present or threatened destruction, modification, or
curtailment of its habitat or range;
(B) Overutilization for commercial, recreational, scientific, or
educational purposes;
(C) Disease or predation;
[[Page 34803]]
(D) The inadequacy of existing regulatory mechanisms; or
(E) Other natural or manmade factors affecting its continued
existence.
These factors represent broad categories of natural or human-caused
actions or conditions that could have an effect on a species' continued
existence. In evaluating these actions and conditions, we look for
those that may have a negative effect on individuals of the species, as
well as other actions or conditions that may ameliorate any negative
effects or may have positive effects.
We use the term ``threat'' to refer in general to actions or
conditions that are known to or are reasonably likely to negatively
affect individuals of a species. The term ``threat'' includes actions
or conditions that have a direct impact on individuals (direct
impacts), as well as those that affect individuals through alteration
of their habitat or required resources (stressors). The term ``threat''
may encompass--either together or separately--the source of the action
or condition or the action or condition itself.
However, the mere identification of any threat(s) does not
necessarily mean that the species meets the statutory definition of an
``endangered species'' or a ``threatened species.'' In determining
whether a species meets either definition, we must evaluate all
identified threats by considering the species' expected response and
the effects of the threats--in light of those actions and conditions
that will ameliorate the threats--on an individual, population, and
species level. We evaluate each threat and its expected effects on the
species, then analyze the cumulative effect of all of the threats on
the species as a whole. We also consider the cumulative effect of the
threats in light of those actions and conditions that will have
positive effects on the species, such as any existing regulatory
mechanisms or conservation efforts. The Secretary determines whether
the species meets the definition of an ``endangered species'' or a
``threatened species'' only after conducting this cumulative analysis
and describing the expected effect on the species now and in the
foreseeable future.
The Act does not define the term ``foreseeable future,'' which
appears in the statutory definition of ``threatened species.'' Our
implementing regulations at 50 CFR 424.11(d) set forth a framework for
evaluating the foreseeable future on a case-by-case basis. The term
``foreseeable future'' extends only so far into the future as we can
reasonably determine that both the future threats and the species'
responses to those threats are likely. In other words, the foreseeable
future is the period of time in which we can make reliable predictions.
``Reliable'' does not mean ``certain''; it means sufficient to provide
a reasonable degree of confidence in the prediction. Thus, a prediction
is reliable if it is reasonable to depend on it when making decisions.
It is not always possible or necessary to define the foreseeable
future as a particular number of years. Analysis of the foreseeable
future uses the best scientific and commercial data available and
should consider the timeframes applicable to the relevant threats and
to the species' likely responses to those threats in view of its life-
history characteristics. Data that are typically relevant to assessing
the species' biological response include species-specific factors such
as lifespan, reproductive rates or productivity, certain behaviors, and
other demographic factors.
Analytical Framework
The SSA report documents the results of our comprehensive
biological review of the best scientific and commercial data regarding
the status of the species, including an assessment of the potential
threats to the species. The SSA report does not represent our decision
on whether the species should be proposed for listing as an endangered
or threatened species under the Act. However, it does provide the
scientific basis that informs our regulatory decisions, which involve
the further application of standards within the Act and its
implementing regulations and policies.
To assess the viability of Sira curassow and southern helmeted
curassow, we used the three conservation biology principles of
resiliency, redundancy, and representation (Shaffer and Stein 2000, pp.
306-310). Briefly, resiliency is the ability of the species to
withstand environmental and demographic stochasticity (for example, wet
or dry, warm or cold years), redundancy is the ability of the species
to withstand catastrophic events (for example, droughts, large
pollution events), and representation is the ability of the species to
adapt to both near-term and long-term changes in its physical and
biological environment (for example, climate conditions, pathogens). In
general, species viability will increase with increases in (or decrease
with decreases in) resiliency, redundancy, and representation (Smith et
al. 2018, p. 306). Using these principles, we identified the species'
ecological requirements for survival and reproduction at the
individual, population, and species levels, and described the
beneficial and risk factors influencing the species' viability.
The SSA process can be categorized into three sequential stages.
During the first stage, we evaluated the individual species' life-
history needs. The next stage involved an assessment of the historical
and current condition of the species' demographics and habitat
characteristics, including an explanation of how the species arrived at
its current condition. The final stage of the SSA involved making
predictions about the species' responses to positive and negative
environmental and anthropogenic influences. Throughout all of these
stages, we used the best available data to characterize viability as
the ability of a species to sustain populations in the wild over time.
We use this data to inform our regulatory decision.
The following is a summary of the key results and conclusions from
the SSA report; the full SSA report can be found at Docket No. FWS-HQ-
ES-2023-0053 on https://www.regulations.gov.
Summary of Biological Status and Threats
In this discussion, we review the biological condition of the
species and their resources, and the threats that influence the
species' current and future condition, in order to assess the species'
overall viability and the risks to that viability.
The Sira curassow and southern helmeted curassows are both large,
ground-dwelling birds very similar in appearance and life history.
These species occur in the Yungas forests and adjacent evergreen forest
and rely on dense to semi-open primary forested areas with relatively
open understory.
Large tropical birds, such as the two curassow species, are often
associated with large territory size (Pearson et al. 2010, p. 508;
Thorton et al. 2012, p. 572; Rios et al. 2021, p. 418). However, the
forest area or patch size required for the Sira curassow and southern
helmeted curassow is unknown. These species are primarily frugivores
(fruit-eaters) and they require larger forested patch sizes than non-
frugivores because they depend on naturally patchy resources in larger
home ranges. Fragmentation into smaller forest patches could cause
scarcity and a reduction of food resources within those smaller
fragments. As patch size decreases, large-bodied species are generally
at a disadvantage because they need more space to nest and forage
compared to small-ranging species (Kattan et al.
[[Page 34804]]
1994, pp. 141-143; Lees and Peres 2009, pp. 286-288; Lees and Peres
2010, p. 619; Vetter et al. 2011, p. 6; Thorton et al. 2012, p. 572;
Kattan et al. 2016, pp. 27-28; Rios et al. 2021, pp. 416-418). The
forested and steep slopes where the species occur may provide some
protection from human influence.
Hunting, habitat loss and degradation, small population size,
climate change, and protected areas are the main factors that affect
the species' viability throughout their ranges. Hunting is the primary
factor that negatively affects the Sira curassow and southern helmeted
curassow throughout their respective ranges (del Hoyo et al. 2020a,
2020b, unpaginated). Habitat loss and degradation affect both species,
although to a lesser degree than hunting (Rios et al. 2021, p. 418).
Limited loss of forest cover and degradation has occurred within the
range of these species because of small-scale agriculture such as coca
plantations and roadbuilding. However, human incursions into the
protected areas are likely to increase. Because habitat loss and
hunting pressure often work in tandem, further human encroachment into
their habitats that results in deforestation, roadbuilding, and other
land clearance creates opportunities to increase human encounters and
hunting opportunities (Laurance et al. 2009, p. 662). Literature
reviews of several species in the cracid family, including curassows,
demonstrate that they are more likely to persist in forested landscapes
with low human density and greater distance from human settlements,
primarily because these forested areas would be unaffected, or
minimally affected by hunting pressure (Thorton et al. 2012, p. 572;
Kattan et al. 2016, pp. 27-28; Rios et al. 2021, pp. 416-418).
Climate change will result in additional loss of forested habitat
for these species by shifting these species' habitat upslope, reducing
these species' range because the geometric shape of mountains means
there is less area on mountain slopes as elevation increases (Chen et
al. 2011, entire; Freeman et al. 2018, p. 11983; Forero-Medina et al.
2011, entire; Sekercioglu et al. 2012, p. 3). A meta-analysis of
existing data for a suite of taxonomic groups across multiple
geographic regions and a study of tropical birds within the El Sira
Communal Reserve in Peru showed a median shift to higher elevations of
approximately 10 meters per decade (Chen et al 2011, p. 1024; Forero-
Medina et al. 2011, p. 4). In the case of tropical bird species in the
El Sira Communal Reserve, a gradual, upward shift occurred because of
changes in temperature, habitat conditions, and the availability of
food resources (Forero-Medina et al. 2011, p. 4). Because birds are
endothermic and may tolerate a wider range of temperatures, species
that shift their ranges may be responding more to gradual changes in
habitat availability, food resources based on long-lived elements of
their ecosystem (trees), and response of competitors, than to
temperatures, per se (Forero-Medina et al. 2011, p. 4). However,
habitat expansion to newly suitable areas will not take place at the
same rate as habitat loss due to climate change, especially for
relatively sedentary tropical forest species (Sekercioglu et al. 2012,
p. 12). Vegetation changes makes it more difficult for species to find
suitable habitat that will provide their preferred climate envelope and
nesting and foraging needs (Forero-Medina et al. 2011, p. 4).
Almost all the Sira curassow's range is within the El Sira Communal
Reserve in Peru. The southern helmeted curassow's range in Bolivia is
within three national parks: Ambor[oacute], Carrasco, and TIPNIS. The
protected areas where these species occur were designated by laws in
Peru and Bolivia and are primarily inhabited by local indigenous
communities that share management responsibilities with government
ministries. The protected areas have been somewhat successful at
limiting the magnitude of negative effects to biodiversity within the
protected area boundaries. However, the lack of personnel and financial
resources make the enforcement of the protected area boundaries
difficult, which has resulted in the loss of wildlife because of
continued hunting by locals and people from outside the protected areas
and loss of primary forest resulting from small-scale agriculture,
illegal logging, and roadbuilding within the protected area boundaries
(Bucklin 2010, p. 44; Solano 2010, p. 37).
Conservation Efforts and Regulatory Mechanisms
Our evaluation of the status of the species takes into account the
extent to which threats are reduced or removed as a result of
conservation efforts or existing regulatory mechanisms.
Within Peru and Bolivia, we do not have information on whether
either of these species are protected species under existing laws in
their range countries. However, the Sira curassow and southern helmeted
curassow reside in protected areas throughout their respective ranges.
Almost all the Sira curassow's range is within the El Sira Communal
Reserve in Peru. The southern helmeted curassow's range in Bolivia is
within three national parks: Ambor[oacute], Carrasco, and TIPNIS.
In Peru, policies on protected areas were established in the
Natural Protected Areas Act (1997), the Master Plan for Natural
Protected Areas (1999), and the General Environmental Act (2005)
(Solano 2010, pp. 6-7, 46-49). The primary objective of the protected
areas is the conservation of biological diversity (Solano 2010, pp. 12-
13). Protected areas are monitored by the Intendancy of Protected
Natural Areas and managed by the National Service for Natural Protected
Areas, a specialized technical body under the Ministry of the
Environment (Solano 2010, p. 6; Parkswatch 2003, p. 6).
The El Sira Communal Reserve was established in 2001 by a Supreme
Decree (038-2001-AG). The reserve is 616,413 hectares (1.5 million
acres) and was established for the conservation of wildlife and to
acknowledge the rights of indigenous communities on their lands and
consider the traditions and cultures of the local communities (Solano
2010, pp. 10-15, 50; WorldBank 2007, pp. 13-15; Parkswatch 2003, p. 5).
The reserve is classified as an International Union for Conservation of
Nature (IUCN) category VI protected area, which are protected areas
that conserve ecosystems and habitats together with associated cultural
values and traditional natural resource management systems (IUCN 2008,
p. 2). A portion of the area is under sustainable natural resource
management and where low-level non-industrial use of natural resources
compatible with nature conservation is seen as one of the main aims of
the area (IUCN 2023, unpaginated; UN Environment Programme 2020,
unpaginated).
In Bolivia, the Political Constitution of the State (2009) defines
protected areas as a common good that is part of the natural and
cultural heritage of the country and that fulfills environmental,
cultural, social, and economic functions for sustainable development.
Likewise, the Framework Law of Mother Earth and Integral Development
for Living Well (No. 300; 2012) indicates the System of Protected Areas
as one of the main instruments for biodiversity (Elkins et al. 2014, p.
102; Lexivox 2023, unpaginated).
The Bolivian National Protected Area System was established in 1992
through Environmental Law No. 1333 as a collective of interlinked
protected areas of different categories (Wildlife Conservation Society
(WCS) 2017, unpaginated). The core of the system is the national
protected areas, which
[[Page 34805]]
includes Ambor[oacute], Carrasco, and TIPNIS and covers a total of 20
percent of Bolivia. The National Service of Protected Areas (Sernap)
oversees the protected areas of national interest to conserve
biological and cultural diversity (Sernap 2023, unpaginated). The
involvement of local and indigenous communities in park management
plays a vital role to recognize the rights of indigenous and local
communities to preserve their cultural identity, value systems,
knowledge and traditions, and territory (WCS 2017, unpaginated).
Overall, the protected areas in Peru and Bolivia were designated by
laws and have been somewhat successful to limit the magnitude of
negative effects to biodiversity within the protected area boundaries.
The protected areas are in remote areas and far from government
services, which makes enforcement of the protected area boundaries
difficult because there is a lack of personnel and financial resources.
This has resulted in loss of wildlife because of continued hunting and
loss of primary forest within the protected area boundaries (Solano
2010, p. 37; Armon[iacute]a 2018, p. 7).
The nonprofit, nongovernmental organization Asociati[oacute]n
Armon[iacute]a (Armon[iacute]a) has initiated educational campaigns to
raise awareness and discourage hunting of both species. The program
works with local and indigenous communities to protect wild bird
populations through management of protected areas and reducing threats
(Armon[iacute]a 2018, p. 1; Gasta[ntilde]aga et al. 2011, p. 277;
Gasta[ntilde]aga 2006, p. 11; Gasta[ntilde]aga and Hennessey 2005, p.
21).
The Sira curassow is classified as critically endangered on the
IUCN Red List (IUCN 2023a, unpaginated). Sira curassow is not known to
be in international trade and is not included in the Appendices to the
Convention on International Trade in Endangered Species of Wild Fauna
and Flora (CITES).
The southern helmeted curassow is classified as critically
endangered on the IUCN Red List (IUCN 2023b, unpaginated). Trade has
not been noted internationally and the species is not included in the
Appendices to CITES. The species is listed on Annex D of the European
Union Wildlife Trade Regulations; species listed on Annex D require the
importer to complete an import-notification form.
Current Condition
We considered the ecology of the Sira curassow and southern
helmeted curassow and factors that influence their viability to assess
their current conditions, including their resiliency, redundancy,
representation, and their overall viability. We know of minimal
occurrence records and both species are narrow endemics; thus, we
assess resiliency, redundancy, and representation range wide for both
species.
We gauge resiliency for the Sira curassow and southern helmeted
curassow by evaluating their population abundance, the availability and
condition of habitat throughout their respective ranges, and these
species' life history traits that minimize their ability to rapidly
recover from disturbances and population losses.
Both the Sira curassow and southern helmeted curassow are
considered rare, locally uncommon, and decreasing (BLI 2023a, 2023b).
The Sira curassow's population is very small (50-249 mature
individuals); the southern helmeted curassow's population is also
small, declined by 90 percent over the past 20 years, and is currently
estimated at 1,000-4,999 individuals. The species are endemic to small
areas in relatively narrow elevational bands. The species' ranges are
mostly within protected areas that are intact forest landscapes that
show no to minimal signs of human alteration. However, the species'
habitats are subject to some deforestation resulting from small-scale
illegal agriculture and road construction that spawns additional small-
scale development. Over a 20-year period between 2000 and 2020, only 62
hectares (153 acres), or 0.16 percent, of forest cover has been lost
within the range of the Sira curassow, and 27,320 hectares (67,509
acres), or 3.33 percent, of forest cover has been lost within the range
of the southern helmeted curassow. Most of the forest cover loss in the
region is outside the range of the species and outside the protected
areas where the species occur. Although, human encroachment is
increasing into the protected areas, particularly because of small-
scale coca plantations.
Hunting is ongoing and will continue in the future. Both species
are more likely to persist in patches located further from settlements
and in forested landscapes with low human density, primarily because
these areas would be unaffected, or minimally affected by hunting. The
presence of local indigenous communities in addition to people from
outside the protected areas that engage in small-scale agricultural
activities or create inroads that further increase human presence into
the species' habitats results in overexploitation of these species. Low
rates of reproduction and slow recovery of these species' populations
make it difficult for these species to tolerate high levels of
continuous hunting. Because these species are endemic to small ranges
and have population sizes that are decreasing, combined with low rates
of reproduction and recovery, the Sira curassow and southern helmeted
curassow are not likely to be resilient to ongoing threats.
We gauge redundancy of these species by assessing the number and
distribution of their populations relative to any anticipated
catastrophic events within the species' ranges. Redundancy also depends
on availability of quality habitat throughout these species' respective
ranges. Because most of the current habitat is intact, even though the
species are restricted to relatively narrow ranges, we expect the
species to have some level of redundancy. An increase of fires in humid
forest habitat and road building that are directly drying the
landscape, combined with climate change that causes suitable habitat to
shift upslope and is expected to result in the loss of a substantial
amount of montane forest ecosystems within these species' ranges in the
future, could be catastrophic for these species in the future. We are
not aware of any other catastrophic events anticipated within the range
of these species that could lead to collapse of these species'
populations.
The Sira curassow is known only from the Cerros del Sira region of
central Peru in the El Sira Communal Reserve. Surveys in 2006 and 2008
observed the species in one population at four locations, all located
within 30 km of each other (Gasta[ntilde]aga et al. 2011, p. 273).
Because the population and range are very small, we assume the species
has minimal redundancy. The southern helmeted curassow has moderate
redundancy and is known to occur at 10 total sites in Ambor[oacute],
Carrasco, and TIPNIS, which is an area that is likely to hold the
largest remaining population (Armon[iacute]a 2018, pp. 3-4;
Armon[iacute]a 2021, entire; Armon[iacute]a 2022, unpaginated; Boorsma
2023, pers. comm). We have no information on the connectivity between
populations (Armon[iacute]a 2018, p. 7). The available data of
population size and distribution for these species is minimal and there
is uncertainty regarding the number of extant populations for both
species throughout their ranges.
We gauge representation of these species by assessing their ability
to adapt to changes in their physical and biological environments
because the ability to adapt is essential for species' viability. Both
species are restricted to narrow elevational bands of Yungas Forest and
adjacent evergreen forest on
[[Page 34806]]
the east side of the Andes Mountains. Microhabitats within these
species' ranges are likely present because the birds move within their
respective habitats in response to patchy resource availability. In
2014, these species were determined to be distinct species, but we have
no information about the genetic diversity within each species and
there is no information on the degree to which these species exhibit
behavioral plasticity, so the ability to assess representation is
limited.
As part of the SSA, we developed two future-condition scenarios to
capture the range of uncertainties regarding future threats and the
projected responses by the Sira curassow and southern helmeted
curassow. The scenarios assumed an increased probability of forest
cover loss, continued hunting pressure, and ongoing designation of the
protected areas where the species occur. The best available information
indicates that both species' populations and distributions will decline
in the future. However, because we have determined that the Sira
curassow and southern helmeted curassow meet the definition of an
endangered species based on their current conditions (see
Determinations for the Status of Sira Curassow and Southern Helmeted
Curassow, below), we are not presenting the results of the future
scenarios in this proposed rule. Please refer to the SSA report
(Service 2023, entire) for the full analysis of future scenarios.
We note that, by using the SSA framework to guide our analysis of
the scientific information documented in the SSA report, we have
analyzed the cumulative effects of identified threats and conservation
actions on the species. To assess the current and future condition of
the species, we evaluate the effects of all the relevant factors that
may be influencing the species, including threats and conservation
efforts. Because the SSA framework considers not just the presence of
the factors, but to what degree they collectively influence risk to the
entire species, our assessment integrates the cumulative effects of the
factors and replaces a standalone cumulative-effects analysis.
Determinations for the Status of Sira Curassow and Southern Helmeted
Curassow
Section 4 of the Act (16 U.S.C. 1533) and its implementing
regulations (50 CFR part 424) set forth the procedures for determining
whether a species meets the definition of an endangered species or a
threatened species. The Act defines an ``endangered species'' as a
species in danger of extinction throughout all or a significant portion
of its range and a ``threatened species'' as a species likely to become
an endangered species within the foreseeable future throughout all or a
significant portion of its range. The Act requires that we determine
whether a species meets the definition of an endangered species or a
threatened species because of any of the following factors: (A) The
present or threatened destruction, modification, or curtailment of its
habitat or range; (B) overutilization for commercial, recreational,
scientific, or educational purposes; (C) disease or predation; (D) the
inadequacy of existing regulatory mechanisms; or (E) other natural or
manmade factors affecting its continued existence.
Status Throughout All of Its Range--Sira Curassow
We have carefully assessed the best scientific and commercial data
available regarding the past, present, and future threats to the Sira
curassow. The best available information indicates that the Sira
curassow is a narrow endemic with a very small population size of 50 to
249 mature individuals that is decreasing (BLI 2023a; unpaginated;
MacLeod and Gasta[ntilde]aga in litt. 2014, cited in BLI 2018a,
unpaginated).
The species is known only from the Cerros del Sira region of
central Peru in the El Sira Communal Reserve. The Sira curassow is not
likely to be highly resilient to ongoing threats. The resilience of the
Sira curassow is based on population abundance, the availability of
quality habitat throughout its range, and the species' life history
traits that minimize recovery from disturbances and population losses.
The El Sira Communal Reserve has been somewhat successful at limiting
the loss of forest cover from small-scale agriculture activities,
although small-scale agriculture is increasing within the protected
area. Over a 20-year period between 2000 and 2020, only 62 hectares
(153 acres), or 0.16 percent, of forest cover has been lost within the
range of the species. However, the species has historically faced and
continues to face hunting pressure, and human incursions into the
protected area are increasing.
Precise estimates of hunting pressure on the Sira curassow do not
exist given the difficulty of monitoring and documenting hunting
activities. Generally, curassows rank as the highest category of avian
biomass taken by subsistence hunters (Strahl and Grajal 1991, p. 51).
Local indigenous communities in addition to people from outside the
protected areas that encroach into the species' habitat results in
overexploitation of the species. Literature reviews of several species
in the cracid family, including curassows, demonstrate that they are
more likely to occur in forested landscapes with low human density and
in patches located further from settlements, primarily because these
forested areas would be unaffected, or minimally affected by hunting
pressure (Kattan et al. 2016, pp. 27-28; Rios et al. 2021, pp. 416-418;
Thorton et al. 2012, p. 572). The viability of the Sira curassow is
likely more affected by hunting than habitat loss and degradation,
although habitat loss and hunting pressure often work in tandem because
incursions into forested areas for small-scale agriculture and
roadbuilding create more opportunities for hunters (Rios et al. 2021,
p. 418).
Climate change has caused and will cause a loss of the species'
habitat, which is particularly detrimental to endemic species that are
restricted to narrow elevational bands (Velasquez-Tibata et al. 2012,
p. 235). Climate change shifts the species' habitat upslope, reducing
the species' range because the geometric shape of mountains means there
is less area on mountain slopes as elevation increases (Chen et al.
2011, entire; Freeman et al. 2018, p. 11983; Forero-Medina et al. 2011,
entire; Sekercioglu et al. 2012, p. 3). Even though birds are
endothermic and may tolerate a wider range of temperatures, the Sira
curassow is not known to have great dispersal capabilities, making them
unlikely to colonize new areas if their current habitat is damaged by
climate change and other anthropogenic factors (Foster 2001, p. 73).
We are not aware of the number of Sira curassow populations that
occur within its limited range in the El Sira Mountains because the
species is not well studied and rangewide surveys for the species do
not exist, but the best available information indicates that the
species has a low area of occurrence and occupancy. Because the
population size and its range are very small, we find the species
likely has minimal redundancy throughout its range. We are also not
aware of any information about the genetic diversity in the Sira
curassow, and there is no information on the degree to which the
species exhibits behavioral plasticity, so the ability to assess
representation is limited for the species. However, the species likely
has low representation because it is endemic to the El Sira Mountains
and occurs only within 550 square kilometers (212 square miles) in a
narrow elevational band.
[[Page 34807]]
Overall, the species has a very small population and is considered
rare, locally uncommon, and its population is decreasing (BLI 2023a,
unpaginated). The species is long-lived, has a long generation time and
low reproductive output. Low reproductive output in conjunction with
other factors like a high degree of habitat specialization, small
population size, and low vagility (ability of an organism to move
freely) typically equate to low innate adaptive capacity (Thurman et
al. 2020, entire). The Sira curassow's low redundancy combined with the
species not likely being highly resilient to ongoing threats and having
minimal capacity to adapt to ongoing threats limits the viability of
the Sira curassow in the face of ongoing threats. After assessing the
best scientific and commercial information available, we conclude that
the Sira curassow currently lacks sufficient resiliency, redundancy,
and representation for its continued existence to be secure.
Thus, after evaluating the best scientific and commercial data
available regarding threats to the species and assessing the cumulative
effect of the threats under the Act's section 4(a)(1) factors, we
determine that the Sira curassow is in danger of extinction throughout
all of its range. The species does not fit the statutory definition of
a threatened species because it is currently in danger of extinction,
whereas threatened species are those likely to become in danger of
extinction within the foreseeable future.
Status Throughout All of Its Range--Southern Helmeted Curassow
We have carefully assessed the best scientific and commercial
information available regarding the past, present, and future threats
to the southern helmeted curassow. The best available information
indicates that the southern helmeted curassow is a narrow endemic with
a small population size of 1,000 to 4,999 mature individuals that is
decreasing (BLI 2023b, unpaginated; BLI 2018b, unpaginated).
The southern helmeted curassow is not likely to be highly resilient
to ongoing threats. The species' resiliency is based on population
abundance, the availability of quality habitat throughout its range,
and the species' life history traits that minimize recovery from
disturbances and population losses. Even though the species resides in
three national parks in central Bolivia that have been somewhat
successful at limiting the loss of forest cover from small-scale
agriculture activities, small-scale agriculture is increasing within
the protected areas, particularly because of coca plantations. Over a
20-year period between 2000 and 2020, 27,320 hectares (67,509 acres),
or 3.33 percent, of forest cover has been lost within the range of the
species. The southern helmeted curassow is likely more affected by
hunting than habitat loss and degradation (Rios et al. 2021, p. 418).
The species has historically faced and continues to face hunting
pressure. Hunting increases with associated habitat loss, and human
incursions into the protected areas are increasing.
Precise estimates of hunting pressure do not exist given the
difficulty of monitoring and documenting hunting activities. Between
2001 and 2004, surveys showed that the largest known population of
southern helmeted curassow declined from 20 singing males to zero
because the birds were hunted by incursions of coca growers into the
area (MacLeod et al. 2006, p. 62; MacLeod 2009, p. 16). However, in
2017-2018, curassows were observed at this site (Boorsma 2023, pers.
comm.). Additionally, in TIPNIS, there are records of southern helmeted
curassows being hunted and eaten by community members (Boorsma 2023,
pers. comm.). Local indigenous communities in addition to people from
outside the protected areas that encroach into the species' habitat
results in overexploitation of the species. Generally, curassows rank
as the highest category of avian biomass taken by subsistence hunters
(Strahl and Grajal 1991, p. 51). Literature reviews of several cracid
species, including curassows, demonstrate that they are more likely to
occur in forested landscapes with low human density and in patches
located further from settlements (Kattan et al. 2016, pp. 27-28; Rios
et al. 2021, pp. 416-418; Thorton et al. 2012, p. 572).
Climate change has caused and will cause a loss of the species'
habitat, which is particularly detrimental to endemic species that are
restricted to narrow elevational bands (Velasquez-Tibata et al. 2012,
p. 235). Climate change shifts the species' habitat upslope, reducing
the species' range because the geometric shape of mountains means there
is less area on mountain slopes as elevation increases (Chen et al.
2011, entire; Freeman et al. 2018, p. 11983; Forero-Medina et al. 2011,
entire; Sekercioglu et al. 2012, p. 3). Even though birds are
endothermic and may tolerate a wider range of temperatures, the
southern helmeted curassow is not known to have great dispersal
capabilities, making them unlikely to colonize new areas if their
current habitat is damaged by climate change and other anthropogenic
factors (Foster 2001, p. 73).
The best available data indicates the southern helmeted curassow is
known from 10 locations spread throughout the 3 national parks; we are
not aware of any information regarding the connectivity between the
known occurrences. Therefore, even though the species' population and
range are small, the species has some redundancy throughout its range.
However, the species' range is smaller than it was historically, and
its population has been reduced by 90 percent over the past 20 years
(Armon[iacute]a 2018, p. 7; Boorsma 2023, pers. comm). We are not aware
of any information about the genetic diversity in the southern helmeted
curassow, and there is no information on the degree to which the
species exhibits behavioral plasticity, so the ability to assess
representation is limited for the species. However, the species likely
has low representation because it is endemic to the three national
parks within a narrow elevational band and occurs only within 10,700
square kilometers (2,644,028 acres).
Overall, the species has a small population and is considered rare,
locally uncommon, and its population is decreasing (BLI 2018b,
unpaginated; Birds of Bolivia 2019, unpaginated; BLI 2023b,
unpaginated). The species is long-lived, has a long generation time,
and low reproductive output. Low reproductive output in conjunction
with other factors like a high degree of habitat specialization, small
population size, and low vagility typically equates to low innate
adaptive capacity (Thurman et al. 2020, entire). The southern helmeted
curassow's moderate redundancy combined with the species not likely
being highly resilient to ongoing threats and having minimal capacity
to adapt to ongoing threats limits the viability of the southern
helmeted curassow in the face of ongoing threats. After assessing the
best scientific and commercial information available, we conclude that
the southern helmeted curassow currently lacks sufficient resiliency,
redundancy, and representation for its continued existence to be
secure.
Thus, after evaluating the best scientific and commercial data
available regarding threats to the species and assessing the cumulative
effect of the threats under the Act's section 4(a)(1) factors, we
determine that the southern helmeted curassow is in danger of
extinction throughout all of its range. The species does not fit the
statutory definition of a threatened species because it is currently in
danger of
[[Page 34808]]
extinction, whereas threatened species are those likely to become in
danger of extinction within the foreseeable future.
Status Throughout a Significant Portion of Their Ranges
Under the Act and our implementing regulations, a species may
warrant listing if it is in danger of extinction or likely to become so
in the foreseeable future throughout all or a significant portion of
its range. We have determined that the Sira curassow is in danger of
extinction throughout all of its range, and the southern helmeted
curassow is in danger of extinction throughout all of its range, and
accordingly did not undertake an analysis of any significant portion of
their ranges. Because the Sira curassow and southern helmeted curassow
warrant listing as endangered throughout all of their ranges, our
determination does not conflict with the decision in Center for
Biological Diversity v. Everson, 435 F. Supp. 3d 69 (D.D.C. 2020),
which vacated the provision of the Final Policy on Interpretation of
the Phrase ``Significant Portion of Its Range'' in the Endangered
Species Act's Definitions of ``Endangered Species'' and ``Threatened
Species'' (79 FR 37578, July 1, 2014) providing that if the Services
determine that a species is threatened throughout all of its range, the
Services will not analyze whether the species is endangered in a
significant portion of its range.
Determination of Status for the Sira Curassow and Southern Helmeted
Curassow
Our review of the best available scientific and commercial data
indicates that both the Sira curassow and the southern helmeted
curassow meet the definition of an endangered species. Therefore, in
accordance with sections 3(6) and 4(a)(1) of the Act, we propose to add
the Sira curassow and southern helmeted curassow as endangered species
to the List of Endangered and Threatened Wildlife in 50 CFR 17.11(h).
Available Conservation Measures
The purposes of the Act are to provide a means whereby the
ecosystems upon which endangered species and threatened species depend
may be conserved, to provide a program for the conservation of such
endangered species and threatened species, and to take such steps as
may be appropriate to achieve the purposes of the treaties and
conventions set forth in the Act. Under the Act, a number of steps are
available to advance the conservation of species listed as endangered
or threatened species. As explained further below, these conservation
measures include: (1) recognition, (2) recovery actions, (3)
requirements for Federal protection, (4) financial assistance for
conservation programs, and (5) prohibitions against certain activities.
Recognition through listing results in public awareness, as well as
in conservation by Federal, State, Tribal, and local agencies, foreign
governments, private organizations, and individuals. The Act encourages
cooperation with the States and other countries and calls for recovery
actions to be carried out for listed species.
Our regulations at 50 CFR part 402 implement the interagency
cooperation provisions found under section 7 of the Act. Under section
7(a)(1) of the Act, Federal agencies are to use, in consultation with
and with the assistance of the Service, their authorities in
furtherance of the purposes of the Act. Section 7(a)(2) of the Act, as
amended, requires Federal agencies to ensure, in consultation with the
Service, that any action authorized, funded, or carried out by such
agency is not likely to jeopardize the continued existence of a listed
species or result in destruction or adverse modification of its
critical habitat.
A Federal ``action'' that is subject to the consultation provisions
of section 7(a)(2) is defined in our implementing regulations at 50 CFR
402.02 as all activities or programs of any kind authorized, funded, or
carried out, in whole or in part, by Federal agencies in the United
States or upon the high seas. With respect to the Sira curassow and
southern helmeted curassow, no known actions require consultation under
section 7(a)(2) of the Act. Given the regulatory definition of
``action,'' which clarifies that it applies to activities or programs
``in the United States or upon the high seas,'' the Sira curassow and
southern helmeted curassow are unlikely to be the subject of section 7
consultations, because the entire life cycles of the species occur in
terrestrial areas outside of the United States and are unlikely to be
affected by U.S. Federal actions. Additionally, no critical habitat
will be designated for these species because, under 50 CFR 424.12(g),
we will not designate critical habitat within foreign countries or in
other areas outside of the jurisdiction of the United States.
Section 8(a) of the Act (16 U.S.C. 1537(a)) 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 Act (16
U.S.C. 1537(b) and (c)) 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 Act puts in place prohibitions against particular actions. When
a species is listed as endangered, certain actions are prohibited under
section 9 of the Act and are implemented through our regulations in 50
CFR 17.21. For endangered wildlife, these include prohibitions under
section 9(a)(1) of the Act on import; export; delivery, receipt,
carriage, transport, or shipment in interstate or foreign commerce, by
any means whatsoever and in the course of commercial activity; and sale
or offer for sale in interstate or foreign commerce of any endangered
species. It is also illegal to take within the United States or on the
high seas; or to possess, sell, deliver, carry, transport, or ship, by
any means whatsoever, any endangered species that have been taken in
violation of the Act. It is unlawful to attempt to commit, to solicit
another to commit or to cause to be committed, any of these acts.
Exceptions to the prohibitions for endangered species may be granted in
accordance with section 10 of the Act and our regulations at 50 CFR
17.22.
We may issue permits to carry out otherwise prohibited activities
involving endangered wildlife species under certain circumstances.
Regulations governing permits for endangered species are codified at 50
CFR 17.22, and general Service permitting regulations are codified at
50 CFR part 13. With regard to endangered wildlife, a permit may be
issued: for scientific purposes, for enhancing the propagation or
survival of the species, or for take incidental to otherwise lawful
activities. The statute also contains certain exemptions from the
prohibitions, which are found in sections 9 and 10 of the Act.
The Service may also register persons subject to the jurisdiction
of the United States through its captive-bred wildlife (CBW) program if
certain established requirements are met under the CBW regulations (see
50 CFR 17.21(g)). Through a CBW registration, the Service may allow a
registrant to conduct certain otherwise prohibited activities under
certain circumstances to enhance the propagation or survival of the
affected species, including take; export or re-import; delivery,
receipt, carriage, transport, or shipment in interstate or foreign
commerce in the course of a commercial activity; or sale or offer for
sale in interstate or foreign commerce. A
[[Page 34809]]
CBW registration may authorize interstate purchase and sale only
between entities that both hold a registration for the taxon concerned.
The CBW program is available for species having a natural geographic
distribution not including any part of the United States and other
species that the Service Director has determined to be eligible by
regulation. The individual specimens must have been born in captivity
in the United States.
It is our policy, as published in the Federal Register on July 1,
1994 (59 FR 34272), to identify to the maximum extent practicable at
the time a species is listed, those activities that would or would not
constitute a violation of section 9 of the Act. The intent of this
policy is to increase public awareness of the effect of a listing on
proposed and ongoing activities within the range of the species.
At this time, we are unable to identify specific activities that
will not be considered likely to result in a violation of section 9 of
the Act beyond what is already clear from the descriptions of
prohibitions or already excepted through our regulations at 50 CFR
17.21. Also, as discussed above, certain activities that are prohibited
under section 9 may be permitted under section 10 of the Act.
Additionally, we are unable to identify specific activities that will
be considered likely to result in a violation of section 9 of the Act
beyond what is already clear from the descriptions of the prohibitions
at 50 CFR 17.21.
Applicable wildlife import/export requirements established under
Section 9(d)-(f) of the Act, the Lacey Act Amendments of 1981 (16
U.S.C. 3371, et seq.), and 50 CFR part 14 must also be met for the Sira
curassow and southern helmeted curassow imports and exports. Questions
regarding whether specific activities would constitute a violation of
section 9 of the Act should be directed to the Management Authority
([email protected]; 703-358-2104).
Required Determinations
Clarity of the Rule
We are required by Executive Orders 12866 and 12988 and by the
Presidential Memorandum of June 1, 1998, to write all rules in plain
language. This means that each rule we publish must:
(1) Be logically organized;
(2) Use the active voice to address readers directly;
(3) Use clear language rather than jargon;
(4) Be divided into short sections and sentences; and
(5) Use lists and tables wherever possible.
If you feel that we have not met these requirements, send us
comments by one of the methods listed in ADDRESSES. To better help us
revise the rule, your comments should be as specific as possible. For
example, you should tell us the numbers of the sections or paragraphs
that are unclearly written, which sections or sentences are too long,
the sections where you feel lists or tables would be useful, etc.
National Environmental Policy Act (42 U.S.C. 4321 et seq.)
We have determined that environmental assessments and environmental
impact statements, as defined under the authority of the National
Environmental Policy Act (42 U.S.C. 4321 et seq.), need not be prepared
in connection with listing a species as an endangered or threatened
species under 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 references cited in this rulemaking is available
on the internet at https://www.regulations.gov in Docket No. FWS-HQ-ES-
2023-0053 and upon request from the Headquarters Ecological Services
Field Office (see FOR FURTHER INFORMATION CONTACT).
Authors
The primary authors of this proposed rule are the staff members of
the Fish and Wildlife Service's Species Assessment Team and the Branch
of Delisting and Foreign Species.
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Plants,
Reporting and recordkeeping requirements, Transportation, Wildlife.
Proposed Regulation Promulgation
Accordingly, we propose to amend part 17, subchapter B of chapter
I, title 50 of the Code of Federal Regulations, as set forth below:
PART 17--ENDANGERED AND THREATENED WILDLIFE AND PLANTS
0
1. The authority citation for part 17 continues to read as follows:
Authority: 16 U.S.C. 1361-1407; 1531-1544; and 4201-4245, unless
otherwise noted.
0
2. In Sec. 17.11, amend paragraph (h) by adding an entry for
``Curassow, Sira'' and an entry for ``Curassow, southern helmeted'' to
the List of Endangered and Threatened Wildlife in alphabetical order
under BIRDS to read as follows:
Sec. 17.11 Endangered and threatened wildlife.
* * * * *
(h) * * *
----------------------------------------------------------------------------------------------------------------
Listing citations and
Common name Scientific name Where listed Status applicable rules
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Birds
* * * * * * *
Curassow, Sira.................. Pauxi koepckeae.... Wherever found.... E [Federal Register
citation when
published as a final
rule].
Curassow, southern helmeted Pauxi unicornis.... Wherever found.... E [Federal Register
(=horned curassow). citation when
published as a final
rule].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[[Page 34810]]
Martha Williams,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2023-11471 Filed 5-30-23; 8:45 am]
BILLING CODE 4333-15-P