Endangered and Threatened Wildlife and Plants; Endangered Species Status for Sira Curassow and Southern Helmeted Curassow, 60319-60328 [2024-16003]

Agencies

• Fish and Wildlife Service
• DEPARTMENT OF THE INTERIOR

[Federal Register Volume 89, Number 143 (Thursday, July 25, 2024)]
[Rules and Regulations]
[Pages 60319-60328]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-16003]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-HQ-ES-2023-0053; FXES1111090FEDR-245-FF09E22000]
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: Final rule.

-----------------------------------------------------------------------

SUMMARY: We, the U.S. Fish and Wildlife Service (Service), determine 
endangered species status under the Endangered Species Act of 1973 
(Act), as amended, for the Sira curassow (Pauxi koepckeae) and southern 
helmeted curassow (Pauxi unicornis), two bird species from South 
America. This rule extends the protections of the Act to these species.

DATES: This rule is effective August 26, 2024.

ADDRESSES: This final rule is available on the internet at https://www.regulations.gov. Comments and materials we received are available 
for public inspection at https://www.regulations.gov at Docket No. FWS-
HQ-ES-2023-0053.
    Availability of supporting materials: Supporting materials we used 
in preparing this rule, 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, Manager, 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 703-358-2491. 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:

Previous Federal Actions

    Please refer to the proposed listing rule (88 FR 34800) for the 
Sira curassow and southern helmeted curassow published on May 31, 2023, 
for a detailed description of previous Federal actions concerning these 
species.

Peer Review

    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 these species, 
including the impacts of past, present, and future factors (both 
negative and beneficial) affecting these 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 in 
listing actions under the Act, we solicited independent scientific 
review of the information contained in the Sira curassow and southern 
helmeted curassow SSA report. As discussed in the proposed rule, we 
sent the SSA report to five independent peer reviewers and received one 
response. The peer review can be found at https://www.regulations.gov 
under Docket No. FWS-HQ-ES-2023-0053. In preparing the proposed rule, 
we incorporated the results of this review, as appropriate, into the 
SSA report, which was the foundation for the proposed rule and this 
final rule. A summary of the peer review comments and our responses can 
be found in the proposed rule (88 FR 34800; May 31, 2023).

Summary of Changes From the Proposed Rule

    In this final rule, we make no substantive changes from the May 31, 
2023, proposed rule (88 FR 34800) after considering the comments we 
received during the comment period.

Summary of Comments and Recommendations

    In the proposed rule published on May 31, 2023 (88 FR 34800), we 
requested that all interested parties submit written comments on the 
proposal by July 31, 2023. We also contacted appropriate Federal 
agencies, scientific experts and organizations, and other interested 
parties and invited them to comment on the proposal. All substantive 
information received during comment periods has either been 
incorporated directly into this final determination or is addressed 
below.

Public Comments

    We considered all comments and information we received from the 
public during the comment period for the proposed listing of the Sira 
curassow and southern helmeted curassow. We received a total of five 
comments from the public, all of which support the proposed listing of 
these species as endangered.
    One commenter suggested that both species may be in international 
trade because there may be demand for species in the Pauxi genus, 
particularly for ornamental use of the species' helmet (casque). The 
commenter provided some examples of trade in Pauxi species; however, 
the species involved were either not the Sira or southern helmeted 
curassow or the species were not determined. While the commenter noted 
some efforts to regulate and monitor international trade in southern 
helmeted curassow by other countries, international trade has not been 
noted for the Sira curassow or southern helmeted curassow in 
assessments of these species (BLI 2023a and 2023b, unpaginated; IUCN 
2023b and IUCN 2023c, unpaginated). Our evaluation of the best 
available data does not indicate international trade is a threat to 
either species. However, as explained in further detail below, 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 determined 
endangered species status for each species as proposed.
    Four of the five public comments suggested that the length of time 
between when we were petitioned to list the southern helmeted curassow 
in 1991 and the proposed listing in 2023 is too long, particularly 
because we had determined the species was warranted for listing in 1994 
but precluded by other priorities. We recognize the length of time 
between first making the southern helmeted curassow a

[[Page 60320]]

candidate species and this final listing rule. For more information on 
our process and progress making listing decisions for foreign species, 
see the annual review of candidate species, annual notification of 
findings on resubmitted petitions, and description of progress on 
listing actions (88 FR 41560; June 27, 2023). In June 2023, the Service 
released its most recent Foreign Species Workplan for addressing the 
Act's foreign listing decisions, which is available online at: https://www.fws.gov/project/foreign-species-listing-workplan.

I. Final Listing Determination

Background

    A thorough review of the taxonomy, life history, and ecology of the 
Sira curassow (Pauxi koepckeae) and southern helmeted curassow (or 
horned curassow; Pauxi unicornis) is presented in the SSA report 
(version 1; Service 2023, pp. 2-8).
    The Sira curassow, which is endemic to central Peru, and southern 
helmeted curassow, 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 (km) (621 miles (mi)) 
(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 (m) 
(3,609 to 4,921 feet (ft)) 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 that 
is an isolated mountain outcrop of the Peruvian Andes. Almost all the 
species' range is within 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 m (1,312 to 4,593 ft) 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 m (1,640 to 2,953 ft) 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 with densities estimated at less than 
one individual per square kilometer, and their populations are 
decreasing (BLI 2023a and 2023b, unpaginated). 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 
(18.6 mi) 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 (km\2\) (212 square miles 
(mi\2\)) (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.). The 
population is currently estimated at 1,000-4,999 individuals within 
10,700 km\2\ (4,131 mi\2\) (BLI 2023b, unpaginated; Armon[iacute]a 
2018, pp. 3-4; Boorsma 2023, pers. comm.). 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
----------------------------------------------------------------------------------------------------------------
               Species                        Population                Country             Range/distribution
----------------------------------------------------------------------------------------------------------------
Sira curassow........................  50 to 249 mature         Peru...................  Cerros del Sira; in the
                                        individuals.                                      El Sira Communal
                                                                                          Reserve.
Southern helmeted curassow...........  1,000 to 4,999           Bolivia................  Ambor[oacute] and
                                        individuals.                                      Carrasco National
                                                                                          Parks and Isiboro-
                                                                                          Secur[eacute]
                                                                                          Indigenous Territory
                                                                                          and National Park
                                                                                          (TIPNIS).
----------------------------------------------------------------------------------------------------------------

    The Sira curassow and southern helmeted curassow 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 
1 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. On April 5, 2024, jointly with the National Marine 
Fisheries Service, the Service issued a final rule that revised the 
regulations in

[[Page 60321]]

50 CFR part 424 regarding how we add, remove, and reclassify endangered 
and threatened species and what criteria we apply when designating 
listed species' critical habitat (89 FR 24300). On the same day, the 
Service published a final rule revising our protections for endangered 
species and threatened species at 50 CFR part 17 (89 FR 23919). These 
final rules are now in effect and are incorporated into the current 
regulations. Our analysis for this final decision applied our current 
regulations. Given that we proposed listing the Sira curassow and 
southern helmeted curassow under our prior regulations (revised in 
2019), we have also undertaken an analysis of whether our decision 
would be different if we had continued to apply the 2019 regulations; 
we concluded that the decision would be the same. The analyses under 
both the regulations currently in effect and the 2019 regulations are 
available on https://www.regulations.gov.
    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;
    (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 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.
    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 which is 
further described in the 2009 Memorandum Opinion on the foreseeable 
future from the Department of the Interior, Office of the Solicitor (M-
37021, January 16, 2009; ``M-Opinion,'' available online at https://www.doi.gov/sites/doi.opengov.ibmcloud.com/files/uploads/M-37021.pdf). 
The foreseeable future extends as far into the future as the U.S. Fish 
and Wildlife Service and National Marine Fisheries Service (hereafter, 
the Services) can make reasonably reliable predictions about the 
threats to the species and the species' responses to those threats. We 
need not identify the foreseeable future in terms of a specific period 
of time. We will describe the foreseeable future on a case-by-case 
basis, using the best available data and taking into account 
considerations such as the species' life-history characteristics, 
threat-projection timeframes, and environmental variability. In other 
words, the foreseeable future is the period of time over which we can 
make reasonably reliable predictions. ``Reliable'' does not mean 
``certain''; it means sufficient to provide a reasonable degree of 
confidence in the prediction, in light of the conservation purposes of 
the Act.
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 listed 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 (or decrease 
with decreases in) 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

[[Page 60322]]

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 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 curassow 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 they 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 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. 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 road building. 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, road building, 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 m (33 ft) 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 make 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. These areas 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 as well as loss of primary forest resulting from 
small-scale agriculture, illegal logging, and road building within the 
protected-area boundaries (Bucklin 2010, p. 44; Solano 2010, p. 37).
    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.
Conservation Efforts and Regulatory Mechanisms
    Our evaluation of the status of the species considers 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

[[Page 60323]]

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 (ha) (1.5 million 
acres (ac)) 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 is a protected area 
that conserves 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 2023a, 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 include Ambor[oacute], Carrasco, and TIPNIS and 
cover 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 at limiting 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 due to a lack of personnel and financial resources. The lack 
of resources and enforcement has resulted in loss of wildlife due to 
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 2023b, 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 2023c, 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.
    To assess their current conditions, we considered the ecology of 
the Sira curassow and southern helmeted curassow and factors that 
influence their viability, 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 rangewide 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 and 2023b, 
unpaginated). The Sira curassow's population is very small (50-249 
mature individuals). The southern helmeted curassow's population is 
also small; it declined by 90 percent over the past 20 years and is 
currently estimated at 1,000-4,999 individuals. These species are 
endemic to small areas in relatively narrow elevational bands. Their 
ranges are mostly within protected areas that are intact forest 
landscapes that show no to minimal signs of human alteration. However, 
these species' habitats are subject to some deforestation and human 
encroachment is increasing into protected areas because of small-scale 
illegal agriculture and road construction that spawns additional small-
scale development. Over a 20-year period between 2000 and 2020, only 62 
ha (153 ac), or 0.16 percent, of forest cover has been lost within the 
range of the Sira curassow. During the same 20-year period, 27,320 ha 
(67,509 ac), 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.
    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 to tolerate high levels of continuous hunting. 
Because these species are endemic to small ranges and

[[Page 60324]]

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 redundancy through distribution of subpopulations 
within their narrow ranges. 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 
found the species in one population at four locations, all located 
within 30 km (18.6 mi) of each other (Gasta[ntilde]aga et al. 2011, p. 
273). Because the population and range are very small, we conclude that 
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, the latter of which is the 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 forests 
and adjacent evergreen forests on the east side of the Andes Mountains. 
Microhabitats that have important resources for the life history of 
these species are likely present within their respective ranges because 
the birds move 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 data 
indicate 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 Determination 
of Status for the Sira Curassow and Southern Helmeted Curassow, below), 
we are not presenting the results of the future scenarios in this final 
rule. Please refer to the SSA report (Service 2023, entire) for the 
full analysis of future scenarios.

Determination of Status for the 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 endangered species or 
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 data indicate 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 Sira curassow is known only from the Cerros del Sira region of 
central Peru in the El Sira Communal Reserve and is not likely to be 
resilient to ongoing threats. The resiliency 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 ha (153 ac), 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). 
Hunting by 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

[[Page 60325]]

for small-scale agriculture and road building 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, Sira 
curassows are 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 the limited range of the Sira curassow 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 data indicate 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 km\2\ (212 mi\2\) in a narrow 
elevational band.
    Overall, the species has a very small population and is considered 
rare and locally uncommon, and its population is decreasing (BLI 2023a, 
unpaginated). The species is long-lived and 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 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 data available, we conclude that the 
Sira curassow currently lacks sufficient resiliency, redundancy, and 
representation for its continued existence to be secure.
    After evaluating 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 data 
available regarding the past, present, and future threats to the 
southern helmeted curassow. The best available data indicate 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 
and 2018b, unpaginated).
    The southern helmeted curassow is not likely to be 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 ha (67,509 ac), 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 then-largest known population of 
southern helmeted curassow declined from 20 singing males to zero 
because hunting associated with 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.). Encroachment into the species' habitat, including by 
local indigenous communities in addition to people from outside the 
protected areas, results in overexploitation of the species. Curassow 
species are targeted by subsistence hunters and based on reviews of 
several cracid species, including curassows, these species are more 
likely to occur in forested landscapes with low human density and 
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, southern 
helmeted curassows are 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 indicate 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

[[Page 60326]]

because it is endemic to the three national parks within a narrow 
elevational band and occurs only within 10,700 km\2\ (4,131 mi\2\).
    Overall, the species has a small population and is considered rare 
and locally uncommon, and its population is decreasing (BLI 2018b, 
unpaginated; Birds of Bolivia 2019, unpaginated; BLI 2023b, 
unpaginated). The species is long-lived and 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 resilient to ongoing threats and having minimal capacity to adapt 
to ongoing threats limits the viability of the southern helmeted 
curassow. After assessing the best scientific and commercial data 
available, we conclude that the southern helmeted curassow currently 
lacks sufficient resiliency, redundancy, and representation for its 
continued existence to be secure.
    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 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 we 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, we 
are listing the Sira curassow and southern helmeted curassow as 
endangered species in accordance with sections 3(6) and 4(a)(1) of the 
Act.

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. Conservation measures provided to 
species listed as endangered or threatened species under the Act 
include recognition as a listed species, planning and implementation of 
recovery actions, requirements for Federal protection, financial 
assistance for conservation programs, and prohibitions against certain 
activities.
    Recognition through listing results in public awareness, and 
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, we will not designate 
critical habitat 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 and its implementing regulations set forth a series of 
general prohibitions and exceptions that apply to endangered wildlife. 
The prohibitions of section 9(a)(1) of the Act, codified at 50 CFR 
17.21, make it illegal for any person subject to the jurisdiction of 
the United States to commit, to attempt to commit, to solicit another 
to commit or to cause to be committed any of the following acts with 
regard to any endangered wildlife: (1) import into, or export from, the 
United States; (2) take (which includes harass, harm, pursue, hunt, 
shoot, wound, kill, trap, capture, or collect) within the United 
States, within the territorial sea of the United States, or on the high 
seas; (3) possess, sell, deliver, carry, transport, or ship, by any 
means whatsoever, any such wildlife that has been taken illegally; (4)

[[Page 60327]]

deliver, receive, carry, transport, or ship in interstate or foreign 
commerce, by any means whatsoever and in the course of commercial 
activity; or (5) sell or offer for sale in interstate or foreign 
commerce. 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 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 the policy of the Service, 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. 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) through (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

National Environmental Policy Act (42 U.S.C. 4321 et seq.)

    Regulations adopted pursuant to section 4(a) of the Act are exempt 
from the National Environmental Policy Act (NEPA; 42 U.S.C. 4321 et 
seq.) and do not require an environmental analysis under NEPA. 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 
Office (see FOR FURTHER INFORMATION CONTACT).

Authors

    The primary authors of this 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.

Regulation Promulgation

    Accordingly, we 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 set forth below:


Sec.  17.11  Endangered and threatened wildlife.

* * * * *
    (h) * * *

[[Page 60328]]



----------------------------------------------------------------------------------------------------------------
                                                                                          Listing citations and
           Common name              Scientific name      Where listed         Status         applicable rules
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                                      Birds
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Curassow, Sira..................  Pauxi koepckeae...  Wherever found....  E              89 FR [INSERT FEDERAL
                                                                                          REGISTER PAGE WHERE
                                                                                          THE DOCUMENT BEGINS],
                                                                                          7/25/2024.
Curassow, southern helmeted (=    Pauxi unicornis...  Wherever found....  E              89 FR [INSERT FEDERAL
 horned curassow).                                                                        REGISTER PAGE WHERE
                                                                                          THE DOCUMENT BEGINS],
                                                                                          7/25/2024.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


Martha Williams,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2024-16003 Filed 7-24-24; 8:45 am]
BILLING CODE 4333-15-P