[Federal Register Volume 75, Number 2 (Tuesday, January 5, 2010)]
[Proposed Rules]
[Pages 606-649]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-31102]



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Part IV





Department of the Interior





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Fish and Wildlife Service



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50 CFR Part 17



Endangered and Threatened Wildlife and Plants; Listing Foreign Bird 
Species in Peru and Bolivia as Endangered Throughout Their Range; 
Proposed Rule

  Federal Register / Vol. 75, No. 2 / Tuesday, January 5, 2010 / 
Proposed Rules  

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R9-IA-2009-0059]
[96100-1671-0000-B6]
[RIN 1018-AV77]


Endangered and Threatened Wildlife and Plants; Listing Foreign 
Bird Species in Peru and Bolivia as Endangered Throughout Their Range

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), propose to 
list the following six South American bird species (collectively 
referred to as ``species'' for purposes of this proposed rule) as 
endangered under the Endangered Species Act of 1973, as amended (Act) 
(16 U.S.C. 1531 et seq.): ash-breasted tit-tyrant (Anairetes alpinus), 
Junin grebe (Podiceps taczanowskii), Junin rail (Laterallus tuerosi), 
Peruvian plantcutter (Phytotoma raimondii), royal cinclodes (Cinclodes 
aricomae), and white-browed tit-spinetail (Leptasthenura xenothorax)--
all native to Peru. The ash-breasted tit-tyrant and royal cinclodes are 
also native to Bolivia. This proposal, if made final, would extend the 
Act's protection to these species. The Service seeks data and comments 
from the public on this proposed rule.

DATES: We will accept comments received or postmarked on or before 
March 8, 2010. We must receive requests for public hearings, in 
writing, at the address shown in the FOR FURTHER INFORMATION CONTACT 
section by February 19, 2010.

ADDRESSES: You may submit comments by one of the following methods:
 Federal eRulemaking Portal: http://www.regulations.gov. Follow 
the instructions for submitting comments on Docket No. FWS-R9-IA-2009-
0059.
 U.S. mail or hand-delivery: Public Comments Processing, Attn: 
FWS-R9-IA-2009-0059; Division of Policy and Directives Management; U.S. 
Fish and Wildlife Service; 4401 N. Fairfax Drive, Suite 222; Arlington, 
VA 22203.
    We will not accept comments by e-mail or fax. We will post all 
comments on http://www.regulations.gov. This generally means that we 
will post any personal information you provide us (see the Public 
Comments section below for more information).

FOR FURTHER INFORMATION CONTACT: Douglas Krofta, Chief, Branch of 
Listing, Endangered Species Program, U.S. Fish and Wildlife Service, 
4401 N. Fairfax Drive, Room 420, Arlington, VA 22203; telephone 703-
358-2105; facsimile 703-358-1735. If you use a telecommunications 
device for the deaf (TDD), call the Federal Information Relay Service 
(FIRS) at 800-877-8339.

SUPPLEMENTARY INFORMATION:

Public Comments

    We intend that any final action resulting from this proposal will 
be as accurate and as effective as possible. Therefore, we request 
comments or suggestions on this proposed rule. We particularly seek 
comments concerning:
     (1) Biological, commercial trade, or other relevant data 
concerning any threats (or lack thereof) to these species and 
regulations that may be addressing those threats.
     (2) Additional information concerning the taxonomy, range, 
distribution, and population size of these species, including the 
locations of any additional populations of these species.
     (3) Additional information on the biological or ecological 
requirements of these species.
     (4) Current or planned activities in the areas occupied by these 
species and possible impacts of such activities on these species.
     (5) Any information concerning the effects of climate change on 
these species or their habitats.
    You may submit your comments and materials concerning this proposed 
rule by one of the methods listed in the ADDRESSES section. We will not 
consider comments sent by e-mail or fax or to an address not listed in 
the ADDRESSES section.
    If you submit a comment via http://www.regulations.gov, your entire 
comment--including any personal identifying information--will be posted 
on the website. If you submit a hardcopy comment that includes personal 
identifying information, you may request at the top of your document 
that we withhold this information from public review. However, we 
cannot guarantee that we will be able to do so. We will post all 
hardcopy comments on http://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 at http://www.regulations.gov, or by 
appointment, during normal business hours, at the U.S. Fish and 
Wildlife Service, Endangered Species Program, 4401 N. Fairfax Drive, 
Room 420, Arlington, VA 22203; telephone 703-358-2171.
Background
    Section 4(b)(3)(A) of the Act requires us to make a finding (known 
as a ``90-day finding'') on whether a petition to add a species to, 
remove a species from, or reclassify a species on the Federal Lists of 
Endangered and Threatened Wildlife and Plants has presented substantial 
information indicating that the requested action may be warranted. To 
the maximum extent practicable, we make the finding within 90 days 
following receipt of the petition and publish our finding promptly in 
the Federal Register. If we find that the petition has presented 
substantial information indicating that the requested action may be 
warranted (a positive finding), section 4(b)(3)(A) of the Act requires 
us to commence a status review of the species if one has not already 
been initiated under our internal candidate assessment process. In 
addition, section 4(b)(3)(B) of the Act requires us to make a finding 
within 12 months following receipt of the petition (``12-month 
finding'') on whether the requested action is warranted, not warranted, 
or warranted but precluded by higher priority listing actions. Section 
4(b)(3)(C) of the Act requires that a finding of warranted but 
precluded for petitioned species should be treated as having been 
resubmitted on the date of the warranted but precluded finding, and is, 
therefore, subject to a new finding within 1 year and subsequently 
thereafter until we publish a proposal to list or a finding that the 
petitioned action is not warranted. The Service publishes an annual 
notice of review (ANOR) of findings on resubmitted petitions for all 
foreign species for which listings were previously found to be 
warranted but precluded.
Previous Federal Actions
    On May 6, 1991, we received a petition (the 1991 petition) from the 
International Council for Bird Preservation (ICBP) to add 53 foreign 
bird species to the List of Endangered and Threatened Wildlife, 
including the six Peruvian bird species that are the subject of this 
proposed rule. In response to the 1991 petition, we published a 
substantial 90-day finding on December 16, 1991 (56 FR 65207), for all 
53 species and initiated a status review. On March 28, 1994 (59 FR 
14496), we published a 12-month finding on the 1991 petition, along 
with a proposed rule to list 30 African birds under the Act (which 
included 15 species from the 1991 petition). In that

[[Page 607]]

document, we announced our finding that listing the remaining 38 
species from the 1991 petition, including the six Peruvian bird species 
that are the subject of this proposed rule, was warranted but precluded 
by higher priority listing actions. We made a subsequent warranted-but-
precluded finding for all outstanding foreign species from the 1991 
petition, including the six Peruvian bird species that are the subject 
of this proposed rule, as published in our ANOR on May 21, 2004 (69 FR 
29354).
    Per the Service's listing priority guidelines (September 21, 1983; 
48 FR 43098), our 2007 ANOR identified the listing priority numbers 
(LPNs) (ranging from 1 to 12) for all outstanding foreign species. The 
six Peruvian bird species that are the subject of this proposed rule 
were designated with an LPN of 2, and it was determined that their 
listing continued to be warranted but precluded because of other 
listing actions. A listing priority of 2 indicates that the subject 
species face imminent threats of high magnitude. With the exception of 
the listing priority ranking of 1, which addresses monotypic genera 
that face imminent threats of high magnitude, categories 2 and 3 
represent the Service's highest priorities.
    On July 29, 2008 (73 FR 44062), we published in the Federal 
Register a notice announcing our annual petition findings for foreign 
species. In that notice, we announced listing to be warranted for 30 
foreign bird species, including the six Peruvian bird species which are 
the subject of this proposed rule, and stated that we would ``promptly 
publish proposals to list these 30 taxa.'' In selecting these six 
species from the list of warranted-but-precluded species, we took into 
consideration the magnitude and immediacy of the threats to the 
species, consistent with the Service's listing priority guidelines.
    On September 8, 2008, the Service received a 60-day notice of 
intent to sue from the Center for Biological Diversity (CBD) and Peter 
Galvin over violations of section 4 of the Act for the Service's 
failure to promptly publish listing proposals for the 30 ``warranted'' 
species identified in our 2008 ANOR. Under a settlement agreement 
approved by the U.S. District Court for the Northern District of 
California on June 15, 2009, (CBD, et al. v. Salazar, 09-cv-02578-CRB), 
the Service must submit to the Federal Register proposed listing rules 
for the ash-breasted tit-tyrant, Junin grebe, Junin rail, Peruvian 
plantcutter, royal cinclodes, and white-browed tit-spinetail by 
December 29, 2009.
Species Information and Factors Affecting the Species
    Section 4 of the Act (16 U.S.C. 1533), and its implementing 
regulations at 50 CFR part 424, set forth the procedures for adding 
species to the Federal Lists of Endangered and Threatened Wildlife and 
Plants. A species may be determined to be an endangered or threatened 
species due to one or more of the five factors described in section 
4(a)(1) of the Act. The five factors are: (A) The present or threatened 
destruction, modification, or curtailment of its habitat or range; (B) 
overutilization for commercial, recreational, scientific, or 
educational purposes; (C) disease or predation; (D) the inadequacy of 
existing regulatory mechanisms; and (E) other natural or manmade 
factors affecting its continued existence. Listing actions may be 
warranted based on any of the above threat factors, singly or in 
combination.
    Below is a species-by-species analysis of the five factors. The 
species are considered in alphabetical order, beginning with the ash-
breasted tit-tyrant, followed by the Junin grebe, Junin rail, Peruvian 
plantcutter, royal cinclodes, and the white-browed tit-spinetail.

I. Ash-breasted tit-tyrant (Anairetes alpinus)

Species Description

    The ash-breasted tit-tyrant, locally known as ``torito 
pechicenizo,'' is a small New World tyrant flycatcher in the Tyrannidae 
family that is native to high-altitude woodlands of the Bolivian and 
Peruvian Andes (BirdLife International (BLI) 2000, p. 392; Collar et 
al. 1992, p. 753; del Hoyo et al. 2004, pp. 170, 281; Fjeldsa and 
Krabbe 1990, pp. 468-469; InfoNatura 2007, p. 1; Supreme Decree No. 
034-2004-AG 2004, p. 276854). The sexes are similar, with adults 
approximately 5 inches (in) (13 centimeters (cm)) in length, with dark 
gray, inconspicuously black-streaked upperparts (BLI 2009o, p. 1; del 
Hoyo et al. 2004, p. 281). Two subspecies (see Taxonomy) are 
distinguished by their underbelly color, which is yellowish-white in 
the nominate subspecies and white in the other (BLI 2009o, p. 1) (see 
Taxonomy). Juvenile plumage is duller in appearance, but otherwise 
similar to the adult coloration (del Hoyo et al. 2004, p. 281).

Taxonomy

    When the species was first taxonomically described by Carriker 
(1933, pp. 27-29), it was placed in its own genus, Yanacea; this 
decision was soon questioned by Zimmer (1940, p. 10). It was not until 
the 1960s that Yanacea was merged into Anairetes (a genus long-known as 
Spizitornis) by Meyer de Schauensee (1966, p. 376). Some contemporary 
researchers have suggested retaining the species within Yanacea 
(Fjeldsa and Krabbe 1990, p. 468). Smith (1971, pp. 269, 275) and Roy 
et al. (1999, p. 74) confirmed that the ash-breasted tit tyrant is a 
valid species based on its phylogenetic placement and degree of genetic 
divergence from other species of Anairetes, and recent texts continue 
to place it in Anairetes (e.g., del Hoyo et al. 2004, p. 281). 
Therefore, we accept the species as Anairetes alpinus, which also 
follows the Integrated Taxonomic Information System (ITIS 2009, p. 1). 
Two subspecies are recognized, including, A. alpinus alpinus (the 
nominate subspecies) and A. alpinus bolivianus. These subspecies occur 
in two disjunct (widely separated) areas (see Current Range) (BLI 2000, 
p. 392; del Hoyo et al. 2004, p. 281; ITIS 2009, p. 1) and are 
distinguished by the color of their underbellies (see Taxonomy) (BLI 
2009o, p. 1).

Habitat and Life History

    The ash-breasted tit-tyrant is restricted to semihumid Polylepis or 
Polylepis - Gynoxys woodlands, where the species is found at elevations 
between 12,139 and 15,092 feet (ft) (3,700 and 4,600 meters (m)) above 
sea level (BLI 2000, p. 392; Collar et al. 1992, p. 753; del Hoyo et 
al. 2004, p. 281; Fjeldsa and Krabbe 1990, pp. 468-469; InfoNatura 
2007, p. 1). The genus Polylepis (no English common name; locally 
referred to as ``queu[ntilde]a'') (Aucca and Ramsay 2005, p. 1), in the 
Rosaceae family, comprises approximately 20 species of evergreen bushes 
and trees (De la Via 2004, p. 10; Kessler 1998, p. 1; Kessler and 
Schmidt-Lebuhn 2006, pp. 1-2), 19 of which occur in Peru (Chutas et al. 
2008, p. 3). In Bolivia, the ash-breasted tit-tyrant is associated only 
with P. pepei forests, but the bird is found among a greater variety of 
Polylepis species in Peru (Chutas et al. 2008, p. 16; I. Gomez, 
National Museum of National History-Ornithology Section-Bolivian Fauna 
Collection, La Paz, Bolivia, e-mail to Division of Scientific 
Authority, in litt. December 4, 2007, p. 1). On average, Polylepis 
species are 10-33 ft (3-10 m) tall, but may grow to a height of 118 ft 
(36 m) (Purcell et al. 2004, p. 455).
    Polylepis woodlands occur as dense forests, as open-canopied stands 
with more arid understories, or as shrubland with scattered trees (De 
la Via 2004, pp. 10-11; Fjeldsa and Kessler 1996, as cited in Fjeldsa 
2002a, p. 113; Lloyd and

[[Page 608]]

Marsden in press, as cited in Lloyd 2008, p. 532). Ash-breasted tit-
tyrants prefer dense Polylepis forests (Fjeldsa 2002a, p. 114; Smith 
1971, p. 269), which often include a mixture of Gynoxys trees (no 
common name), in the Asteraceae family (De la Via 2004, pp. 10; 
International Plant Names Index (IPNI) 2009, p. 1). Dense Polylepis 
woodlands are characterized by moss- or vine-laden vegetation, with a 
shaded understory and a rich diversity of insects, making good feeding 
grounds for insectivorous birds (De la Via 2004, p. 10), such as the 
ash-breasted tit-tyrant (BLI 2009o, p. 1; Lloyd 2008, p. 535).
    There is little information about the ecology and breeding behavior 
of the ash-breasted tit-tyrant. The species' territory ranges from 2.5-
5 acres (ac) (1-2 hectares (ha)) (BLI 2009o, p. 1). The breeding season 
appears to occur during late dry season (Collar et al. 1992, p. 754)--
November and December (BLI 2009o, p. 1). Juveniles have been observed 
in March and July (Collar et al. 1992, p. 754; del Hoyo et al. 2004, p. 
281). Although species-specific information is not available, tit-
tyrant nests are generally finely woven, open cups, built in a bush 
(Fjeldsa and Krabbe 1990, p. 468). The species may share in rearing 
responsibilities, as pairs of ash-breasted tit-tyrants have been 
observed feeding young (BLI 2009o, p. 1; Collar et al. 1992, p. 754).
    The ash-breasted tit-tyrant forages alone, in family groups, and 
sometimes in mixed-species flocks. The bird takes short flights, either 
hovering or perching to consume invertebrates near the tops and outer 
edges of Polylepis shrubs and trees (BLI 2009o, p. 1; del Hoyo et al. 
2004, p. 281; Engblom et al. 2002, p. 58; Fjeldsa and Krabbe 1990, p. 
468; Lloyd 2008, p. 535). In winter, when invertebrate populations 
diminish, tit-tyrants may also forage on seeds (Fjeldsa and Krabbe 
1990, p. 468).

Historical Range and Distribution

    The ash-breasted tit-tyrant may once have been well-distributed 
throughout previously dense and contiguous Polylepis high-Andes 
woodlands of Peru and Bolivia. Researchers believe that these woodlands 
were historically contiguous with lower-elevation cloudforests and 
widespread above 9,843 ft (3,000 m) (Collar et al. 1992, p. 753; 
Fjeldsa 2002a, pp. 111-112, 115; Herzog et al. 2002, p. 94; Kessler 
2002, pp. 97-101). Today, Polylepis woodlands are found only at 
elevations of 11,483 to 16,404 ft (3,500 to 5,000 m) (Fjeldsa 1992, p. 
10). Researchers consider the reduction in Polylepis forest habitat to 
be the result of historical human activities, including burning and 
grazing, which have prevented regeneration of the woodlands and 
resulted in the fragmented habitat distribution seen today (Fjeldsa and 
Kessler 1996, Kessler 1995a, Kessler 1995b, and L[aelig]gaard 1992, as 
cited in Fjeldsa 2002a, p. 112; Herzog et al. 2002, p. 94; Kessler 
2002, pp. 97-101; Kessler and Herzog 1998, pp. 50-51). Modeling studies 
by Fjeldsa (2002a, p. 116) indicate that this habitat reduction was 
accompanied by a loss in species richness. It is estimated that only 2-
3 and 10 percent of the original forest cover still remain in Peru and 
Bolivia, respectively (Fjeldsa and Kessler 1996, as cited in Fjeldsa 
2002a, p. 113). Of this amount, only 1 percent of the remaining 
Polylepis woodlands are found in humid areas, where denser stands occur 
(Fjeldsa and Kessler 1996, as cited in Fjeldsa 2002a, p. 113) and which 
are preferred by the ash-breasted tit-tyrant (BLI 2009o, p. 1; Fjeldsa 
2002a, p. 114; Lloyd 2008, p. 535; Smith 1971, p. 269) (see Factor A).

Current Range and Distribution

    The current range of the ash-breasted tit-tyrant is estimated to be 
4,595 square miles (mi\2\) (11,900 square kilometers (km\2\)) (BLI 
2009o, p. 1). However, BirdLife International (2000, pp. 22, 27) 
defines a species' ``Range'' as the ``Extent of Occurrence,'' which is 
``the area contained within the shortest continuous imaginary boundary 
which can be drawn to encompass all the known, inferred, or projected 
sites of present occurrence of a species, excluding cases of 
vagrancy.'' Given that the species is known to occur in two disjunct 
locations, this range estimate, therefore, includes a large area of 
habitat where the species is not known to occur.
    The species is restricted to patches of high-elevation semihumid 
Polylepis or Polylepis - Gynoxys woodlands of Peru and Bolivia, where 
ash-breasted tit-tyrant is found only at 12,139-15,092 ft (3,700-4,600 
m) (BLI 2000, p. 392; Collar et al. 1992, p. 753; del Hoyo et al. 2004, 
pp. 170, 281; Fjeldsa and Krabbe 1990, pp. 468-469; InfoNatura 2007, p. 
1). The ash-breasted tit-tyrant is known only in two disjunct areas: 
one location in west-central Peru and another ranging from southern 
Peru into northern Bolivia (BLI 2000, p. 392; del Hoyo et al. 2004, p. 
281; ITIS 2009, p. 1).
    In west-central Peru, the northern subspecies (A. alpinus alpinus) 
occurs in the Cordilleras Central and Occidental (in the Peruvian 
Administrative Regions of Ancash, Huanuco, La Libertad, and Lima) (BLI 
2007, p. 1; BLI 2009g, p. 1; BLI 2009i, p. 1; BLI 2009l, p. 1; BLI 
2009o, p. 1; Collar et al. 1992, p. 753; del Hoyo et al. 2004, p. 281). 
Until 1992, the taxon in this locality was highly localized and known 
only in Ancash Region (Collar et al. 1992, p. 753). The species was 
subsequently reported in Huanuco Region, in 2003 (BLI 2007, p. 5; BLI 
2009i, p. 1); La Libertad Region, in 2004 (del Hoyo et al. 2004, p. 
281); and Lima Region and again in Huanuco Region, in 2007 (BLI 2007, 
pp. 1, 5). Also in 2007, the ash-breasted tit-tyrant was also observed 
in a new locality in Ancash Region, Corredor Conchucos (Chutas 2007, 
pp. 4, 8), where a Polylepis reforestation project is under way to 
connect two protected areas where ash-breasted tit-tyrants were already 
known to occur, Parque Nacional Huascaran and Zona Reservada de la 
Cordillera Huayhuash (Antamina Mine 2006, p. 5; MacLennan 2009, p. 1) 
(see Factor A).
    The second location spans the Peruvian-Bolivian border--in the 
Peruvian Administrative Regions of Apurimac, Cusco, Puno, and Arequipa 
(from north to south) and in the Bolivian Department of La Paz. Here, 
the southern subspecies (A. alpinus bolivianus) occurs in Cordillera 
Oriental (Apurimac and Cusco), Cordilleras Vilcanota and Vilcabamba 
(Cusco), and Cordillera de Carabaya (Puno)--in Peru--and ranges into 
Bolivia, where it is found in the Cordillera Real and the Cordillera 
Apolobamba (La Paz) (BLI 2000, p. 392; BLI 2009a, p. 1; BLI 2009b, p. 
1; BLI 2009c, p. 1; BLI 2009d, p. 1; BLI 2009e, p. 1; BLI 2009f, p. 1; 
BLI 2009k, p. 1; BLI 2009m, p. 1; BLI 2009n, p. 1; BLI 2009o, p. 5; 
Chutas 2007, p. 8; Collar et al. 1992, p. 753; del Hoyo et al. 2004, p. 
281; Fjeldsa and Krabbe 1990, pp. 468-469; InfoNatura 2007, p. 1). The 
ash-breasted tit-tyrant was only recently (in 2008) reported in 
Arequipa Region, Peru (BLI 2009j, p. 1).
    The ash-breasted tit-tyrant is highly localized (Collar et al. 
1992, p. 753) and has been described as ``very rare and local, with 
usually only 1-2 pairs per occupied woodland'' (Fjeldsa and Krabbe 
1990, p. 469). It exists at such low densities in some places that it 
goes undetected (Collar et al. 1992, p. 753). The species appears to be 
unable to persist in forest remnants smaller than 2.5 ac (1 ha) (BLI 
2009o, p. 1).

Population Estimates

    Population information is presented first on the range country 
level and then in terms of a global population estimate. The range 
country estimates begin with Peru, where the majority of the population 
resides.
    Local population estimate, Peru: Chutas (2007, p. 8) surveyed five

[[Page 609]]

disjunct Polylepis forest patches in Peru and estimated that 461 ash-
breasted tit-tyrants were located there. This included 30 birds in 
Corredor Conchucos (Ancash Region); 181 birds and 33 birds in 
Cordilleras Vilcanota and Vilcabamba, respectively (Cusco Region); 22 
birds in Cordillera de Carabaya (Puno Region); and 195 birds in a study 
site called ``Cordillera del Apurimac'' (Apurimac Region) (Chutas 2007, 
pp. 4, 8), referring to an area within the Runtacocha highlands. Other 
research in the Runtacocha highlands has indicated that the ash-
breasted tit-tyrant is ``relatively common'' there (BLI 2007, p. 1; BLI 
2009o, p. 1), with an estimated 100 pairs of birds found in 
approximately 40 forest patches (Fjeldsa in litt. 1990, as cited in 
Collar et al. 1992, p. 753). ``Small numbers'' of birds are reported in 
La Libertad Region (del Hoyo et al. 2004, p. 281). There are no 
population estimates within Arequipa, Huanuco, or Lima Regions, where 
the ash-breasted tit-tyrant is also reported to occur (BLI 2009g, p. 1; 
BLI 2009i, p. 1; BLI 2009j, p. 1; BLI 2009o, p. 1).
    Local population estimate, Bolivia: Although BirdLife International 
reports an estimated population size of 150-300 ash-breasted tit-
tyrants in Bolivia (Gomez in litt., 2003 and 2007, as cited in BLI 
2009o, p. 1), recent surveys indicate that the estimate is smaller. 
Over a six-year period, Gomez (in litt. 2007, p. 1) conducted intensive 
searches throughout 80 percent of the suitable habitat in Bolivia in 
the Cordillera Real and the Cordillera Apolobamba (La Paz Department), 
using song playback and point census, to detect the presence of the 
ash-breasted tit-tyrant. From this work, researchers inferred or 
observed the presence of 2-10 individuals in each of four forest 
patches and estimated that approximately 180 ash-breasted tit-tyrants 
occur in Bolivia.
    Global population estimate: BirdLife International, a global 
organization that consults with and assimilates information from 
species experts, categorizes the ash-breasted tit-tyrant as having a 
population size between 250 and 999 individuals, with an estimated 
actual population size to be in the mid- to upper-hundreds (BLI 2000, 
p. 392; BLI 2007, p. 1; BLI 2009o, p. 1). Combining the estimated 
number of ash-breasted tit-tyrants in Peru and Bolivia, the total 
population consists of at least 641 individuals (Chutas 2007, pp. 4, 8; 
Gomez in litt. 2007, p. 1), consistent with the BirdLife International 
category of 250-999 individuals.
    However, the total population size, which includes immature 
individuals, is not an accurate reflection of the species' effective 
population size (the number of breeding individuals that contribute to 
the next generation) (Shaffer 1981, pp. 132-133; Soule 1980, pp. 160-
162). Because the ash-breasted tit-tyrant exists as two subspecies (BLI 
2000, p. 392; BLI 2009a, p. 1; BLI 2009b, p. 1; BLI 2009c, p. 1; BLI 
2009d, p. 1; BLI 2009e, p. 1; BLI 2009f, p. 1; BLI 2009k, p. 1; BLI 
2009m, p. 1; BLI 2009n, p. 1; BLI 2009o, p. 5; Chutas 2007, p. 8; 
Collar et al. 1992, p. 753; del Hoyo et al. 2004, p. 281; Fjeldsa and 
Krabbe 1990, pp. 468-469; InfoNatura 2007, p. 1; ITIS 2009, p. 1), it 
is reasonable to conclude that there is little or no gene flow between 
the two subspecies and that the species does not breed as a single 
population. Therefore, even if all 641 individuals were mature, they 
would not breed as a single population, such that the species' 
effective population size is less than 641.
    There are also constraints to determining the effective population 
size on a subspecies level. According to International Union for 
Conservation of Nature (IUCN) criteria, it is estimated that there are 
no more than 250 mature individuals in any single subpopulation of the 
ash-breasted tit-tyrant (IUCN 2001, pp. 8-12). However, the parameters 
of a subpopulation are not provided in existing research. For instance, 
while ash-breasted tit-tyrants occupy territories of 2.5-5 ac (1-2 ha) 
(BLI 2009o, p. 1), there is no information as to the taxon's ability or 
tendency to travel between territories or forest patches. Research on 
Bolivian localities indicates that gene flow occurs between some 
subpopulations, but not all (Gomez 2005, p. 86). In Bolivia, where only 
1 subspecies occurs, the birds are distributed in 2 metapopulations, 
with at least 5 subpopulations in one location and 14 subpopulations in 
the other (Gomez 2005, p. 86). Peruvian population estimates are 
incomplete, with no estimates for the ash-breasted tit-tyrants 
occurring in Arequipa, Huanuco, La Libertad or Lima (BLI 2009g, p. 1; 
BLI 2009i, p. 1; BLI 2009j, p. 1; BLI 2009o, p. 1; del Hoyo et al. 
2004, p. 281). Therefore, we can conclude that gene flow occurs at the 
subspecies level, but there is not sufficient information to determine 
the extent to which subpopulations interbreed.
    The species has experienced a population decline of between 10 and 
19 percent in the past 10 years, and this rate of decline is predicted 
to continue (BLI 2009o, pp. 1, 4). The population is considered to be 
declining in close association with continued habitat loss and 
degradation (see Factors A and E) (BLI 2007, pp. 1, 4; BLI 2009o, p. 
5).

Conservation Status

    The ash-breasted tit-tyrant is considered ``endangered'' by the 
Peruvian Government under Supreme Decree No. 034-2004-AG (2004, p. 
276855). The IUCN considers the ash-breasted tit-tyrant to be 
``Endangered'' because it has a very small population that is 
undergoing continued decline in the number of mature individuals and is 
confined to a habitat that is severely fragmented and is also 
undergoing a continuing decline in extent, area, and quality (BLI 2008, 
p. 1; BLI 2009o, p. 4; IUCN 2001, pp. 8-12). The ash-breasted tit-
tyrant occurs within the following Peruvian protected areas: Parque 
Nacional Huascaran, in Ancash, and Santuario Historico Machu Picchu, in 
Cusco, and Zona Reservada de la Cordillera Huayhuash, spanning Ancash, 
Huanuco, and Lima (BLI 2009i, p. 1; BLI 2009l, p. 1; BLI 2009n, p. 1; 
Chutas et al. 2008, p. 16). In La Paz Department, Bolivia, the species 
is found in Parque Nacional y area Natural de Manejo Integrado Madidi, 
Parque Nacional y area Natural de Manejo Integrado Cotapata, and the 
co-located protected areas of Reserva Nacional de Fauna de Apolobamba, 
area Natural de Manejo Integrado de Apolobamba, and Reserva de la 
Biosfera de Apolobamba (Auza and Hennessey 2005, p. 81; BLI 2009a, p. 
1; BLI 2009b, p. 1; BLI 2009c, p. 1; BLI 2009e, p. 1; BLI 2009i, p. 1; 
Chutas et al. 2008, p. 16).

Summary of Factors Affecting the Ash-breasted Tit-tyrant

A. The Present or Threatened Destruction, Modification, or Curtailment 
of the Species' Habitat or Range

    The ash-breasted tit-tyrant is dependent upon high-elevation 
semihumid Polylepis or Polylepis - Gynoxys woodlands (BLI 2000, p. 392; 
Collar et al. 1992, p. 753; del Hoyo et al. 2004, pp. 281; Fjeldsa and 
Krabbe 1990, pp. 468-469; InfoNatura 2007, p. 1). Researchers believe 
that this habitat was historically contiguous with lower-elevation 
cloudforests and widespread above 9,843 ft (3,000 m) (Collar et al. 
1992, p. 753; Fjeldsa 2002a, pp. 111, 115), but Polylepis woodlands 
occur today only between 11,483-16,404 ft (3,500-5,000 m) (Fjeldsa 
1992, p. 10). As described above (see Habitat and Life History), the 
species prefers dense woodlands (Fjeldsa 2002a, p. 114; Smith 1971, p. 
269), where the best foraging habitat occurs (De la Via 2004, p. 10), 
and ash-breasted tit-tyrant occurs at altitudes of 12,139-15,092 ft 
(3,700-4,600 m) (BLI 2000, p. 392; Collar et al. 1992, p. 753; del Hoyo 
et al. 2004, pp.

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170, 281; Fjeldsa and Krabbe 1990, pp. 468-469; InfoNatura 2007, p. 1).
    High-Andean Polylepis woodlands are considered by experts to be the 
most threatened habitat in Peru and Bolivia (Purcell et al. 2004, p. 
457), throughout the Andean region (BLI 2009a, p. 2), and one of the 
most threatened woodland ecosystems in the world (Renison et al. 2005, 
as cited in Lloyd 2009, p. 10). The IUCN has listed several Polylepis 
species as ``Vulnerable,'' including two species that occur within the 
ash-breasted tit-tyrant's range, Polylepis incana and P. pepei (WCMC 
1998a, p. 1; WCMC 1998b, p. 1). Peruvian and Bolivian Polylepis 
woodlands today are highly fragmented. In the late 1990s, Fjeldsa and 
Kessler (1996, as cited in Fjeldsa 2002a, p. 113) conducted 
comprehensive ground surveys and analyzed maps and satellite images of 
the area. They estimated that the current range of Polylepis woodlands 
had been reduced from historical levels by 97-98% in Peru and 90 
percent in Bolivia. Contemporary Polylepis woodlands are dispersed and 
sparse, covering an estimated area of 386 mi\2\ (1,000 km\2\) and 1,931 
mi\2\ (5,000 km\2\) in Peru and Bolivia, respectively (Fjeldsa and 
Kessler 1996, as cited in Fjeldsa 2002a, p. 113). Of the remaining 
Polylepis woodlands, only 1 percent are found in humid areas, where 
denser Polylepis forests tend to occur (Fjeldsa and Kessler 1996, as 
cited in Fjeldsa 2002a, p. 113). Dense habitat is preferred by the ash-
breasted tit-tyrant (BLI 2009o, p. 1; Fjeldsa 2002a, p. 114; Lloyd 
2008, p. 535; Smith 1971, p. 269).
    Habitat loss, conversion, and degradation throughout the ash-
breasted tit-tyrant's range have been and continue to occur as a result 
of ongoing human activity, including (1) Clearcutting and burning; (2) 
extractive activities; (3) human encroachment; and (4) unpredictable 
climate fluctuations that exacerbate the effects of habitat 
fragmentation. Clearcutting and burning are among the most destructive 
activities, and are a leading cause for Polylepis habitat loss (WCMC 
1998a, p. 1; WCMC 1998b, p. 1). Forested areas are cleared for 
agriculture and to create pastureland for cattle, sheep, and camels 
(BLI 2009a, p. 2; BLI 2009c, pp. 1-2; BLI 2009d, pp. 1-2; BLI 2009e, 
pp. 1, 5; BLI 2009h, p. 1; BLI 2009m, p. 1; BLI 2009n, p. 4). Grazing 
lands situated amongst remaining forest patches are regularly burned in 
order to maintain the grassland vegetation (locally known as, 
``chaqueo''). Regular burning prevents regeneration of native forests 
and is considered the key factor limiting the distribution of Polylepis 
forests (BLI 2009f, p. 1; BLI 2009n, p. 4; Fjeldsa 2002b, p. 8; WCMC 
1998a, p. 1; WCMC 1998b, p. 1). In some areas, the burns escape 
control, causing further habitat destruction (BLI 2009a, p. 2; BLI 
2009e, pp. 1, 5). Burning and clearcutting occur throughout the ash-
breasted tit-tyrant's range, including in Ancash (BLI 2009h, p. 1), 
Apurimac (BLI 2009m, p. 1), and Cusco (BLI 2009n, p. 4), in Peru; and 
La Paz, Bolivia (BLI 2009a, p. 2; BLI 2009c, pp. 1-2; BLI 2009d, pp. 1-
2; BLI 2009e, pp. 1, 5). These activities are also ongoing within 
protected areas, including Parque Nacional Huascaran, Santuario 
Historico Machu Picchu, and Zona Reservada de la Cordillera Huayhuash 
(Barrio 2005, p. 564; BLI 2009l, p. 4; BLI 2009n, p. 2) (see Factor D).
    As a result of the intensity of burning and grazing, Polylepis 
species are restricted to areas where fires cannot spread, and where 
cattle and sheep do not normally roam--in stream ravines and on 
boulders, rock ledges, and sandy ridges (Fjeldsa 2002a, p. 112; Fjeldsa 
2002b, p. 8). Grazing and trampling by domesticated animals further 
limit forest regeneration (Fjeldsa 2002a, p. 120) and contribute to the 
degradation of remaining forest patches. Sheep and cattle have solid, 
sharp hooves that churn up the earth, damaging vegetation and 
triggering erosion (Engblom et al. 2002, p. 56; Purcell et al. 2004, p. 
458). The loss of nutrient-rich soils leads to habitat degradation, 
which reduces the ability of the habitat to support dense stands of 
Polylepis woodlands (Fjeldsa 2002b, p. 8; Jameson and Ramsay 2007, p. 
42; Purcell et al. 2004, p. 458).
    Ash-breasted tit-tyrant habitat is also subject to conversion, 
degradation, or destruction caused by extractive activities, such as 
firewood collection, timber harvest, and mining. Cutting wood for fuel 
has a consistent and ongoing impact throughout the species' range (BLI 
2009a, p. 2; BLI 2009b, pp. 1-2; BLI 2009c, pp. 1-2; BLI 2009d, pp. 1-
2; BLI 2009f, p. 1; BLI 2009l, p. 1; WCMC 1998a, p. 1). The high-
altitude zones where Polylepis occurs have long been inhabited by 
subsistence farmers, who rely on Polylepis wood for firewood and 
charcoal production (Aucca and Ramsay 2005, p. 287). Many locals manage 
woodlands for firewood extraction (Engblom et al. 2002, p. 56), and 
community-based Polylepis conservation programs fostered by the 
Peruvian nongovernmental organization Asociacion Ecosistemas Andinos 
(ECOAN) have been under way in Peru and Bolivia since 2004, 
encompassing Cordilleras Vilcanota and Vilcabamba (Cusco Region), 
highlands of the Apurimac Region (Aucca and Ramsey 2005, p. 287; ECOAN 
no date (n.d.), p. 1; Lloyd 2009, p. 10), and in the Ancash Region 
(MacLennan 2009, p. 2). Known as the ``Vilcanota Project'' or ECOAN 
Projects (Aucca and Ramsey 2005, p. 287; ECOAN n.d., p. 1), local 
communities enter into and enforce management agreements aimed at the 
primary causes for Polylepis deforestation: burning, grazing, and wood-
cutting. These projects foster local, sustainable use of resources 
(Aucca and Ramsay 2005, p. 287; ECOAN n.d., p. 1; Engblom et al. 2002, 
p. 56), such as the use of more fuel-efficient wood-burning stoves that 
require half the amount of wood fuel (MacLennan 2009, p. 2) (see the 
Factor A analyses for royal cinclodes and white-browed tit-spinetail 
for additional examples).
    Polylepis wood is also harvested for local commercial use, 
including within protected areas (BLI 2009a, p. 2; WCMC 1998a, p. 1) 
(Factor D). At one site, near Abra Malaga (Cusco Region), wood is 
harvested for sale to local hotels in the towns of Urubamba and 
Ollantaytambo to support tourism activity (Engblom 2000, p. 1). Engblom 
(2000, p. 1) documented felling for firewood at this site in Cusco over 
a 2-day period that significantly reduced the size and quality of the 
forest patch. Purcell et al. (2004, p. 458) noted a positive 
correlation between habitat destruction and increased demand for (and 
the concomitant rise in the price of) fuel. Polylepis is also harvested 
for construction, fencing, and tool-making (Aucca and Ramsey 2005, p. 
287; BLI 2009a, p. 2). Commercial-scale activities, such as 
clearcutting, logging, tourism, and infrastructure development, are 
ongoing throughout this species' range, and alter otherwise sustainable 
resource use practices (Aucca and Ramsay 2005, p. 287; Engblom 2000, p. 
2; Engblom et al. 2002, p. 56; MacLennan 2009, p. 2; Purcell and 
Brelsford 2004, pp. 156-157; Purcell et al. 2004, pp. 458-459; WCMC 
1998a, p. 1). Commercial-scale resource use is exacerbated by ongoing 
human encroachment, discussed below.
    Mining in Polylepis habitat occurs in the Peruvian Regions of 
Ancash and Huanaco and in the Bolivian Department of La Paz (BLI 2009b, 
p. 1; BLI 2009d, p. 1; BLI 2009g, p. 1). Ancash (Peru) is home to the 
largest zinc and copper mine ``in the world,'' with a monthly average 
production rate of 231,485 pounds (105,000 metric tons) of minerals per 
day and a 186-mile (mi) (300 kilometer (km)) pipeline that stretches 
from the mine to the port of Punta Lobitos along the coast (Antamina 
Mine 2006, pp. 4, 9; www.antamina.com/02--operacion/

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En--puerto.html). Mining occurs in ash-breast tit-tyrant habitat in La 
Paz, Bolivia, where there are active gold, tin, silver, and tungsten 
mines, in addition to gravel excavation for cement production (USGS 
Minerals Yearbook 2005, pp. 4-7). Antamina Mine has undertaken habitat 
conservation programs within the areas affected by mineral extraction, 
similar to the ECOAN Polylepis conservation programs, investing 
millions of dollars in programs ranging from education and tourism, to 
organic agriculture and sustainable development. However, tourism has 
had negative effects in other areas where the ash-breasted tit-tyrant 
occurs, including Ancash, Huanuco, and Lima, Peru, and La Paz, Bolivia 
(Barrio 2005, p. 564; BLI 2009e, p. 5) (see below). The Antamina Mining 
Company conservation program also supports the planned reforestation of 
123,552 ac (50,000 ha) of Polylepis forest that will connect two 
protected areas, Parque Nacional Huascaran and Zona Reservada de la 
Cordillera Huayhuash (Antamina Mine 2006, p. 5). To date, the project 
has succeeded in restoring 371 ac (150 ha) of forest, with a 95 percent 
survival rate (MacLennan 2009, p. 1). Known as Corredor Conchucos, at 
least 30 ash-breasted tit-tyrants have recently been observed there 
(Chutas 2007, p. 8).
    Human encroachment and concomitant increasing human population 
pressures exacerbate the destructive effects of ongoing human 
activities throughout the ash-breasted tit-tyrant's habitat. Mining and 
hydroelectric projects open new areas to exploitation and attract 
people seeking employment (Purcell et al. 2004, p. 458). Increased 
urbanization and mining have led to increased infrastructure 
development. Road building and mining projects further facilitate human 
access to remaining Polylepis forest fragments, throughout the ash-
breasted tit-tyrant's range (Purcell et al. 2004, pp. 458-459; Purcell 
and Brelsford, 2004, pp. 156-157), including protected areas. In the 
Bolivian Department of La Paz, one of the most transited highways in 
the country is located a short distance from the Parque Nacional y area 
Natural de Manejo Integrado Cotapata (BLI 2009b, p. 2) (see Factor D). 
Road building, mining, and other large-scale resource exploitations are 
considered to have major impacts on the habitat, as compared to 
exploitation by local communities (Purcell and Brelsford 2004, p. 157).
    Ecotourism within protected areas where the ash-breasted tit-tyrant 
occurs (such as in the Zona Reservada de la Cordillera Huayhuash in 
Peru, and in the Apolobamba protected areas in Bolivia) is considered a 
growing problem (Barrio 2005, p. 564; BLI 2009e, p. 5) (see Factor D). 
In the Department of La Paz, Bolivia, which encompasses Bolivia's 
largest urban area, most of the Polylepis forest had been eliminated 
prior to the late 1990s (Purcell and Brelsford 2004, p. 157). Recently, 
an accelerated rate of Polylepis forest destruction has been attributed 
to clearcutting for road building and industrialization projects, such 
as mining and construction of hydroelectric power stations (Purcell and 
Brelsford 2004, pp. 156-157). Between 1991 and 2003, approximately 494 
ac (200 ha) of Polylepis habitat was destroyed. Thus, nearly two-thirds 
of the forest cover that existed in the 1990s no longer existed in 2003 
(Purcell and Brelsford 2004, p. 155). With this research, it was 
estimated that only 1,285 ac (520 ha) of Polylepis forest remain in the 
Bolivian Department of La Paz, representing approximately a 40 percent 
rate of habitat loss in just over one decade. The researchers inferred 
that thisrate of destruction could result in extirpation of the 
remaining Polylepis forest in La Paz within the next 30 years (Purcell 
and Brelsford 2004, pp. 157).
    Larger concentrations of people put greater demand on the natural 
resources in the area. Increasing demand for firewood upsets informal 
and otherwise sustainable community-based forest management traditions 
(Purcell and Brelsford, 2004, p. 157). Increasing human populations in 
the high-Andes of Bolivia and Peru have also resulted in a scarcity of 
arable land. This has led many farmers to burn down additional patches 
of Polylepis forests to plant crops, even on steep hillsides not 
suitable for cultivation (BLI 2009b, p. 2; BLI 2009h, p. 1; Hensen 
2002, p. 199). These ongoing farming practices result in the rapid loss 
of Polylepis forests from Bolivia to Peru.
    Habitat destruction is often caused by a combination of human 
activities that promote habitat degradation. In the Cordillera de 
Vilcanota (Cusco, Peru), where an estimated 181 birds are found (Chutas 
2007, pp. 4, 8), the rate of habitat loss was studied by comparing 
forest cover between 1956 and 2005. This study revealed a rate of 
habitat loss averaging only 1 percent. However, remaining patches of 
Polylepis woodland were small, with a mean patch size of 7.4 ac (3 ha); 
four forest patches had disappeared completely; and no new patches were 
located within the study area (Jameson and Ramsay 2007, p. 42). Lloyd 
(2008, p. 532) studied bird foraging habits at three Polylepis woodland 
sites in the Cordillera Vilcanota during 2003-2005. The sites were 
described as highly fragmented, consisting of many small remnant 
patches (less than 2.5 ac (1 ha)) and scattered trees, separated from 
larger woodland tracts (greater than 25 ac (10 ha)) by distances of 98-
4,921 ft (30-1,500 m) (Lloyd and Marsden in press, as cited in Lloyd 
2008, p. 532). Given that the species territory ranges from 2.5-5 ac 
(1-2 ha) and that the ash-breasted tit-tyrant appears to be unable to 
persist in forest remnants smaller than 2.5 ac (1 ha) (BLI 2009o, p. 
1), these patch sizes have met or are approaching the lower threshold 
of the species' ecological requirements. Moreover, 10 percent of the 
remaining forest patches showed a decline in forest density over this 
time-period.
    Thus, habitat degradation also has serious impacts in Polylepis 
woodlands (Jameson and Ramsay 2007, p. 42), especially given the 
species' preference for dense woodlands (Fjeldsa 2002a, p. 114; Smith 
1971, p. 269). The fact that no new Polylepis forest patches had become 
established between 1956 and 2005 underscores the long-term 
ramifications of ongoing burning, clearing, grazing, and other habitat-
altering human activities that are pervasive throughout the ash-
breasted tit-tyrant's range (BLI 2009f, p. 1; BLI 2009n, p. 4; Fjeldsa 
2002b, p. 8; WCMC 1998a, p. 1; WCMC 1998b, p. 1). These activities are 
considered to be key factors both in preventing regeneration of 
Polylepis woodlands (Fjeldsa 2002a, p. 112, 120; Fjeldsa 2002b, p. 8) 
and in the historical decline of Polylepis -dependent bird species, 
including the ash-breasted tit-tyrant (Fjeldsa 2002a, p. 116). 
Researchers consider the species' population to be declining in close 
association with the continued habitat loss and degradation (BLI 2007, 
pp. 1, 4; BLI 2008, p. 1; BLI 2009o, p. 1). Therefore, further habitat 
loss will continue to impact the species' already small population size 
(see Factor E).
    Peru is subject to unpredictable climate fluctuations that 
exacerbate the effects of habitat fragmentation, such as those that are 
related to the El Ni[ntilde]o Southern Oscillation (ENSO). According to 
the U.S. Dept. of Commerce-National Oceanic and Atmospheric 
Administration (NOAA), the term ENSO refers to a range of variability 
associated with the southern trade winds in the eastern and central 
equatorial Pacific Ocean. El Ni[ntilde]o events are characterized by 
unusual warming of the ocean, while La Ni[ntilde]a events bring cooler 
ocean temperatures (Tropical Atmosphere Ocean (TAO) Project no date 
(n.d.), p. 1). Generally speaking, extreme ENSO events alter weather 
patterns, so that

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precipitation increases in normally dry areas, and decreases in 
normally wet areas. During an El Ni[ntilde]o event, rainfall 
dramatically increases, whereas a La Ni[ntilde]a event brings near-
drought conditions (Holmgren et al. 2001, p. 89).
    If we consider that wildlife habitat is not only defined by 
substrates (vegetation, soil, water), but also atmospheric conditions, 
then changes in air temperature and moisture can effectively change a 
species' habitat. Climate change is characterized by variations in the 
earth's temperature and precipitation, causing changes in atmospheric, 
oceanic, and terrestrial conditions (Parmesan and Mathews 2005, p. 
334). Global climate change and other periodic climatic patterns (e.g., 
El Ni[ntilde]o and La Ni[ntilde]a) can cause or exacerbate such 
negative impacts on a broad range of terrestrial ecosystems and 
Neotropical bird populations (England 2000, p. 86; Holmgren et al. 
2001, p. 89; Plumart 2007, pp. 1-2; Timmermann 1999, p. 694).
    Unpredictable climate fluctuations negatively impact populations 
undergoing habitat fragmentation. In the face of an unpredictable 
climate, the risk of population decline due to habitat fragmentation is 
heightened. Mora et al. (2007, p. 1027) found that the combined effects 
of habitat fragmentation and climate change (in this case, warming) had 
a synergistic effect, rather than additive. In other words, the 
interactive effects of both climate fluctuation and habitat 
fragmentation led to a greater population decline than if either 
climate change or habitat fragmentation were acting alone on 
populations. Jetz et al. (2007, p. 1211) investigated the effects of 
climate change on 8,750 land bird species, including the ash-breasted 
tit-tyrant, that are exposed to ongoing manmade land cover changes 
(i.e., habitat loss). They determined that a narrow endemic, such as 
the ash-breasted tit-tyrant, is likely to suffer greater impacts from 
climate change, especially where projected range contractions are 
driven by manmade land conversion activities (Jetz et al. 2007, p. 
1213). This is due to the species' already small population size, 
specialized habitat requirements, and heightened risk of extinction 
from stochastic demographic processes (see also Factor E). According to 
this study, by 2050, up to 18 percent of the ash-breasted tit-tyrant's 
current remaining range is likely to be unsuitable for this species due 
to climate change; and, by 2100, it is predicted that about 18 to 42 
percent of the species' range is likely to be lost as a direct result 
of global climate change (Jetz et al. 2007, Supplementary Table 2, p. 
73).
    In 1999, Timmermann (1999, p. 694) predicted that climate change 
events would increase the periodicity and severity of droughts and 
excessive rainfalls, such as those caused by El Ni[ntilde]o and La 
Ni[ntilde]a events. Evidence suggests that this is the case in Peru 
(Richter 2005, p. 24-25). Over the past decade, there have been four El 
Ni[ntilde]o events (1997-1998, 2002-2003, 2004-2005, and 2006-2007) and 
three La Ni[ntilde]a events (1998-2000, 2000-2001, and 2007-2008) 
(National Weather Service (NWS) 2009, p. 2). In Peru, the Andean 
highlands, and Polylepis species in particular, are strongly influenced 
by ENSO events (Christie et al. 2008, p. 1). Christie et al. (2008, p. 
1) found that tree growth in P. tarapacana is highly influenced by ENSO 
events because ENSO cycles on the Peruvian Coast are strongest during 
the growing season (December-February). ENSO-related droughts can 
increase tree mortality and dramatically alter age structure within 
tree populations, especially where woodlands have undergone 
disturbance, such as fire and grazing (Villalba and Veblen 1997, pp. 
121-123; Villalba and Veblen 1998, pp. 2624, 2637).
    With years of extremely high rainfall followed by years of 
extremely dry weather (Block and Richter 2007, p. 1), fire hazard is 
increased from the biomass accumulated during the wet period that dries 
and adds to the fuel load in the dry season (Block and Richter 2007, p. 
1; Power et al. 2007, p. 898). Evidence suggests that the fire cycle in 
Peru has shortened, particularly in coastal Peru and west of the Andes 
(Power et al. 2007, pp. 897-898). Changes in the fire-regime can have 
broad ecological consequences (Block and Richter 2007, p. 1; Power et 
al. 2007, p. 898). In the case of the ash-breasted tit-tyrant, burning 
is considered to be a key factor preventing Polylepis regeneration 
(Fjeldsa 2002a, p. 112, 120; Fjeldsa 2002b, p. 8). Research in 
Ecuadorian Polylepis - Gynoxys mixed woodlands indicated a strong 
reduction in P. incana adult and seedling survival following a single 
fire. This indicates that the species does not recover well from even a 
single fire event (Cierjacks et al. 2007, p. 176). An accelerated fire 
cycle would exacerbate this situation.
    Activities that destroy and alter habitat are ongoing within 
protected areas. This is further discussed under Factor D.

Summary of Factor A

    The ash-breasted tit-tyrant is dependent on Polylepis habitat, with 
a preference for dense woodlands. Polylepis habitat throughout the ash-
breasted tit-tyrant's range has been and continues to be altered and 
destroyed as a result of human activities, including clearcutting and 
burning for agriculture, grazing lands, tourism, and industrialization; 
extractive activities, including firewood, timber, and mineral 
extraction; and human encroachment and concomitant increased pressure 
on natural resources. Researchers estimate that 1 percent of the dense 
woodlands preferred by the species remains, and that all remaining 
habitat is fragmented and degraded. The ash-breasted tit-tyrant 
currently occupies an area of approximately 4,595 mi\2\ (11,900 km\2\) 
and appears to be unable to persist in forest remnants smaller than 2.5 
ac (1 ha). Forest fragments in some portions of the ash-breasted tit-
tyrant's range are approaching the lower threshold of the species' 
ecological requirements. The historical decline of habitat suitable for 
this species is attributed to the same human activities that are 
causing habitat loss today. Ongoing and accelerated habitat destruction 
of the remaining Polylepis forest fragments in Peru and Bolivia 
continues to reduce the quantity, quality, distribution, and 
regeneration of remaining patches. Human activities that degrade, 
alter, and destroy habitat are ongoing throughout the species' range, 
including within protected areas (see also Factor D). Current research 
indicates that climate fluctuations exacerbate the risks to species 
that are already undergoing range reduction due to habitat alteration. 
Climate models predict that this species' habitat will continue to 
decline. Experts consider the species' population decline to be 
commensurate with the declining habitat (Factor E). Therefore, we find 
that destruction and modification of habitat are threats to the 
continued existence of the ash-breasted tit-tyrant throughout its 
range.

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

    We are not aware of any information currently available that 
indicates that overutilization of the species for commercial, 
recreational, scientific, or educational purposes has occurred or is 
occurring at this time. As a result, we are not considering 
overutilization to be a threat to the continued existence of the ash-
breasted tit-tyrant.

C. Disease or Predation

    We are not aware of any scientific or commercial information that 
indicate disease or predation poses a threat to this species. As a 
result, we are not considering disease or predation to be a

[[Page 613]]

threat to the continued existence of the ash-breasted tit-tyrant.

D. Inadequacy of Existing Regulatory Mechanisms

    This analysis of regulatory mechanisms is discussed on a country-
by-country basis, beginning with Peru.
    Peru: The ash-breasted tit-tyrant is considered ``endangered'' by 
the Peruvian Government under Supreme Decree No. 034-2004-AG (2004, p. 
276855). This Decree prohibits hunting, take, transport, and trade of 
protected species, except as permitted by regulation. As hunting, take, 
transport, and trade are not currently threats to the ash-breasted tit-
tyrant (Factor B), this regulation does not mitigate any current 
threats to this species.
    The Peruvian national protected area system includes several 
categories of habitat protection. Habitat may be designated as any of 
the following: (1) Parque Nacional (National Park, an area managed 
mainly for ecosystem conservation and recreation ); (2) Santuario 
(Sanctuary, for the preservation of sites of notable natural or 
historical importance); (3) Reserva Nacional (National Reserve, for 
sustainable extraction of certain biological resources); (4) Bosque de 
Proteccion (Protection Forest, to safeguard soils and forests, 
especially for watershed conservation); (5) Zona Reservada (Reserved 
Zone, for temporary protection while further study is under way to 
determine their importance); (6) Bosque Nacional (National Forest, to 
be managed for utilization); (7) Reserva Comunal (Communal Reserve, for 
local area use and management, with national oversight); and (8) Cotos 
de Caza (Hunting Reserve, for local use and management, with national 
oversight) (BLI 2008, p. 1; Rodriguez and Young 2000, p. 330). National 
reserves, national forests, communal reserves, and hunting reserves are 
managed for the sustainable use of resources (IUCN 1994, p. 2). The 
designations of National Parks, Sanctuaries, and Protection Forests, 
are established by supreme decree that supersedes all other legal claim 
to the land and, thus, these areas tend to provide more habitat 
protection. All other protected areas are established by supreme 
resolution, which is viewed as a less powerful form of protection 
(Rodriguez and Young 2000, p. 330).
    Protected areas have been established through regulation in at 
least three sites occupied by the ash-breasted tit-tyrant in Peru: 
Parque Nacional Huascaran (Ancash), and Santuario Historico Machu 
Picchu (Cusco); and Zona Reservada de la Cordillera Huayhuash (spanning 
Ancash, Huanuco, and Lima) (Barrio 2005, p. 563; BLI 2009i, p. 1; BLI 
2009l, p. 1; BLI 2009n, p. 1). Habitat destruction and alteration, 
including burning, cutting, and grazing are ongoing within Parque 
Nacional Huascaran and Santuario Historico Machu Picchu (BLI 2009l, p. 
4; BLI 2009n, p. 2; Engblom et al. 2002, p. 58), where resources are 
supposed to be managed for conservation (Rodriguez and Young 2000, p. 
330). Reserved zones are intended to be protected pending further study 
(Rodriguez and Young 2000, p. 330). However, burning for habitat 
conversion and maintenance of pastures for grazing and increasing 
ecotourism are ongoing within Zona Reservada de la Cordillera Huayhuash 
(Barrio 2005, p. 564). Therefore, the occurrence of the ash-breasted 
tit-tyrant within protected areas in Peru does not protect the species, 
nor does it mitigate the threats to the species from ongoing habitat 
loss (Factor A) and concomitant population decline (Factor E).
    Recent studies by the Peruvian Society for Environmental Law (SPDA) 
have concluded that there are approximately 5,000 laws and regulations 
directly or indirectly related to environmental protection and natural 
resource conservation in Peru. However, many of these are not effective 
because of limited implementation and/or enforcement capability (Muller 
2001, pp. 1-2).
    Bolivia: The 1975 Law on Wildlife, National Parks, Hunting and 
Fishing (Decree Law No. 12,301 1975, pp. 1-34) has the fundamental 
objective of protecting the country's natural resources. This law 
governs the protection, management, utilization, transportation, and 
selling of wildlife and their products; the protection of endangered 
species; habitat conservation of fauna and flora; and the declaration 
of national parks, biological reserves, refuges, and wildlife 
sanctuaries, tending to the preservation, promotion, and rational use 
of these resources (Decree Law No. 12,301 1975, pp. 1-34; eLAW 2003, p. 
2). Although this law designates national protection for all wildlife, 
there is no information as to the actual protections this confers to 
ash-breasted tit-tyrants. Law No. 12,301 (1975, pp. 1-34) also placed 
into public trust all national parks, reserves, refuges, and wildlife 
sanctuaries. However, there is no specific information as to the 
governmental protections afforded within the protected areas to either 
the ash-breasted tit-tyrant or its habitat. Given the ongoing habitat 
destruction throughout the species' range in Bolivia, this law does not 
protect the species, nor does it mitigate the threats to the species 
from ongoing habitat loss (Factor A) and concomitant population decline 
(Factor E).
    Bolivia passed an overarching environmental law in 1992 (Law No. 
1,333 1992), with the intent of protecting and conserving the 
environment and natural resources. However, there is no specific 
legislation to implement these laws (eLAW 2003, p. 1). Therefore, we 
cannot determine that this law protects the species or mitigates the 
threats to the species from ongoing habitat loss (Factor A) and 
concomitant population decline (Factor E).
    In Bolivia, habitat is protected either on the national or 
departmental level through the following designations: (1) Parque 
(Park, for strict and permanent protection of representative of 
ecosystems and provincial habitats, as well as plant and animal 
resources, along with the geographical, scenic and natural landscapes 
that contain them); (2) Santuario (Sanctuary, for the strict and 
permanent protection of sites that house endemic plants and animals 
that are threatened or in danger of extinction); (3) Monumento Natural 
(Natural Monument, to preserve areas such as those with distinctive 
natural landscapes or geologic formations, and to conserve the 
biological diversity contained therein); (4) Reserva de Vida Silvestre 
(Wildlife Reserve, for protection, management, sustainable use and 
monitoring of wildlife); (5) Area Natural de Manejo Integrado (Natural 
Area of Integrated Management, where conservation of biological 
diversity is balanced with sustainable development of the local 
population; and (6) Reserva Natural de Inmovilizacion (``Immobilized'' 
Natural Reserve, a temporary (5-year) designation for an area that 
requires further research before any official designations can be made 
and during which time no natural resource concessions can be made 
within the area) (Supreme Decree No. 24,781 1997, p. 3). Within parks, 
sanctuaries and natural monuments, extraction or consumption of all 
resources are prohibited, except for ``scientific research, eco-
tourism, environmental education, and activities of subsistence of 
original towns, properly described and authorized.'' National protected 
areas are under the management of the national government, while 
departmental protected areas are managed at the department level (eLAW 
2003, p. 3; Supreme Decree No. 24,781 1997, p. 3).
    The ash-breasted tit-tyrant occurs within several protected areas 
in the Department of La Paz, Bolivia: Parque Nacional y area Natural de 
Manejo

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Integrado Madidi, Parque Nacional y area Natural de Manejo Integrado 
Cotapata, and the co-located protected areas of Reserva Nacional de 
Fauna de Apolobamba, area Natural de Manejo Integrado de Apolobamba, 
and Reserva de la Biosfera de Apolobamba (Auza and Hennessey 2005, p. 
81; BLI 2009a, p. 1; BLI 2009b, p. 1; BLI 2009c, p. 1; BLI 2009e, p. 
1). Although national parks are intended to be strictly protected, the 
two parks in which the species occurs (Parque Nacional y area Natural 
de Manejo Integrado Madidi and Parque Nacional y area Natural de Manejo 
Integrado Cotapata) are also designated as areas of integrated 
management, which are managed for the biological conservation balanced 
with the sustainable development of the local population (Supreme 
Decree No. 24,781 1997, p. 3). Grazing and firewood extraction are 
ongoing within Parque Nacional y area Natural de Manejo Integrado 
Cotapata (BLI 2009b, p. 2; BLI 2009c, p. 2). Commercial logging has 
occurred within Parque Nacional y area Natural de Manejo Integrado 
Madidi (BLI 2009a, p. 2; WCMC 1998a, p. 1). Uncontrolled clearing, 
extensive agriculture, grazing, and ``irresponsible'' tourism are 
ongoing within the Apolobamba protected areas (Auza and Hennessey 2005, 
p. 81; BLI 2009e, p. 5). Habitat degradation and destruction from 
grazing, forest fires, and timber extraction are ongoing in other 
protected areas, such as Tunari National Park (Department of 
Cochabamba, Bolivia), where suitable habitat exists for this species 
(De la Vie 2004, p. 7). Therefore, the occurrence of the ash-breasted 
tit-tyrant within protected areas in Bolivia does not protect the 
species, nor does it mitigate the threats to the species from ongoing 
habitat loss (Factor A) and concomitant population decline (Factor E).

Summary of Factor D

    Peru and Bolivia have enacted various laws and regulatory 
mechanisms to protect and manage wildlife and their habitats. The ash-
breasted tit-tyrant is ``endangered'' under Peruvian law and occurs 
within several protected areas in Peru and Bolivia. As discussed under 
Factor A, the ash-breasted tit-tyrant prefers dense woodlands, which 
have been reduced by an estimated 99 percent in Peru and Bolivia, and 
the remaining habitat is fragmented and degraded. Habitat throughout 
the species' range has been and continues to be altered as a result of 
human activities, including clearcutting and burning for agriculture, 
grazing lands, and industrialization; extractive activities, including, 
firewood, timber, and mineral extraction; and human encroachment and 
concomitant increased pressure on natural resources. Despite the 
species' ``endangered'' status in Peru and Bolivian laws intended to 
protect all wildlife and natural resources, these activities are 
ongoing within protected areas, indicating that the laws governing 
wildlife and habitat protection in both countries are either inadequate 
or inadequately enforced to protect the species or to mitigate ongoing 
habitat loss (Factor A) and population declines (Factor E). Therefore, 
we find that the existing regulatory mechanisms are inadequate to 
mitigate the current threats to the continued existence of the ash-
breasted tit-tyrant throughout its range.

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

    An additional factor that affects the continued existence of the 
ash-breasted tit-tyrant is the species' small population size. As 
discussed above (see Population Estimates), the global population 
estimate is not an accurate reflection of the species' effective 
population size because gene flow does not occur between the 
subspecies. At the same time, there is insufficient information on the 
subspecies or subpopulation level (in terms of numbers of individuals 
and breeding structure) to estimate the effective population size at 
the subspecies level. However, with an estimated global population size 
in the mid- to upper-hundreds (BLI 2000, p. 392; BLI 2007, p. 1; BLI 
2009o, p. 1), and the most recent estimate of 641 individuals (Chutas 
2007, pp. 4, 8; Gomez in litt. 2007, p. 1), the ash-breasted tit-tyrant 
is considered to have a ``very small population'' size (BLI 2000, p. 
392; BLI 2008, p. 1; BLI 2009o, p. 1).
    Small population size renders a species vulnerable to any of 
several risks, including inbreeding depression, loss of genetic 
variation, and accumulation of new mutations. Inbreeding can have 
individual or population-level consequences either by increasing the 
phenotypic expression (the outward appearance or observable structure, 
function, or behavior of a living organism) of recessive, deleterious 
alleles (harmful gene sequences) or by reducing the overall fitness of 
individuals in the population (Charlesworth and Charlesworth 1987, p. 
231; Shaffer 1981, p. 131). Small, isolated wildlife populations are 
also more susceptible to environmental fluctuations and demographic 
shifts (Pimm et al. 1988, pp. 757, 773-775; Shaffer 1981, p. 131), such 
as reduced reproductive success of individuals and chance 
disequilibrium of sex ratios. Species tend to have a higher risk of 
extinction if they occupy a small geographic range and occur at low 
density (Purvis et al. 2000, p. 1949).
    The ash-breasted tit-tyrant population declined at a rate between 
10 and 19 percent in the past 10 years, and this decline is expected to 
continue in close association with continued habitat loss and 
degradation (see Factor A) (BLI 2009o, p. 1). Extinction risk is 
heightened in small, declining populations by an increased 
vulnerability to the loss of genetic variation due to inbreeding 
depression and genetic drift (changes in relative frequency of gene 
sequences). This, in turn, compromises a species' ability to adapt 
genetically to changing environments (Frankham 1996, p. 1507) and 
reduces fitness, thus increasing extinction risk (Reed and Frankham 
2003, pp. 233-234). Once a population is reduced below a certain number 
of individuals, it tends to rapidly decline towards extinction 
(Franklin 1980, pp. 147-148; Gilpin and Soule 1986, p. 25; Holsinger 
2000, pp. 64-65; Soule 1987, p. 181).
    Complications arising from the species' small population size are 
exacerbated by the species' fragmented distribution. The ash-breasted 
tit-tyrant is currently confined to restricted and severely fragmented 
forest patches in the high Andes of Peru and Bolivia (BLI 2000, p. 392; 
BLI 2007, pp. 1; BLI 2008, p. 1; BLI 2009o, p. 1; Collar et al. 1992, 
p. 753; Fjeldsa and Kessler 1996, as cited in Fjeldsa 2002a, p. 113; 
del Hoyo et al. 2004, p. 281; InfoNatura 2007, p. 1) , where it is 
estimated that only 1 percent of the dense woodlands preferred by the 
species remain (Fjeldsa 2002a, p. 114; Smith 1971, p. 269) (see Habitat 
and Life History). Habitat fragmentation can cause genetic isolation 
and heighten the risks to the species associated with short-term 
genetic viability. Species with a small population size, combined with 
a restricted and severely fragmented range, are exposed to increased 
vulnerability to adverse natural events and manmade activities that 
destroy individuals and their habitat (Holsinger 2000, pp. 64-65; 
Primack 1998, pp. 279-308; Young and Clarke 2000, pp. 361-366).

Summary of Factor E

    The ash-breasted tit-tyrant has a small population size that 
renders it vulnerable to genetic risks that negatively impact the 
species' viability. The species occurs in two disjunct

[[Page 615]]

populations, where habitat is highly fragmented and continues to be 
altered by human activities (Factor A). The restricted and fragmented 
range, as well as its small population size, increases the species' 
vulnerability to extinction, through demographic or environmental 
fluctuations. Based on its small population size and fragmented 
distribution, we have determined that the ash-breasted tit-tyrant is 
particularly vulnerable to the threat of adverse natural events (e.g., 
genetic, demographic, or environmental) and human activities (e.g., 
deforestation, habitat alteration, and infrastructure development) that 
destroy individuals and their habitat. The genetic and demographic 
risks associated with small population sizes are exacerbated by ongoing 
human activities that continue to curtail the species' habitat 
throughout its range. The species' population has declined and is 
predicted to continue declining commensurate with ongoing habitat loss 
(Factor A). Therefore, we find that the species' small population size, 
in concert with its fragmented distribution and its heightened 
vulnerability to adverse natural events and manmade activities, are 
threats to the continued existence of the ash-breasted tit-tyrant 
throughout its range.

Status Determination for the Ash-Breasted Tit-Tyrant

    The ash-breasted tit-tyrant, a small New World tyrant flycatcher, 
exists in two disjunct areas in Peru and Bolivia. Preferring dense, 
semihumid Polylepis or Polylepis -mixed woodlands, the ash-breasted 
tit-tyrant occupies a narrow range of distribution, at elevations 
between 12,139 and 15,092 ft (3,700 and 4,600 m). The species has a 
highly restricted and severely fragmented range (approximately 4,595 
mi\2\ (11,900 km\2\)), and is known only in two disjunct areas: one 
location in west-central Peru (in the Peruvian Administrative Regions 
of Ancash, Huanuco, La Libertad, and Lima) and another location ranging 
from southern Peru (Apurimac, Cusco, Puno, and Arequipa Regions) into 
northern Bolivia (in the Department of La Paz). The known population of 
the ash-breasted tit-tyrant is estimated to be 641 individuals.
    We have carefully assessed the best available scientific and 
commercial information regarding the past, present, and potential 
future threats faced by the ash-breasted tit-tyrant and have concluded 
that there are three primary factors that threaten the continued 
existence of the ash-breasted tit-tyrant: (1) Habitat destruction, 
fragmentation, and degradation; (2) limited size and isolation of 
remaining populations; and (3) inadequate regulatory mechanisms.
    Human activities that degrade, alter, and destroy habitat are 
ongoing throughout the ash-breasted tit-tyrant's range. Widespread 
deforestation and the conversion of forests for grazing, agriculture, 
and human settlement have led to the fragmentation and degradation of 
habitat throughout the range of the ash-breasted tit-tyrant (Factor A). 
Researchers estimate that only 1 percent of the dense Polylepis 
woodlands preferred by the species remain extant. Limited by the 
availability of suitable habitat, the species occurs today only in some 
of these fragmented and disjunct locations. Ash-breasted tit-tyrant 
habitat continues to be altered by human activities, such as burning, 
grazing, extractive activities, and human encroachment, which result in 
the continued degradation, conversion, and destruction of habitat and 
reduce the quantity, quality, distribution, and regeneration of 
remaining forest patches.
    The ash-breasted tit-tyrant population is small, rendering the 
species particularly vulnerable to the threat of adverse natural events 
(e.g., genetic, demographic, or environmental) and human activities 
(e.g., deforestation and habitat alteration) that destroy individuals 
and their habitat. Ongoing human activities that curtail the species' 
habitat throughout its range exacerbate the genetic and demographic 
risks associated with small population sizes (Factor E). The population 
has declined 10-19 percent in the past 10 years (see Population 
Estimates), and is predicted to continue declining commensurate with 
ongoing habitat loss (Factor A). Habitat loss was a factor in the ash-
breasted tit-tyrant's historical population decline (see Historical 
Range and Distribution), and the species is considered to be declining 
today in association with the continued reduction in habitat (Factors A 
and E). Moreover, current research indicates that narrow endemics, such 
as the ash-breasted tit-tyrant, are especially susceptible to climate 
fluctuations, because of the synergistic effect these fluctuations have 
on declining populations that are also experiencing range reductions 
due to human activities (Factor A).
    Despite the species' ``endangered'' status in Peru and its 
occurrence within several protected areas in Peru and Bolivia (Factor 
D), human activities that degrade, alter, and destroy habitat are 
ongoing throughout the species' range, including within protected 
areas. Therefore, regulatory mechanisms are either inadequate or 
ineffective at curbing the threats to the ash-breasted tit-tyrant of 
habitat loss (Factor A) and corresponding population decline (Factor 
E).
    Section 3 of the Act defines an ``endangered species'' as ``any 
species which is in danger of extinction throughout all or a 
significant portion of its range'' and a ``threatened species'' as 
``any species which is likely to become an endangered species within 
the foreseeable future throughout all or a significant portion of its 
range.'' Based on the immediate and ongoing threats to the ash-breasted 
tit-tyrant throughout its entire range, as described above, we 
determine that the ash-breasted tit-tyrant is in danger of extinction 
throughout all of its range. Therefore, on the basis of the best 
available scientific and commercial information, we are proposing to 
list the ash-breasted tit-tyrant as an endangered species throughout 
all of its range.

II. Junin grebe (Podiceps taczanowskii)

Species Description

    The Junin grebe is a highly social, flightless water bird in the 
Podicipedidae family that is endemic to a single location (Lake Junin) 
in Peru. Other common names for the species (in English) are: Junin 
flightless grebe, puna grebe, and Taczanowski's grebe. This species is 
also known by two Spanish names: ``zampullin del Junin'' or 
``zambullidor de Junin'' (del Hoyo et al. 1992, p. 195; Fjeldsa 2004, 
p. 199; Instituto Nacional de Recursos Naturales (INRENA) 1996, p. 3; 
Ramsen et al. 2007, p. 18; Supreme Decree 034-2004-AG 2004, p. 276854).
    A slim, long-necked bird, the Junin grebe is about 13.78 in (35 cm) 
in length, and its weight ranges from 0.66 to 1.04 pounds (0.30 to 0.47 
kilograms) (BLI 2009b, p. 1; UNEP-WCMC 2009, p. 1). The Junin grebe has 
a pointed head, with dark feathers on its back, a white throat, and 
mottled, dusky-colored underparts. This grebe is distinguished by its 
slender gray bill, red iris, and dull yellow-orange colored feet. 
Immature birds are darker gray on the flanks than mature birds (BLI 
2009b, p. 1).

Taxonomy

    The Junin grebe was taxonomically described by Berlepsch and 
Stolzmann in 1894 (ITIS 2009, p. 1). It is one of nine species of 
grebes in the genus Podiceps worldwide (Dickinson 2003, p.80). The 
species' taxonomic status as Podiceps taczanowskii is valid (ITIS 2009, 
p. 1).

[[Page 616]]

Habitat and Life History

    The Junin grebe is endemic to the open waters and marshlands of 
Lake Junin, located at 13,390 ft (4,080 m) above sea level in the 
Peruvian Administrative Region of Junin (BLI 2003, p. 1; BLI 2009b, p. 
1). The 57-mi\2\ (147-km\2\) lake, also known as ``Chinchaycocha'' or 
``Lago de Junin,'' is large but fairly shallow (BLI 2003, p. 1; BLI 
2009a, p. 1; BLI 2009b, p. 1; ParksWatch 2009, p. 1; Tello 2007, p. 1). 
Situated within ``puna'' habitat, the climate is seasonal and can be 
``bitterly cold'' in the dry season (Fjeldsa 1981, p. 240). Local 
vegetation is characterized by tall dense grasslands and scrubland with 
open, rocky areas, all interspersed with wetlands and woodlands (BLI 
2003, p. 1; ParksWatch 2009, pp. 1, 4). The dominant terrestrial plant 
species surrounding the lake includes 43 species of grass (Poaceae 
family), 15 species of asters (Asteraceae family), and 10 species of 
legumes (Fabaceae family) (ParksWatch 2009, p. 1). Aquatic vegetation 
includes Andean watermilfoil (Myriophyllum quitense), several species 
of pondweed (including Elodea potamogeton, Potamogeton ferrugineus, and 
P. filliformis), and bladderwort (Utricularia spp.). Floating plants, 
such as duckweed (Lemna species (spp.)), large duckweed (Spiodela 
spp.), and water fern (Azolla filiculoides), also occur on the lake 
(ParksWatch 2009, p. 2). The Lake is surrounded by extensive marshland 
along the lake shore (BLI 2009a, p. 1; BLI 2009b, p. 1) that extends 
into the lake up to 1-3 mi (2-5 km) from shore (O'Donnel and Fjeldsa 
1997, p. 29). The marshes are dominated by two robust species of 
cattails, giant bulrush (Schoenoplectus californicus var. totara) and 
totorilla (Juncus articus var. andicola) (Fjeldsa 1981, pp. 244, 246). 
Both cattail species can reach nearly 6.6 ft (2 m) in height. These 
plant communities, or ``tortoras,'' grow so densely that stands are 
often impenetrable (ParksWatch 2009, p. 1). In shallow water, during 
low lake levels, ``tortora'' communities can become partially or 
completely dry (BLI 2009b, p. 1; ParksWatch 2009, p. 2).
    Lake Junin supports one of the richest and most diverse arrays of 
bird species of all Peruvian high Andean wetlands (ParksWatch 2009, p. 
3). These bird species include migratory birds, birds that nest at high 
altitude, aquatic birds, and local endemic species, such as the Junin 
grebe and the Junin rail (Laterallus tuerosi; also the subject of this 
proposed rule), the giant coot (Fulica ardesiaca), and the Chilean 
flamingo (Phoenicopterus chilensis) (BLI 2009a, pp. 2-3; ParksWatch 
2009, p. 3; Tello 2007, p. 2). Mammals are relatively scarce in the 
area, although there are some predators (ParksWatch 2009, p. 4) (see 
Factor C).
    Breeding season for this species occurs annually from November to 
March (Fjeldsa 1981, pp. 44, 246; O'Donnel and Fjeldsa 1997, p. 29). 
The Junin grebe nests in the protective cover of the marshlands during 
the breeding season (Fjeldsa 1981, p. 247; Tello 2007, p. 3), 
particularly in stands of giant bulrush (ParksWatch 2009, p. 4). Under 
natural conditions, winter rains increase the lake water level during 
the breeding season, allowing the grebes to venture into local bays and 
canals, although they are never found nesting on the lake's shore 
(Tello 2007, p. 3). The species nests in the giant bulrush marshlands 
(ParksWatch 2009, p. 4). Well-hidden floating nests can contain up to 
three eggs, with an average of two eggs, laid during November and 
December (Fjeldsa 1981, p. 245). The species is believed to have a 
deferred sexual maturation (Fjeldsa 2004, p. 201) and exhibits low 
breeding potential, perhaps as a reflection to adaptation to a ``highly 
predictable, stable environment'' (del Hoyo et al. 1992, p. 195), 
laying one clutch during the breeding season (ParksWatch 2009, p. 4). 
Junin grebes occasionally produce a replacement clutch if their 
original nest is disturbed (Fjeldsa 2004, pp. 199, 201). After the eggs 
hatch, the male grebe cares for the chicks, and does not leave the nest 
to feed. The female grebe is responsible for feeding the male and 
chicks until the chicks can leave the nest (Tello 2007, p. 3). The 
Junin grebe is likely a long-lived species (Fjeldsa 2004, p. 201), and 
its breeding success and population size are highly influenced by the 
climate (BLI 2008, pp. 1, 3-4; BLI 2009b, p. 2; Elton 2000, p. 3; 
Fjeldsa 2004, p. 200; Hirshfeld 2007, p. 107) (see Factor A).
    The Junin grebe feeds in the open waters of the lake and around the 
marsh edges, moving into the open waters of the lake to feed where it 
is easier to dive for food during the winter (Fjeldsa 1981, pp. 247-
248; Tello 2007, p. 3). Fish (primarily pupfish (Orestias spp.)) 
account for over 90 percent of the grebe's diet (Fjeldsa 1981, pp. 251-
252). Pupfish become scarce when the marshlands dry during periods of 
reduced water levels, and the Junin grebe is then known to vary its 
diet with midges (Order Diptera), corixid bugs (Trichocorixa 
reticulata), amphipods (Hyalella simplex), and shore fly maggots and 
pupa (Ephydriid spp.).

Historical Range and Distribution

    The Junin grebe was historically known to be endemic to Lake Junin, 
in the Peruvian Administrative Region of Junin (Fjeldsa 1981, p. 238; 
Fjeldsa 2004, p. 200; Fjeldsa and Krabbe 1990, p. 70; INRENA 1996, p. 
1). Experts believe that the species was previously distributed 
throughout the entire 57-mi\2\ (147-km\2\) lake (BLI 2003, p. 1; BLI 
2009a, p. 1; Fjeldsa 1981, p. 254; F. Gill and R.W. Storer, pers. comm. 
as cited in Fjeldsa 2004, p. 200). In 1938, the Junin grebe was 
encountered throughout the entire lake (Morrison 1939, p. 645). The 
Junin grebe is now absent from the northwest portion of Lake Junin due 
to mine waste contamination and a severe decline in population (Fjeldsa 
1981, p. 254; F. Gill and R.W. Storer, pers. comm. as cited in Fjeldsa 
2004, p. 200).

Current Range and Distribution

    The Junin grebe continues to be endemic to the 57-mi\2\ (147-km\2\) 
Lake Junin, located at 13,390 ft (4,080 m) above sea level in the 
Peruvian High Andes (BLI 2003, p. 1; BLI 2009a, p. 1; BLI 2009b, p. 1). 
Although BirdLife International (2009b, p. 1) reports the current 
estimated range of the species as 55 mi\2\ (143 km\2\), their 
definition of a species' range is the total area within its extent of 
occurrence (see Current Range and Distribution of the ash-breasted tit-
tyrant) (BLI 2000, pp. 22, 27). Noting that Lake Junin is only a 57-
mi\2\ (147-km\2\) lake (BLI 2003, p. 1; BLI 2009a, p. 1) and that the 
Junin grebe is restricted to the southern portion of the lake (Fjeldsa 
1981, p. 254; F. Gill and R.W. Storer, pers. comm. as cited in Fjeldsa 
2004, p. 200), its current range is actually smaller than the figure 
reported by BirdLife International. The entire population of this 
species is located within a protected area, the Junin National Reserve 
(BLI 2008, p. 2; BLI 2009a, p. 1; BLI 2009b, p. 1; ParksWatch 2009, p. 
4).

Population Estimates

    The current population of the Junin grebe is estimated to be 100-
300 individuals (BLI 2009b, p. 3), having undergone a severe population 
decline in the latter half of the 20th century, with extreme population 
fluctuations during this time (Fjeldsa 1981, p. 254). Field studies in 
1938 indicated that the Junin grebe was ``extremely abundant'' 
throughout Lake Junin (Morrison 1939, p. 645). Between 1961 and 1979 
the population fell from greater than 1,000 individuals to an estimated 
250-300 birds (BLI 2009b, p. 2; Collar et al. 1992, p. 43; Harris 1981, 
as cited in O'Donnell and Fjeldsa 1997, p. 30; Fjeldsa 1981, p.

[[Page 617]]

254). Surveys during the mid-1980s estimated a total of 250 individuals 
inhabiting the southern portion of Lake Junin (BLI 2009b, p. 2; Collar 
et al. 1992, p. 43). In 1992, only 100 birds were observed and, by 
1993, the population had declined to 50 birds, of which fewer than half 
were breeding adults (BLI 2008, p. 3; BLI 2009b, p. 2). In 1995, an 
estimated 205 Junin grebes were present on Lake Junin (O'Donnell and 
Fjeldsa 1997, p. 30). Breeding and fledging were apparently 
unsuccessful from 1995 to 1997. However, there were two successful 
broods fledged during the 1997 and 1998 breeding seasons (BLI 2008, p. 
3; T. Valqui in litt., as cited in BLI 2009b, p. 2). In 1998, more than 
250 Junin grebes were counted in a 1.5-mi\2\ (4-km\2\) area in the 
southern portion of Lake Junin, suggesting a total population of 350 to 
400 birds (T. Valqui in litt., as cited in BLI 2009b, p. 2). In 2001, 
field surveys indicated that there may have been a total population of 
300 birds, but that estimate has been considered overly optimistic 
(Fjeldsa in litt. 2003, as cited in BLI 2009b, p. 2). Fjeldsa (in litt. 
2003, as cited in BLI 2009b, p. 2) postulated that perhaps only half 
that number would have been mature individuals. These population 
fluctuations are strongly linked to precipitation (see Factor A).
    The species has experienced a population decline of 14 percent in 
the past 10 years, and is expected to continue to decline (BLI 2009b, 
pp. 1, 6-7). The species' decline is associated with continued habitat 
loss and degradation (Fjeldsa 1981, p. 254; F. Gill and R.W. Storer, 
pers. comm. as cited in Fjeldsa 2004, p. 200) (See Factors, A, C, and 
E).

Conservation Status

    The Junin grebe is considered ``critically endangered'' by the 
Peruvian Government under Supreme Decree No. 034-2004-AG (2004, p. 
276853). The IUCN categorizes the Junin grebe as ``Critically 
Endangered'' because it is endemic to one location and has undergone 
``significant population declines, such that an extremely small number 
of adults remain'' (BLI 2008, p. 1; BLI 2009b, pp. 1, 3). The single 
known population of the Junin grebe occurs wholly within one protected 
area in Peru, the Junin National Reserve (BLI 2009b, pp. 1-2).

Summary of Factors Affecting the Junin Grebe

A. The Present or Threatened Destruction, Modification, or Curtailment 
of the Species' Habitat or Range

    The Junin grebe is endemic to Lake Junin, where it resides year-
round. The species is completely dependent on the open waters and 
marshland margins of the lake for feeding and on the protective cover 
of the marshlands during the breeding season (BLI 2008, p. 1; BLI 
2009a, p. 1; Fjeldsa 1981, p. 247; Tello 2007, p. 3). The current 
estimated range of the species is 55 mi\2\ (143 km\2\) (BLI 2009b, p. 
1). However, as described under Current Range and Distribution, its 
actual range is smaller, because the species is restricted to the 
southern portion of the lake (BLI 2009b, p. 1; Fjeldsa 1981, p. 254; F. 
Gill and R.W. Storer, pers. comm. as cited in Fjeldsa 2004, p. 200). 
Breeding season begins in November (Fjeldsa 1981, pp. 44, 246; O'Donnel 
and Fjeldsa 1997, p. 29). Junin grebes build their nests (BLI 2008, p. 
1; Fjeldsa 1981, p. 247; Tello 2007, p. 3) and obtain their primary 
prey, pupfish, in the expansive offshore flooded marshlands that may 
extend into the lake up to 1-3 mi (2-5 km) from shore (Fjeldsa 2004, p. 
200; O'Donnel and Fjeldsa 1997, pp. 29-30).
    The quality of Junin grebe habitat and the species' reproductive 
success is highly influenced by water levels and the water quality of 
the lake. Water levels in the lake are affected by manmade activities 
(such as hydropower generation) that are exacerbated by unpredictable 
climate fluctuations (such as drought or excessive rain). Water quality 
in Lake Junin has been compromised by contamination.
    The Upamayo Dam, located at the northwest end of the lake, has been 
in operation since 1936, and lake water is used to power the 54-
megawatt Malpaso hydroelectric plant (Martin et al. 2001, p. 178; 
ParksWatch 2006, p. 5). Dam operations have caused seasonal water level 
fluctuations of as much as 6 ft (2 m) in Lake Junin (Martin and McNee 
1999, p. 659). Under normal conditions, water levels are lower in the 
dry season and the marshlands can become partially or completely dry 
(BLI 2009b, p. 1; ParksWatch 2009, p. 2). The floodgates of the dam are 
often opened during the dry season (June to November) (BLI 2009b, p. 1; 
ParksWatch 2009, p. 2), and water offtake for hydropower generation 
further drains the lake, such that by the end of the dry season, in 
November, the marshlands encircling the lake are more apt to become 
completely desiccated (Fjeldsa 2004, p. 123).
    Reduced water levels directly impact the Junin grebe's breeding 
success, by reducing the amount of available nesting habitat (BLI 2008, 
p. 1; Fjeldsa 2004, p. 200). The giant bulrush marshlands, upon which 
the Junin grebe relies for nesting and foraging habitat, have virtually 
disappeared from some sections of the lake (O'Donnel and Fjeldsa 1997, 
p. 29). When the marshlands are completely desiccated, the Junin grebe 
does not breed at all (Fjeldsa 2004, p. 123).
    Reduced water levels also impact the species by reducing the Junin 
grebe's primary prey, pupfish (Fjeldsa 2004, p. 200) (see Habitat and 
Life History). The perimeter of the flooded marshlands provides the 
primary recruitment habitat for fish in the lake during extremely dry 
years, including 1983-1987, 1991, and 1994-1997 (Fjeldsa 2004, p. 200; 
O'Donnel and Fjeldsa 1997, p. 29). Submerged aquatic vegetation, 
habitat for pupfish, has become very patchy, further triggering 
declines in the prey population. Few marshlands are permanently 
inundated now, due to the power generation requirements of the Upamayo 
Dam, and the giant bulrushes that previously grew tall and provided 
extensive cover for this species for breeding and feeding have 
virtually disappeared, reducing both nesting and foraging habitat for 
the Junin grebe. The reduction in nesting and foraging habitat are 
believed to contribute to mass mortality of Junin grebes during extreme 
drought years (O'Donnel and Fjeldsa 1997, p. 30).
    Manipulation of the Lake Junin's water levels also results in 
competition between the white-tufted grebe (Rollandia rolland) and the 
Junin grebe for food resources during the Junin grebe's breeding season 
(Fjeldsa 2004, p. 200). Under normal conditions, the expansive offshore 
marshlands may extend into the lake up to 1-3 mi (2-5 km) from shore 
(O'Donnel and Fjeldsa 1997, p. 29). In years when water levels remain 
high, the Junin grebe and white-tufted grebe are spatially segregated 
during the breeding season, with white-tufted grebes utilizing the 
interior of the reed marsh and Junin grebes remaining at the edges of 
the marshlands, closer to the center of the lake (Fjeldsa 1981, pp. 
245, 255). Near the end of the dry season, as early as October, when 
water levels are lower in the lake and the marshlands can partially or 
completely dry out (BLI 2009b, p. 1; ParksWatch 2009, p. 2), thousands 
of white-tufted grebes move from the interior of the marshlands to the 
edges, where they compete with the Junin grebe for food

[[Page 618]]

(Fjeldsa 1984, pp. 413-414). As the breeding season for the Junin grebe 
begins in November (Fjeldsa 1981, pp. 44, 246; O'Donnel and Fjeldsa 
1997, p. 29), Junin grebes build floating nests and breed on the 
margins of marshlands (BLI 2008, p. 1; Fjeldsa 1981, p. 247; Tello 
2007, p. 3), and a plentiful supply of fish becomes more important 
(O'Donnel and Fjeldsa 1997, p. 29). Competition becomes more critical 
the longer the water level remains low at the end of the dry season, 
and activities that further reduce low water levels only accentuate 
this competition (Fjeldsa 1981, pp. 252-253).
    Water quality affects the availability of habitat for the endemic 
Junin grebe. The water in Lake Junin has been contaminated from mining 
waste, agricultural runoff, and organic matter from the land 
surrounding the lake. There are several mining operations (lead, 
copper, and zinc) north of Lake Junin, and wastewater from the mines 
flows untreated into the lake via the Rio San Juan (Fjeldsa 1981, p. 
255; Martin and McNee 1999, pp. 660-661; ParksWatch 2006, p. 2; 
Shoobridge 2006, p. 3). Agricultural insecticides wash into Lake Junin 
from surrounding fields and through drainage systems from villages 
around the lake (ParksWatch 2006, pp. 5, 19). Organic matter 
originating from local communities is piped untreated into the lake, 
resulting in eutrophication (a process whereby excess nutrients 
facilitate excessive plant growth, which ultimately reduces the amount 
of dissolved oxygen in the water, harming oxygen-dependent organisms) 
(ParksWatch 2006, p. 5; Shoobridge 2006, p. 3).
    Lake Junin is a sink for several streams that transport mining 
wastes and other pollution downstream and into the lake (ParksWatch 
2006, p. 19). The Rio San Juan is the primary source of water for Lake 
Junin and feeds into the lake from the northern end (Fjeldsa 1981, p. 
255; Martin and McNee 1999, pp. 660-661; Shoobridge 2006, p. 3). Tests 
indicate that the Rio San Juan contains trace metals, including copper, 
lead, mercury, and zinc, in excess of currently accepted aquatic life 
thresholds (Martin and McNee 1999, pp. 660-661). Non-point source 
pollutants from agricultural fertilizers, such as ammonium and nitrate 
concentrations, are also suspended in the water column (Martin and 
McNee 1999, pp. 660-661). Iron oxide contamination is visible near the 
outflow of the Rio San Juan because iron oxide produces a reddish tinge 
to the water and reed borders. Vegetation near the river's outflow is 
completely absent (Fjeldsa 2004, p. 124; ParksWatch 2006, pp. 20-21), 
and this portion of the lake has been rendered lifeless by the 
precipitation of iron oxide from mining wastewaters (BLI 2008, p. 4). 
The giant bulrush marshlands, which once existed in great expanses 
around the entire perimeter of the lake and upon which the Junin grebe 
relies for nesting and foraging habitat, have virtually disappeared and 
at least one species of catfish (Pygidium oroyae) may have been 
extirpated from the lake (O'Donnel and Fjeldsa 1997, p. 29).
    Heavy metal contamination is not limited to the northern end of the 
lake (ParksWatch 2006, p. 20), but extends throughout the southern end 
(Martin and McNee 1999, p. 662), where the Junin grebe is now 
restricted (BLI 2003, p. 1; BLI 2009b, p. 1; Fjeldsa 1981, p. 254; F. 
Gill and R.W. Storer, pers. comm. as cited in Fjeldsa 2004, p. 200). 
Near the center of the lake, the bottom has been described as 
``lifeless,'' due to sedimentation of iron oxides (Fjeldsa 1981, pp. 
255-256; Fjeldsa 2004, p. 124). Martin et al. (2001, p. 180) determined 
that sediments at the lake's center are enriched with copper, zinc, and 
lead and are anoxic (having low levels of dissolved oxygen). High 
concentrations of dissolved copper, lead, and zinc have damaged an 
estimated one-third of the lake, increasing turbidity of the lake, and 
exceeding established aquatic life thresholds (Martin and McNee 1999, 
pp. 660-661; ParksWatch 2006, pp. 2, 20; Shoobridge 2006, p. 3). This 
has severely affected animal and plant populations in the area, 
contributing to mortality of species, including the Junin grebe, around 
the lake (ParksWatch 2006, pp. 3, 20) (see Factor C).
    In 2009, conservation organizations and civil society groups 
demanded action to reverse the deterioration of Lake Junin and 
requested an independent environmental audit and continuous monitoring 
of the lake (BLI 2009b p. 4; BLI 2009c, p. 1). The conservation groups 
BLI, American Bird Conservancy (ABC), Asociacion Ecosistemas Andinos 
(ECOAN), and INRENA adopted the Junin grebe as the symbol of wetland 
conservation for the high Andes (BLI 2009c, p. 1). Although 
translocation has been a consideration for the conservation of the 
Junin grebe since the mid-1990s, no suitable habitat for the species 
has been located (O'Donnel and Fjeldsa 1997, pp. 30, 35; BLI 2008, p. 
5; BLI 2009b, p. 2). None of these conservation organization's 
activities have been effective at curbing the ongoing habitat 
degradation (see also Factor D).
    The effects of habitat alteration and destruction (such as those 
caused by artificially reduced water levels and water contamination) 
are accentuated by unpredictable climate fluctuations (such as droughts 
or excessive rains) (Jetz et al. 2007, pp. 1211, 1213; Mora et al. 
2007, p. 1027). Peru is subject to unpredictable climate fluctuations, 
such as those that are related to the El Ni[ntilde]o Southern 
Oscillation (ENSO). Changes in weather patterns, such as ENSO cycles 
(El Ni[ntilde]o and La Ni[ntilde]a events), tend to increase 
precipitation in normally dry areas, and decrease precipitation in 
normally wet areas (Holmgren et al. 2001, p. 89; TAO Project n.d., p. 
1); thereby exacerbating the effects of habitat reduction and 
alteration on the decline of a species (England 2000, p. 86; Holmgren 
et al. 2001, p. 89; Jetz et al. 2007, pp. 1211, 1213; Mora et al. 2007, 
p. 1027; Parmesan and Mathews 2005, p. 334; Plumart 2007, pp. 1-2; 
Timmermann 1999, p. 694), especially for narrow endemics (Jetz et al. 
2007, p. 1213) such as the Junin grebe (see also Factor E). Moreover, 
the Junin grebe's low breeding potential is considered to be a 
reflection of its adaptation to being in a ``highly predictable, stable 
environment'' (del Hoyo et al. 1992, p. 195).
    The Junin grebe's breeding success and population size are highly 
influenced by the climate, with population declines occurring during 
dry years, population increases during rainy years, and mortality 
during extreme cold weather events. Several times during the last two 
decades (e.g., 1983-1987, 1991-1992, 1994-1997), the population has 
declined to 100 birds or less following particularly dry years (BLI 
2008, pp. 1, 3-4; BLI 2009b, p. 2; Elton 2000, p. 3; Fjeldsa 2004, p. 
200). There have been short-term population increases of 200 to 300 
birds in years with higher rainfall amounts following El Ni[ntilde]o 
events (such as the 1997-1998 and 2001-2002 breeding seasons) 
(PROFONANPE 2002, as cited in Fjeldsa 2004, p. 133; T. Valqui pers. 
comm., as cited in BLI 2009b, p. 2). However, excessive rains also 
increase contamination in Lake Junin, which decreases the amount of 
suitable habitat for the species (as described above) and has adverse 
effects on the species' health (see Factor C). Many Junin grebes died 
during extremely cold conditions in 1982 (BLI 2008, p. 4). In 2007, the 
population declined again following another cold weather event 
(Hirshfeld 2007, p. 107). ENSO cycles are ongoing, having occurred 
several times within the last decade (NWS 2009, p. 2), and evidence 
suggests that ENSO cycles have already increased in periodicity and 
severity (Richter 2005, pp. 24-25;

[[Page 619]]

Timmermann 1999, p. 694), which will exacerbate the negative impacts of 
habitat destruction on a species.
    Habitat degradation and alteration caused by fluctuating water 
levels and environmental contamination are considered key factors in 
the species' historical decline (Fjeldsa 1981, p. 254; F. Gill and R.W. 
Storer, pers. comm. as cited in Fjeldsa 2004, p. 200). The species has 
experienced a population decline of 14 percent in the past 10 years, 
and is expected to continue to decline as a result of deteriorating 
habitat and water quality (BLI 2009b, pp. 1, 6-7). Therefore, further 
habitat degradation is expected to continue impacting this species' 
already small population size (see Factor E).

Summary of Factor A

    The habitat in and around Lake Junin, where the Junin grebe is 
endemic, has been and continues to be altered and degraded as a result 
of human activities, including artificial water level fluctuations to 
generate hydropower and water contamination caused by mining waste, 
agricultural and organic runoff from surrounding lands, and wastewater 
from local communities. The Junin grebe is dependent on the quantity 
and quality of lake water for breeding and feeding. Water levels in 
Lake Junin are manipulated to generate electricity, which leads to 
dramatic fluctuations in water levels of up to 6 ft (1.8 m). The Junin 
grebe relies on the protective cover of flooded marshlands for nesting. 
As water drawdown occurs near the end of the dry season and the 
inception of the Junin grebe's mating season, portions of the 
marshlands may dry out completely. Reductions in water levels decrease 
the availability of suitable breeding and foraging habitat, and 
decrease the availability of the Junin grebe's primary prey, forcing 
competition with the white-tufted grebe for food. Drought years have a 
negative impact on the Junin grebe, resulting in severe population 
fluctuations due to poor breeding success and limited recruitment of 
juveniles into the adult population. Severed dry conditions can cause 
total breeding failure (see also Factor E).
    Although the population appears to rebound during wetter years 
(i.e., following El Ni[ntilde]o events) (see Habitat and Life History 
and Population Estimate), excessive rain decreases the suitable habitat 
for the species, as pollution washes into the water from around the 
lake and the upstream rivers that feed the lake, increasing 
contamination levels in Lake Junin. This increased contamination also 
affects the Junin grebe's health and has resulted in mortality of the 
species (see Factor C). Severe water contamination has rendered the 
northwest portion of the lake lifeless, devoid of aquatic and 
terrestrial species. Experts believe that the Junin grebe once 
inhabited the entire Lake, but the species is now confined to the 
southern portion of the lake due to water contamination (Historical 
Range and Distribution). Elevated levels of heavy metals may reduce the 
fitness and overall viability of the Junin grebe (Factor C), which 
would heighten risks associated with short- and long-term genetic 
viability (Factor E). Therefore, we find that destruction and 
modification of habitat are threats to the continued existence of the 
Junin grebe throughout its range.

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

    We are not aware of any information currently available that 
indicates that overutilization of Junin grebe for commercial, 
recreation, scientific, or education purposes has occurred or is 
occurring at this time. Fjeldsa (1981, pp. 254-255) notes that local 
hunters are not interested in grebes as food because they have ``too 
little meat.'' As a result, we are not considering overutilization to 
be a threat to the continued existence of the Junin grebe.

C. Disease or Predation

    Disease: Although no specific disease threat has been identified 
for the Junin grebe, contamination of Lake Junin has contributed 
directly and indirectly to Junin grebe mortality and has potentially 
reduced the overall fitness and health of the species. As discussed 
under Factor A, lead, copper, and zinc mining residues (Fjeldsa 1981, 
p. 255; Martin and McNee 1999, pp. 660-661; Shoobridge 2006, p. 3), 
agricultural runoff, organic matter, and wastewater are discharged 
directly into Lake Junin (ParksWatch 2006, pp. 5, 19; Shoobridge 2006, 
p. 3). High concentrations of environmental contaminants (including 
ammonium, copper, iron oxide, lead, mercury, nitrate, and zinc) have 
been detected throughout the lake (Fjeldsa 1981, pp. 255-256; Fjeldsa 
2004, p. 124; Martin and McNee 1999, pp. 660-662; ParksWatch 2006, pp. 
20-21) and exceed established thresholds for aquatic life (Martin and 
McNee 1999, pp. 660-661; ParksWatch 2006, p. 20). Chemical waste has 
rendered the northern portion of the lake lifeless due to 
eutrophication (BLI 2008, p. 4; Shoobridge 2006, p. 3) and the 
sediments in the center of the lake anoxic (containing no dissolved 
oxygen) (Martin et al. 2001, p. 180). High concentrations of suspended 
particulate matter increases the turbidity of the water, making it less 
penetrable to sunlight and resulting in die-off of aquatic plants and 
algae (ParksWatch 2006, p. 20). Chemical waste has damaged at least one 
third of the lake and has severely affected animal and plant 
populations in the area (O'Donnel and Fjeldsa 1997, p. 29; ParksWatch 
2006, pp. 3, 20; Shoobridge 2006, p. 3). The northern portion of the 
lake is completely devoid of vegetation (Fjeldsa 2004, p. 124; 
ParksWatch 2006, pp. 20-21), and the giant bulrush marshlands, which 
once existed in great expanses around the entire perimeter of the lake 
and upon which the Junin grebe relies for nesting and foraging habitat, 
have virtually disappeared. At least one species of catfish (Pygidium 
oroyae) may have been extirpated from the lake (O'Donnel and Fjeldsa 
1997, p. 29). During years of heavy rainfall, the lake is filled, and 
the lakeshore becomes polluted with ``toxic acid gray sediment'' that 
has caused large-scale mortality of cattle (approximately 2,000 in 
1994) and birds, apparently due to lead poisoning (O'Donnel and Fjeldsa 
1997, p. 30). Lead poisoning from the presence of mine wastes is a 
common cause of mortality in waterbirds, and is medically described as 
an intoxication resulting from absorption of hazardous levels of lead 
into body tissues (Friend and Franson 1999, p. 317).
    Water contamination has directly affected the health of the Junin 
grebe population. As predators of aquatic organisms, the Junin grebe 
occupies a mid-tertiary level position in the food chain and is prone 
to bioaccumulation of pesticides, heavy metals, and other contaminants 
that are absorbed or ingested by its prey (Fjeldsa 1981, pp. 255-256; 
Fjeldsa 2004, p. 123). Green plants form the first trophic, or feeding, 
level; they are the primary producers. Herbivores form the second 
trophic level, while carnivores form the third and even fourth trophic 
levels (The University of the Western Cape 2009, p. 1). Moreover, 
species such as the Junin grebe, which inhabit high trophic levels, are 
strictly dependent upon the functioning of a multitude of ecosystem 
processes. The loss or absence of species at lower trophic levels can 
result in cascading ecosystem effects, causing imbalances in the food 
web at all higher trophic levels (The University of the Western Cape 
2009, p. 1). In parts of the lake, increased turbidity has caused die-
off of aquatic plants and algae, disrupting the food chain (ParksWatch 
2006, p. 20). Studies indicate that lead mining effluents severely 
reduce or eliminate primary prey populations of

[[Page 620]]

fish and aquatic invertebrates, either directly through lethal 
toxicity, or indirectly through toxicity to their prey species (Demayo 
et al. 1982, as cited in Eisler 1988, p. 5). Analysis of feathers and 
bone tissue of Junin grebes and of pupfish, the species' primary prey, 
indicate that both the grebe and its prey contain elevated lead levels 
(Fjeldsa 1981, pp. 255-256).
    Drought conditions exacerbate the effects of water contamination 
and bioaccumulation of contaminants in aquatic species. From 1989 to 
1992, an extensive drought occurred in the Lake Junin area. During that 
time, many dead Junin grebes and other waterbirds were found along the 
edges of the lakeshore (T. Valqui and J. Barrio in litt. 1992, as cited 
in Collar et al. 1992, p. 45, 190). In 1992, one of the driest years in 
decades, up to 10 dead grebes per month were reported around the lake. 
Three Junin grebe carcasses were found along 1.2 mi (2 km) of shoreline 
in one month alone (T. Valqui and J. Barrio in litt. 1992, as cited in 
Collar et al. 1992, p. 45). Experts consider the cause of death to have 
been either heavy metal contamination, which increased in concentration 
as water levels decreased (T. Valqui and J. Barrio in litt. 1992, as 
cited in Collar et al. 1992, p. 45), or reduced prey availability 
(Fjeldsa 2004, p. 124). Reduced prey availability is exacerbated by 
manmade activities that are reducing the water levels of the lake, 
increasing competition among sympatric grebe species (different species 
that occupy the same range) and decreasing the marshlands that provide 
primary spawning habitat for the pupfish, the grebe's primary prey 
species (Factor A).
    Persistent exposure to contaminants can contribute to a decline in 
fitness for long-lived, mid-trophic level species, which is inherited 
by offspring and can impact embryonic development, juvenile health, or 
viability (Rose 2008, p. 624). The excessive contaminant load in Lake 
Junin could also allow opportunistic bacterial and viral infections to 
overcome individuals. According to Fjeldsa (1981, p. 254), the Junin 
grebe bears a heavy infestation of stomach nematodes (parasitic 
roundworms), especially as compared to other grebe species. Stomach 
contents of Junin grebes that have been examined had an average of 16.7 
nematodes, compared with no nematodes in silver grebes and 1.6 
nematodes in white-tufted grebes. Fjeldsa (1981, p. 254) postulates 
that the higher nematode infestation in Junin grebes may be an 
indicator of poor health.
    Predation: Predators around Lake Junin include the Andean fox 
(Pseudalopex culpaues), the long-tailed weasel (Mustela frenata), 
Pampas cat (Onicifelis colocolo), and hog-nosed skunk (Conepatus 
chinga) (ParksWatch 2009, p. 4). However, nest sites of the Junin grebe 
are generally inaccessible to mammalian predators (Fjeldsa 1981, p. 
254). The only raptor likely to take a grebe on Lake Junin is the 
Cinereus harrier (Circus cinereus), which primarily feeds in white-
tufted grebe habitats. Moorhens (Gallinula chloropus), which also 
inhabit the lake (ParksWatch 2009, p. 3; Tello 2007, p. 2), are egg 
stealers and may steal Junin grebe eggs for food (Fjeldsa 1981, p. 
254). However, there is no direct evidence of predation upon the Junin 
grebe.

Summary of Factor C

    Environmental contamination poses direct and indirect threats to 
the Junin grebe's overall health and survival. The species' trophic 
level also exposes it to bioaccumulation of toxins accumulated in the 
tissue of prey species. Research indicates that the species has 
elevated lead levels and carries a high load of nematodes, a possible 
indicator of overall poor health. Junin grebes have died as a direct 
result of contaminant poisoning or reduction in the pupfish, which has 
also been found to carry elevated lead levels. Therefore, we find that 
disease is a threat to the continued existence of the Junin grebe. 
However, there is no available evidence to indicate that predation is 
causing declines in Junin grebe populations or otherwise contributing 
to the species' risk of extinction. Therefore, we find that predation 
is not a threat to the Junin grebe.

D. Inadequacy of Existing Regulatory Mechanisms

    The Junin grebe is listed as ``critically endangered'' by the 
Peruvian Government under Supreme Decree No. 034-2004-AG (2004, p. 
276853). This Decree prohibits hunting, take, transport, and trade of 
protected species, except as permitted by regulation. As hunting, take, 
transport, and trade do not currently threaten the Junin grebe, this 
regulation does not mitigate any current threats to this species.
    Peru has several categories of national habitat protection, which 
were described above as part of the Factor D analysis for the ash-
breasted tit-tyrant (BLI 2008, p. 1; IUCN 1994, p. 2; Rodriguez and 
Young 2000, p. 330). The Junin grebe population occurs wholly within 
one protected area: the Junin National Reserve (Junin, Peru) (BLI 
2009b, pp. 1-2). The Junin National Reserve has an area of 133,437 ac 
(53,000 ha), bordering Lake Junin and its adjacent territories (Wege 
and Long 1995, p. 264). In Peru, National Reserves are also created for 
the sustainable extraction of certain biological resources (BLI 2008, 
p. 1; Rodriguez and Young 2000, p. 330). Established in 1974, through 
Supreme Decree No. 0750-74-AG, the stated objectives of the Junin 
National Reserve include: integrated conservation of the local 
ecosystem, its associated flora and wildlife; preservation of the 
scenic beauty of the lake; and support of socioeconomic development in 
the area through the sustainable use of its renewable natural resources 
(BLI 2009a, p. 2; Hirshfeld 2007, p. 107). Most of the lakeshore is 
designated a ``Direct Use Zone,'' which allows fishing, grazing, and 
other educational, research, and recreational activities (ParksWatch 
2006, p. 12). Although designation of this reserve has heightened 
awareness of the ecological problems at Lake Junin (BLI 2009c, p. 1), 
it has not reduced or eliminated the primary threats to the Junin 
grebe: water fluctuations and contamination (Factor A), contamination 
resulting in poor health (Factor C), and small population size (Factor 
E). Therefore, the existence of this species within a protected area 
has not reduced or mitigated the threats to the species.
    The Junin National Reserve was designated a Ramsar site under the 
Convention on Wetlands of International Importance (Ramsar Convention) 
in 1997 (BLI 2009a, p. 2; Hirshfeld 2007, p. 107; INRENA 1996, pp. 1-
14). The Ramsar Convention, signed in Ramsar, Iran, in 1971, is an 
intergovernmental treaty which provides the framework for national 
action and international cooperation for the conservation and wise use 
of wetlands and their resources. There are presently 159 Contracting 
Parties to the Convention (including Lake Junin), with 1,874 wetland 
sites, totaling more than 457 million ac (185 million ha), designated 
for inclusion in the Ramsar List of Wetlands of International 
Importance (Ramsar 2009, p. 1). Peru acceded to Ramsar in 1992. It has 
13 sites on the Ramsar list, comprising 16.8 million ac (6.8 million 
ha) (Ramsar 2009, p. 5). In an examination of 5 Ramsar sites, experts 
noted that Ramsar designation may provide nominal protection 
(protection in name only) by increasing both international awareness of 
a site's ecological value and stakeholder involvement in conservation 
(Jellison et al. 2004, pp. 1, 4, 19). However, activities that 
negatively impact the Junin grebe are

[[Page 621]]

ongoing within this Ramsar wetland, including water fluctuations and 
contamination (Factor A), contamination resulting in poor health 
(Factor C), and small population size (Factor E). Therefore, the Ramsar 
designation has not mitigated the impact of threats on the Junin grebe.
    In 2002, the Peruvian Government passed an emergency law to protect 
Lake Junin. This law makes provisions for the cleanup of Lake Junin, 
and places greater restrictions on extraction of water for hydropower 
and mining activities (J. Fjeldsa in litt. 2003, as cited in BLI 2007, 
p. 3). However, this law has not been effectively implemented, and 
conditions around the lake may even have worsened after passage of this 
law (BLI 2009c, p. 1). The Ministry of Energy and Mining has 
implemented a series of Environmental Mitigation Programs (PAMA) to 
combat mine waste pollution in the Junin National Reserve (ParksWatch 
2006, p. 21; ParksWatch 2009 p. 3). The PAMAs were scheduled to have 
been completed by 2002, but extensions have been granted, indicating 
that many of the mines currently in operation are still functioning 
without a valid PAMA. Reductions in pollution are reported because some 
mine companies have begun to utilize drainage fields and recycle 
residual water. However, analysis of existing PAMAs indicate that they 
do not address specific responsibilities for mining waste discharged 
into the Rio San Juan and delta, nor do they address deposition of 
heavy metal-laced sediments in Lake Junin (ParksWatch 2006, p. 21; 
ParksWatch 2009, p. 3). Recent information indicates that mining waste 
contamination in the lake continues to be a source of pollution 
(ParksWatch 2006, pp. 20-21; Fjeldsa 2004, p. 124; BLI 2009b, p. 1). 
Therefore, this law is not effective at mitigating the threat of 
habitat degradation (Factor A), health issues associated with 
contamination (Factor C) and small population size of the species 
(Factor E).
    There are approximately 5,000 laws and regulations directly or 
indirectly related to environmental protection and natural resource 
conservation in Peru. Recent studies by the Peruvian Society for 
Environmental Law (SPDA) have concluded that many of these are not 
effective because of limited implementation and/or enforcement 
capability (Muller 2001, pp. 1-2).

Summary of Factor D

    Peru has enacted various laws and regulatory mechanisms for the 
protection and management of wildlife and their habitats. The Junin 
grebe is ``critically endangered'' under Peruvian law, and its entire 
population occurs within one protected area. As discussed under Factor 
A, the Junin grebe's distribution, breeding success and recruitment, 
and food availability on Lake Junin has been curtailed, and are 
negatively impacted due to habitat destruction that is caused by 
artificial water fluctuations and water contamination from human 
activities. These habitat-altering activities are ongoing throughout 
the species' range, which is wholly encompassed within one protected 
area. Thus, despite the species' critically endangered status and 
presence within a designated protected area, laws governing wildlife 
and habitat protection in Peru are inadequately enforced or ineffective 
at protecting the species or mitigating ongoing habitat degradation 
(Factor A), impacts from contaminants, and concomitant population 
declines (Factor E). Therefore, we find that the existing regulatory 
mechanisms are inadequate to mitigate the threats to the continued 
existence of the Junin grebe throughout its range.

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

    An additional factor that affects the continued existence of the 
Junin grebe is the species' small population size. The current 
population of the Junin grebe is estimated to be 100-300 individuals, 
however, only an ``extremely small number of adults remain'' (BLI 2008, 
p. 1; BLI 2009b, pp. 1, 3). The number of adults in a population are 
important because these individuals contribute to the next generation 
(Shaffer 1981, pp. 132-133; Soule 1980, pp. 160-162). The Junin grebe 
underwent a severe population decline in the latter half of the 20th 
century, with extreme population fluctuations (Fjeldsa 1981, p. 254) 
(see Population Estimates). For example, in 1993, the population size 
declined to below 50 individuals, of which fewer than half were 
breeding adults (BLI 2008, p. 3; BLI 2009b, p. 2). Even if the estimate 
of 100-300 individuals is correct, the number of mature individuals is 
likely to be far smaller, perhaps only half (Fjeldsa in litt. 2003, as 
cited in BLI 2009b, p. 2). Therefore, 100-300 individuals overestimates 
the species' effective population size (the number of breeding 
individuals that contribute to the next generation) (Shaffer 1981, pp. 
132-133; Soule 1980, pp. 160-162).
    Small population size renders species vulnerable to genetic risks 
that can have individual or population-level genetic consequences, such 
as inbreeding depression, loss of genetic variation, and accumulation 
of new mutations, and may affect the species' viability by increasing 
its susceptibility to demographic shifts or environmental fluctuations, 
as explained in more detail above in the Factor E analysis for the ash-
breasted tit-tyrant (Charlesworth and Charlesworth 1987, p. 238; Pimm 
et al. 1988, pp. 757, 773-775; Shaffer 1981, p. 131). Small population 
size also leads to a higher risk of extinction and, once a population 
is reduced below a certain number of individuals, it tends to rapidly 
decline towards extinction (Frankham 1996, p. 1507; Franklin 1980, pp. 
147-148; Gilpin and Soule 1986, p. 25; Holsinger 2000, pp. 64-65; 
Purvis et al. 2000, p. 1949; Reed and Frankham 2003, pp. 233-234; Soule 
1987, p. 181). In addition, species that inhabit a small geographic 
range, occur at low density, occupy a high trophic level, and exhibit 
low reproductive rates tend to have a higher risk of extinction than 
species that are not limited by the same risk factors (Purvis et al. 
2000, p. 1949).
    Complications arising from the species' small population size are 
exacerbated by the species' restricted range and threat of disease 
(Factor C). The Junin grebe is known only from a single Andean lake, 
Lake Junin, in central Peru (BLI 2000, p. 45; BLI 2009b, p. 1; Collar 
et al. 1992, p. 43). Although the species was believed to have been 
previously distributed throughout the entire 57-mi\2\ (147-km\2\) lake 
(Fjeldsa 1981, p. 254; F. Gill and R.W. Storer, pers. comm. as cited in 
Fjeldsa 2004, p. 200; Morrison 1939, p. 645), it is now restricted to 
the southern portion of Lake Junin (BLI 2009b, p. 1; Fjeldsa 1981, p. 
254; F. Gill and R.W. Storer, pers. comm. as cited in Fjeldsa 2004, p. 
200). The population has declined by at least 14 percent in the last 10 
years and is expected to continue to decline, as a result of declining 
water quality and extreme water level fluctuations (BLI 2009b, pp. 1, 
4, 6-7) (Factor A). We consider that the risks associated with small 
population size will continue to impact this species and may 
accelerate, if habitat destruction continues unabated. Environmental 
contamination poses direct and indirect threats to the Junin grebe's 
overall health and survival, including the presence of toxins in both 
the Junin grebe and its primary prey species and mass die-offs that are 
linked to contamination or reduction in prey species (Factor C). A 
species' small population size, combined with its restricted range and 
threat of disease, increases the species'

[[Page 622]]

vulnerability to adverse natural events and manmade activities that 
destroy individuals and their habitat (Holsinger 2000, pp. 64-65; 
Primack 1998, pp. 279-308; Young and Clarke 2000, pp. 361-366).

Summary of Factor E

    The Junin grebe has a small population size that renders it 
vulnerable to genetic risks that negatively impact the species' long-
term viability and, possibly, its short-term viability. The species has 
a restricted range and occurs in habitat that continues to undergo 
degradation and curtailment due to human activities (Factor A). 
Environmental contaminants have caused die-offs of the species and have 
likely reduced the overall general health of the Junin grebe population 
(Factor C). The small population size, as well as its restricted range 
and health issues associated with contamination, increases the species' 
vulnerability to extinction, through demographic or environmental 
fluctuations. Based on its small population size, restricted range, and 
threat of disease, we have determined that the Junin grebe is 
particularly vulnerable to the threat of adverse natural events (e.g., 
genetic, demographic, or environmental) and human activities (e.g., 
water level manipulation) that destroy individuals and their habitat. 
The genetic and demographic risks associated with small population 
sizes are exacerbated by ongoing human activities that continue to 
curtail the species' habitat throughout its range. The species' 
population has declined and is predicted to continue declining due to 
an ongoing reduction in water quality and extreme water level 
fluctuations (Factor A). Therefore, we find that the species' small 
population size, in concert with its restricted range, threat of 
disease, and its heightened vulnerability to adverse natural events and 
manmade activities, are threats to the continued existence of the Junin 
grebe throughout its range.

Status Determination for the Junin Grebe

    The Junin grebe, a flightless grebe, is endemic to Lake Junin, 
found at 13,390 ft (4,080 m) above sea level in Peru, where it resides 
year-round. The species relies on the open waters and marshland margins 
of the lake for feeding and on the protective cover of the marshland 
margins for nesting during the breeding season. The species has a 
highly restricted range (approximately 55 mi\2\ (143 km\2\)) and is 
currently known only in one location in central Peru. The species' 
population size is estimated as 100-300 individuals, although the 
number of mature individuals may be limited to half this amount.
    We have carefully assessed the best available scientific and 
commercial information regarding the past, present, and potential 
future threats faced by the Junin grebe and have concluded that there 
are four primary factors that threaten the continued existence of the 
Junin grebe: (1) Habitat destruction, fragmentation, and degradation; 
(2) disease; (3) limited size and isolation of remaining populations; 
and (4) inadequate regulatory mechanisms.
    Human activities that degrade, alter, and destroy habitat are 
ongoing throughout the Junin grebe's range. Lake waters are 
artificially manipulated to produce hydropower, resulting in reductions 
in water levels that impact the species' nesting and foraging sites. 
Manipulation of water levels for hydropower production reduces prey 
populations, causes increased food competition with white-tufted 
grebes, and results in the abandonment of breeding in drought years. 
Reduced water levels have permanently destroyed segments of giant 
bulrush communities, compromising the amount of suitable flooded 
marshland available for nesting (Factor A). Mining, agricultural, and 
organic materials have contaminated the water, causing eutrophication 
and anoxia in portions of the lake and the accumulation of trace 
minerals in lake bottom sediments. This has had direct effects on the 
Junin grebe, destroying habitat in the northwest portion of the lake so 
that the species' range is restricted to only the southern portion of 
Lake Junin and causing Junin grebe mortality during times of drought 
(Factors A and C). Contaminants have also reduced or eliminated 
submerged and emergent vegetation throughout the lake, decreasing 
pupfish spawning habitat and reducing prey availability (Factor A).
    Junin grebe habitat continues to be altered by human activities, 
conversion, and destruction of habitat, which reduce the quantity, 
quality, distribution, and regeneration of habitat available for the 
Junin grebe on Lake Junin. Habitat loss was a factor in the Junin 
grebe's historical population decline (see Historical Range and 
Distribution). Population declines have been correlated with water 
availability, and droughts have caused severe population fluctuations 
that have likely compromised the species' long-term viability. The 
Junin grebe population is small, rendering the species vulnerable to 
the threat of adverse natural (e.g., genetic, demographic) and human 
activity (e.g., water extraction and contaminants from mining) events 
that destroy individuals and their habitat. (Factor E). The Junin 
grebe's reproductive success and life cycle relies on the availability 
of sufficient water in Lake Junin. During drought years, nesting and 
reproduction decline.
    Although the population appears to rebound during wetter years 
(such as following excessive rains from El Ni[ntilde]o events (see 
Population Estimate and Factor A), excessive rains also bring 
additional contaminants into the lake as runoff from lands surrounding 
the lake and upstream rivers. Research indicates that both the Junin 
grebe and its primary prey species, the pupfish, have accumulated 
toxins resulting in elevated lead levels. Environmental contaminants 
have caused die-offs of the species and have likely reduced the general 
health of the Junin grebe population (Factor C). The population has 
declined 14 percent in the past 10 years (see Population Estimates), 
and this decline is predicted to continue commensurate with ongoing 
threats from habitat destruction and water contamination (Factor A).
    Despite the species' ``critically endangered'' status in Peru and 
its occurrence entirely within a protected area, the lake continues to 
be destroyed and degraded as a result of human activities that alter 
the lake's water levels and compromise water quality (Factors A and C). 
Therefore, regulatory mechanisms are either inadequate or ineffective 
at mitigating the existing threats to the Junin grebe and its habitat 
(Factor D).
    Section 3 of the Act defines an ``endangered species'' as ``any 
species which is in danger of extinction throughout all or a 
significant portion of its range'' and a ``threatened species'' as 
``any species which is likely to become an endangered species within 
the foreseeable future throughout all or a significant portion of its 
range.'' Based on the immediate and ongoing threats to the Junin grebe 
throughout its entire range, as described above, we determine that the 
Junin grebe is in danger of extinction throughout all of its range. 
Therefore, on the basis of the best available scientific and commercial 
information, we are proposing to list the Junin grebe as an endangered 
species throughout all of its range.

III. Junin rail (Laterallus tuerosi)

Species Description

    The Junin rail is a secretive bird of the Rallidae family that is 
endemic to a single lake (Lake Junin) in Peru. The species is also 
referred to as the Junin black rail (Fjeldsa 1983, p. 281) and is 
locally known as ``gallinetita de Junin''

[[Page 623]]

(Supreme Decree 034-2004-AG 2004, p. 27684). This rail measures 4.7-5.1 
in (12-13 cm) in length, and has a dark slate-colored head, throat and 
underparts. Its belly and vent (anal aperture) are black, with heavily-
barred white primary feathers along the back and side. The under-tail 
coverts (feathers on the underside of the base of the tail) are buff in 
color, with a dull rufous-brown back. The remaining underparts are dark 
brown and boldly barred in white, and the legs are greenish-yellow (BLI 
2009b, p. 1).

Taxonomy

    The Junin rail was first taxonomically described as Laterallus 
spilonotus after Gould's 1841 description of the Galapagos crake 
(Fjeldsa 1983, p. 281; ITIS 2009b, p. 1). Fjeldsa (1983) later 
described it as a subspecies of the black rail (Laterallus jamaicensis 
tuerosi) (Fjeldsa 1983, pp. 277-282; Fjeldsa and Krabbe 1990, p. 146; 
ITIS 2009a, p. 1), noting that the bird's morphology may suggest that 
it is a distinct species (Fjeldsa 1983, p. 281). Laterallus jamaicensis 
has since been split into L. jamaicensis and L. tuerosi (BLI 2009b, p. 
1). ITIS continues to list the species as the subspecies L. j. tuerosi 
based on Fjeldsa's work in 1983 (ITIS 2009a, p. 1). BirdLife 
International considers this rail a full species based on morphological 
differences (BLI 2009b p. 1). Furthermore, the black rail, Laterallus 
jamaicensis occurs at much lower elevations (i.e., 0 to 4,429 ft (0 to 
1,350 m) above sea level) (Collar et al. 1992, p. 190; BLI 2000, p. 
170; BLI 2007, p. 1). Based on the morphological differences and the 
species' distinct and disjunct ranges, we consider the Junin rail to be 
a discrete species and recognize it as L. tuerosi.
    It should be noted that it appears that only 2 specimens of the 
Junin rail have ever been collected (near Ondores) (Fjeldsa 1983, pp. 
278-279) and that all expert accounts of this species rely solely on 
that collection and a subsequent observation of the species in Pari 
(Fjeldsa in litt., 1992, as cited in Collar et al. 1992, p. 190).

Habitat and Life History

    The Junin rail inhabits Lake Junin at 13,390 ft (4,080 m) above sea 
level in the Andean highlands of Peru (Junin Region). The Junin rail 
occurs in the dense, interior marshlands where rushes (Juncus spp.) 
predominate or in more open mosaics of rushes, mosses (division 
Bryophyta), and low herbs (Fjeldsa 1983, p. 281). Lake Junin, home to 
the Junin grebe that is also the subject of this proposed rule, is 
located in the seasonally climatic ``puna'' habitat, with a variety of 
species of grasses, asters, and trees of the bean family forming tall, 
dense grasslands and open scrubland, interspersed with wetlands and 
woodlands (ParksWatch 2006, p. 2; ParksWatch 2009, pp. 1, 4). Giant 
bulrushes and totorilla dominate the extensive marshlands surrounding 
the lake (BLI 2009b, p. 1; Fjeldsa 1983, p. 281; ParksWatch 2009, p. 
1). In shallow water, during low lake levels, ``tortora'' communities 
can become partially or completely dry (ParksWatch 2009, p. 2). The 
lake supports a wide variety of bird species and aquatic vegetation 
(BLI 2003, p. 1; BLI 2009a, pp. 2-3; ParksWatch 2009, p. 3; Tello 2007, 
p. 2). Mammals are relatively scarce in the area, although there are 
some predators (ParksWatch 2009, p. 4) (see Factor C). A more detailed 
discussion of the flora and fauna of the lake are provided above as 
part of the analysis of the Habitat and Life History of the Junin 
grebe.
    There is little information regarding the ecology of the Junin 
rail. The species appears to be completely dependent on the wide 
marshlands located around the southeast shoreline of the lake for 
nesting, foraging, and year-round residence (BLI 2009b, p. 2; Collar et 
al. 1992, p. 190; Fjeldsa 1983, p. 281) (see also Current Range and 
Distribution). Similar to all rails, the Junin rail is furtive and 
remains well-hidden in the marshes surrounding the lake (BLI 2009b, 
p.2). The Junin rail reportedly nests at the end of the dry season, in 
September and October. Nests are built on the ground within dense 
vegetative cover, and the species' clutch size is two eggs (BLI 2009b, 
p. 2; Collar et al. 1992, p. 190). The diet of the Junin rail has not 
been studied specifically, but other black rail species feed primarily 
on small aquatic and terrestrial invertebrates and seeds (Eddleman et 
al. 1994, p. 1).

Historical Range and Distribution

    The Junin rail is endemic to Lake Junin (Fjeldsa 1983, p. 278; BLI 
2009b, p. 2). The species may have been historically common in the 
rush-dominated marshlands surrounding the entire lake (Fjeldsa 1983, p. 
281). In addition to the species' specific habitat preferences (see 
Current Range and Distribution), it is believed that the Junin rail is 
now restricted to the marshes at the southwest corner of the lake 
because of the high level of water contamination that flows into the 
northwest margins of the lake via the Rio San Juan (Martin and McNee 
1999, p. 662).

Current Range and Distribution

    The Junin rail is restricted to the southwest shore of the lake, 
and is currently known in only two localities (near the towns of 
Ondores and Pari) (BLI 2009b, p. 2; Collar et al. 1992, p. 190; Fjeldsa 
1983, p. 281). The current estimated range of the species is 62 mi\2\ 
(160 km\2\) (BLI 2009b, p. 1). However, this is likely an overestimate 
of the species' actual range for several reasons. First, BirdLife 
International's definition of a species' range results in an 
overestimate of the actual range (see Current Range and Distribution of 
the ash-breasted tit-tyrant) (BLI 2000, pp. 22, 27). Second, the 
species' range was calculated based on the availability of presumed 
suitable habitat for the Junin rail. It has long been assumed that the 
rail potentially occupies the entire marshland area surrounding Lake 
Junin (Fjeldsa 1983, p. 281). The total marshland area has been 
estimated by BirdLife International to be 58 mi\2\ (150 km\2\) (BLI 
2000, p. 170; BLI 2007, p. 1; BLI 2008, p. 3; BLI 2009b, p. 1). 
However, the species has never been confirmed outside the two known 
localities on the southwest shore of the lake. Moreover, a better 
understanding of the ``puna'' habitat, as well as the habitat 
specificity (the specific habitat needs) of other rail species, 
indicates that these may be the only two localities for this species.
    Despite the apparently uniform appearance of the ``puna,'' the 
habitat provides a complex mosaic of niches that leads to the patchy 
distribution of many bird species throughout the region, indicating 
that the species have specialized habitat requirements that are only 
satisfied locally (Fjeldsa and Krabbe 1990, p. 32). The species' 
distribution is highly localized around the lake. The Junin rail 
apparently prefers the dense, interior marshlands comprised primarily 
of rushes (Juncus spp.) and mosaics of rushes, mosses (division 
Bryophyta), and low herbs in more open marsh areas (Fjeldsa 1983, p. 
281). High habitat specificity is consistent with related rail species. 
Studies of the closely related California black rail (Laterallus 
jamaicensis coturniculus) indicate that this species is a habitat 
specialist, whereby the emergent vegetation used for cover, water 
depth, and access to upland vegetation, are all important factors in 
the black rail's habitat use (Flores and Eddleman 1995, p. 362). 
Therefore, the Junin rail's actual range is clearly smaller than the 
figure that continues to be reported by BirdLife International since 
2000 (BLI 2000, p. 170; BLI 2007, p. 1; BLI 2008, p. 3; BLI 2009b, p. 
1).

[[Page 624]]

Population Estimates

    Rigorous population estimates have not been made (Fjeldsa 1983, p. 
281), and the species' elusiveness makes it difficult to locate (BLI 
2009b, p. 2). In 1983, the Junin rail was characterized as possibly 
common, based on local fishers' sightings of groups of up to a dozen 
birds at a time (Fjeldsa 1983, p. 281). The species continues to be 
reported as ``fairly common,'' assuming that it occurs throughout the 
marshland surrounding the lake (BLI 2007, p. 1; BLI 2009b, p. 1). The 
BirdLife International estimate that this species' population size 
falls within the population range category of 1,000-2,499 (BLI 2000, p. 
170; BLI 2007, p. 1; BLI 2009b, p. 1). This estimate is an 
extrapolation that continues to be based on the assumption that the 
species ``may be fairly common in the entire c. 58 mi\2\ (150 km\2\) of 
available marshland'' around Lake Junin (BLI 2000, p. 170; BLI 2007, p. 
1; BLI 2008, p. 3; BLI 2009b, p. 1). As indicated in the analysis of 
this species' Current Range and Distribution, the species has never 
been confirmed outside its two known localities and, therefore, it is 
possible that the species is locally common, but not widely 
distributed. If the Junin rail is not common throughout Lake Junin's 
marshland, the actual population size may be much lower.
    The species has experienced a population decline of between 10 and 
19 percent in the past 10 years (BLI 2009b, p. 2). The population is 
considered to be declining in close association with continued habitat 
loss and degradation (see Factors A, C, and E) (BLI 2008, p. 1).

Conservation Status

    The Junin rail is considered ``endangered'' by the Peruvian 
Government under Supreme Decree No. 034-2004-AG (2004, p. 276855). The 
IUCN categorizes the Junin rail as ``Endangered'' because it is known 
only from a small area of marshland (i.e., near Ondores and Pari) 
around a single lake, where habitat quality is declining (BLI 2008, p. 
3). The single known population of the Junin rail occurs wholly within 
one protected area in Peru, the Junin National Reserve (BLI 2008, p. 1; 
BLI 2009b, pp. 1-2).

Summary of Factors Affecting the Junin Rail

A. The Present or Threatened Destruction, Modification, or Curtailment 
of the Species' Habitat or Range

    The Junin rail is endemic to Lake Junin, where it resides year-
round and is restricted to two localities within the shallow marshlands 
encircling Lake Junin (BLI 2008, p. 3; BLI 2009b, p. 2; Fjeldsa 1983, 
p. 278). The current estimated range of the species, 62 mi\2\ (160 
km\2\) (BLI 2009b, p. 1), is an overestimate of this species' range for 
the reasons outlined above as part of the analysis of this species' 
Current Range and Distribution. The species is known only from two 
discrete locations, near Ondores and Pari, on the southwest shore of 
the lake. Breeding occurs near the end of the dry season, in September 
and October, and the birds build their nests on the ground within the 
dense vegetative cover of the rushes that make up the marshland 
perimeter of the lake (BLI 2000, p. 170; BLI 2007, p. 1; BLI 2009b, p. 
2).
    The habitat in and around Lake Junin is subjected to manmade 
activities that have altered, destroyed, and degraded the quantity and 
quality of habitat available to the Junin rail. These activities 
include: (1) artificial manipulation of water levels; (2) water 
contamination; and (3) plant harvesting in the species' breeding 
grounds. The negative impacts of these activities are accentuated by 
unpredictable climate fluctuations (such as droughts or excessive 
rains) (Jetz et al. 2007, pp. 1211, 1213; Mora et al. 2007, p. 1027). 
The Upamayo Dam went into operation at the northwest end of Lake Junin 
in 1936 to generate electricity using hydropower (Martin et al. 2001, 
p. 178; ParksWatch 2006, p. 5). Under normal conditions, water levels 
are lower during the dry season, and the marshlands can become 
partially or completely desiccated (BLI 2009b, p. 1; ParksWatch 2009, 
p. 2). The dam is often opened during the dry season, to generate power 
(June to November) (BLI 2009b, p. 1; ParksWatch 2009, p. 2), leading to 
further drawdown of the lake. Lake drawdown has been known to cause 
water levels to fluctuate seasonally up to 6 ft (2 m) (Martin and McNee 
1999, p. 659) and has at times caused complete desiccation of the 
marshlands by the end of the dry season (Fjeldsa 2004, p. 123). The 
ground nesting Junin rail breeds near the end of the dry season, in 
September and October, and the species' relies on the dense vegetative 
cover of the rushes on the lake perimeter in which to build their nests 
(BLI 2009b, p. 2). A similar species, the California black rail, may 
tolerate decreases in water depth, but only if the substrate remains 
moist enough to support sufficient wetland vegetation (Flores and 
Eddleman 1995, p. 362). Eddleman et al. (1988, p. 463) noted that water 
drawdown before nesting season disrupts nest initiation by rails. 
Therefore, water drawdown near the end of the dry season that results 
in complete desiccation of the shallow marshlands (BLI 2009b, p. 1; 
ParksWatch 2009, p. 2) is likely to disrupt Junin rail nest initiation.
    Experts believe that the Junin rail is restricted to the marshes at 
the southwest corner of the lake because of the high level of 
contamination at the northwest margins of the lake (Martin and McNee 
1999, p. 662). Experts also believe that pollution and artificial water 
level fluctuations will continue to have adverse consequences for the 
vegetation surrounding the lake and, therefore, the Junin rail (BLI 
2000, p. 170; BLI 2007, p. 1; J. Fjeldsa in litt., 1987, as cited in 
Collar et al. 1992, p. 190). Indeed, in some places, the tall 
marshlands, which rely on inundated soils to thrive, have virtually 
disappeared because the reed-beds are no longer permanently inundated 
(O'Donnel and Fjeldsa 1997, p. 30). Moreover, as the marshes dry, 
livestock (primarily sheep (Ovis aries), but also cattle (Bos taurus), 
and some llamas (Llama glama) and alpacas (Llama pacos)) move into the 
desiccated wetlands surrounding the lake to graze. Overgrazing is a 
year-round problem around Lake Junin because the entire lakeshore is 
zoned for grazing by a large number of livestock (approximately 60,000-
70,000 head) (ParksWatch 2006, pp. 12, 19). During the dry season, the 
hoofed stock moves into the marshlands to graze, compacting the soil 
and trampling the vegetation (ParksWatch 2006, p. 31). Increased access 
to the wetlands during the end of the dry season, which coincides with 
the inception of the Junin rail's nesting season, likely disrupts the 
rail's nesting activities or leads to nest trampling. Therefore, 
activities that increase lakeshore access, such as water drawdown, 
decrease the amount of available habitat for the Junin rail (for 
nesting and feeding) and are likely to negatively impact the Junin 
rail's reproduction (through trampling) and mating habits (through 
disturbance) (BLI 2009b, p. 1).
    Water quality is another factor influencing the quality of habitat 
available to the Junin rail. The degraded water quality in Lake Junin 
was fully discussed as part of the Factor A analysis for the Junin 
grebe and is summarized here. The water in Lake Junin has been 
contaminated from mining (Martin and McNee 1999, pp. 660-661; 
ParksWatch 2006, p. 2; Shoobridge 2006, p. 3), agricultural activities 
(Martin and McNee 1999, pp. 660-661; ParksWatch 2006, p. 2;

[[Page 625]]

Shoobridge 2006, p. 3), and from organic matter and wastewater runoff 
from local communities around the lake (ParksWatch 2006, pp. 5, 19; 
Shoobridge 2006, p. 3). Water pollution has resulted in heavy metal 
contamination throughout the lake, exceeding established thresholds for 
aquatic life throughout at least one-third of the lake (Martin and 
McNee 1999, pp. 660-661; O'Donnel and Fjeldsa 1997, p. 29; ParksWatch 
2006, pp. 3, 20; Shoobridge 2006, p. 3), and rendering the northern 
portion of the lake lifeless (BLI 2008, p. 4; Shoobridge 2006, p. 3; 
Fjeldsa 2004, p. 124; Martin and McNee 1999, pp. 660-662; ParksWatch 
2006, pp. 20-21). At the lake's center, lake bottom sediments are 
lifeless and anoxic due to contaminants (Fjeldsa 2004, p. 124; Martin 
et al. 2001, p. 180), and the lakeshore has become polluted with 
``toxic acid gray sediment'' (O'Donnel and Fjeldsa 1997, p. 30). There 
is no vegetation at the northern end of the lake (Fjeldsa 2004, p. 124; 
ParksWatch 2006, pp. 20-21), and ongoing contamination has the 
potential to reduce vegetative cover in other areas of the lake, 
including the marshlands where the Junin rail occurs. In addition, 
these pollutants have severely affected animal and plant populations in 
the area, contributing to mortality of species around the lake 
(ParksWatch 2006, pp. 3, 20) and have the potential to reduce the 
health and fitness of the Junin rail (see Factor C).
    Local residents also harvest and burn cattails from the marshland 
habitat, which the Junin rail depends upon. Cattails are harvested for 
use in construction (i.e., to assemble rafts, baskets, and mats) and as 
forage for livestock (ParksWatch 2006, p. 23). Cattails are also burned 
to encourage shoot renewal (ParksWatch 2006, p. 23) and for hunting the 
montane guinea pig (Cavia tschudii), which seeks cover in the cattail 
marshes and is part of the local diet. Burning cattail communities has 
a negative and long-lasting impact on species that use the cattails as 
permanent habitat (INRENA 2000, as cited in ParksWatch 2006, p. 22; 
Eddleman et al. 1988, p. 464), including the Junin rail, which relies 
on the dense vegetative cover of the marshlands for year-round 
residence and nesting (BLI 2000, p. 170; BLI 2007, p. 1; BLI 2009b, p. 
2).
    The negative impacts of habitat alteration and destruction (such as 
artificially reduced water levels, water contamination, and cattail 
harvesting and burning) are accentuated by unpredictable climate 
fluctuations (such as droughts or excessive rains) (Jetz et al. 2007, 
pp. 1211, 1213; Mora et al. 2007, p. 1027). Peru is subject to 
unpredictable climate fluctuations, such as those that are related to 
the El Ni[ntilde]o Southern Oscillation (ENSO). Changes in weather 
patterns, such as ENSO cycles (El Ni[ntilde]o and La Ni[ntilde]a 
events), tend to increase precipitation in normally dry areas, and 
decrease precipitation in normally wet areas (Holmgren et al. 2001, p. 
89; TAO Project n.d., p. 1). ENSO events exacerbate the effects of 
habitat reduction and alteration on the decline of a species (England 
2000, p. 86; Holmgren et al. 2001, p. 89; Jetz et al. 2007, pp. 1211, 
1213; Mora et al. 2007, p. 1027; Parmesan and Mathews 2005, p. 334; 
Plumart 2007, pp. 1-2; Timmermann 1999, p. 694), particularly for 
narrow endemics (Jetz et al. 2007, p. 1213) such as the Junin rail (see 
also Factor E). As discussed above, droughts increase access to the 
wetlands where Junin rails live and breed. Excessive rain increases 
contamination in the water and causes soil toxicity (see Factor C). 
ENSO cycles are ongoing, having occurred several times within the last 
decade (NWS 2009, p. 2). Evidence suggests that ENSO cycles have 
already increased in periodicity and severity (Richter 2005, pp. 24-25; 
Timmermann 1999, p. 694), which will, thus, exacerbate the negative 
impacts on a species.

Summary of Factor A

    The habitat in and around Lake Junin, where the Junin rail is 
endemic, has been and continues to be altered and degraded as a result 
of human activities, including artificial water level fluctuations to 
generate hydropower, water contamination caused by mining waste, 
agricultural and organic runoff from surrounding lands, and wastewater 
from local area communities. The Junin rail is dependent on the 
marshland habitat surrounding the lake for breeding and feeding. Water 
levels in Lake Junin are manipulated to generate electricity, which 
leads to dramatic fluctuations in water levels of up to 6 ft (1.8 m). 
The Junin rail nests on the ground, within the protective cover of the 
marshlands. As water drawdown occurs near the end of the dry season and 
during the inception of the Junin rail's mating season, portions of the 
marshlands may dry out completely, affecting the availability of 
suitable breeding and foraging habitat. This species' population 
decline has been linked to deteriorating habitat quality (see also 
Factor E). Overgrazing, cattail harvest, and burning are ongoing around 
the lakeshore, and water drawdown increases access to the marshlands. 
Severe water contamination in the northwest portion of the lake has 
rendered it lifeless, and experts believe that water contamination 
limits the Junin rail's foraging and breeding activities to the 
southern portion of the lake. The effects of artificially reduced water 
levels and water contamination are accentuated by droughts or excessive 
rains caused by El Ni[ntilde]o events. Reduced water levels near the 
end of the dry season (during Junin rail nesting season) expose the 
species to greater vulnerability to predation (see Factor C), which 
also heightens the risks to the species that are associated with short- 
and long-term genetic viability (Factor E). Therefore, we find that 
destruction and modification of habitat are threats to the continued 
existence of the Junin rail throughout its range.

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

    We are not aware of any information currently available that 
indicates that overutilization of Junin rail for commercial, 
recreation, scientific, or education purposes has occurred or is 
occurring at this time. As a result, we are not considering 
overutilization to be a threat to the continued existence of the Junin 
rail.

C. Disease or Predation

    Disease: Although no specific disease threat has been identified 
for the Junin rail, contamination of Lake Junin exposes the Junin rail 
to mortality and a reduction the overall fitness and health of the 
species. The effects of water contamination on the health of species 
inhabiting Lake Junin were discussed as part of the analysis of Factor 
C for the Junin grebe and are summarized here. In Lake Junin, mining 
activities (Martin and McNee 1999, pp. 660-661; Shoobridge 2006, p. 3), 
and agricultural runoff, organic matter, and wastewater (ParksWatch 
2006, pp. 5, 19; Shoobridge 2006, p. 3) have contaminated the entire 
lake with high concentrations of dissolved chemicals (Fjeldsa 2004, p. 
124; Martin and McNee 1999, pp. 660-662; ParksWatch 2006, pp. 20-21). 
Environmental contaminants exceed current established thresholds for 
aquatic life (Martin and McNee 1999, pp. 660-661; ParksWatch 2006, p. 
20) and have rendered the northern portion of the lake lifeless from 
eutrophication (BLI 2008, p. 4; Shoobridge 2006, p. 3). Due to severe 
contamination, the sediments in the center of the lake are anoxic 
(Martin et al. 2001, p. 180), and the lake's turbidity has increased 
(ParksWatch 2006, p. 20). Chemical waste has damaged at least one third 
of the lake, severely affecting animal and

[[Page 626]]

plant populations in the area (O'Donnel and Fjeldsa 1997, p. 29; 
ParksWatch 2006, pp. 3, 20; Shoobridge 2006, p. 3) and completely 
eliminating vegetation from the northern portion of the lake (Fjeldsa 
2004, p. 124; ParksWatch 2006, pp. 20-21). It is also believed that 
contamination may, in fact, be responsible forthe possible extirpation 
of at least one fish species (a catfish) (O'Donnel and Fjeldsa 1997, p. 
29).
    Contamination from mining waste may have direct and indirect 
impacts on the fitness and health of the Junin rail. As described above 
as part of the Factor C analysis for the Junin grebe, a waterbird that 
is sympatric with the Junin rail, mine waste contamination may have 
caused heavy metal poisoning (T. Valqui and J. Barrio in litt. 1992, as 
cited in Collar et al. 1992, pp. 45, 190) or reduced prey availability 
(Fjeldsa 2004, p. 124), leading to Junin grebe mortality during an 
extensive drought from 1989 to 1992. Large-scale bird mortality has 
occurred on the lake, apparently due to lead poisoning from mining 
effluents--a common cause of mortality in waterbirds (Friend and 
Franson 1999, p. 317; O'Donnel and Fjeldsa 1997, p. 30). Heavy metals 
in the water column and the lake's sediments, where this species feeds, 
would have negative health consequences for the Junin rail, as in the 
case for the Junin grebe and other waterbirds that inhabit the lake. 
Excessive contaminant load can contribute to a decline in fitness and 
vigor for long-lived, mid-trophic level species (Rowe 2008, p. 624), 
such as the Junin rail. Increased turbidity of the water has resulted 
in die-offs of aquatic plants and algae, which disrupts the food chain 
(ParksWatch 2006, p. 20). Higher trophic level species (discussed in 
more detail as part of the Factor C analysis for the Junin grebe), such 
as the Junin rail, are more susceptible to disruptions in the food 
chain at lower trophic levels (Fjeldsa 2004, p. 123; The University of 
the Western Cape 2009, p. 1) and prone to bioaccumulation because they 
ingest pesticides, heavy metals, and other contaminants that are 
present in their prey (Demayo et al. 1982, as cited in Eisler 1988, p. 
5; Fjeldsa 2004, p. 123). Drought conditions exacerbate the effects of 
water contamination and bioaccumulation for species at higher trophic 
levels (Demayo et al. 1982, as cited in Eisler 1988, p. 5; Fjeldsa 
2004, p. 123).
    Predation: Predators around Lake Junin include the Andean fox 
(Pseudalopex culpaues), the long-tailed weasel (Mustela frenata), 
Pampas cat (Onicifelis colocolo), and hog-nosed skunk (Conepatus 
chinga) (ParksWatch 2009, p. 4). Junin rails are preyed upon by pampas 
cats (BLI 2008, p. 4; BLI 2009b, p 2). Under normal conditions, water 
levels are lower in the dry season and the marshlands can become 
partially or completely dry (BLI 2009b, p. 1; ParksWatch 2009, p. 2) 
reducing protective cover and allowing predators to more easily locate 
the rail. When the floodgates of the Upumayo Dam are opened during the 
dry season (June to November) (BLI 2009b, p. 1; ParksWatch 2009, p. 2), 
drawdown has led to complete desiccation of the marshlands by the end 
of the dry season (Fjeldsa 2004, p. 123). The ground nesting Junin rail 
breeds near the end of the dry season, in September and October, and 
builds their nests in the dense vegetative cover of the rushes on the 
lake perimeter (BLI 2009b, p. 2). Water drawdown and periods of drought 
increases the bird's vulnerability to predation because nesting grounds 
become exposed and larger areas of the marsh are accessible to 
predators (ParksWatch 2006, p. 23). Predation increases the risk of 
extirpation due to the species' already small population size. In 
addition, species that inhabit a small geographic range, occur at low 
density, occupy a high trophic level, and exhibit low reproductive 
rates tend to have a higher risk of extinction than species that are 
not limited by the same risk factors (Purvis et al. 2000, p. 1949) 
(Factor E).

Summary of Factor C

    Environmental contaminants (Factor A) in Lake Junin may have 
negative consequences on the health of the Junin rail, given that 
extensive environmental contamination in Lake Junin has resulted in 
mortality of flora and fauna that inhabit the lake and its margins. The 
species' trophic level also exposes it to bioaccumulation of toxins 
accumulated in the tissue of prey species. There is documented evidence 
that other waterbirds occupying the same habitat have died as a direct 
result of contaminant poisoning or reduction of the availability of 
prey species. Therefore, we find that disease is a threat to the 
continued existence of the Junin rail.
    Predation by the pampas cat results in the direct removal of 
individuals from the population and can remove potentially reproductive 
adults from the breeding pool. Ongoing habitat destruction (through 
reduced water levels and contamination) continues to degrade the 
quality of habitat available to the Junin rail (Factor A) and the 
species' habitat becomes more accessible to predators during droughts 
and water drawdowns. Predation renders the species particularly 
vulnerable to local extirpation due to its small population size 
(Factor E). Therefore, we find that predation, exacerbated by ongoing 
habitat destruction (Factor A), are threats to the continued existence 
of the Junin rail throughout its range.

D. Inadequacy of Existing Regulatory Mechanisms

    The Junin rail is listed as ``endangered'' by the Peruvian 
Government under Supreme Decree No. 034-2004-AG (2004, p. 276855). This 
Decree prohibits hunting, take, transport, and trade of protected 
species, except as permitted by regulation. As hunting, take, 
transport, and trade do not currently threaten the Junin rail, this 
regulation does not mitigate any current threats to this species.
    Peru has several categories of national habitat protection, which 
were described above as part of the Factor D analysis for the ash-
breasted tit-tyrant (BLI 2008, p. 1; IUCN 1994, p. 2; Rodriguez and 
Young 2000, p. 330). The single Junin rail population occurs wholly 
within the Junin National Reserve (Junin, Peru) (BLI 2009b, pp. 1-2), 
which encompasses the lake and surrounding land and was established in 
1974 by Supreme Decree 0750- 74-AG (BLI 2009a, p. 2; Wege and Long, p. 
264). Peruvian National Reserves are created for the sustainable 
extraction of certain biological resources (BLI 2008, p. 1; Rodriguez 
and Young 2000, p. 330), and most of the lakeshore is designated a 
``Direct Use Zone,'' allowing fishing, grazing, and other educational, 
research, and recreational activities (ParksWatch 2006, p. 12). Habitat 
destruction and alteration (through artificial water level 
fluctuations, contamination (BLI 2009b, p. 1; Fjeldsa 2004, p. 124; 
ParksWatch 2006, pp. 20-21; Wege and Long 1995, p. 264)), overgrazing, 
and cattail harvest and burning (ParksWatch 2006, pp. 22-23) are 
ongoing throughout the Reserve (Factor A), increasing the species' 
susceptibility to predation (ParksWatch 2006, p. 23) (Factor C), and 
jeopardizing the continued existence of the species, given its already 
small population size (Factor E). Therefore, the existence of this 
species within a protected area has not reduced or mitigated the 
threats to the Junin rail.
    The Junin National Reserve was designated a Ramsar site in 1997 
(BLI 2009a, p. 2; INRENA 1996, pp. 1-14; Ramsar 2009, p. 2). As more 
fully described for the Junin grebe, this designation provides only 
nominal protection of wetland habitat (Jellison et

[[Page 627]]

al. 2004, p. 19). Activities that negatively impact the Junin rail are 
ongoing throughout this wetland, including water fluctuations and 
contamination (Factor A), water fluctuations that increase the species' 
risk of predation (Factor C), and small population size (Factor E). 
Therefore, the Ramsar designation has not mitigated the impact of 
threats on the Junin rail.
    There are approximately 5,000 laws and regulations directly or 
indirectly related to environmental protection and natural resource 
conservation in Peru. Recent studies by the Peruvian Society for 
Environmental Law (SPDA) have concluded that many of these are not 
effective because of limited implementation or enforcement capability 
(Muller 2001, pp. 1-2).

Summary of Factor D

    Peru has enacted various laws and regulatory mechanisms for the 
protection and management of wildlife and their habitats. The Junin 
rail is ``endangered'' under Peruvian law, and its entire population 
occurs within a protected area. As discussed under Factor A, habitat 
destruction and alteration have curtailed the species' range and 
threaten the continued existence of the species. Ongoing habitat 
destruction (including water level manipulation, contamination, 
overgrazing, and cattail harvest and burning (Factor A)), predation 
(Factor C), and predators' increased access due to habitat destruction 
intensify the risks to the species from its already small population 
size (Factor E). These activities are ongoing throughout the species' 
range, which is entirely encompassed within a protected area. Thus, 
despite its endangered status and its presence within a designated 
protected area, laws governing wildlife and habitat protection in Peru 
are inadequately enforced or ineffective at protecting the species or 
mitigating ongoing habitat degradation (Factor A) and concomitant 
population declines (Factor E). Therefore, we find that the existing 
regulatory mechanisms are inadequate to mitigate the threats to the 
continued existence of the Junin rail throughout its range.

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

    An additional factor that affects the continued existence of the 
Junin rail is the species' small population size. As discussed above 
(see Population Estimates), BirdLife International has placed the Junin 
rail in the population category of between 1,000 and 2,499 individuals 
(BLI 2009b, p. 2), and considers the population to be likely ``very 
small and presumably declining'' (BLI 2000, p. 170; BLI 2009b, p. 1).
    Small population size renders species vulnerable to genetic risks 
that can have individual or population-level genetic consequences, such 
as inbreeding depression, loss of genetic variation, and accumulation 
of new mutations, and may affect the species' viability by increasing 
its susceptibility to demographic shifts or environmental fluctuations, 
as explained in more detail above in the Factor E analysis for the ash-
breasted tit-tyrant (Charlesworth and Charlesworth 1987, p. 238; Pimm 
et al. 1988, pp. 757, 773-775; Shaffer 1981, p. 131). Small population 
size leads to a higher risk of extinction and, once a population is 
reduced below a certain number of individuals, it tends to rapidly 
decline towards extinction (Frankham 1996, p. 1507; Franklin 1980, pp. 
147-148; Gilpin and Soule 1986, p. 25; Holsinger 2000, pp. 64-65; 
Purvis et al. 2000, p. 1949; Reed and Frankham 2003, pp. 233-234; Soule 
1987, p. 181). In addition, species that inhabit a small geographic 
range, occur at low density, occupy a high trophic level, and exhibit 
low reproductive rates tend to have a higher risk of extinction than 
species that are not limited by the same risk factors (Purvis et al. 
2000, p. 1949). We consider that the risks associated with small 
population size will continue to impact this species and may 
accelerate, if habitat destruction continues unabated.
    Complications arising from the species' small population size are 
exacerbated by its restricted range and the threat of predation (Factor 
C). The Junin rail is known from two localities (Ondores and Pari) on 
the southwest shore of a single Andean lake, Lake Junin, in central 
Peru (BLI 2000, p. 170; BLI 2009b, pp. 1-2; Fjeldsa 1983, p. 281; 
Fjeldsa in litt. 1992, as cited in Collar et al. 1992, p. 190) (see 
Current Range and Distribution). The population has declined at a rate 
between 10 and 19 percent in the past 10 years, and this decline is 
expected to continue, as a result of the declining quality of habitat 
within its small, restricted range (BLI 2009b, pp. 4-5) (Factor A). The 
pampas cat is a known predator of Junin rails (BLI 2008, p. 4; BLI 
2009b, p 2). The ground nesting Junin rail is particularly vulnerable 
to predation near the end of the dry season, when nesting begins and 
the vegetative cover of the marshlands within which they build their 
nests (BLI 2009b, p. 2) is more exposed and accessible to predators 
(ParksWatch 2006, p. 23). The Junin rail's small population size, 
combined with its restricted range and threat of predation, increases 
the species' vulnerability to adverse natural events and manmade 
activities that destroy individuals and their habitat (Holsinger 2000, 
pp. 64-65; Primack 1998, pp. 279-308; Young and Clarke 2000, pp. 361-
366).

Summary of Factor E

    The Junin rail has a small population size that renders it 
vulnerable to genetic risks that negatively impact the species' 
viability. The species occupies a restricted range and occurs in 
habitat that continues to be altered and destroyed due to human 
activities (Factor A). Predation jeopardizes the species' already small 
population size because it results in the direct removal of Junin rail 
individuals from the population, can remove potentially reproductive 
adults from the breeding pool, and could lead to extirpation (Factor 
C). The small population size, as well as its restricted range and 
threat of predation, increases the species' vulnerability to extinction 
through demographic or environmental fluctuations. Based on the 
species' small population size, restricted range, and threat of 
predation, we have determined that the Junin rail is particularly 
vulnerable to the threat of adverse natural events (e.g., genetic, 
demographic, or environmental) and human activities (e.g., water level 
manipulation, contamination, cattail harvest, and overgrazing) that 
destroy individuals and their habitat. The genetic and demographic 
risks associated with small population sizes are exacerbated by ongoing 
human activities that continue to curtail the species' habitat 
throughout its range. The species' population has declined and is 
predicted to continue declining due to an ongoing reduction in the 
quality of its habitat (Factor A). Therefore, we find that the species' 
small population size, in concert with its restricted range, threat of 
predation, and its heightened vulnerability to adverse natural events 
and manmade activities, are threats to the continued existence of the 
Junin rail throughout its range.

Status Determination for the Junin Rail

    The Junin rail is a ground nesting bird endemic to Lake Junin, 
found at 13,390 ft (4,080 m) above sea level in Peru, where it resides 
year-round. The species has high habitat specificity and occurs only in 
two localities within the marshland mosaic habitat that surrounds the 
lake. The current estimated range of the species is 62 mi\2\ (160 
km\2\), and its population size is estimated to be 1,000-2,499. 
However,

[[Page 628]]

both of these figures are likely to be overestimates; despite 
suggestions that the species inhabits the entire area of marshland 
surrounding the lake, the species has only been confirmed in two 
localities.
    We have carefully assessed the best available scientific and 
commercial information regarding the past, present, and potential 
future threats faced by the Junin rail and have concluded that there 
are four primary factors that threaten the continued existence of the 
rail: (1) Habitat destruction, fragmentation, and degradation; (2) 
disease and predation; (3) limited size and isolation of remaining 
populations; and (4) inadequate regulatory mechanisms.
    Human activities that degrade, alter, and destroy habitat are 
ongoing throughout the Junin rail's range. Lake waters are artificially 
manipulated to produce hydropower, resulting in reductions in water 
levels that impact the species' nesting and foraging sites, especially 
near the end of the dry season when this ground nesting bird begins 
breeding. Reduced water levels and aquatic contaminants have 
permanently destroyed segments of cattail communities, compromising the 
amount of suitable flooded marshland available for nesting. Climate 
fluctuations exacerbate the effects of habitat alteration, as droughts 
further decrease available nesting grounds and excessive rains increase 
contaminant runoff into the lake (Factor A). Environmental contaminants 
have caused mortality in other waterbirds and have likely reduced the 
overall general health of the Junin rail population (Factor C). 
Overgrazing and cattail harvest and burning further alter and destroy 
the marshland upon which the rails depend (Factor A). Water drawdown 
exposes the birds and their marshland nesting areas to greater access 
by grazing animals, cattail harvesters, and predators (Factors A and 
C).
    Junin rail habitat continues to be altered by human activities, 
which results in the continued degradation and destruction of habitat 
and reduces the quality and distribution of remaining suitable habitat. 
Habitat loss was a factor in the Junin rail's historical decline (see 
Historical Range and Distribution), and the species is considered to be 
declining today due to continued reduction of available habitat 
(Factors A and E). The Junin rail population is small, increasing the 
species' vulnerability to the threat of adverse natural events (e.g., 
genetic, demographic, or environmental) and human activities (e.g., 
water contamination, water level manipulation, cattail harvest, and 
overgrazing) that destroy individuals and their habitat. Human 
activities that continue to curtail the species' habitat throughout its 
range exacerbate the genetic and demographic risks associated with 
small population sizes (Factor E). Predation jeopardizes the species' 
already small population size because it results in the direct removal 
of Junin rail individuals from the population, can remove potentially 
reproductive adults from the breeding pool, and could lead to 
extirpation (Factor C). The Junin rail population has declined at a 
rate between 10 and 19 percent during the past 10 years (see Population 
Estimates), and this decline is predicted to continue commensurate with 
ongoing threats from habitat destruction, water contamination, 
overgrazing, and cattail harvest and burning (Factor A).
    Despite the species' endangered status in Peru and its occurrence 
entirely within one protected area (Factor D), habitat destruction and 
degradation continue as a result of human activities that alter lake 
levels and compromise water quality and increase the species' 
susceptibility to overgrazing and predation (Factors A and C). 
Therefore, regulatory mechanisms are either inadequate or ineffective 
at mitigating the existing threats to the species and its habitat 
(Factor D).
    Section 3 of the Act defines an ``endangered species'' as ``any 
species which is in danger of extinction throughout all or a 
significant portion of its range'' and a ``threatened species'' as 
``any species which is likely to become an endangered species within 
the foreseeable future throughout all or a significant portion of its 
range.'' Based on the immediate and ongoing threats to the Junin rail 
throughout its entire range, as described above, we determine that the 
Junin rail is in danger of extinction throughout all of its range. 
Therefore, on the basis of the best available scientific and commercial 
information, we are proposing to list the Junin rail as an endangered 
species throughout all of its range.

IV. Peruvian plantcutter (Phytotoma raimondii)

Species Description

    The Peruvian plantcutter, locally known as ``cortarrama Peruana,'' 
is a small finch-like bird endemic to the dry forests of coastal 
northwest Peru (Collar et al. 1992, p. 805; Goodall 1965, p. 636; 
Ridgely and Tudor 1994, p. 733; Sibley and Monroe 1990, p. 371; 
Schulenberg et al. 2007, p. 488; Walther 2004, p. 73). The Peruvian 
plantcutter is an herbivore with a predominantly leaf-eating diet 
(Bucher et al. 2003, p. 211; Schulenberg et al. 2007, p. 488; Walther 
2004, p. 73).
    Plantcutters have bright yellow eyes, short wings and rather long 
tails, and their crown feathers form a slight crest (Goodall 1965, p. 
635; Ridgely and Tudor 1994, p. 732). Adult birds are 7.28 to 7.48 in 
(18.5 to 9 cm) in length and weigh approximately 1.26 to 1.55 ounces 
(oz) (36 to 44 grams (g)) (Schulenberg et al. 2007, p. 488; Walther 
2004, p. 73). Males are pale ashy gray, except a broad cinnamon-rufous 
color band on the belly and above the bill, and white colored bands on 
their wings (BLI 2000, p. 401; BLI 2009a, p. 1; Goodall 1965, p. 636; 
Ridgely and Tudor 1994, p. 733). Females are buff-brown with broad, 
dark brown stripes above, and white with heavy black-striped underparts 
(BLI 2009a, p. 1; Collar et al. 1992, p. 805). Juvenile birds have not 
been described (Walther 2004, p. 73). The Peruvian plantcutter's bill 
is stout, short, conical, and finely serrated with sharp tooth-like 
projections that run the length of the beak on both sides, and which 
are well suited for plucking buds, leaves, shoots, and fruits (Goodall 
1965, p. 635; Ridgely and Tudor 1994, p. 732; Schulenberg et al. 2007, 
p. 488) (see Habitat and Life History).

Taxonomy

    The Peruvian plantcutter was first taxonomically described as 
Phytotoma raimondii by Taczanowski in 1883 (ITIS 2009, p. 1; Sibley and 
Monroe 1990, p. 371). The type-specimen of the Peruvian plantcutter 
(the specimen that was described by Taczanowski) was collected by the 
ornithologist Konstanty Jelski, who recorded the specimen as being 
collected in the Tumbes Department of Peru (Flanagan et al. in litt. 
2009, p. 2). However, the reported collection location may have been 
inaccurate (see Historical range and Distribution, below).
    The genus Phytotoma contains three species of plantcutters, all 
endemic to South America (Dickinson 2003, p. 346; Goodall 1965, p. 635; 
Sibley and Monroe 1990, p. 371; Walther 2004, p. 73). Ornithologists 
have long debated to which family this genus belongs. Some 
ornithologists have recommended that the genus be placed in its own 
family, Phytotomidae (Lanyon and Lanyon 1989, p. 422), while others 
placed the genus within the Tyrannidae family (Sibley and Monroe 1990, 
p. 371). Molecular research using DNA sequencing supports the inclusion 
of Phytotoma in the Cotingidae family (Irestedt et al. 2001, p. 23; 
Johansson et al. 2002, p. 993; Ohlson et al. 2006, p. 10). The 
Cotingidae family includes a

[[Page 629]]

wide diversity of species that are found in Central America and 
tropical South America (Snow 2004, p. 32). Therefore, based on the 
information currently available to us, we accept that the Peruvian 
plantcutter belongs to the Cotingidae family, which also follows the 
Integrated Taxonomic Information System (ITIS 2009, p. 1).

Habitat and Life History

    The Peruvian plantcutter is reportedly selective in its habitat 
preference and requires a variety of arid tree and shrub species with 
dense low-hanging branches to the ground (Collar et al. 1992, p. 805; 
Flanagan and More 2003, p. 5; Flanagan et al. in litt. 2009, p. 7; 
Williams 2005, p. 2). The primary habitat for the Peruvian plantcutter 
is seasonally dry tropical forest, which is also referred to equatorial 
dry tropical forest, and which occurs in the semiarid lowlands of 
northwest Peru (Linares-Palomino 2006, pp. 260, 263-266; Schulenberg et 
al. 2007, p. 21; Walther 2004, p. 73). The Peruvian plantcutter also 
uses arid lowland scrub (dense and open) and dense riparian shrub 
communities (BLI 2009a. p. 2; Collar et al. 1992, p. 805; Schulenberg 
et al. 2007, pp. 21, 488; Stotz et al. 1996, p. 19; Walther 2004, p. 
73). Stotz et al. (1996, pp. 19, 428) identified the Peruvian 
plantcutter as a key indicator species for Equatorial Pacific Coast 
arid lowland scrub. The lowland dry tropical forest and scrub are 
characterized as small and heavily fragmented patches of plant species 
adapted to the arid conditions of the prolonged dry season of northwest 
Peru (Best and Kessler 1995, p. 40; Bridgewater et al. 2003, pp. 132, 
140; Ridgely and Tudor 1994, p. 734).
    The lowland dry forest or woodlands in northwest Peru are open 
canopied, with trees occurring in scattered clumps or individually 
(Flanagan and More 2003, p. 4). The dominant tree species of the 
lowland dry forest is Prosopis pallida (common name ``kiawe;'' also 
locally referred to as ``algarrobo'') in the Fabaceae family (legume 
family) (Lopez et al. 2005, p. 542; More 2002, p. 39). Prosopis pallida 
is a wide-spreading tree or large shrub, 26-65 ft (8-20 m) tall, with 
dense branches; spines can be present or absent (Pasiecznik et al. 
2001, p. 36). This deep-rooted drought-tolerant species, related to 
mesquite species of southwest United States and Mexico, provides an 
important ecological function by improving and stabilizing soil 
conditions (Brewbaker 1987, p. 1; Pasiecznik et al. 2001, pp. 101-102). 
Typical of legumes, P. pallida is able to ``fix'' atmospheric nitrogen 
for plant utilization and growth (Brewbaker 1987, p. 1; Pasiecznik et 
al. 2001, p. 3).
    Three of the most common tree species associated with P. pallida 
dry forest habitat used by the Peruvian plantcutter are Capparis 
scabrida (no common name, but locally known as ``sapote''), in the 
Capparaceae (caper) family, and Acacia macracantha (long-spine acacia, 
locally known as ``faique'') and Parkinsonia aculeata (Jerusalem thorn, 
locally known as ``palo verde''), both in the Fabaceae (legume) family 
(More 2002, pp. 17-23). Associated flowering shrubs in dry forest 
habitat include Capparis avicennifolia (no common name, but locally 
known as ``bichayo'') and C. crotonoides (no common name, but locally 
known as ``guayabito de gentil''), both in the Capparaceae (caper) 
family; Cordia lutea (no common name, but locally known as ``overall'') 
in the Boraginaceae (borage) family; and Maytenus octogona (no common 
name, but locally known as ``realengo'') in the Celastraceae 
(bittersweet) family. Other commonly occurring dry forest vegetation 
includes vines (e.g., Convolvulaceae (morning-glory) and Cucurbitaceae 
(gourd) families), Psittacanthus chanduyensis (tropical mistletoe; 
locally known as ``suelda con suelda'') in the Loranthaceae (mistletoe) 
family, scattered herbaceous species (e.g., Asteraceae (sunflower), 
Scrophulariaceae (figwort), and Solanaceae (nightshade) families), and 
grasses (e.g., Poaceae (grass) family) (Elton 2004, p. 2; Ferreyera 
1983, pp. 248-250; More 2002, pp. 14-17; Walther 2004, p. 73). Riparian 
vegetation includes dense shrub and small trees of P. pallida, A. 
macracantha, Capparis spp., and Salix spp. (willow spp.) (Lanyon 1975, 
p. 443).
    The arid climate of northwest Peru is due to the influence of the 
cold Humboldt Current that flows north, parallel to the Peruvian Coast 
(UNEP 2006, p. 16; Linares-Palomino 2006, p. 260; Rodriguez et al 2005, 
p. 2). The Humboldt Current has a cooling influence on the climate of 
coastal Peru, as the marine air is cooled by the cold current and, 
thus, is not conducive to generating rain. To the east, the Andean 
Mountains prevent humid air from the Amazon from reaching the western 
lowlands (Lanyon 1975, p. 443; Linares-Palomino 2006, p. 260).
    Coastal northwest Peru experiences a short rainy season during the 
summer months (January-April) (Linares-Palomino 2006, p. 260), which 
can also include precipitation in the form of mist or fine drizzle 
along the coast (Lanyon 1975, p. 443). The mean annual precipitation 
across the range of the Peruvian plantcutter is 0.196 to 3.80 in (5.0 
to 99 mm) (hyper-arid to arid) (Galan de Mera et al. 1997, p. 351). The 
climate is warm and dry with the annual temperature range of 74[deg] to 
77[deg] F (23[deg] to 25[deg] C) at elevations below 1,968 ft (600 m) 
(Linares-Palomino 2006, p. 260). Northwest Peru is strongly influenced 
by the El Ni[ntilde]o Southern Oscillation (ENSO) cycle (Rodriguez et 
al 2005, p. 1), which can have particularly profound and long-lasting 
effects on arid terrestrial ecosystems (Holmgren et al. 2006a, p. 87; 
Mooers et al. 2007, p. 2) (see Factor A).
    Knowledge of the breeding of most species within the Cotingidae 
family, including the Peruvian plantcutter, is not well known (Walther 
2004, p. 73). The Peruvian plantcutter is considered a resident species 
in Peru, which indicates that it breeds there (Snow 2004, p. 61; 
Walther 2004, p. 73). Nesting activity of plantcutters appears to occur 
from March to April (Collar et al. 1992, p. 805; Walther 2004, p. 73). 
Plantcutters build shallow, cup-shaped nests that are made of thin dry 
twigs and lined with root fibers and other softer material (Snow 2004, 
p. 55). Nests range from 2.4 to 3.5 in (6 to 9 cm) in height and 3.9 to 
7.0 in (10 to 18 cm) in diameter, and can be placed 3.3 to 9.8 ft (1 to 
3 m) above the ground inside a thick thorny shrub or higher in the fork 
of a tree (Elton 2004, p. 2; Flanagan and More 2003, p. 3; Snow 2004, 
p. 55). Each female lays two to four eggs, and the incubation period 
lasts about 2 weeks (Snow 2004, p. 56; Goodall 1965, p. 636; Walther 
2004, p. 73). The eggs have been described as short oval to sub-
elliptical in shape and grayish olive in color with dark brownish olive 
spots at the larger end (Flanagan and Millen 2008, p. 1). Males assist 
rearing the chicks, which fledge after 17 days or so (Snow 2004, p. 
56).
    Plantcutters are herbivores with a predominantly leaf-eating diet 
(Bucher et al. 2003, p. 211; Snow 2004, p. 46). As an herbivore, the 
Peruvian plantcutter is dependent on year-round availability of high-
quality food, particularly during the dry season when plant growth is 
very limited (Bucher et al. 2003, p. 216). Peruvian plantcutters eat 
buds, leaves, and shoots of P. pallida and various other trees and 
shrubs, as well as some fruits (e.g., mistletoe) (Goodall 1965, p. 635; 
Schulenberg et al. 2007, p. 488; Walther 2004, p. 73). The seeds, green 
seed pods, leaves, and flowers of P. pallida provide a protein-rich 
food source for animals (Lewis et al. 2006, p. 282). Research studies 
on the two related plantcutter species, the rufous-tailed plantcutter 
(P. rara) and the white-tipped plantcutter (P. rutila), showed that the 
herbivore diet of these

[[Page 630]]

two species did not affect the energy levels of observed birds (Lopez-
Calleja and Bozinovic 1999, p. 709; Meynard et al. 1999, p. 906; 
Rezende et al. 2001, p. 783). The Peruvian plantcutter appears to 
prefer to feed while perched in shrubs and trees, although individuals 
also have been observed foraging on the ground (Snow 2004, p. 50). 
Birds have been observed in pairs and small groups (Collar et al. 1992, 
p. 804; Flanagan and More 2003, p. 3; Schulenberg et al. 2007, p. 488; 
Walther 2004, p. 73).

Historical Range and Distribution

    The Peruvian plantcutter is a restricted-range species that is 
confined to the mostly flat, narrow desert zone, which is less than 31 
mi (50 km) in width (Lanyon 1975, p. 443) and runs along the coast of 
northwest Peru (Ridgely and Tudor 1994, p. 734; Stattersfield et al. 
1998, p. 213; Walther 2004, p. 73). The historical range of the 
Peruvian plantcutter reportedly extended from the town of Tumbes, 
located in extreme northwest corner of Peru and approximately south to 
north of Lima within the Regions of Tumbes, Piura, Lambayeque, La 
Libertad, Ancash, and Lima (from north to south) (Collar et al. 1992, 
pp. 804-805).
    The historical distribution of the Peruvian plantcutter was most 
likely throughout the contiguous lowland P. pallida dry forest and 
riparian vegetation, below 1,804 ft (550 m) (Collar et al. 1992; 
Williams 2005, p. 1). According to Collar et al. (1992, pp. 804-805), 
the Peruvian plantcutter is known from 14 historical sites.
    The type-specimen of the Peruvian plantcutter, which was collected 
and labeled by Konstanty Jelski as being found in Tumbes in the late 
1870s, was most likely collected south of the town of Tumbes (Flanagan 
et al. in litt. 2009, pp. 2, 15). It is unknown whether the type 
specimen was lost or destroyed, or if it was ever returned to Peru 
(Flanagan et al. in litt. 2009, p. 2). Today, there is good indication 
that the type-specimen was mislabeled as being collected in Tumbes 
(Flanagan et al. in litt. 2009, pp. 2). Although the Tumbes Region has 
been extensively surveyed for the Peruvian plantcutter, including the 
North-West Biosphere Reserve, there have never been other collections 
in or near the vicinity of Tumbes or other evidence to suggest that the 
Peruvian plantcutter ever occurred in the area (Flanagan et al. in 
litt. 2009, p. 2). Thus, it appears that the Peruvian plantcutter never 
occurred in the Tumbes Region.
    Researchers consider the reduction in dry forest habitat to be the 
result of historical human activities, including extensive land 
clearing for agriculture, timber and firewood extraction, charcoal 
production, and overgrazing. These activities have led to the reduction 
and severe fragmentation of dry forest habitat today (BLI 2009a, pp. 2-
3; Bridgewater et al. 2003, p. 132; Flanagan et al. in litt. 2009, pp. 
1-9; Lanyon 1975, p. 443; Lopez et al. 2006, p. 898; Pasiecznik et al. 
2001, pp. 10, 75, 78, 95; Ridgely and Tudor 1994. p. 734; Schulenberg 
et al. 2007, p. 488; Stotz et al. 1998, p. 52) (see Factor A).

Current Range and Distribution

    The current range of the Peruvian plantcutter is approximately 
1,892 mi\2\ (4,900 km\2\) (BLI 2009a, p. 1), which is between 33 and 1, 
804 ft (10 and 550 m) above sea level and within the Peruvian Regions 
of Piura, Lambayeque, Cajamarca, La Libertad, and Ancash (from north to 
south) (Flanagan et al. in litt. 2009, pp. 14-15). The species' 
reported range is an overestimate because BirdLife International 
defines a species' range as the total area within its extent of 
occurrence (see Current Range and Distribution of the ash-breasted tit-
tyrant) (BLI 2000, pp. 22, 27). The Peruvian plantcutter's current 
distribution is severely fragmented and distributed amongst small, 
widely separated remnant patches of P. pallida dry forest (BLI 2009a, 
pp. 2-3; Flanagan et al. in litt. 2009, pp. 1-9; Ridgely and Tudor 
1994. p. 18), which are usually heavily disturbed fragments of forest 
(Bridgewater et al. 2003, p. 132). Therefore, the species' actual range 
is smaller than this figure.
    The Peruvian plantcutter is extirpated from 11 of its 14 historical 
sites due to loss of habitat or degradation of habitat (Elton 2004, p. 
1; Flanagan and More 2003, p. 5; Hinze 2004, p. 1). Depending on 
habitat quality, it is estimated that the Peruvian plantcutter requires 
approximately 2.5 ac (1 ha) of habitat for suitable food and nesting 
sites (Flanagan and More 2003, p. 3; Flanagan et al. in litt. 2009, p. 
7). Although the Peruvian plantcutter has been found in patches of P. 
pallida dry forest habitat that are in close proximity to agricultural 
lands, tracks or roads, and human settlement (Flanagan et al. in litt. 
2009, pp. 2-7), much of the available P. pallida dry forest habitat is 
unoccupied (BLI 2000, p. 401; Schulenberg et al. 2007, p. 488; Snow 
2004, p. 69; Walther 2004, p. 73).
    Flanagan et al. (in litt. 2009, pp. 1-15) recently completed a 
comprehensive review of 53 locations where there have been documented 
sightings of the Peruvian plantcutter, of which the authors determined 
29 sites were extant. Flanagan et al. (in litt. 2009, pp. 2-4, 14) 
reported that 17 of the 22 documented sites of the Peruvian plantcutter 
in the Piura Region are extant. In this region, Talara Province 
contains the largest concentration of intact P. pallida dry forest 
habitat in northwest Peru and the largest subpopulation of the Peruvian 
plantcutter (BLI 2009a, p. 2; Flanagan et al. in litt. 2009, p. 3; 
Flanagan and More 2003, p. 5; Walther 2004, p. 73). Additionally, there 
are several other documented sites of the Peruvian plantcutter in the 
Piura Region (e.g., Manglares de San Pedro, Illescas Peninsula, and 
Cerro Illescas) (BLI 2009c, p. 1; Flanagan et. al. in litt. 2009, pp. 
4, 14).
    Flanagan et al. (in litt. 2009, pp. 4-5, 14) reported a total of 13 
locations of the Peruvian plantcutter in the Lambayeque Region, of 
which 5 are considered extant. Within the Region, there are four 
important areas for the Peruvian plantcutter:
     (1) The Pomac Forest Historical Sanctuary (Santuario Historico de 
Bosque de Pomac), designated as a protected archeological site in 2001, 
is comprised of 14,547 ac (5,887 ha) of P. pallida dry forest (BLI 
2009e, p. 1; Flanagan et al. in litt. 2009, p. 4). The Sanctuary 
includes the archeological site Batan Grande, an area comprised of 
1,235 ac (500 ha) of P. pallida dry forest (BLI 2009e, p. 1; Flanagan 
et al. in litt. 2009, p. 4).
     (2) Near the small town of Rafan are remnant patches of P. pallida 
dry forest, encompassing approximately 3,706 ac (1,500 ha) (BLI 2009f, 
p. 1). The Rafan area has become a popular birding site for the 
Peruvian plantcutter (BLI 2009f, p. 1; Engblom 1998, p. 1).
     (3) Murales Forest (Bosque de Murales), comprised of P. pallida 
dry forest, is a designated Archeological Reserved Zone (BLI 2009a, p. 
3; Stattersfield et al. 2000, p. 402).
     (4) Chaparri Ecological Reserve, comprised of 85,033 ac (34,412 
ha) with P. pallida dry forest, is a community-owned and managed 
protected area (Walther 2004, p. 73). The remaining sites in the 
Lambayeque Region are small remnant patches of P. pallida dry forest 
and comprised of a few acres (Flanagan et al. in litt. 2009, pp. 4-5; 
Walther 2004, p. 73). The protected areas are further discussed under 
Factors A and D.
    Flanagan et al. (in litt. 2009, pp. 5, 14) reported one occupied 
site of the Peruvian plantcutter in the Cajamarca Region, consisting of 
approximately 14.8 ac (6 ha) of remnant P. pallida dry forest in the 
Rio Chicama Valley. Six of the 12 known sites of the Peruvian 
plantcutter in the La Libertad Region are considered extant (Flanagan 
et al. in litt. 2009, pp. 5-6, 14). Each of these sites consists of 
small patches of remnant P.

[[Page 631]]

pallida dry forest habitat (Walther 2004, p. 73; Flanagan et al. in 
litt. 2009, pp. 5-6). Of the three known sites of the Peruvian 
plantcutter in the Ancash Region, only one is reported to be extant 
(Flanagan et al. in litt. 2009, pp. 6, 14). Additionally, the authors 
reported that the two historical sites in the Lima Region were also 
unoccupied in the most recent survey (Flanagan et al. in litt. 2009, 
pp. 7, 15).
    In summary, the extant population of the Peruvian plantcutter is 
comprised of two disjunct subpopulations (BLI 2009g, pp. 1-2; Walther 
2004, p. 73), with several smaller sites (Flanagan and More 2003, pp. 
5-9; Flanagan et al. in litt. 2009, pp. 2-7; Walther 2004, p. 73; 
Williams 2005, p. 1). Additional surveys are needed to determine if 
available P. pallida dry forest habitat is occupied by the Peruvian 
plantcutter (Flanagan et al. in litt. 2009, p. 7).

Population Estimates

    There have been no rigorous quantitative assessments of the 
Peruvian plantcutter's population size (Williams 2005, p. 1). The 
estimated extant population size is between 500 and 1,000 individuals, 
and is comprised of 2 disjunct subpopulations (BLI 2009g, pp. 1-2; 
Walther 2004, p. 73) and several smaller sites (Flanagan and More 2003, 
pp. 5-9; Flanagan et al. in litt. 2009, pp. 2-7; Walther 2004, p. 73; 
Williams 2005, p. 1).
    The northern subpopulation, located in the Talara Province in Piura 
Region, reportedly has between 400 and 600 individuals, or 
approximately 60 to 80 percent of the total population of the Peruvian 
plantcutter (BLI 2009a, p. 2; Snow 2004, p. 69; Walther 2004, p. 73; 
Williams 2005, p. 1). The second subpopulation, located at Pomac Forest 
Historical Sanctuary (Lambayeque Region), reportedly has 20 to 60 
individuals (BLI 2009a, p. 2; BLI 2009e 2009, p. 1; Walther 2004, p. 
73). The smaller sites are estimated to consist of a few individuals, 
up to 40 individuals (Flanagan and More 2003, pp. 5-9; Flanagan et al. 
in litt. 2009, pp. 2-7; Walther 2004, p. 73; Williams 2005, p. 1).
    The population estimate for the Peruvian plantcutter--that is, the 
total number of mature individuals--is not the same as the effective 
population size (i.e., the number of individuals that actually 
contribute to the next generation). Further, the subpopulation 
structure and the extent of interbreeding among the occurrences of the 
Peruvian plantcutter are unknown. Although the two large subpopulations 
and many of the smaller occurrences of the Peruvian plantcutter are 
widely separated (BLI 2009a, pp. 2-3; Flanagan et al. in litt. 2009, 
pp. 1-9; Ridgely and Tudor 1994. p. 18), there is insufficient 
information to determine whether these occurrences function as 
genetically isolated subpopulations.
    The Peruvian plantcutter has experienced a population decline of 
between 1 and 9 percent in the past 10 years, and this rate of decline 
is predicted to continue (BLI 2009g, p. 1). The population is 
considered to be declining in close association with continued habitat 
loss and degradation of habitat (see Factors A and E) (BLI 2009a, pp. 
1-3; BLI 2009g, pp. 1-3; Ridgely and Tudor 1994, p. 18; Snow 2004, p. 
69).

Conservation Status

    The Peruvian plantcutter is considered ``endangered'' by the 
Peruvian Government under Supreme Decree No. 034-2004-AG (2004, p. 
276855). The IUCN considers the Peruvian plantcutter to be 
``Endangered'' because of ongoing habitat destruction and degradation 
of its small and severely fragmented range (BLI 2000, p. 402; BLI 
2009a, pp. 2-3; BLI 2009g 2009, pp. 1-2). From 1996 to 2000, the IUCN 
considered the Peruvian plantcutter to be ``Critically Endangered'' 
(BLI 2009g, p. 1), following changes to the IUCN listing criteria in 
2001. Experts have suggested returning the the species to its previous 
classification of ``Critically Endangered,'' due to the numerous and 
immediate threats to the species (Jeremy N. M. Flanagan, Conservation 
Biologist, Sullana, Peru, in litt. 2009 e-mail to DSA, p. 1; Snow 2004, 
p. 69; Walther 2004, p. 74).
    The Peruvian plantcutter occurs within two protected areas in Peru. 
It has been documented in the P. pallida dry forest within the 
protected archeological sites of the Pomac Forest Historical Sanctuary 
(BLI 2009e, p. 1) and Murales Forest (Walther 2004, p. 73).

Summary of Factors Affecting the Peruvian plantcutter

A. The Present or Threatened Destruction, Modification, or Curtailment 
of the Species' Habitat or Range

    The Peruvian plantcutter is dependent upon undisturbed Prosopis 
pallida dry forest with good floristic diversity (Collar et al. 1992, 
p. 805; Engblom 1998, p. 1; Flanagan and More 2003, p. 4). In northwest 
Peru, P. pallida dry forest was historically contiguous, covering 
approximately 2,703 m\2\ (7,000 km\2\) of the coastal lowland of 
northwest Peru (Ferreyera 1983, p. 248). There were also extensive 
wooded stands of small to medium trees of P. pallida, Acacia spp., 
Capparis spp., and willows (Salix spp.) along permanent lowland rivers, 
which have since been cleared for agricultural purposes (Lanyon 1975, 
p. 443).
    Today, with the exception of three relatively large intact dry 
forests (i.e., Talara Province, Murales Forest, and Pomac Forest 
Historical Sanctuary), the vast majority of P. pallida dry forest, arid 
lowland scrub, and riparian vegetation has been reduced due to human 
activities. Seasonally dry tropical forests are considered the most 
threatened of all major tropical forest types (Janzen 1988, p. 130), 
with higher threat levels than any other Neotropical habitat (Stotz et 
al. 1996, p. 51). The Peruvian plantcutter has been extirpated from 
most of its historical sites due to loss or degradation of habitat 
(Elton 2004, p. 1; Flanagan et. al. in litt. 2009, pp. 1-15; Flanagan 
and More 2003, pp. 5-9; Snow 2004, p. 69). Current information 
indicates that the vast majority of occupied sites of the Peruvian 
plantcutter are small, remnant, disjunct patches of P. pallida dry 
forest with each a few acres in size (BLI 2000, p. 402; Flanagan et. 
al. in litt. 2009, pp. 2-7; Snow 2004, p. 69; Walther 2004, p. 73).
    Habitat loss, conversion, and degradation throughout the Peruvian 
plantcutter's range have been and continue to occur as a result of 
human activities (BLI 2000, p. 402; BLI 2009a, p. 2; BLI 2009b, p. 1; 
BLI 2009e, p. 1; BLI 2009f, p. 1; Bridgewater et al. 2003, p. 132; 
Flanagan et al. in litt. 2009, p. 15; Lanyon 1975, p. 443; Schulenberg 
et al. 2007, p. 488; Snow 2004, p. 69; Walther 2004, p. 73), including:
    (1) Clearcutting and burning of dry forest for agriculture and 
other purposes (BLI 2000, p. 402; BLI 2009a, p. 2; BLI 2009d, pp. 1-2; 
BLI 2009f, p. 1; BLI 2009g, p. 2; Bridgewater et al. 2003, p. 132; 
Collar et al. 1992, p. 806; Engblom 1998, p. 1; Flanagan et al. 2005, 
p. 244; Ridgely and Tudor 1994, p. 734; Snow 2004, p. 69; Walther 2004, 
p. 73; Williams 2005, p. 2);
    (2) Extraction activities, including cutting for timber, firewood, 
and charcoal production (Best and Kessler 1995, p. 196; BLI 2000, p. 
402; BLI 2009d, pp. 1-2; BLI 2009g, p. 2; Ridgely and Tudor 1994, p. 
734; Rodriguez et al. 2007, p. 269; Snow 2004, p. 69; Williams 2005, p. 
1);
    (3) Grazing by goats of P. pallida dry forests, and arid scrub and 
riparian vegetation (Capra species) (BLI 2000, p. 402; BLI 2009a, p. 2; 
BLI 2009b, p. 1; BLI 2009d, pp. 1-2; Best and Kessler

[[Page 632]]

1995, p. 196; More 2002, p. 37; Snow 2004, p. 69);
    (4) Human encroachment (Fernandez-Baca et al. 2007, p. 45); and
     (5) Unpredictable climate fluctuations that exacerbate human 
activities and encourage further habitat destruction (Block and Richter 
2007, p. 1; Jetz et al. 2007, p. 1211; Richter 2005, p. 26).
    The vast majority of P. pallida dry forest habitat has been 
converted to commercial agricultural production, which is the primary 
factor in the historical decline of the Peruvian plantcutter (BLI 2000, 
p. 402; BLI 2009a, p. 2; BLI 2009d, pp. 1-2; BLI 2009f, p. 1; Collar et 
al. 1992, p. 806; Engblom 1998, p. 1; Ridgely and Tudor 1994, p. 734; 
Snow 2004, p. 69; Walther 2004, p. 73; Williams 2005, p. 2). 
Agriculture in the coastal lowlands of northwest Peru consists of 
modern large, privately owned farms and large cooperatives that 
primarily produce crops (e.g., sugarcane, cotton, rice) for export 
(Lanyon 1975, p. 443; Roethke 2003, pp. 58-59).
    Continual habitat destruction and degradation of the dry forest is 
mostly due to firewood cutting and charcoal production. Prosopis 
pallida is the dominant tree of the dry forest habitat, and is highly 
sought after because the wood provides an important source of high-
quality cooking fuel (Brewbaker 1987, p. 1; Pasiecznik et al. 2001, p. 
75). Throughout the Peruvian plantcutter's range, whole trees, 
branches, and roots of P. pallida are cut for firewood and production 
of charcoal, which is used for cooking fuel in homes, restaurants, and 
businesses that use brick kilns, both locally and in urban centers 
(Flanagan et al. in litt. 2009, p. 7). Wood of P. pallida is also used 
for construction and fence posts (Pasiecznik et al. 2001, p. 78). 
Additionally, roots of older P. pallida trees are used in wooden art 
crafts (BLI 2009a, p. 2).
    Talara Province (in Piura Region) contains the largest remaining 
intact P. pallida dry forest in northwest Peru, encompassing 
approximately 123,553 ac (50,000 ha) (Flanagan et al. in litt. 2009, 
pp. 2-3; Flanagan and More 2003, p. 5; Walther 2004, p. 73). The 
Province also has the largest subpopulation of the Peruvian 
plantcutter, reportedly between 400 and 600 individuals or 
approximately 60 to 80 percent of the total population (BLI 2009a, p. 
2; Elton 2004, pp. 3-4; Snow 2004, p. 69; Walther 2004, p. 73; Williams 
2005, p. 1). Until recently, a large portion of the Province, including 
P. pallida dry forest habitat, was owned by the State-owned petroleum 
company PetroPeru, which prohibited access to approximately 90,000 ac 
(36,422 ha). Under the management of PetroPeru, the P. pallida dry 
forest was not subject to the same habitat destruction and degradation 
activities (e.g., clearing of trees, firewood cutting and charcoal 
production) as other dry forest habitat areas (Elton 2004, pp. 3-4; 
Hinze 2004, p. 1). Recently, the land was reverted to the Peruvian 
Government, and it is unclear whether the government plans to issue 
private concessions as in other areas of the Province (Elton 2004, p. 
4). Consequently there have been recent efforts, including a formal 
petition to the Peruvian Government, to create a 12,000 to 24,710-ac 
(4,856- to 10,000-ha) protected reserve for the northern subpopulation 
of the Peruvian plantcutter (Elton 2004, p. 4; Walther 2004, p. 73). 
However, the government has not designated such a reserve for the 
species (Elton 2004, p. 4; Williams 2005, p. 3).
    Habitat destruction and degradation of P. pallida dry forest, 
including firewood cutting and charcoal production, is ongoing in the 
Talara Province, including on the land previously owned by PetroPeru 
and an area identified as the Talara Important Birding Area by BirdLife 
International (Flanagan in litt. 2009, p. 1). Since 2005, there has 
been extensive cutting and clearing of P. pallida trees for fuel to 
cook and dry Humboldt giant squid (Dosidicus gigas) carcasses (Flanagan 
et al. in litt. 2009, p. 8). The most important commercial fishery of 
the Humboldt giant squid occurs along the coast of Peru (UNEP 2006, p. 
33; Zeidberg and Robison, 2007, p. 12, 948). Harvested carcasses are 
transported by truck from the Talara port to recently cleared areas in 
the dry forest, where they are boiled and dried (Flanagan et al. in 
litt. 2009, p. 8). Therefore, this fishery not only adds to the 
collection pressure on Prosopis species for use as fuel, but also adds 
to forest clearing in the area. Another relatively new demand for P. 
pallida firewood is associated with the illegal extraction of crude oil 
from above-ground pipes in the Talara Province. The stolen oil is 
distilled by heating it with firewood (Flanagan et al. in litt. 2009, 
p. 8). Capparis scabrida (no common name, but locally known as 
``sapote'') is a tree that occurs with P. pallida and is also a food 
source for the Peruvian plantcutter. Although the tree is listed as 
``Critically Endangered'' by the Peruvian Government, the highly sought 
after wood is cut to produce handicrafts for the local, national, and 
international market, as well as for firewood and charcoal production 
(Rodriguez et al. 2007, p. 269).
    Habitat alteration is also caused by grazing goats, which remove or 
heavily degrade the shrubs and trees (BLI 2000, p. 402; BLI 2009a, p. 
2; Elton 2004, pp. 3-4; Snow 2004, p. 69; Williams 2005, p 2). The seed 
pods and leaves of P. pallida provide highly nutritious fodder for 
goats (Brewbaker 1987, pp. 1-2; Pasiecznik et al. 2001, p. 95). Goats 
roam freely and graze on trees and shrubs, particularly lower branches 
close to ground which are preferred by the Peruvian plantcutter for 
foraging and nesting (Elton 2004, pp. 3-4; Snow 2004, p. 50; Williams 
2005, p 2).
    Human encroachment and concomitant increasing human population 
pressures exacerbate the destructive effects of ongoing human 
activities (e.g., clearing of P. pallida dry forest, firewood cutting, 
and charcoal production) throughout the Peruvian plantcutter's range. 
Although the coastal lowlands represent only about 10 percent of 
country's total territory, more urban centers are located on the coast, 
which represent approximately 52 percent of the total population of 
Peru (Fernandez-Baca et al. 2007, p. 45). Larger concentrations of 
people put greater demand on the natural resources in the area, which 
spurs additional habitat destruction and increases infrastructure 
development that further facilitates encroachment.
    Peruvian plantcutters are also impacted by unpredictable climate 
fluctuations that exacerbate the effects of habitat fragmentation. 
Unpredictable climate fluctuations are more fully described under the 
Factor A analysis of the ash-breasted tit-tyrant and are summarized 
here. Changes in weather patterns, such as ENSO cycles (El Ni[ntilde]o 
and La Ni[ntilde]a events), tend to increase precipitation in normally 
dry areas, and decrease precipitation in normally wet areas (Holmgren 
et al. 2001, p. 89; TAO Project n.d., p. 1) while intensifying the 
effects of habitat fragmentation on the decline of a species (England 
2000, p. 86; Holmgren et al. 2001, p. 89; Jetz et al. 2007, pp. 1211, 
1213; Mora et al. 2007, p. 1027; Parmesan and Mathews 2005, p. 334; 
Plumart 2007, pp. 1-2; Timmermann 1999, p. 694), especially for narrow 
endemics (Jetz et al. 2007, p. 1213) such as the Peruvian plantcutter.
    The arid terrestrial ecosystem of Northwest Peru, where the 
Peruvian plantcutter occurs, is strongly influenced by the ENSO cycle 
(Rodriguez et al 2005, p. 1), which can have profound and long-lasting 
effects (Holmgren et al. 2006a, p. 87; Mooers et al. 2007, p. 2). The 
amount of rainfall during an El Ni[ntilde]o year can be more than 25 
times greater than during normal years in northern Peru (Holmgren et 
al.

[[Page 633]]

2006a, p. 90; Rodriguez et al 2005, p. 2). El Ni[ntilde]o events are 
important triggers for regeneration of plants in semiarid ecosystems, 
particularly the dry forest of northwest Peru (Holmgren et al. 2006a, 
p. 88; Lopez et al. 2006, p. 903; Rodriguez et al. 2005, pp. 2-3). 
During El Ni[ntilde]o events, plant communities and barren lands are 
transformed into lush vegetation, as seeds germinate and grow more 
quickly in response to increased rainfall (Holmgren et al. 2006a, p. 
88; Holmgren et al. 2006b, pp. 2-8; Rodriguez et al. 2005, pp. 1-6). 
Over the last 20 years, recruitment of P. pallida in northwest Peru 
doubled during El Ni[ntilde]o years, when compared to non-El 
Ni[ntilde]o years (Holmgren et al. 2006b, p. 7). However, the abundant 
supply of vegetation encourages locals to expand goat breeding 
operations, which results in overgrazing by goats and further land 
degradation (Richter 2005, p. 26).
    ENSO cycles increase the risk of fire because El Ni[ntilde]o events 
are often followed by years of extremely dry weather (Block and Richter 
2007, p. 1), and accumulated biomass dries and adds to the fuel load in 
the dry season (Block and Richter 2007, p. 1; Power et al. 2007, p. 
898). Evidence suggests that the fire cycle in Peru has shortened, 
particularly coastal Peru and west of the Andes (Power et al. 2007, pp. 
897-898), which can have broad ecological consequences (Block and 
Richter 2007, p. 1; Power et al. 2007, p. 898). According to Block and 
Richter (2007, p. 1), P. pallida dry forest and Capparis spp. 
scrublands in northwest Peru would likely experience a long-term change 
in plant species composition that favor aggressive, annual, non-native 
weedy plant species (Richter 2005, p. 26). An accelerated fire cycle 
would further exacerbate changes in species composition that hinder 
long-lived perennial, native plant species, such as Prosopis species, 
upon which the Peruvian plantcutter relies.
    ENSO cycles are ongoing, having occurred several times within the 
last decade (NWS 2009, p. 2), and evidence suggests that ENSO cycles 
have already increased in periodicity and severity (Richter 2005, pp. 
24-25; Timmermann 1999, p. 694), which will exacerbate the negative 
impacts of habitat destruction on a species. It is predicted that, by 
2050, approximately 11 to 16 percent of existing land is likely to be 
unsuitable for this species due to climate change; and, by 2100, it is 
predicted that about 24 to 35 percent of the species' range is likely 
to be lost as a direct result of global climate change (Jetz et al. 
2007, p. 81).
    Habitat destruction is often caused by a combination of human 
activities that promote habitat degradation. In Lambayeque Region, a 
3,706-ac (1,500-ha) section of remnant P. pallida dry forest is under 
continual threat from human activities, including conversion to 
agriculture, firewood cutting and charcoal production, and grazing by 
goats. This area may support between 20 and 40 Peruvian plantcutters 
(BLI 2009f, p. 1; Walther 2004, p. 73). In the 1990s, a significant 
portion of this dry forest was converted to sugarcane fields (Engblom 
in litt. 1998, p. 1; Snow 2004, p. 69; Walther 2004, p. 73; Williams 
2005, p. 2). Within Piura and Lambayeque Regions, threats to the dry 
forest habitat include conversion to agriculture, firewood and timber 
cutting, and grazing by goats (BLI 2009d, pp. 1-2). Habitat destruction 
and alteration also occurs within two protected areas where the 
Peruvian plantcutter occurs (in Lambayeque Region), Pomac Forest 
Historical Sanctuary (Andean Air Mail and Peruvian Times 2009, p. 1; 
Flanagan et al. in litt. 2009, pp. 7-8; Williams 2005, p. 1), and the 
Murales Forest (BLI 2000, p. 402; BLI 2009a, p. 3; Stattersfield et al. 
2000, p. 402; Walther 2004, p. 73). Habitat destruction and alteration 
activities within these protected areas are discussed under Factor D.
    Experts consider the population of this range-restricted endemic 
species to be declining in close association with the continued habitat 
loss and degradation (BLI 2000, p. 401; BLI 2009a, pp. 1-2; BLI 2009g, 
pp. 1-3), and that the effects are higher in dry forest habitat than in 
any other Neotropical habitat (Stotz et al. 1998, p. 51).

Summary of Factor A

    The Peruvian plantcutter is dependent upon intact P. pallida dry 
forest with low-hanging branches and high floristic diversity, and 
associated arid lowland scrub and riparian vegetation. Prosopis pallida 
dry forest habitat, as well as arid lowland scrub and riparian shrub 
habitats, throughout Peruvian plantcutter's range have been and 
continue to be altered and destroyed as a result of human activities, 
including conversion to agriculture; timber and firewood cutting and 
charcoal production; grazing of goats; and human encroachment. Extant 
P. pallida dry forest today consists of remnant, disjunct patches of 
woodlands, which are heavily disturbed and under continued threat of 
degradation by human activities. Although observations suggest that 
this dry forest-dependent species is able to occupy very small remnant 
patches of dry forest with low-hanging branches and floristic 
diversity, and is able to persist to some degree near developed lands, 
many of these sites are approaching the lower threshold of the species' 
ecological requirements. This species has been extirpated from most of 
its historical sites due to loss or degradation of habitat. 
Additionally, many of the extant occupied sites are separated by great 
distances, which may lead to genetic isolation of the species (See 
Factor E). The same activities that caused the historical decline in 
this species are ongoing today. These habitat-altering activities are 
compounded by unexpected climate fluctuations, especially for narrow 
endemics, such as the Peruvian plantcutter. Excessive rains that are 
accompanied by El Ni[ntilde]o events induce further habitat 
destruction, as people take advantage of better grazing and growing 
climate conditions. Climate models predict that this species' habitat 
will continue to decline. Destruction of the remaining P. pallida dry 
forest fragments in Peru continues to reduce the quantity, quality, 
distribution, and regeneration of remaining patches of dry forest. 
Human activities that degrade, alter, and destroy habitat are ongoing 
throughout the species' range, including within the one protected area 
(Factor D). Therefore, we find that destruction and modification of 
habitat are threats to the continued existence of Peruvian plantcutter 
throughout its range.

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

    We are not aware of any information currently available that 
indicates that overutilization of Peruvian plantcutter for commercial, 
recreation, scientific, or education purposes has occurred or is 
occurring at this time. As a result, we are not considering 
overutilization to be a threat to the continued existence of the 
Peruvian plantcutter.

C. Disease or Predation

    We are not aware of any scientific or commercial information that 
indicates disease or predation poses a threat to the Peruvian 
plantcutter. As a result, we do not consider disease or predation to be 
a threat to the continued existence of the Peruvian plantcutter.

D. The Inadequacy of Existing Regulatory Mechanisms

    The Peruvian plantcutter is considered ``endangered'' by the 
Peruvian Government under Supreme Decree No. 034-2004-AG (2004, p. 
276854). This Decree prohibits hunting, take, transport, and trade of 
protected species, except as permitted by regulation. As hunting, 
taking, or trade

[[Page 634]]

do not currently threaten the Peruvian plantcutter (Factor B), this 
regulation does not mitigate any current threats to the species.
    Peru has several categories of national habitat protection, which 
were described above as part of Factor D for the ash-breasted tit-
tyrant (BLI 2008, p. 1; IUCN 1994, p. 2; Rodriguez and Young 2000, p. 
330). The Peruvian plantcutter is known to occur within two Peruvian 
nationally protected areas, the Pomac Forest Historical Sanctuary and 
the Murales Forest (both Lambayeque Region). The Pomac Forest 
Historical Sanctuary supports an estimated 20 to 60 Peruvian 
plantcutters (BLI 2009a, p. 2; BLI 2009e, p. 1; Walther 2004, p. 73). 
Resources within the Pomac Forest Historical Sanctuary are managed for 
the preservation of the archeological site, P. pallida dry forest, and 
wildlife species. However, habitat destruction and alteration, 
including illegal forest clearing for farming, timber and firewood 
cutting, and grazing, continually threaten the Sanctuary (Williams 
2005, p. 1). For 8 years, more than 250 families illegally occupied and 
farmed land in the Sanctuary. During the illegal occupancy, the 
inhabitants logged 4,942 ac (2,000 ha) of P. pallida trees for firewood 
and burned many other trees for charcoal production (Andean Air Mail 
and Peruvian Times 2009, p. 1). The logged forest was subsequently 
converted to agricultural crops, while remaining forest habitat was 
continually degraded by firewood cutting, charcoal production, and 
grazing of goats (Flanagan et al. in litt. 2009, p. 8.). In January 
2009, the government forcibly removed the inhabitants, but it is too 
soon to determine the effect that habitat destruction has had on the 
suitability of the habitat for the Peruvian plantcutter. There is 
insufficient information to conclude that recent efforts to stop the 
illegal human occupancy of the area will have a positive impact on the 
species or remaining habitat within the protected area. Therefore, any 
protections afforded by this Sanctuary has not mitigated the threats to 
the species from ongoing habitat loss and associated population decline 
(Factor A).
    The Murales Forest is a designated Archeological Reserved Zone (BLI 
2000, p. 401; BLI 2009a, p. 3; Stattersfield et al. 2000, p. 402), and 
supports a declining population of Peruvian plantcutters. According to 
Peruvian law, designation as a Reserved Zone allows for temporary 
protection while further study is under way to determine the area's 
importance (BLI 2008, p. 1; Rodriguez and Young 2000, p. 330). Although 
strict monitoring has protected some habitat (BLI 2009a, p. 3), the 
actual dry forest is not protected. In 1999, land rights to sections of 
the forest were sold for agricultural conversion, and government 
intervention has been necessary to prevent further sales of land for 
conversion to agriculture (BLI 2009a, p. 3). In 1999, Murales Forest 
and adjacent areas contained approximately 1,221 ac (494 ha) of 
habitat, and reportedly supported 140 Peruvian plantcutters (BLI 2000, 
p. 402). In 2004, the population was estimated to be 20 to 40 
individuals (Walther 2004, p. 73). Therefore, the presence of the 
Peruvian plantcutter within this protected area has not mitigated the 
threats to the species from ongoing habitat loss and associated 
population decline (Factor A).
    Incidences of illegal activity that occur throughout the species' 
range also impact the Peruvian plantcutter. Ongoing firewood cutting 
and charcoal production degrades the small amount of remaining dry 
forest habitat throughout the species' range (BLI 2009d, pp. 1-2; BLI 
2009g, p. 2; Ridgely and Tudor 1994, p. 734; Rodriguez et al. 2007, p. 
269; Snow 2004, p. 69; Williams 2005, p. 1). In Talara Province (Piura 
Region), a recent increase in the illegal extraction of crude oil has 
generated further demand for P. pallida firewood, which is used as fuel 
to heat-distill the oil. According to Flanagan et al. (in litt. 2009, 
p. 8), enforcement to combat this illegal activity is difficult. 
Therefore, existing laws are ineffective at mitigating the ongoing 
threat of habitat destruction (Factor A).

Summary of Factor D

    Peru has enacted various laws and regulatory mechanisms to protect 
and manage wildlife and their habitats. The Peruvian plantcutter is 
``endangered'' under Peruvian law and occurs within two protected areas 
in Peru. As discussed under Factor A, the Peruvian plantcutter prefers 
P. pallida dry forest. This habitat has been drastically reduced and 
remaining habitat is comprised of small remnant patches of dry forest 
that are separated by great distances. Habitat throughout the species' 
range has been and continues to be destroyed and altered as a result of 
human activities, primarily conversion to agriculture, and continual 
degradation by timber and firewood harvest and charcoal production, and 
grazing by goats. These activities are ongoing, including within 
protected areas and despite the species' ``endangered'' status, 
indicating that the laws governing wildlife and habitat protection in 
Peru are either inadequate or inadequately enforced to protect the 
species or to mitigate ongoing habitat loss (Factor A) and population 
declines (Factor E). Therefore, we find that the existing regulatory 
mechanisms are inadequate to mitigate the current threats to the 
continued existence of the Peruvian plantcutter throughout its range.

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

    An additional factor that affects the continued existence of the 
Peruvian plantcutter is the species' small population size. BirdLife 
International has placed the Peruvian plantcutter in the population 
category of between 500 and 1,000 individuals (BLI 2009g, p. 1). The 
species' population size is not characterized as ``small'' in published 
literature and there is insufficient information on similar species 
(i.e., the other South American plantcutters) to understand whether the 
Peruvian plancutter's population size is small relative to other 
plantcutters. However, there are several indications that this number 
of individuals represents a small population.
    First, the Peruvian plantcutter's population size--which is defined 
by BirdLife International as the total number of mature individuals--is 
not the same as the effective population size--the number of 
individuals that actually contribute to the next generation (Shaffer 
1981, pp. 132-133; Soule 1980, pp. 160-162). Not all individuals in a 
population will contribute to reproduction each year. Therefore, the 
estimated population size for the Peruvian plantcutter is an 
overestimate of the species' effective population size. Moreover, the 
subpopulation structure and the extent of interbreeding among the 
occurrences of the Peruvian plantcutter are unknown (see Population 
Estimates). If further research indicates that species does not breed 
as a single population, its effective population size would be further 
reduced.
    Second, the extant Peruvian plantcutter population occurs primarily 
in 2 disjunct subpopulations--Talara and Pomac Forest Historical 
Sanctuary (BLI 2009g, pp. 1-2; Walther 2004, p. 73)--and in several 
smaller sites (Flanagan and More 2003, pp. 5-9; Flanagan et al. in 
litt. 2009, pp. 2-7; Walther 2004, p. 73; Williams 2005, p. 1). Talara 
and Pomac Forest Historical Sanctuary are approximately 160 mi (257 km) 
apart (FCC (Federal Communications Commission)-Audio Division 2009). 
The Peruvian plantcutter is dependent upon

[[Page 635]]

undisturbed Prosopis pallida dry forest with good floristic diversity 
(Collar et al. 1992, p. 805; Engblom 1998, p. 1; Flanagan and More 
2003, p. 4). Its habitat is heavily degraded and localities are small, 
severely fragmented, and widely separated (BLI 2009a, pp. 2-3; 
Bridgewater et al. 2003, p. 132; Flanagan et al. in litt. 2009, pp. 1-
9; Ridgely and Tudor 1994. p. 18) (see Factor A). It is possible that 
the distance between patches of suitable habitat is too great to 
support interbreeding between localities, so that the extant 
occurrences of this species would function as genetically isolated 
subpopulations.
    For these reasons, we consider the Peruvian plantcutter's current 
estimated population to be small and, as such, this species is subject 
to the risks associated with small population sizes. Small population 
size renders a species vulnerable to any of several risks, including 
inbreeding depression, loss of genetic variation, and accumulation of 
new mutations. Inbreeding can have individual or population-level 
consequences either by increasing the phenotypic expression (the 
outward appearance or observable structure, function, or behavior of a 
living organism) of recessive, deleterious alleles or by reducing the 
overall fitness of individuals in the population (Charlesworth and 
Charlesworth 1987, p. 231; Shaffer 1981, p. 131). Small, isolated 
wildlife populations are also more susceptible to environmental 
fluctuations and demographic shifts (Pimm et al. 1988, pp. 757, 773-
775; Shaffer 1981, p. 131), such as reduced reproductive success of 
individuals and chance disequilibrium of sex ratios. Species tend to 
have a higher risk of extinction if they occupy a small geographic 
range and occur at low density (Purvis et al. 2000, p. 1949).
    The Peruvian plantcutter has experienced a population decline of 
between 1 and 9 percent in the past 10 years due to habitat loss and 
this decline is expected to continue in close association with 
continued habitat loss and degradation (see Factor A) (BLI 2009a, pp. 
1-3; BLI 2009g, pp. 1-3; Ridgely and Tudor 1994, p. 18; Snow 2004, p. 
69). Extinction risk is heightened in small, declining populations by 
an increased vulnerability to the loss of genetic variation due to 
inbreeding depression and genetic drift. This, in turn, compromises a 
species' ability to adapt genetically to changing environments 
(Frankham 1996, p. 1507) and reduces fitness, thus increasing 
extinction risk (Reed and Frankham 2003, pp. 233-234). Once a 
population is reduced below a certain number of individuals, it tends 
to rapidly decline towards extinction (Franklin 1980, pp. 147-148; 
Gilpin and Soule 1986, p. 25; Holsinger 2000, pp. 64-65; Soule 1987, p. 
181).
    Complications arising from the species' small population size are 
exacerbated by its fragmented distribution. Because remaining habitat 
patches are small, heavily degraded, and widely separated, the Peruvian 
plantcutter's current distribution is highly restricted and severely 
fragmented (BLI 2009a, pp. 2-3; Bridgewater et al. 2003, p. 132; 
Flanagan et al. in litt. 2009, pp. 1-9; Ridgely and Tudor 1994. p. 18). 
Habitat fragmentation can cause genetic isolation and heighten the 
risks to the species associated with short-term genetic viability. A 
species' small population size, combined with a restricted and 
fragmented distribution, exacerbates a species' vulnerability to 
adverse natural events (e.g., genetic, demographic, or environmental) 
and manmade activities (e.g., land clearing, timber and firewood 
cutting, and grazing by goats) (Holsinger 2000, pp. 64-65; Primack 
1998, pp. 279-308; Young and Clarke 2000, pp. 361-366).

Summary of Factor E

    The Peruvian plantcutter has a small population size that renders 
it vulnerable to genetic risks that negatively impact the species' 
viability. The species occurs primarily in two disjunct subpopulations, 
and remaining habitat is highly fragmented and continues to be altered 
by human activities (Factor A). Its small population size, combined 
with its restricted and fragmented range, increases the Peruvian 
plantcutter's vulnerability to extinction, through demographic or 
environmental fluctuations. Based on its small population size and 
fragmented distribution, we have determined that the Peruvian 
plantcutter is particularly vulnerable to the threat of adverse natural 
events (e.g., genetic, demographic, or environmental) and human 
activities (e.g., deforestation, habitat alteration, and infrastructure 
development) that destroy individuals and their habitat. The genetic 
and demographic risks associated with small population sizes are 
exacerbated by ongoing human activities that continue to curtail the 
species' habitat throughout its range. The species' population has 
declined and is predicted to continue declining commensurate with 
ongoing habitat loss (Factor A) and we consider that the risks 
associated with small population size will continue to impact this 
species and may accelerate, if habitat destruction continues unabated. 
Therefore, we find that the species' small population size, in concert 
with its fragmented distribution and its heightened vulnerability to 
adverse natural events and manmade activities, are threats to the 
continued existence of the Peruvian plantcutter throughout its range.

Status Determination for the Peruvian Plantcutter

    The Peruvian plantcutter, a small, herbivorous bird, is endemic to 
semiarid lowland dry forests of coastal northwest Peru. The species' 
primary habitat is Prosopis pallida dry forest between 33 and 1, 804 ft 
(10 and 550 m) above sea level. The species is dependent on year-round 
availability of high-quality food and is known primarily in two 
disjunct subpopulations, with several smaller, widely separated sites 
in the Regions of Piura, Lambayeque, Cajamarca, La Libertad, and Ancash 
(from north to south). The actual range of the Peruvian plantcutter is 
smaller than the reported range of 1,892 mi\2\ (4,900 km\2\), given the 
severely fragmented distribution of the species. The species' 
population size is estimated to be 500-1,000 individuals.
    We have carefully assessed the best available scientific and 
commercial information regarding the past, present, and potential 
future threats faced by the Peruvian plantcutter and have concluded 
that there are three primary factors that threaten the continued 
existence of the Peruvian plantcutter: (1) Habitat destruction, 
fragmentation, and degradation; (2) limited size and isolation of 
remaining populations; and (3) inadequate regulatory mechanisms.
    Human activities that degrade, alter, and destroy habitat are 
ongoing throughout the Peruvian plantcutter's range. Widespread land 
conversion to agriculture has removed the vast majority of P. pallida 
dry forest habitat throughout the range of the Peruvian plantcutter. 
Peruvian plantcutter habitat continues to be altered by human 
activities, such as timber and firewood cutting, burning, and grazing, 
which result in the continued degradation, conversion, and destruction 
of habitat and reduce the quantity, quality, distribution, and 
regeneration of remaining dry forest habitat. Current research 
indicates that narrow endemics, such as the Peruvian plantcutter, are 
especially susceptible to climate fluctuations, because of the 
synergistic effect these fluctuations have on declining populations 
that are also experiencing range reductions due to human activities. 
Remaining habitat is highly fragmented and disjunct, separated by large 
areas of converted

[[Page 636]]

land (e.g., agriculture, urban areas) and sparse vegetation (e.g., 
Sechura Desert), and excessive rains induce further habitat destruction 
and prevent regeneration, as people take advantage of better grazing 
and growing climate conditions.
    The Peruvian plantcutter's population is small, rendering the 
species particularly vulnerable to the threat of adverse natural events 
(e.g., genetic, demographic, or environmental) and human activities 
(e.g., deforestation and firewood extraction) that destroy individuals 
and their habitat. Ongoing human activities that cause habitat loss 
throughout the species' range exacerbate the genetic and demographic 
risks associated with small population sizes (Factor E). The population 
has declined 1-9 percent in the past 10 years (see Population 
Estimates), in association with continued habitat loss (Factor A). 
Habitat loss was a factor in this species' historical decline (see 
Historical Range and Distribution)--the Peruvian plantcutter has been 
extirpated from 11 of its 14 historical sites (see Current Range and 
Distribution)--and the species is considered to be declining today in 
association with the continued reduction in habitat (Factors A and E). 
Moreover, current research indicates that narrow endemics, such as the 
Peruvian plantcutter, are especially susceptible to climate 
fluctuations because of the synergistic effect these fluctuations have 
on declining populations that are also experiencing range reductions 
due to human activities (Factor A).
    Despite the species' endangered status in Peru and its occurrence 
within two protected areas (Factor D), habitat loss and degradation 
continue throughout the Peruvian plantcutter's habitat (Factor A). 
Therefore, regulatory mechanisms are either inadequate or ineffective 
at mitigating the existing threats to the Peruvian plantcutter and its 
habitat (Factor D).
    Section 3 of the Act defines an ``endangered species'' as ``any 
species which is in danger of extinction throughout all or a 
significant portion of its range'' and a ``threatened species'' as 
``any species which is likely to become an endangered species within 
the foreseeable future throughout all or a significant portion of its 
range.'' Based on the immediate and ongoing significant threats to the 
Peruvian plantcutter throughout its entire range, as described above, 
we determine that the Peruvian plantcutter is in danger of extinction 
throughout all of its range. Therefore, on the basis of the best 
available scientific and commercial information, we are proposing to 
list the Peruvian plantcutter as an endangered species throughout all 
of its range.

V. Royal cinclodes (Cinclodes aricomae)

Species Description

    The royal cinclodes, also known as ``churrete real'' and 
``remolinera real,'' is a large-billed ovenbird in the Furnaridae 
family that is native to high-altitude woodlands of the Bolivian and 
Peruvian Andes (BLI 2009i, pp. 1-2; del Hoyo et al. 2003, p. 253; 
InfoNatura 2007, p. 1; Supreme Decree No. 034-2004-AG 2004, p. 27685; 
Valqui 2000, p. 104). The adult is nearly 8 in (20 cm) in length, with 
dark chocolate-brown plumage on the upperparts, with a darker crown and 
a buff-colored area above the eyes. The throat is buff-colored, and the 
remaining underparts are gray-brown to buff-white. The wings are dark 
with prominent edging that forms a distinctive wing-bar in flight. The 
large, dark bill is slightly curved at the tip (BLI 2009i, p. 1).

Taxonomy

    When the species was first taxonomically described, the royal 
cinclodes was placed in the genus Upucerthia (Carriker 1932, pp. 1-2) 
and was then transferred to Geositta as a subspecies (Geositta 
excelsior aricomae) (Vaurie 1980, p. 14). Later, it was transferred to 
the genus Cinclodes, where it was considered a race or subspecies of 
the stout-billed cinclodes (Cinclodes excelsior) until recently (BLI 
2009i, p. 1; Fjeldsa and Krabbe 1990, pp. 337-338; Vaurie 1980, p. 15). 
The royal cinclodes is now considered a distinct species (C. aricomae) 
based on differences in its habitat, morphology, and genetic distance 
(Chesser 2004, p. 763; del Hoyo et al. 2003, p. 253). Therefore, we 
accept the species as Cinclodes aricomae, which also follows ITIS 
(2009, p. 1).

Habitat and Life History

    The royal cinclodes is restricted to moist and mossy habitat amidst 
the steep, rocky slopes of semihumid Polylepis or Polylepis - Gynoxys 
woodlands, where the species is found at elevations between 11,483 and 
12,092 ft (3,500 and 4,600 m) (BLI 2000, p. 345; BLI 2009i, p. 2; 
Collar et al. 1992, p. 588; del Hoyo et al. 2003, p. 253). The 
characteristics of Polylepis habitat were described above as part of 
the Habitat and Life History of the ash-breasted tit-tyrant (Aucca and 
Ramsay 2005, p. 1; Chutas et al. 2008, p. 3; De la Via 2004, p. 10; 
IPNI 2009, p. 1; Kessler 1998, p. 1; Kessler and Schmidt-Lebuhn 2006, 
pp. 1-2; Purcell et al. 2004, p. 455). The royal cinclodes prefers 
dense woodlands (BLI 2000, p. 345; BLI 2009i, p. 2; Collar et al. 1992, 
p. 588; del Hoyo et al. 2003, p. 253), with more closed canopies that 
provide habitat for more lush moss growth (Engblom et al. 2002, p. 57). 
The moss-laden vegetation and shaded understory harbor a rich diversity 
of insects, making good feeding grounds for insectivorous birds (De la 
Via 2004, p. 10) such as the royal cinclodes (del Hoyo et al. 2003, p. 
253; Engblom et al. 2002, p. 57). In Bolivia, the royal cinclodes has 
been observed only in P. pepei forests, but it is found amongst a 
greater variety of Polylepis species in Peru (Chutas et al. 2008, p. 
16; I. Gomez, National Museum of National History-Ornithology Section-
Bolivian Fauna Collection, La Paz, Bolivia, e-mail to Division of 
Scientific Authority, in litt. December 4, 2007, p. 1).
    Information on the ecology and breeding behavior of royal cinclodes 
is limited. The species' feeding territory ranges from 7 to 10 ac (3 to 
4 ha) (del Hoyo et al. 2003, p. 253; Engblom et al. 2002, p. 57). 
Breeding pairs may occupy smaller, 2.5-ac (2-ha) territories (Chutas 
2007, p. 7). The royal cinclodes is described as ``nervous'' and is 
easily disturbed by humans (Engblom et al. 2002, p. 57). The breeding 
season probably begins in December, but territorialism among pairs can 
be seen in austral winter (June-August) (BLI 2000, p. 345; del Hoyo et 
al. 2003, p. 253). Cinclodes species construct burrows or use natural 
cavities, crevices, or rodent burrows for nesting (Fjeldsa and Krabbe 
1990, p. 337; Vaurie 1980, pp. 30, 34). The royal cinclodes' clutch 
size may be similar to that of the closely-related stout-billed 
cinclodes (C. excelsior), which, according to Graves and Arango (1988, 
p. 252), is two eggs per clutch.
    Its diet consists primarily of invertebrates, sometimes seeds, and 
occasionally small vertebrates (small frogs) (del Hoyo et al. 2003, p. 
253). The royal cinclodes forages, solitary or in pairs, by probing 
through moss and debris on the forest floor (BLI 2000, p. 345; Collar 
et al. 1992, p. 589; del Hoyo et al. 2003, p. 253; Fjeldsa 2002b, p. 
9). This ground-feeding strategy generally requires a relatively large 
territory and may also facilitate interbreeding amongst groups located 
on adjoining mountain peaks when the species likely descends the 
mountains during periods of snow cover (Engblom et al. 2002, p. 57).

Historical Range and Distribution

    The royal cinclodes may once have been locally common and 
distributed

[[Page 637]]

across most of central to southern Peru and into the Bolivian 
highlands, in once-contiguous expanses of Polylepis forests above 9,843 
ft (3,000 m) (BLI 2000, p. 345; BLI 2009i, p. 1; Fjeldsa 2002a, pp. 
111-112, 115; Herzog et al. 2002, p. 94; Kessler 2002, pp. 97-101). 
Polylepis woodlands are now restricted to elevations of 11,483 to 
16,404 ft (3,500 to 5,000 m) (Fjeldsa 1992, p. 10). As discussed above 
for the Historical Range and Distribution of the ash-breasted tit-
tyrant, researchers consider human activity to be the primary cause for 
historical habitat decline and resultant decrease in species richness 
(Fjeldsa and Kessler 1996, Kessler 1995a, b, and L[aelig]gaard 1992, as 
cited in Fjeldsa 2002a, p. 112; Fjeldsa 2002a, p. 116; Herzog et al. 
2002, p. 94; Kessler 2002, pp. 97-101; Kessler and Herzog 1998, pp. 50-
51). The royal cinclodes may have been extirpated from its type 
locality (Aricoma Pass, Puno), and possibly throughout the entire Puno 
Region, where Polylepis forest no longer occurs exists (Collar et al. 
1992, p. 589; Engblom et al. 2002, p. 57) (see Population Estimates). 
It is estimated that between 2-3 percent and 10 percent of the original 
forest cover still remains in Peru and Bolivia, respectively (BLI 
2009i, p. 1; Fjeldsa and Kessler 1996, as cited in Fjeldsa 2002a, p. 
113) (see Factor A). Of this amount, less than 1 percent of the 
remaining woodlands occur in humid areas, where Polylepis denser stands 
occur (Fjeldsa and Kessler 1996, as cited in Fjeldsa 2002a, p. 113) and 
which are preferred by the royal cinclodes (del Hoyo et al. 2003, p. 
253; Engblom et al. 2002, p. 57). The royal cinclodes was initially 
discovered in Bolivia in 1876, but was not observed there again until 
recently (BLI 2009i, p. 2; Hirshfeld 2007, p. 198) (see Current Range 
and Distribution).

Current Range and Distribution

    The royal cinclodes is restricted to moist and mossy habitat amidst 
the steep rocky slopes of semihumid Polylepis or Polylepis - Gynoxys 
woodlands, where the species is found at elevations between 11,483 and 
12,092 ft (3,500 and 4,600 m) (BLI 2000, p. 345; BLI 2009i, p. 2; 
Collar et al. 1992, p. 588; del Hoyo et al. 2003, p. 253). The current 
range of the species is approximately 1,042 mi\2\ (2,700 km\2\) (BLI 
2009i, p. 1), which is an overestimate of the actual range (as 
discussed under the Current Range and Distribution of the ash-breasted 
tit-tyrant) (BLI 2000, pp. 22, 27), given the fragmented nature of the 
species' remaining habitat (BLI 20091, p. 1; Fjeldsa and Kessler 1996, 
as cited in Fjeldsa 2002a, p. 113).
    The royal cinclodes was only rediscovered in Bolivia within the 
last decade, after more than 100 years of not being observed there (BLI 
2009i, p. 2; Hirshfeld 2007, p. 198). Within the last 15 years, royal 
cinclodes has been observed in Peru's Runtacocha highlands (Apurimac), 
Pariahuanca Valley (Junin), and Cordillera Vilcanota (Cusco), and in 
Bolivia's Cordillera Apolobamba and the Cordillera Real (including 
Ilampu Valley, Sanja Pampa, and Cordillera de La Paz), all in the 
Bolivian Department of La Paz (BLI 2007, pp. 1-2; BLI 2009i, pp. 1-2; 
del Hoyo et al. 2003, p. 253; Engblom et al. 2002, p. 57; Hirshfeld 
2007, p. 198; InfoNatura 2007, p. 1; Valqui 2000, p. 104).

Population Estimates

    Population information is presented first on the range-country 
level and then in terms of a global population estimate. The range 
country estimates begin with Peru, where the majority of the population 
resides.
    Local population estimate, Peru: In 1990, the global population was 
estimated to be 100-150 individuals (Fjeldsa and Krabbe 1990, p. 338). 
This number represents the estimated Peruvian population because the 
royal cinclodes was only thought to be extant in Peru at the time of 
this estimate (BLI 2009i, p. 2; Hirshfeld 2007, p. 198). Chutas (2007, 
p. 8) reported an estimated 189 birds located within four disjunct 
Polylepis forest patches in Peru, with a combined area of 1,554 ac (629 
ha). This estimate included 116 birds and 30 birds in Cordilleras 
Vilcanota and Vilcabamba, respectively (Cusco); 2 birds in Cordillera 
de Carabaya (Puno); and 41 birds in ``Cordillera del Apurimac'' 
(Runtacocha highlands in Apurimac) (Chutas 2007, pp. 4, 8). 
Subpopulations at four locations in the Cordillera Vilcanota contain as 
few as 1-4 individuals (BLI 2008, p. 2).
    In the Puno Region of Peru, it is unclear whether a viable 
population of royal cinclodes remains. The royal cinclodes was first 
observed in Puno in 1930 (Fjeldsa and Krabbe 1990, p. 338) and has 
continued to be reported there in general terms (BLI 2007, pp. 1-2; BLI 
2009i, pp. 1-2; Collar et al. 1992, p. 588; del Hoyo 2003, p. 253). 
However, based on habitat availability, InfoNatura (2007, p. 1) 
predicted that the royal cinclodes does not occur in Puno because the 
habitat no longer exists there. Indeed, only two royal cinclodes 
individuals have been reported in the Puno Region (Cordillera de 
Carabaya) in recent decades (Chutas 2007, pp. 4, 8). There are no other 
recent observations of the royal cinclodes in Puno (BLI 2009i, p. 2; 
del Hoyo 2003, p. 283; Engblom et al. 2002, p. 57). The species is 
believed to be extirpated from its type locality (Collar et al. 1992, 
p. 589; Engblom et al. 2002, p. 57).
    Local population estimate, Bolivia: The species' current range is 
more widespread in Bolivia than previously understood. The royal 
cinclodes had not been observed in Bolivia for more than one century, 
when it was rediscovered there in 1997 (BLI 2009i, p. 2; Hirshfeld 
2007, p. 198). Recent surveys in La Paz Department found at least 13 
localities (8 in Cordillera Apolobamba and 5 in Cordillera La Paz) (BLI 
2009i, p. 1).
    Although BirdLife International reports an estimated population 
size of 50-70 royal cinclodes in Bolivia (Gomez, in litt. 2003, 2008, 
as cited in BLI 2009i, p. 2), recent surveys indicate that the estimate 
may be smaller. As discussed above for the local population estimate of 
the ash-breasted tit-tyrant in Bolivia, Gomez (in litt. 2007, p. 1) 
conducted intensive studies in Bolivia. From this research, the 
presence of 1-8 royal cinclodes in each of 30 forest patches was 
inferred or observed. Thus, they estimated that the royal cinclodes 
population in Bolivia totals approximately 30 birds. Researchers add 
that, because the royal cinclodes does not always respond to tape-
playbacks, these numbers may underestimate the actual population size 
(Gomez in litt. 2007, p. 1).
    Global population estimate: In 1990, the global population of the 
royal cinclodes was estimated to be 100-150 individuals (Fjeldsa and 
Krabbe 1990, p. 338). Since at least 2000, BirdLife International has 
placed this species in the population category of between 50 and 249 
individuals (BLI 2000, p. 345). In 2002, Engblom et al. (2002, p. 57) 
estimated a total population size of up to 250 pairs of birds. This 
amount far exceeds any previous estimates and has not been confirmed by 
BirdLife International (BLI 2009i, p. 1). In 2003, the global 
population was once again reported to include only ``a few hundred 
individuals'' (del Hoyo et al. 2003, p. 253). Based on recent 
observations in both countries, there are approximately 189 birds in 
Peru and 50-70 in Bolivia, totaling 239-259 individuals. Recognizing 
that the royal cinclodes does not always respond to tape-playbacks, 
this could be an underestimate of the population size (Gomez in litt. 
2007, p. 1). While the species continues to be categorized by BirdLife 
International as having an estimated population between 50-249 
individuals (BLI 2007, p. 1; BLI 2009i, p. 1; Fjeldsa 2002b, p. 9; 
Hirshfeld 2007, p. 198), it is possible that the recent

[[Page 638]]

observations in Bolivia will lead to a revision of the species' 
population estimate (BLI 2009i, p. 1).
    It should be noted that the total population size, which includes 
immature individuals, is not an accurate reflection of the species' 
effective population size (the number of breeding individuals that 
contribute to the next generation) (Shaffer 1981, pp. 132-133; Soule 
1980, pp. 160-162). The IUCN estimated that the entire royal cinclodes 
population contains fewer than 250 mature individuals and no more than 
50 mature individuals in any subpopulation (BLI 2008, p. 1; IUCN 2001, 
pp. 8-12). However, population estimates are incomplete for several of 
the known localities, and the subpopulation structure and the extent of 
interbreeding amongst the various localities are unknown. The species' 
territory ranges from 7 to 10 ac (3 to 4 ha), and its habitat is 
fragmented, dispersed and sparse (del Hoyo et al. 2003, p. 253; Engblom 
et al. 2002, p. 57). However, there is no information to indicate the 
distance that this species is capable of or likely to travel between 
localities. Engblom et al. (2002, p. 57) noted that gene flow between 
localities likely occurs when the species descends the mountains to 
forage in the valleys during periods of snow cover at the higher 
altitudes such that interbreeding may occur at least among localities 
with shared valleys. This suggests that the species does not breed as a 
single population. However, there is insufficient information to 
determine the extent to which this species functions as genetically 
isolated subpopulations.
    The species has experienced a population decline of between 30 and 
49 percent in the past 10 years, and this rate of decline is predicted 
to continue (BLI 2009i, pp. 1, 5). The population is considered to be 
declining in close association with continued habitat loss and 
degradation (BLI 2009i, p. 6) (see Factors A and E).

Conservation Status

    The royal cinclodes is considered ``critically endangered'' by the 
Peruvian Government under Supreme Decree No. 034-2004-AG (2004, p. 
276854). The IUCN considers the royal cinclodes to be ``Critically 
Endangered'' due to its extremely small population, which consists of 
``tiny'' subpopulations that are severely fragmented and dependent upon 
a rapidly declining habitat (BLI 2007, p. 1; BLI 2009i, p. 1). The 
royal cinclodes occurs within the Peruvian protected area of Santuario 
Historico Machu Picchu, in Cusco (BLI 2009h, p. 1; BLI 2009i, p. 6; 
Chutas et al. 2008, p. 16). In La Paz Department, Bolivia, the species 
is found in Parque Nacional y area Natural de Manejo Integrado Madidi, 
Parque Nacional y area Natural de Manejo Integrado Cotapata, and the 
co-located protected areas of Reserva Nacional de Fauna de Apolobamba, 
area Natural de Manejo Integrado de Apolobamba, and Reserva de la 
Biosfera de Apolobamba (BLI 2009a, p. 1; BLI 2009b, p. 1; BLI 2009c, p. 
1; BLI 2009d, p. 1; BLI 2009i, p. 6; Chutas et al. 2008, p. 16).

Summary of Factors Affecting the Royal Cinclodes

A. The Present or Threatened Destruction, Modification, or Curtailment 
of the Species' Habitat or Range

    The royal cinclodes is restricted to high-elevation (11,483-12,092 
ft (3,500-4,600 m)), moist, moss-laden areas of semihumid Polylepis or 
Polylepis - Gynoxys woodlands (BLI 2000, p. 345; BLI 2009i, p. 2; 
Collar et al. 1992, p. 588; del Hoyo et al. 2003, p. 253). As described 
more fully for the ash-breasted tit-tyrant (Factor A), Polylepis 
habitat is characterized as a threatened woodland ecosystem on 
national, regional, and global levels (BLI 2009a, p. 2; Purcell et al. 
2004, p. 457; Renison et al. 2005, as cited in Lloyd 2009, p. 10), with 
several Polylepis species within the royal cinclodes' range considered 
to be ``Vulnerable,'' according to the IUCN (WCMC 1998a, p. 1; WCMC 
1998b, p. 1). Polylepis woodlands are dispersed and sparse, with an 
estimated remaining area of 386 mi\2\ (1,000 km\2\) in Peru and 1,931 
mi\2\ (5,000 km\2\) in Bolivia (Fjeldsa and Kessler 1996, as cited in 
Fjeldsa 2002a, p. 113). Within the remaining Polylepis woodlands, the 
royal cinclodes' range is approximately 1,042 mi\2\ (2,700 km\2\) (BLI 
2009i, p. 1). Less than 1 percent of the remaining woodlands occur in 
humid areas, where denser stands occur (Fjeldsa and Kessler 1996, as 
cited in Fjeldsa 2002a, p. 113). The optimal habitat for the royal 
cinclodes is dense woodlands, with a closed canopy that supports the 
best foraging habitat (shady, moss-laden vegetation) for this and other 
insectivorous birds (see Habitat and Life History) (De la Via 2004, p. 
10; del Hoyo et al. 2003, p. 253; Engblom et al. 2002, p. 57).
    Habitat loss, conversion, and degradation occur throughout the 
royal cinclodes' range and have been attributed to human activities (a 
full description of which is provided above as part of the Factor A 
analysis for the ash-breasted tit-tyrant). These activities include:
    (1) Clearcutting and uncontrolled burning for agriculture and 
pastureland for domesticated animals, all of which contributes to loss 
of understory moss cover, soil erosion, and degradation, which prevent 
woodland regeneration (BLI 2009a, p. 2; BLI 2009b, p. 2; BLI 2009c, p. 
2; BLI 2009d, p. 2; BLI 2009e, p. 3; BLI 2009f, p. 1; BLI 2009g, p. 1; 
BLI 2009h, p. 4; BLI 2009i, pp. 2, 6; Engblom et al. 2002, p. 56; 
Fjeldsa 2002a, pp. 112, 120; Fjeldsa 2002b, p. 8; Jameson and Ramsay 
2007, p. 42; Purcell et al. 2004, p. 458; WCMC 1998a, p. 1; WCMC 1998b, 
p. 1);
    (2) Extractive activities, such as wood and timber, for local and 
commercial-scale uses, including firewood and construction (Aucca and 
Ramsay 2005, p. 287; BLI 2009a, p. 2; BLI 2009b, p. 2; BLI 2009c, p. 2; 
BLI 2009d, p. 2; BLI 2009e, p. 3; BLI 2009g, p. 1; BLI 2009i, p. 2; 
Engblom 2000, p. 1; p. 2; Engblom et al. 2002, p. 56; Purcell et al. 
2004, p. 458; WCMC 1998a, p. 1);
    (3) Human encroachment, including tourism and industrialization 
projects, which puts greater demand on natural resources, spurs 
additional habitat destruction as arable land becomes scarce, and 
increases infrastructure development that further facilitates 
encroachment (BLI 2009b, p. 2; BLI 2009d, p. 2; Hensen 2002, p. 199; 
Purcell and Brelsford, 2004, pp. 156-157; Purcell et al. 2004, pp. 458-
459); and
     (4) Unpredictable climate fluctuations that exacerbate the effects 
of habitat fragmentation (Jetz et al. 2007, pp. 1211, 1213; Mora et al. 
2007, p. 1027).
    These habitat-altering activities are ongoing throughout the royal 
cinclodes' range, including the Apurimac (BLI 2009g, p. 1) and Cusco 
Regions (BLI 2009e, p. 1; BLI 2009f, p. 1; BLI 2009h, p. 1) in Peru and 
also in the Bolivian Department of La Paz (BLI 2009a, p. 1; BLI 2009b, 
p. 1; BLI 2009c, pp. 1; BLI 2009d, p. 1; Hensen 2002, p. 199; Purcell 
and Brelsford 2004, p. 157; Purcell et al. 2004, pp. 458-459). A 
combination of urbanization, road building, and industrialization 
projects (such as construction of hydroelectric power stations) in the 
Bolivian Department of La Paz have resulted in a nearly 40 percent loss 
of the forest cover between 1991 and 2003 alone; at this rate it is 
predicted that the remaining Polylepis forest in La Paz will be 
extirpated within the next 30 years (Purcell and Brelsford 2004, pp. 
156-157).
    Community-based Polylepis conservation programs have been under way 
in Peru and Bolivia since 2004 (Gomez in litt. 2003, 2008, as cited in 
BLI 2009i, p. 2; MacLennan 2009, p. 2),

[[Page 639]]

and have focused on known sites for the royal cinclodes (BLI 2009i, p. 
2), including Cordilleras Vilcanota and Vilcabamba, and highlands of 
the Apurimac Region (Aucca and Ramsey 2005, p. 287; ECOAN n.d., p. 1; 
Lloyd 2009, p. 10). These programs confront the main causes of 
Polylepis woodland loss--burning, grazing, and wood-cutting (Aucca and 
Ramsay 2005, pp. 187-288; BLI 2009i, p. 2; ECOAN n.d., p. 1; Engblom et 
al. 2002, p. 56; Gomez in litt. 2003, 2008, as cited in BLI 2009i, p. 
2; Lloyd 2009, p. 10; MacLennan 2009, p. 2) --and are more fully 
described above as part of the Factor A analysis for the ash-breasted 
tit-tyrant (Aucca and Ramsay 2005, p. 287; Engblom et al. 2002, p. 56; 
MacLennan 2009, p. 2). While the Polylepis conservation programs foster 
local, sustainable use of resources (Aucca and Ramsay 2005, p. 287; 
ECOAN n.d., p. 1; Engblom et al. 2002, p. 56), commercial-scale 
activities, such as clearcutting, logging, tourism, and infrastructure 
development, that are ongoing throughout this species' range, alter 
otherwise sustainable resource use practices (Aucca and Ramsay 2005, p. 
287; Engblom 2000, p. 2; Engblom et al. 2002, p. 56; MacLennan 2009, p. 
2; Purcell and Brelsford 2004, pp. 156-157; Purcell et al. 2004, pp. 
458-459; WCMC 1998a, p. 1). Tourism and human encroachment are 
particularly problematic for the royal cinclodes, which is described as 
a ``nervous'' species that is easily disturbed by humans (Engblom et 
al. 2002, p. 57).
    In the Cordillera de Vilcanota (Cusco, Peru), where a large portion 
of the known royal cinclodes population occurs (116 birds were observed 
there, out of 189 total birds observed in 4 study sites in Peru) 
(Chutas 2007, pp. 4, 8), Polylepis woodland habitat is highly 
fragmented and degraded. As described more fully for the ash-breasted 
tit-tyrant (Factor A), recent research indicated:
    (1) That four forest patches in the Cordillera de Vilcanota 
disappeared completely in the last half a century, that the size of 
remaining Polylepis remnants is small (with a mean patch size of 7.4 ac 
(3 ha)) (Jameson and Ramsay 2007, p. 42), and that many patches are 
less than 2.5 ac (1 ha) (Lloyd and Marsden in press, as cited in Lloyd 
2008, p. 532);
    (2) Ten percent of the remaining forest patches showed a decline in 
forest density (Jameson and Ramsay 2007, p. 42); and
     (3) There were no indications of forest regeneration within the 
study area.
    Thus, forest patches in Cordillera Vilcanota are at or below the 
minimum area required for the royal cinclodes to obtain food, given 
that the ground-feeding strategy used by the royal cinclodes generally 
requires a relatively large territory, from 7 to 10 ac (3 to 4 ha) (del 
Hoyo et al. 2003, p. 253; Engblom et al. 2002, p. 57). Because the 
moist, moss-covered woodlands that provide optimal foraging habitat for 
insectivorous birds (De la Via 2004, p. 10), and which this ground-
feeding species prefers (del Hoyo et al. 2003, p. 253; Engblom et al. 
2002, p. 57), require a closed canopy, degradation of the royal 
cinclodes habitat has serious consequences for this species. Reduction 
of forest density (or, decreased canopy cover) increases desiccation of 
the moist and mossy ground cover, which, in turn, reduces foraging 
microhabitats for the species (Engblom et al. 2002, p. 57).
    Lack of Polylepis forest regeneration during nearly 50 years 
underscores the ramifications of continued burning and clearing to 
maintain pastures and farmland, which are prevalent activities 
throughout the royal cinclodes' range (BLI 2009a, p. 2; BLI 2009b, p. 
2; BLI 2009c, p. 2; BLI 2009d, p. 2; BLI 2009e, p. 3; BLI 2009f, p. 1; 
BLI 2009g, p. 1; BLI 2009h, p. 4; BLI 2009i, p. 2; Engblom et al. 2002, 
p. 56; Fjeldsa 2002a, pp. 112, 120; Fjeldsa 2002b, p. 8; Purcell et al. 
2004, p. 458; WCMC 1998a, p. 1; WCMC 1998b, p. 1). These habitat-
altering activities are considered to be key factors preventing 
regeneration of Polylepis woodlands (Fjeldsa 2002a, p. 112, 120; 
Fjeldsa 2002b, p. 8) and are factors in the historical decline of 
Polylepis -dependent bird species, including the royal cinclodes (BLI 
2009i, p. 6; Fjeldsa and Kessler 1996, Kessler 1995a, b, and 
L[aelig]gaard 1992, as cited in Fjeldsa 2002a, p. 112; Fjeldsa 2002a, 
p. 116; Herzog et al. 2002, p. 94; Kessler 2002, pp. 97-101; Kessler 
and Herzog 1998, pp. 50-51).
    The royal cinclodes may once have been locally common and 
distributed across most of central to southern Peru and into the 
Bolivian highlands, in once contiguous expanses of Polylepis forests 
(BLI 2000, p. 345; BLI 2009i, p. 1; Fjeldsa 2002a, pp. 111-112, 115). 
The royal cinclodes' population size is considered to be declining in 
close association with continued habitat loss and degradation (BLI 
2007, p. 1; BLI 2008, p. 1; BLI 2009i, p. 6). The species may have been 
extirpated from its type locality (Aricoma Pass, Puno), where Polylepis 
forest no longer occurs, and a search for the species in 1987 resulted 
in no observations of the royal cinclodes (Collar et al. 1992, p. 589; 
Engblom 2002, p. 57). Based on habitat availability, the royal 
cinclodes is not predicted to occur in Puno because the habitat no 
longer exists there (InfoNatura 2007, p. 1), and only two birds have 
been observed there in recent years (Chutas 2007, pp. 4, 8). Therefore, 
further habitat loss will continue to impact the species' already small 
population size (see Factor E).
    Royal cinclodes are also impacted by unpredictable climate 
fluctuations, which are more fully described under the Factor A 
analysis of the ash-breasted tit-tyrant and are summarized here. Peru 
is subject to unpredictable climate fluctuations that exacerbate the 
effects of habitat fragmentation, such as those that are related to the 
El Ni[ntilde]o Southern Oscillation (ENSO). Changes in weather 
patterns, such as ENSO cycles (El Ni[ntilde]o and La Ni[ntilde]a 
events), tend to increase precipitation in normally dry areas, and 
decrease precipitation in normally wet areas (Holmgren et al. 2001, p. 
89; TAO Project n.d., p. 1), exacerbating the effects of habitat 
fragmentation on the decline of a species (England 2000, p. 86; 
Holmgren et al. 2001, p. 89; Jetz et al. 2007, pp. 1211, 1213; Mora et 
al. 2007, p. 1027; Parmesan and Mathews 2005, p. 334; Plumart 2007, pp. 
1-2; Timmermann 1999, p. 694), especially for narrow endemics (Jetz et 
al. 2007, p. 1213) such as the royal cinclodes (see also Factor E). 
ENSO cycles strongly influence the growth of Polylepis species 
(Christie et al. 2008, p. 1) by altering the Polylepis species' age 
structure and mortality, especially where woodlands have undergone 
disturbance, such as fire and grazing (Villalba and Veblen 1997, pp. 
121-123; Villalba and Veblen 1998, pp. 2624, 2637).
    ENSO cycles may have already accelerated the fire cycle (Block and 
Richter 2007, p. 1; Power et al. 2007, pp. 897-898), which is a key 
factor preventing Polylepis regeneration (Fjeldsa 2002a, p. 112, 120; 
Fjeldsa 2002b, p. 8) because Polylepis species recover poorly following 
a fire (Cierjacks et al. 2007, p. 176). ENSO cycles are ongoing, having 
occurred several times within the last decade (NWS 2009, p. 2), and 
evidence suggests that ENSO cycles have already increased in 
periodicity and severity (Richter 2005, pp. 24-25; Timmermann 1999, p. 
694), which will exacerbate the negative impacts of habitat destruction 
on a species. It is predicted that, by 2050, approximately 3 to 15 
percent of the royal cinclodes' current remaining range is likely to be 
unsuitable for this species due to climate change and, by 2100, it is 
predicted that about 8 to 18 percent of the species' range is likely to 
be lost as a direct result of global climate change (Jetz et al. 2007, 
Supplementary Table 2, p. 89).

[[Page 640]]

    Human activities that alter the species' habitat are also ongoing 
within protected areas, including Santuario Historico Machu Picchu (in 
Peru) (BLI 2009h, p. 4), and Parque Nacional y area Natural de Manejo 
Integrado Madidi, Parque Nacional y area Natural de Manejo Integrado 
Cotapata, and the co-located protected areas of Reserva Nacional de 
Fauna de Apolobamba, area Natural de Manejo Integrado de Apolobamba, 
and Reserva de la Biosfera de Apolobamba (in Bolivia) (BLI 2009a, p. 2; 
BLI 2009b, p. 2; BLI 2009c, p. 2; BLI 2009d, p. 5). Ongoing habitat 
destruction and alteration within protected areas, including clearing 
and human encroachment, is further discussed under Factor D.

Summary of Factor A

    Polylepis habitat throughout the royal cinclodes' range has been 
and continues to be altered and destroyed as a result of human 
activities, including clearcutting and burning for agriculture, grazing 
lands, and industrialization; extractive activities, including firewood 
and timber extraction; and human encroachment and concomitant increased 
pressure on natural resources. An estimated 1 percent of the once-
extensive dense Polylepis woodlands remains, and other remaining 
Polylepis woodlands are fragmented and degraded. The royal cinclodes 
occupies an area of approximately 1,042 mi\2\ (2,700 km\2\), and is 
particularly vulnerable to reduction in forest cover, because the moist 
habitats that serve as their feeding grounds quickly dry out as the 
forest canopy diminishes. Researchers estimate that the royal cinclodes 
territories are 7-10 ac (3-4 ha). In Cordillera Vilcanota (Cusco, 
Peru), where a large concentration of the royal cinclodes individuals 
were observed in 2007, the average size of forest fragments just meets 
the lower threshold of the species' ecological requirements.
    While the species' range is more widespread in Bolivia than 
previously understood, ongoing and accelerated habitat destruction of 
the remaining Polylepis forest fragments in Peru and Bolivia continues 
to reduce the quantity, quality, distribution, and regeneration of 
remaining patches. In the Administrative Region of Puno, Peru, habitat 
loss may have led to extirpation of the species from its type locality 
and the species may no longer be viable in that Region due to habitat 
loss. Current research indicates that climate fluctuations exacerbate 
the effects of habitat loss on species, especially for narrow endemics 
such as the royal cinclodes that are already undergoing range reduction 
due to human activities. Historical decline in habitat availability is 
attributed to the same human activities that are causing habitat loss 
today, and climate models predict that this species' habitat will 
continue to decline. In addition, the royal cinclodes is ``nervous'' 
around humans, such that human encroachment is a particular problem. 
Human activities that degrade, alter, and destroy habitat are ongoing 
throughout the species' range, including within protected areas (see 
also Factor D). Experts consider the species' population decline to be 
commensurate with the declining habitat (Factor E). Therefore, we find 
that destruction and modification of habitat are threats to the 
continued existence of the royal cinclodes throughout its range.

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

    We are not aware of any information currently available that 
indicates that overutilization of the royal cinclodes for commercial, 
recreational, scientific, or educational purposes has occurred or is 
occurring at this time. As a result, we are not considering 
overutilization to be a threat to the continued existence of the royal 
cinclodes.

C. Disease or Predation

    We are not aware of any scientific or commercial information that 
indicate disease or predation poses a threat to this species. As a 
result, we are not considering disease or predation to be a threat to 
the continued existence of the royal cinclodes.

D. Inadequacy of Existing Regulatory Mechanisms

    Existing regulatory mechanisms within Peru and Bolivia that have 
the potential to confer protection to the royal cinclodes or its 
habitat are analyzed on a country-by-country basis, beginning with 
Peru.
    Peru: The royal cinclodes is considered ``critically endangered'' 
by the Peruvian Government under Supreme Decree No. 034-2004-AG (2004, 
p. 276855). This Decree prohibits hunting, take, transport, and trade 
of protected species, except as permitted by regulation. As hunting, 
take, transport, and trade do not currently threaten the royal 
cinclodes, this regulation does not mitigate any current threats to 
this species.
    Peru has several categories of national habitat protection, which 
were described above as part of the Factor D analysis for the ash-
breasted tit-tyrant (BLI 2008, p. 1; IUCN 1994, p. 2; Rodriguez and 
Young 2000, p. 330). Protected areas have been established through 
regulation at one site occupied by the royal cinclodes in Peru: 
Santuario Historico Machu Picchu (Cusco, Peru) (BLI 2009h, p. 4). 
Within the sanctuary, resources are supposed to be managed for 
conservation (Rodriguez and Young 2000, p. 330). However, habitat 
destruction and alteration, including burning to maintain pastures for 
grazing, are ongoing within Santuario Historico Machu Picchu, 
preventing the regeneration of the woodlands (BLI 2009h, p. 4; Engblom 
et al. 2002, p. 58). Therefore, the occurrence of the royal cinclodes 
within protected areas in Peru does not protect the species, nor does 
it mitigate the threats to the species from ongoing habitat loss 
(Factor A) and concomitant population decline (Factor E).
    Bolivia: The 1975 Law on Wildlife, National Parks, Hunting, and 
Fishing (Decree Law No. 12,301 1975, pp. 1-34; eLAW 2003, p. 2), was 
described above as part of the Factor D analysis for the ash-breasted 
tit-tyrant. This law designates national protection for all wildlife. 
However, there is no information as to the actual protections this 
confers to the species itself or its habitat, and ongoing habitat 
destruction throughout the species' range indicates that this law does 
not protect the species nor does it mitigate the threat to the species 
from ongoing habitat loss (Factor A) and concomitant population decline 
within Bolivia (Factor E).
    Environmental Law No. 1333 (eLAW 2003, p. 1; Law No. 1,333 1992, 
pp. 1-26), was signed in 1992 to protect and conserve the environment. 
However, we are not aware that any specific legislation needed to 
implement these laws has been passed (eLAW 2003, p. 1). Therefore, this 
law does not protect the species, nor does it mitigate the threats to 
the species from ongoing habitat loss (Factor A) and concomitant 
population decline (Factor E).
    Various levels of habitat protection in Bolivia were described 
above as part of the Factor D analysis for the ash-breasted tit-tyrant 
(eLAW 2003, p. 3; Supreme Decree No. 24,781 1997, p. 3). The royal 
cinclodes occurs within several protected areas in the Department of La 
Paz, Bolivia: Parque Nacional y area Natural de Manejo Integrado 
Madidi, Parque Nacional y area Natural de Manejo Integrado Cotapata, 
and the co-located protected areas of Reserva Nacional de Fauna de 
Apolobamba, area Natural de Manejo Integrado de Apolobamba, and Reserva 
de la Biosfera de Apolobamba (Auza and Hennessey 2005, p. 81; BLI 
2009a, p. 1; BLI 2009b, p. 1; BLI 2009c, p. 1; BLI 2009d, p. 1). Within 
Parque

[[Page 641]]

Nacional y area Natural de Manejo Integrado Madidi, habitat destruction 
is caused by timber harvest used for construction, wood collection for 
firewood, and burning that often goes out of control to maintain 
pastures (BLI 2009a, p. 2; WCMC 1998a, p. 1). In addition, one of the 
most transited highways in the country is located a short distance from 
the Parque Nacional y area Natural de Manejo Integrado Cotapata; 
firewood collection and grazing also occur within the protected area 
(BLI 2009b, p. 2; BLI 2009c, p. 2). Within the Apolobamba protected 
areas, uncontrolled clearing, extensive agriculture, grazing, and 
tourism are ongoing (Auza and Hennessey 2005, p. 81; BLI 2009d, p. 5). 
Therefore, the occurrence of the royal cinclodes within protected areas 
in Bolivia does not protect the species, nor does it mitigate the 
threats to the species from ongoing habitat loss (Factor A) and 
concomitant population decline (Factor E).

Summary of Factor D

    Peru and Bolivia have enacted various laws and regulatory 
mechanisms to protect and manage wildlife and their habitats. The royal 
cinclodes is ``critically endangered'' under Peruvian law and occurs 
within several protected areas in Peru and Bolivia. As discussed under 
Factor A, the royal cinclodes requires dense woodlands, which has been 
reduced by an estimated 99 percent in Peru and Bolivia. The remaining 
habitat for the royal cinclodes is fragmented and degraded. Habitat 
throughout the species' range has been and continues to be altered as a 
result of human activities, including clearcutting and burning for 
agriculture, grazing lands, and industrialization; extractive 
activities, including, firewood, timber, and mineral extraction; and 
human encroachment and concomitant increased pressure on natural 
resources. These activities are ongoing within protected areas and 
despite the species' critically endangered status in Peru, indicating 
that the laws governing wildlife and habitat protection in both 
countries are either inadequate or inadequately enforced to protect the 
species or to mitigate ongoing habitat loss (Factor A) and population 
declines (Factor E). Therefore, we find that the existing regulatory 
mechanisms are inadequate to mitigate the current threats to the 
continued existence of the royal cinclodes throughout its range.

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

    An additional factor that affects the continued existence of the 
royal cinclodes is the species' small population size. Based on recent 
observations in Peru and Bolivia, the total population is between 239 
and 259 individuals (Chutas 2007, pp. 4, 8; Gomez in litt. 2007, p. 1) 
(see Population Estimates), and BirdLife International characterizes 
the species as having an ``extremely small population'' size (BLI 2000, 
p. 345; BLI 2009i, p. 1). Although there is insufficient information to 
fully understand gene flow within this species (see Population 
Estimates), Engblom et al. (2002, p. 57) noted that the royal cinclodes 
may descend the mountains to forage in the valleys during periods of 
snow cover at the higher altitudes. Thus, interbreeding may occur at 
least among localities with shared valleys, but there is insufficient 
information to determine that the species breeds as a single 
population. Moreover, the total population size, which includes 
immature individuals, is not an accurate reflection of the species' 
effective population size (the number of breeding individuals that 
contribute to the next generation) (Shaffer 1981, pp. 132-133; Soule 
1980, pp. 160-162). Therefore, 239-259 is an overestimate of the 
species' effective population size.
    Small population size renders species vulnerable to genetic risks 
that can have individual or population-level genetic consequences, such 
as inbreeding depression, loss of genetic variation, and accumulation 
of new mutations. These genetic problems may affect the species' 
viability by increasing its susceptibility to demographic shifts or 
environmental fluctuations, as described above in the Factor E analysis 
for the ash-breasted tit-tyrant (Charlesworth and Charlesworth 1987, p. 
238; Pimm et al. 1988, pp. 757, 773-775; Shaffer 1981, p. 131).
    Small population size leads to a higher risk of extinction and, 
once a population is reduced below a certain number of individuals, it 
tends to rapidly decline towards extinction (Frankham 1996, p. 1507; 
Franklin 1980, pp. 147-148; Gilpin and Soule 1986, p. 25; Holsinger 
2000, pp. 64-65; Purvis et al. 2000, p. 1949; Reed and Frankham 2003, 
pp. 233-234; Soule 1987, p. 181). If further research indicates that 
interbreeding does not between subpopulations, this would heighten the 
risks to the species associated with short-term genetic viability.
    Complications arising from the species' small population size are 
exacerbated by the species' fragmented distribution. The royal 
cinclodes is currently restricted to high-elevation, moist, moss-laden 
patches of semihumid woodlands in Peru and Bolivia (BLI 2009i, p. 6) 
(Factor A). Fjeldsa and Kessler (1996, as cited in Fjeldsa 2002a, p. 
113). Remaining Polylepis woodlands are highly fragmented and degraded, 
and it is estimated that only 1 percent of the dense woodlands 
preferred by the species remain (del Hoyo et al. 2003, p. 253; Engblom 
et al. 2002, p. 57) (see Habitat and Life History and Historical 
Distribution). Therefore, the species' current range is restricted and 
severely fragmented (BLI 2000, p. 345; BLI 2009i, pp. 1-2; Collar et 
al. 1992, p. 588; del Hoyo et al. 2003, p. 253). Habitat fragmentation 
can cause genetic isolation and heighten the risks to the species 
associated with short-term genetic viability. The royal cinclodes has 
undergone a population decline between 30 and 49 percent in the past 10 
years, in close association with the continued loss and degradation of 
the Polylepis forest (BLI 2009i, p. 6) (Factor A). The species' small 
population size, combined with its restricted and severely fragmented 
range, increases the species' vulnerability to adverse natural events 
and manmade activities that destroy individuals and their habitat 
(Holsinger 2000, pp. 64-65; Primack 1998, pp. 279-308; Young and Clarke 
2000, pp. 361-366).

Summary of Factor E

    The royal cinclodes has a small population size that renders it 
vulnerable to genetic risks that negatively impact the species' long-
term viability, and possibly its short-term viability. The species has 
a restricted range and occurs in highly fragmented habitat that 
continues to undergo degradation and curtailment due to human 
activities (Factor A). The restricted and fragmented range, as well as 
the small population size, increases the species' vulnerability to 
extinction through demographic or environmental fluctuations. Based on 
its small population size and fragmented distribution, we have 
determined that the royal cinclodes is particularly vulnerable to the 
threat of adverse natural events (e.g., genetic, demographic, or 
environmental) and human activities (e.g., deforestation, habitat 
alteration, and infrastructure development) that destroy individuals 
and their habitat. The genetic and

[[Page 642]]

demographic risks associated with small population sizes are 
exacerbated by ongoing human activities that continue to curtail the 
species' habitat throughout its range. The species' population has 
declined and is predicted to continue declining commensurate with 
ongoing habitat loss (Factor A). Therefore, we find that the species' 
small population size, in concert with its fragmented distribution and 
its heightened vulnerability to adverse natural events and manmade 
activities, are threats to the continued existence of the royal 
cinclodes throughout its range.

Status Determination for the Royal Cinclodes

    The royal cinclodes, a large-billed ovenbird, is native to the 
high-altitude, semihumid Polylepis or Polylepis - Gynoxys woodlands of 
the Bolivian and Peruvian Andes, where it occupies a narrow range of 
distribution at elevations between 11,483 and 12,092 ft (3,500 and 
4,600 m). Preferring dense woodlands with more closed canopies, the 
royal cinclodes is a ground-feeding insectivore that probes the mossy 
forest undergrowth for food. The species has a highly restricted and 
severely fragmented range (approximately 1,042 mi\2\ (2,700 km\2\)), 
and is found only in the Peruvian Administrative Regions of Apurimac, 
Cusco, Junin, and Puno, and in the Bolivian Department of La Paz. The 
known population of the royal cinclodes is estimated to be 239-259 
individuals.
    We have carefully assessed the best available scientific and 
commercial information regarding the past, present, and potential 
future threats faced by the royal cinclodes and have concluded that 
there are three primary factors impacting the continued existence of 
the royal cinclodes: (1) Habitat destruction, fragmentation, and 
degradation; (2) limited size and isolation of remaining populations; 
and (3) inadequate regulatory mechanisms.
    Human activities that degrade, alter, and destroy habitat are 
ongoing throughout the royal cinclodes' range. Widespread deforestation 
and the conversion of forests for grazing, agriculture, and human 
settlement have led to the fragmentation of habitat throughout the 
range of the royal cinclodes (Factor A). Researchers estimate that only 
1 percent of the dense Polylepis woodlands preferred by the species 
remain extant. Limited by the availability of suitable habitat, the 
species occurs today only in some of these fragmented and disjunct 
locations. Royal cinclodes habitat is particularly vulnerable to the 
drying effects accompanied by diminished forest cover.
    Royal cinclodes habitat continues to be altered by human 
activities, which result in the continued degradation, conversion, and 
destruction of habitat and reduction of the quantity, quality, 
distribution, and regeneration of remaining patches. Habitat loss was a 
factor in this species' historical decline, resulting in extirpation of 
the species from its type locality and, possibly, the loss of a viable 
population in the entire Region of Puno, Peru (see Historical Range and 
Distribution). Thespecies' population is considered to be declining in 
association with the reduction in habitat (Factors A and E).
    The royal cinclodes population is small, rendering the species 
particularly vulnerable to the threat of adverse natural events (e.g., 
genetic, demographic, or environmental) and human activities (e.g., 
deforestation and habitat alteration) that destroy individuals and 
their habitat. Human activities that continue to curtail the species' 
habitat throughout its range exacerbate the genetic and demographic 
risks associated with small population sizes (Factor E). The population 
has declined 30-49 percent in the past 10 years (see Population 
Estimates), and is predicted to continue declining commensurate with 
ongoing habitat loss (Factor A). Current research indicates that narrow 
endemics, such as the royal cinclodes, are especially susceptible to 
climate fluctuations because of the synergistic effect these 
fluctuations have on declining populations that are also experiencing 
range reductions due to human activities (Factor A).
    Despite the species' ``critically endangered'' status in Peru and 
its occurrence within several protected areas in Peru and Bolivia 
(Factor D), the species' habitat continues to be destroyed and degraded 
as a result of human activities (Factor A), which corresponds with 
population declines (Factor E). Therefore, regulatory mechanisms are 
either inadequate or ineffective at mitigating the existing threats to 
the royal cinclodes and its habitat (Factor D).
    Section 3 of the Act defines an ``endangered species'' as ``any 
species which is in danger of extinction throughout all or a 
significant portion of its range'' and a ``threatened species'' as 
``any species which is likely to become an endangered species within 
the foreseeable future throughout all or a significant portion of its 
range.'' Based on the immediate and ongoing threats to the royal 
cinclodes throughout its entire range, as described above, we determine 
that the royal cinclodes is in danger of extinction throughout all of 
its range. Therefore, on the basis of the best available scientific and 
commercial information, we are proposing to list the royal cinclodes as 
an endangered species throughout all of its range.

VI. White-browed tit-spinetail (Leptasthenura xenothorax)

Species Description

    The white-browed tit-spinetail, or ``tijeral cejiblanco,'' is a 
small dark ovenbird in the Furnaridaii family that is native to high-
altitude woodlands of the Peruvian Andes (BLI 2000, p. 347; Chapman 
1921, pp. 8-9; del Hoyo et al. 2003, pp. 266-267; Fjeldsa and Krabbe 
1990, p. 348; Parker and O'Neill 1980, p. 169). The sexes are similar, 
with individuals approximately 7 in (18 cm) in length. The species is 
characterized by its bright rufous crown and prominent white 
supercilium (eyebrow) (del Hoyo et al. 2003, p. 267; Lloyd 2009, p. 2), 
which gives the species its name. The species is highly vocal, ``often 
singing while acrobatically foraging from the outermost branches of 
Polylepis trees'' (Lloyd 2009, p. 2).

Taxonomy

    The white-browed tit-spinetail was first described by Chapman in 
1921 (del Hoyo et al. 2003, p. 267). The species has been synonymized 
with the nominate subspecies of the rusty-crowned tit-spinetail 
(Leptasthenura pileata pileata) by Vaurie (1980, p. 66), but 
examination of additional specimens in combination with field 
observations strongly suggests that L. xenothorax is a valid species 
(Collar et al. 1992, p. 596; Fjeldsa and Krabbe 1990, p. 348; Parker 
and O'Neill 1980, p. 169). Therefore, we accept the species as 
Leptasthenura xenothorax, which also follows the Integrated Taxonomic 
Information System (ITIS 2009, p. 1).

Habitat and Life History

    The white-browed tit-spinetail is restricted to high-elevation, 
semihumid Polylepis and Polylepis-Gynoxys woodlands, where the species 
is found between 12,139 and 14,928 ft (3,700 and 4,550 m) above sea 
level (BLI 2000, p. 347; Collar et al. 1992, p. 595; del Hoyo et al. 
2003, p. 267; Fjeldsa and Krabbe 1990, p. 348; Lloyd 2009, pp. 5-6). 
The characteristics of Polylepis habitat were described above as part 
of the Habitat and Life History of the ash-breasted tit-tyrant (Aucca 
and Ramsay 2005, p. 1; Chutas et al. 2008, p. 3; De la Via 2004, p. 10; 
IPNI 2009, p. 1; Kessler 1998, p. 1; Purcell et al. 2004, p. 455). The 
white-browed tit-spinetail prefers areas of primary forest that have a 
high density of tall, large trees and dense Polylepis

[[Page 643]]

stands and vegetation cover (Lloyd 2008a, as cited in Lloyd 2009, p. 
6).
    Dense stands of Polylepis woodlands are characterized by moss-laden 
vegetation and a shaded understory, and provide for a rich diversity of 
insects, making these areas good feeding grounds for insectivorous 
birds (De la Via 2004, p. 10), such as the white-browed tit-spinetail 
(BLI 2009d, p. 2). According to Engblom et al. (2002, pp. 57-58), the 
species has been recorded in patches of woodland as small as 0.6 ac 
(0.25 ha) in Cordillera Vilcabamba. Based on these observations, 
Engblom et al. (2002, p. 58) suggest that the species is able to 
persist in very small forest fragments, especially if a number of these 
patches are in close proximity. The lower elevation of this species' 
range changes to a mixed Polylepis-Escallonia (no common name) 
woodland, and the white-browed tit-spinetail has been observed there on 
occasion, such as during a snowstorm (Collar et al. 1992, p. 595; del 
Hoyo et al. 2003, p. 267; Fjeldsa and Krabbe 1990, p. 348).
    There is limited information the ecology and breeding behavior of 
the white-browed tit-spinetail. Lloyd (2006, as cited in Lloyd 2009, p. 
8) reports that the species breeds in October in Cordillera Vilcanota 
in southern Peru. In the same area, one adult was seen attending a 
nesting hole in a Polylepis tree in November 1997 (del Hoyo et al. 
2003, p. 267; C. Bushell in litt. (1999), as cited in BLI 2009d, p. 2). 
Only one nest of the white-browed tit-spinetail has ever been 
described. According to Lloyd (2006, as cited in Lloyd 2009, p. 8), the 
nest was located within a natural cavity of a Polylepis racemosa tree's 
main trunk, approximately 7 ft (2 m) above the ground. To construct 
their nest, the white-browed tit-spinetail pair uses moss, lichen, and 
bark fibers they stripped from Polylepis tree trunks, large branches 
and large boulders while foraging. The nest was cup-shaped and 
contained two pale-colored eggs (Lloyd 2006, as cited in Lloyd 2009, p. 
8).
    The white-browed tit-spinetail is insectivorous, with a diet 
consisting primarily of arthropods (del Hoyo et al. 2003, p. 267; Lloyd 
2009, p. 7). The species forages in pairs or small family groups of 
three to five, and often in mixed-species flocks, gleaning insects from 
bark crevices, moss, and lichens on twigs, branches, and trunks (BLI 
2009d, pp. 2-3; Engblom et al. 2002, pp. 57-58; Parker and O'Neill 
1980, p. 169). The white-browed tit-spinetail is highly arboreal, 
typically foraging acrobatically from the outer branches of Polylepis 
trees while hanging upside-down (del Hoyo et al. 2003, p. 267; Lloyd 
2008b, as cited in Lloyd 2009, p. 7).

Historical Range and Distribution

    In our 2008 Annual Notice of Findings on Resubmitted Petitions for 
Foreign Species (73 FR 44062; July 29, 2008), we stated that 
historically, the white-browed tit-spinetail may have occupied the 
Polylepis forests of the high-Andes of Peru and Bolivia. We included 
both countries in the historical range of the species because the 
species' primary habitat, the Polylepis forest, was historically large 
and contiguous throughout the high-Andes of both Peru and Bolivia 
(Fjeldsa 2002a, p. 115). However, based on further research, we have 
determined that historically, the species was only known from two 
Regions in south-central Peru, Cusco and Apurimac (Collar et al. 1992, 
p. 594; del Hoyo et al. 2003, p. 267), and not in Bolivia.
    The white-browed tit-spinetail may once have been distributed 
throughout south-central Peru, in previously contiguous Polylepis 
forests above 9,843 ft (3,000 m) (BLI 2000, p. 347; BLI 2009d, pp. 1-2; 
Fjeldsa 2002a, pp. 111-112, 115; Herzog et al. 2002, p. 94; Kessler 
2002, pp. 97-101). However, Polylepis woodlands are now restricted to 
elevations of 11,483 to 16,404 ft (3,500 to 5,000 m) (Fjeldsa 1992, p. 
10). As discussed above for the Historical Range and Distribution of 
the ash-breasted tit-tyrant, researchers consider human activity to be 
the primary cause for historical habitat decline and resultant decrease 
in species richness (Fjeldsa and Kessler 1996, Kessler 1995a, b, and 
L[aelig]gaard 1992, as cited in Fjeldsa 2002a, p. 112; Fjeldsa 2002a, 
p. 116; Herzog et al. 2002, p. 94; Kessler 2002, pp. 97-101; Kessler 
and Herzog 1998, pp. 50-51). It is estimated that only 2-3 percent of 
the original forest cover still remains in Peru (Fjeldsa 2002a, pp. 
111, 113). Less than 1 percent of the remaining woodlands occur in 
humid areas, where denser stands are found (Fjeldsa and Kessler 1996, 
as cited in Fjeldsa 2002a, p. 113), and which are preferred by the 
white-browed tit-spinetail (BLI 2009d, p. 2; Lloyd 2008a, as cited in 
Lloyd 2009, p. 6).

Current Range and Distribution

    Today, the white-browed tit-spinetail is restricted to high-
elevation, semihumid patches of Polylepis and Polylepis-Gynoxys 
woodlands in the Andes mountains of south-central Peru, where the 
species occurs between 12,139-14,928 ft (3,700-4,550 m) (BLI 2000, p. 
347; Collar et al. 1992, p. 595; del Hoyo et al. 2003, p. 267; Fjeldsa 
and Krabbe 1990, p. 348; InfoNatura 2007, p. 1; Lloyd 2009, pp. 1, 5-
6). The species has a highly restricted and severely fragmented range, 
and is currently known from only a small number of sites: The 
Runtacocha highlands (in Apurimac Region) and the Nevado Sacsarayoc 
massif, Cordillera Vilcabamba (Chapman 1921, p. 8), and Cordillera 
Vilcanota (in the Cusco Region) (BLI 2000, p. 347; BLI 2009d, p. 2; 
Lloyd 2009, p. 5). The estimated range of the species is approximately 
965 mi\2\ (2,500 km\2\) (BLI 2000, p. 347; BLI 2009d, pp. 1, 5).

Population Estimates

    Population information is presented first on the local level and 
then in terms of a global population estimate.
    Local population estimates: Between 1987 and 1989, populations of 
35-70 individuals were estimated to occur at 3 sites in Cusco; since 
then, declines in the populations at some of these sites have been 
observed (Fjeldsa and Kessler 1996, as cited in BLI 2000, p. 347). At 
Abra Malaga (Cusco Region), it is estimated that there are 
approximately 30-50 birds (del Hoyo et al. 2003, p. 267; Engblom et al. 
2002, p. 58). In the Runtacocha highlands (Apurimac Region), the 
population density of the white-browed tit-spinetail is very low 
(Fjeldsa and Kessler 1996, as cited in BLI 2000, p. 347). Chutas (2007, 
p. 8) reported an estimated 305 birds located within 3 disjunct 
Polylepis forest patches in Peru. This included 205 birds and 36 birds 
in Cordilleras Vilcanota and Vilcabamba, respectively (Cusco), and 64 
birds in ``Cordillera del Apurimac'' (Runtacocha highlands of Apurimac) 
(Chutas 2007, p. 8).
    Density estimates derived from surveys conducted at 3 sites in 
Cordillera Vilcanota range from 25.3 ( 15.1) individuals 
per km\2\, to 9.6 ( 21.7) individuals per km\2\, and the 
species may occur at even higher densities in other areas of Polylepis 
forests (Lloyd 2008c, as cited in Lloyd 2009, p. 9). According to Lloyd 
(2008c, as cited in Lloyd 2009, p. 9), this quantitative data from 
Cordillera Vilcanota shows that the white-browed tit-spinetail is ``one 
of the most abundant Polylepis specialists in southern Peru.''
    Global population estimate: BirdLife International categorizes the 
white-browed tit-spinetail as having a population size between 500 and 
1,500 individuals (BLI 2009d, pp. 1, 5). The category was determined 
from the population estimates reported by Engblom et al. 2002 (p. 58), 
who estimated ``the known population to be around 500 individuals with 
a possible total population of 1,500 individuals.''

[[Page 644]]

In 2002, Fjeldsa (2002b, p. 9) estimated a total population size of 
between 250 and 1,000 pairs of birds, which coincides with the BirdLife 
International category of 500-1,500 individuals.
    The species has experienced a population decline of between 10 and 
19 percent in the past 10 years, and this rate of decline is predicted 
to continue (BLI 2009d, p. 5). The population is considered to be 
declining in close association with continued habitat loss and 
degradation (see Factors A and E) (BLI 2009d, p. 6).

Conservation Status

    The white-browed tit-spinetail is considered ``endangered'' by the 
Peruvian Government under Supreme Decree No. 034-2004-AG (2004, p. 
276854). The IUCN considers the white-browed tit-spinetail to be 
``Endangered'' due to its very small and severely fragmented range and 
population, which continue to decline with ongoing habitat loss and a 
lack of habitat regeneration (BLI 2009d, p. 1). The white-browed tit-
spinetail occurs within the Peruvian protected area of Santuario 
Historico Machu Picchu in Cusco (BLI 2009c, pp. 1, 3; BLI 2009d, p. 6; 
del Hoyo et al. 2003, p. 267).

Summary of Factors Affecting the White-browed Tit-Spinetail

A. The Present or Threatened Destruction, Modification, or Curtailment 
of the Species' Habitat or Range

    The white-browed tit-spinetail is restricted to high-elevation, 
semihumid Polylepis and Polylepis-Gynoxys woodlands, where it is found 
between 12,139 and 14,928 ft (3,700 and 4,550 m) above sea level (BLI 
2000, p. 347; Collar et al. 1992, p. 595; del Hoyo et al. 2003, p. 267; 
Fjeldsa and Krabbe 1990, p. 348; Lloyd 2009, pp. 1, 5-6). High-Andean 
Polylepis habitat is characterized as a threatened woodland ecosystem 
on national, regional, and global levels (Purcell et al. 2004, p. 457; 
Renison et al. 2005, as cited in Lloyd 2009, p. 10), with several 
Polylepis species within the white-browed tit-spinetail's range 
considered to be ``Vulnerable,'' according to the IUCN (WCMC 1998a, p. 
1; WCMC 1998b, p. 1). As described more fully for the ash-breasted tit-
tyrant (Factor A), Polylepis woodlands have been much reduced from 
historical estimates, with an estimated remaining area of 386 mi\2\ 
(1,000 km\2\) in Peru (Fjeldsa and Kessler 1996, as cited in Fjeldsa 
2002a, p. 113). The majority of these remaining forests are much 
dispersed, and less than 1 percent is located in the humid parts of the 
highlands, where denser stands occur (Fjeldsa and Kessler 1996, as 
cited in Fjeldsa 2002a, p. 113). The white-browed tit-spinetail prefers 
areas of dense Polylepis primary forest with understory vegetation that 
provides optimal foraging habitat (BLI 2009d, p. 2; De la Via 2004, p. 
10; Lloyd 2008a, as cited in Lloyd 2009, p. 6) (see Habitat and Life 
History).
    In the Cordillera de Vilcanota (Cusco, Peru), where a large portion 
of the known white-browed tit-spinetail population occurs (205 birds 
were observed there, out of 305 total birds observed in 3 study sites 
in Peru) (Chutas 2007, p. 8), Polylepis woodland habitat is highly 
fragmented and degraded. As described more fully for the ash-breasted 
tit-tyrant (Factor A), recent research indicated that:
    (1) Four forest patches in the Cordillera de Vilcanota disappeared 
completely in the last half a century, and the remaining Polylepis 
remnants are small (with a mean patch size of 7.4 ac (3 ha) (Jameson 
and Ramsay 2007, p. 42) and commonly separated from the larger patches 
by distances of 98-4,921 ft (30-1,500 m) (Lloyd and Marsden in press, 
as cited in Lloyd 2008, p. 532);
    (2) Ten percent of the remaining forest patches showed a decline in 
forest density (Jameson and Ramsay 2007, p. 42); and
     (3) There were no indications of forest regeneration within the 
study area.
    These findings have consequences for the white-browed tit-spinetail 
given the species' ecological requirements. As Polylepis woodlands 
decline in number, the distances between patches increase. According to 
Engblom et al. (2002, pp. 57-58), the species has been recorded in 
patches of woodland as small as 0.6 ac (0.25 ha) in Cordillera 
Vilcabamba, but the species' persistence in small patches appears to be 
dependent on the patches being in close proximity to each other. 
Habitat degradation impacts the white-browed tit-spinetail, given its 
preference for dense Polylepis woodlands, where optimal foraging 
habitat is found (BLI 2009d, p. 2; De la Via 2004, p. 10; Lloyd 2008a, 
as cited in Lloyd 2009, p. 6). The lack of Polylepis forest 
regeneration in the area over nearly 50 years underscores the 
ramifications of continued burning and clearing to maintain pastures 
and farmland that are prevalent throughout the white-browed tit-
spinetail's range (BLI 2009a, p. 1; Engblom et al. 2002, p. 56; Fjeldsa 
2002a, pp. 112, 120; Fjeldsa 2002b, p. 8; Purcell et al. 2004, p. 458; 
WCMC 1998a, p. 1; WCMC 1998b, p. 1).
    Habitat loss, conversion, and degradation throughout the white-
browed tit-spinetail's range are attributed to human activities (a full 
description of which is provided above as part of the Factor A analysis 
for the ash-breasted tit-tyrant). Ongoing activities include:
    (1) Clearcutting and uncontrolled burning for agriculture and 
pastureland for domesticated animals, all of which contributes to soil 
erosion, and habitat degradation, which prevent forest regeneration and 
restrict Polylepis woodlands to localized and highly fragmented 
landscapes (BLI 2009a, p. 2; BLI 2009b, p. 1; BLI 2009c, p. 3; BLI 
2009d, p. 3; Engblom et al. 2002, p. 56; Fjeldsa 2002a, pp. 112, 120; 
Fjeldsa 2002b, p. 8; Jameson and Ramsay 2007, p. 42; Purcell et al. 
2004, p. 458; Renison et al. 2006, as cited in Lloyd 2009, p. 11; WCMC 
1998a, p. 1; WCMC 1998b, p. 1);
    (2) Extractive activities, such as harvest for timber, firewood, 
and charcoal, for use on local- and commercial-scales as fuel, 
construction, fencing and tool-making (Aucca and Ramsay 2005, p. 287; 
BLI 2009a, p. 2; BLI 2009b, p. 1; BLI 2009d, p. 3; Engblom 2000, pp. 1-
2; Engblom et al. 2002, p. 56; Fjeldsa and Kessler 1996, as cited in 
BLI 2009d, p. 3; Purcell et al. 2004, pp. 458-459; WCMC 1998a, p. 1); 
and
     (3) Unpredictable climate fluctuations that exacerbate the effects 
of habitat fragmentation (Jetz et al. 2007, pp. 1211, 1213; Mora et al. 
2007, p. 1027). These habitat-altering activities are ongoing 
throughout the range of the white-browed tit-spinetail, including in 
Apurimac (BLI 2009b, p. 1) and Cusco (BLI 2009a, pp. 1-2; BLI 2009c, 
pp. 1-3) of south-central Peru and within the one protected area in 
which the species occurs, Santuario Historico Machu Picchu (BLI 2009c, 
p. 3).
    Polylepis conservation programs have been under way in Peru since 
2004, including in Cordilleras Vilcanota and Vilcabamba and highlands 
of the Apurimac Region, where white-browed tit-spinetail also occurs 
(Aucca and Ramsey 2005, p. 287; Chutas 2007, p. 8; ECOAN n.d., p. 1; 
Lloyd 2009, p. 10). These community-based programs, which are more 
fully described above as part of the Factor A analysis for the ash-
breasted tit-tyrant, confront the primary causes of Polylepis 
deforestation: Burning, grazing, and wood-cutting. One such program, 
called the ``Vilcanota Project,'' is under way at three locations in 
the Cordillera de Vilcanota (Abra Malaga, Hulloc, and Cancha-Cancha) 
(Aucca and Ramsay 2005, p. 287; ECOAN n.d., p. 1; Lloyd 2009, p. 10). 
Since local populations rely on Polylepis wood for firewood and

[[Page 645]]

charcoal production (Aucca and Ramsay 2005, p. 287; Engblom et al. 
2002, p. 56), the Vilcanota Project works to deliver non- Polylepis 
firewood to families for cooking, as well as supply them with fuel-
efficient cooking stoves (ECOAN n.d., p. 1). A short-term aim of these 
projects is to restore balance to local sustainable resource use (Aucca 
and Ramsay 2005, p. 288; ECOAN n.d., p. 1). However, at Abra Malaga 
(one of the Vilcanota Project's sites), Polylepis woodlands continue to 
be impacted by extraction for firewood and burning for agriculture and 
pastureland (BLI 2009a, pp. 1-2). In addition, commercial-scale 
activities, such as logging and fuel wood collection, which are ongoing 
throughout this species' range, alter otherwise sustainable resource 
use practices (Aucca and Ramsay 2005, p. 287; Engblom 2000, p. 2; 
Engblom et al. 2002, p. 56; MacLennan 2009, p. 2; Purcell et al. 2004, 
pp. 458-459; WCMC 1998a, p. 1).
    Habitat destruction caused by burning and grazing, which have 
prevented regeneration of habitat, is a factor in the historical 
decline of Polylepis -dependent bird species (Fjeldsa 2002a, p. 116). 
The white-browed tit-spinetail's population size is considered to be 
declining in close association with the continued habitat loss and 
degradation of Polylepis woodlands (BLI 2009d, p. 6). The species may 
once have been distributed throughout south-central Peru, in once 
contiguous Polylepis forests (BLI 2000, p. 347; BLI 2009d, pp. 1-2; 
Fjeldsa 2002a, pp. 111-112, 115; Herzog et al. 2002, p. 94; Kessler 
2002, pp. 97-101). Today, the species has a highly restricted and 
severely fragmented range, and is currently known from only a small 
number of sites in the Regions of Apurimac and Cusco in south-central 
Peru (BLI 2000, p. 347; BLI 2009d, pp. 1-2; Lloyd 2009, p. 5).
    White-browed tit-spinetails are also impacted by unpredictable 
climate fluctuations, which are more fully described under the Factor A 
analysis of the ash-breasted tit-tyrant and are summarized here. Peru 
is subject to unpredictable climate fluctuations that exacerbate the 
effects of habitat fragmentation, such as those that are related to the 
El Ni[ntilde]o Southern Oscillation (ENSO). Changes in weather 
patterns, such as ENSO cycles (El Ni[ntilde]o and La Ni[ntilde]a 
events), tend to increase precipitation in normally dry areas, and 
decrease precipitation in normally wet areas (Holmgren et al. 2001, p. 
89; TAO Project n.d., p. 1), exacerbating the effects of habitat 
fragmentation on the decline of a species (England 2000, p. 86; 
Holmgren et al. 2001, p. 89; Jetz et al. 2007, pp. 1211, 1213; Mora et 
al. 2007, p. 1027; Parmesan and Mathews 2005, p. 334; Plumart 2007, pp. 
1-2; Timmermann 1999, p. 694), especially for narrow endemics (Jetz et 
al. 2007, p. 1213) such as the white-browed tit-spinetail (see also 
Factor E). ENSO cycles strongly influence the growth of Polylepis 
species (Christie et al. 2008, p. 1) by altering Polylepis species' age 
structure and mortality, especially where woodlands have undergone 
disturbance, such as fire and grazing (Villalba and Veblen 1997, pp. 
121-123; Villalba and Veblen 1998, pp. 2624, 2637). These cycles may 
have already accelerated the fire cycle (Block and Richter 2007, p. 1; 
Power et al. 2007, pp. 897-898), which is a key factor preventing 
Polylepis regeneration (Fjeldsa 2002a, p. 112, 120; Fjeldsa 2002b, p. 
8) because Polylepis species recover poorly following a fire (Cierjacks 
et al. 2007, p. 176). ENSO cycles are ongoing, having occurred several 
times within the last decade (NWS 2009, p. 2), and evidence suggests 
that ENSO cycles have already increased in periodicity and severity 
(Richter 2005, pp. 24-25; Timmermann 1999, p. 694), which will 
exacerbate the negative impacts of habitat destruction on a species. It 
is predicted that, by 2050, another 1 percent of the white-browed tit-
spinetail's current remaining range is likely to be unsuitable for this 
species due to climate change; and, by 2100, it is predicted that about 
43 percent of the species' range is likely to be lost as a direct 
result of global climate change (Jetz et al. 2007, Supplementary Table 
2, p. 89).

Summary of Factor A

    Polylepis habitat throughout the range of the white-browed tit-
spinetail has been and continues to be altered and destroyed as a 
result of human activities, including clearcutting and burning for 
agriculture and grazing lands and extractive activities, including 
harvest for timber, firewood, and charcoal. It is estimated that only 1 
percent of the dense Polylepis woodlands preferred by the species 
remain, and the remaining woodlands are highly fragmented and degraded. 
Observations suggest that the white-browed tit-spinetail is able to 
persist in very small forest fragments (e.g., areas as small as 0.6 ac 
(0.25 ha) in Cordillera Vilcabamba); however, this depends on whether 
or not a number of patches are in close proximity to one another. Since 
the remaining Polylepis woodlands are and continue to be severely 
fragmented, the distance between some of the small woodland patches may 
be too large for the species to be able to persist. Today, the species 
is known from only a small number of sites at four locations: The 
Runtacocha highlands (in Apurimac Region), and the Nevado Sacsarayoc 
massif, Cordillera Vilcabamba, and Cordillera Vilcanota (in Cusco 
Region). Historical decline in habitat availability is attributed to 
the same human activities that are causing habitat loss today. Ongoing 
and accelerated habitat destruction of the remaining Polylepis 
woodlands in Peru continues to reduce the quantity, quality, 
distribution, and potential regeneration of Polylepis forests. Human 
activities that degrade, alter, and destroy habitat are ongoing 
throughout the species' range, including within protected areas (see 
also Factor D). Experts consider the species' population decline to be 
commensurate with the declining habitat (Factor E). Current research 
indicates that climate fluctuations exacerbate the effects of habitat 
loss to species, especially for narrow endemics such as the white-
browed tit-spinetail that are already undergoing range reduction due to 
human activities. Climate models predict that this species' habitat 
will continue to decline. Therefore, we find that destruction and 
modification of habitat are threats to the continued existence of the 
white-browed tit-spinetail throughout its range.

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

    We are not aware of any information currently available that 
indicates that overutilization of the species for commercial, 
recreational, scientific, or educational purposes has occurred or is 
occurring at this time. As a result, we are not considering 
overutilization to be a threat to the continued existence of the white-
browed tit-spinetail.

C. Disease or Predation

    We are not aware of any scientific or commercial information that 
indicates that disease or predation poses a threat to the species. As a 
result, we are not considering disease or predation to be a threat to 
the continued existence of the white-browed tit-spinetail.

D. Inadequacy of Existing Regulatory Mechanisms

    The white-browed tit-spinetail is considered ``endangered'' by the 
Peruvian Government under Supreme Decree No. 034-2004-AG (2004, p. 
276854). This Decree prohibits hunting, take, transport, and trade of 
protected species, except as permitted by regulation. As hunting, 
taking, or trade do not currently threaten the white-browed tit-
spinetail, this regulation does

[[Page 646]]

not mitigate any current threats to the species.
    Peru has several categories of national habitat protection, which 
were described above as part of Factor D for the ash-breasted tit-
tyrant (IUCN 1994, p. 2; Rodriguez and Young 2000, p. 330). Protected 
areas have been established through regulation at one site occupied by 
the white-browed tit-spinetail in Peru: the Santuario Historico Machu 
Picchu (Cusco, Peru); (BLI 2009c, pp. 1, 3; BLI 2009d, p. 6). Resources 
within Santuario Historico Machu Picchu are supposed to be managed for 
conservation (Rodriguez and Young 2000, p. 330). However, habitat 
destruction and alteration, including burning, cutting, and grazing are 
ongoing within the sanctuary, preventing regeneration of the woodlands 
(BLI 2009c, p. 3; Engblom et al. 2002, p. 58). Therefore, the 
occurrence of the white-browed tit-spinetail within protected areas in 
Peru does not protect the species, nor does it mitigate the threats to 
the species from ongoing habitat loss (Factor A) and concomitant 
population decline (Factor E).

Summary of Factor D

    Peru has enacted various laws and regulatory mechanisms to protect 
and manage wildlife and their habitats. The white-browed tit-spinetail 
is ``endangered'' under Peruvian law and occurs within one protected 
area in Peru. As discussed under Factor A, the white-browed tit-
spinetail prefers dense Polylepis woodlands, which have been reduced by 
an estimated 98 percent in Peru. The Polylepis habitat that does remain 
is highly fragmented and degraded. Habitat throughout the species' 
range has been and continues to be altered as a result of human 
activities, including clearcutting and burning for agriculture and 
grazing lands; and extractive activities such as timber harvest, 
firewood collection, and charcoal production. These activities are 
ongoing within protected areas despite the species' endangered status, 
indicating that the laws governing wildlife and habitat protection in 
Peru are either inadequate or inadequately enforced to protect the 
species or to mitigate ongoing habitat loss (Factor A) and population 
declines (Factor E). Therefore, we find that the existing regulatory 
mechanisms are inadequate to mitigate the current threats to the 
continued existence of the white-browed tit-spinetail throughout its 
range.

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

    An additional factor that affects the continued existence of the 
white-browed tit-spinetail is the species' small population size. As 
discussed above (see Population Estimates), BirdLife International has 
placed the white-browed tit-spinetail in the population category of 
between 500 and 1,500 individuals (BLI 2009d, pp. 1, 5), and 
characterizes the species as having a ``very small population'' size 
(BLI 2000, p. 347; BLI 2009d, p. 1).
    Small population size renders species vulnerable to genetic risks 
that can have individual or population-level genetic consequences, such 
as inbreeding depression, loss of genetic variation, and accumulation 
of new mutations, and may affect the species' viability by increasing 
its susceptibility to demographic shifts or environmental fluctuations, 
as explained in more detail above in the Factor E analysis for the ash-
breasted tit-tyrant (Charlesworth and Charlesworth 1987, p. 238; Pimm 
et al. 1988, pp. 757, 773-775; Shaffer 1981, p. 131). Small population 
size leads to a higher risk of extinction and, once a population is 
reduced below a certain number of individuals, it tends to rapidly 
decline towards extinction (Frankham 1996, p. 1507; Franklin 1980, pp. 
147-148; Gilpin and Soule 1986, p. 25; Holsinger 2000, pp. 64-65; 
Purvis et al. 2000, p. 1949; Reed and Frankham 2003, pp. 233-234; Soule 
1987, p. 181).
    Complications arising from the species' small population size are 
exacerbated by the species' fragmented distribution. The white-browed 
tit-spinetail is currently confined to high-elevation, semihumid 
patches of forest in the Andes of Peru, and its population has declined 
at a rate between 10 and 19 percent in the past 10 years, in close 
association with the continued loss and degradation of the Polylepis 
forest (BLI 2009d, pp. 5-6) (Factor A). Fjeldsa and Kessler (1996, as 
cited in Fjeldsa 2002a, p. 113) describe the remaining Polylepis 
woodlands as highly fragmented and degraded, and estimate that only 1 
percent of the dense woodlands preferred by the species remain (BLI 
2009d, p. 2; De la Via 2004, p. 10; Lloyd 2008a, as cited in Lloyd 
2009, p. 6) (see Habitat and Life History). As a result, experts say 
that the species' current range is highly restricted and severely 
fragmented (BLI 2000, p. 347; BLI 2009d, p. 1; Collar et al. 1992, p. 
595; del Hoyo et al. 2003, p. 267; Fjeldsa and Krabbe 1990, p. 348; 
InfoNatura 2007, p. 1; Lloyd 2009, p. 5). The species' small population 
size, combined with its highly restricted and severely fragmented 
range, increases the species' vulnerability to adverse natural events 
and manmade activities that destroy individuals and their habitat 
(Holsinger 2000, pp. 64-65; Primack 1998, pp. 279-308; Young and Clarke 
2000, pp. 361-366).

Summary of Factor E

    The white-browed tit-spinetail has a small population size that 
renders it vulnerable to genetic risks that negatively impact the 
species' viability. The species has a severely restricted range and 
occurs in highly fragmented habitat that continues to undergo 
degradation and curtailment due to human activities (Factor A). The 
restricted and fragmented range, as well as the small population size, 
increases the species' vulnerability to extinction through demographic 
or environmental fluctuations. Based on its small population size and 
fragmented distribution, we have determined that the white-browed tit-
spinetail is particularly vulnerable to the threat of adverse natural 
events (e.g., genetic, demographic, or environmental) and human 
activities (e.g., deforestation and habitat alteration) that destroy 
individuals and their habitat. The genetic and demographic risks 
associated with small population sizes are exacerbated by ongoing human 
activities that continue to curtail the species' habitat throughout its 
range. The species' population has declined and is predicted to 
continue declining commensurate with ongoing habitat loss (Factor A). 
Therefore, we find that the species' small population size, in concert 
with its fragmented distribution and its heightened vulnerability to 
adverse natural events and manmade activities, are threats to the 
continued existence of the white-browed tit-spinetail throughout its 
range.

Status Determination for the White-Browed Tit-Spinetail

    The white-browed tit-spinetail, a small dark ovenbird, is 
restricted to high-altitude woodlands of the Peruvian Andes. Preferring 
dense, semihumid Polylepis and Polylepis-Gynoxys woodlands, the ash-
breasted tit-tyrant occupies a narrow range of distribution at 
elevations between 12,139 and 14,928 ft (3,700 and 4,550 m) above sea 
level. The species has a highly restricted and severely fragmented 
range (approximately 965 mi\2\ (2,500 km\2\)), and is currently known 
from only a small number of sites in the Apurimac and Cusco Regions, in 
south-central Peru. The known population of the

[[Page 647]]

white-browed tit-spinetail is estimated to be approximately 500 to 
1,500 individuals.
    We have carefully assessed the best available scientific and 
commercial information regarding the past, present, and potential 
future threats faced by the white-browed tit-spinetail. There are three 
primary factors impacting the continued existence of the white-browed 
tit-spinetail: (1) Habitat destruction, fragmentation, and degradation; 
(2) limited size and isolation of remaining populations; and (3) 
inadequate regulatory mechanisms.
    Human activities that degrade, alter, and destroy habitat are 
ongoing throughout the white-browed tit-spinetail. Widespread 
deforestation and the conversion of forests for grazing and agriculture 
have led to the fragmentation of habitat throughout the range of the 
white-browed tit-spinetail (Factor A). Researchers estimate that only 1 
percent of the dense Polylepis woodlands preferred by the species 
remain. Limited by the availability of suitable habitat, the species 
occurs today only in a few fragmented and disjunct locations.
    White-browed tit-spinetail habitat continues to be altered by human 
activities, which result in the continued degradation, conversion, and 
destruction of habitat and reduction of the quantity, quality, 
distribution, and regeneration of remaining forest patches. Habitat 
loss was a factor in this species' historical decline (see Historical 
Range and Distribution), and the species is considered to be declining 
today in association with the continued reduction in habitat (Factors A 
and E). The species' severely restricted range, combined with its small 
population size, renders it particularly vulnerable to the threat of 
adverse natural (e.g., genetic, demographic, or environmental) and 
manmade (e.g., deforestation, habitat alteration, wildfire) events that 
destroy individuals and their habitat. Human activities that continue 
to curtail the species' habitat throughout its range exacerbate the 
genetic and demographic risks associated with small population sizes 
(Factor E). The species has experienced a population decline of between 
10 and 19 percent in the past 10 years (see Population Estimates), and 
is predicted to continue declining commensurate with ongoing habitat 
loss and degradation. Current research indicates that narrow endemics, 
such as the white-browed tit-spinetail, are especially susceptible to 
climate fluctuations because of the synergistic effect these 
fluctuations have on declining populations that are also experiencing 
range reductions due to human activities (Factor A).
    Despite the species' endangered status in Peru and its occurrence 
within one protected area, human activities that degrade, alter, and 
destroy habitat are ongoing throughout the white-browed tit-spinetail's 
range, including within protected areas. Therefore, regulatory 
mechanisms are either inadequate or ineffective at curbing the threats 
to the white-browed tit-spinetail of habitat loss (Factor A) and 
corresponding population decline (Factor E).
    Section 3 of the Act defines an ``endangered species'' as ``any 
species which is in danger of extinction throughout all or a 
significant portion of its range'' and a ``threatened species'' as 
``any species which is likely to become an endangered species within 
the foreseeable future throughout all or a significant portion of its 
range.'' Based on the immediate and ongoing threats to the white-browed 
tit-spinetail throughout its entire range, as described above, we 
determine that the white-browed tit-spinetail is in danger of 
extinction throughout all of its range. Therefore, on the basis of the 
best available scientific and commercial information, we are proposing 
to list the white-browed tit-spinetail as an endangered species 
throughout all of its range.

Available Conservation Measures

    Conservation measures provided to species listed as endangered or 
threatened under the Act include recognition, requirements for Federal 
protection, and prohibitions against certain practices. Recognition 
through listing results in public awareness, and encourages and results 
in conservation actions by Federal and State governments, private 
agencies and interest groups, and individuals.
    Section 7(a) of the Act, as amended, and as implemented by 
regulations at 50 CFR part 402, requires Federal agencies to evaluate 
their actions within the United States or on the high seas with respect 
to any species that is proposed or listed as endangered or threatened, 
and with respect to its critical habitat, if any has been proposed or 
designated. However, given that the ash-breasted tit-tyrant, Junin 
grebe, Junin rail, Peruvian plantcutter, the royal cinclodes, and the 
white-browed tit-spinetail are not native to the United States, we are 
not proposing critical habitat for these species under section 4 of the 
Act.
    Section 8(a) of the Act authorizes the provision of limited 
financial assistance for the development and management of programs 
that the Secretary of the Interior determines to be necessary or useful 
for the conservation of endangered and threatened species in foreign 
countries. Sections 8(b) and 8(c) of the Act authorize the Secretary to 
encourage conservation programs for foreign endangered and threatened 
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 all endangered and 
threatened wildlife. As such, these prohibitions would be applicable to 
the ash-breasted tit-tyrant, Junin grebe, Junin rail, Peruvian 
plantcutter, the royal cinclodes, and the white-browed tit-spinetail. 
These prohibitions, under 50 CFR 17.21, make it illegal for any person 
subject to the jurisdiction of the United States to ``take'' (take 
includes to harass, harm, pursue, hunt, shoot, wound, kill, trap, 
capture, or collect, or to attempt to engage in any such conduct) any 
endangered wildlife species within the United States or upon the high 
seas; or to import or export; deliver, receive, carry, transport, or 
ship in interstate or foreign commerce in the course of commercial 
activity; or to sell or offer for sale in interstate or foreign 
commerce any endangered wildlife species. It is also illegal to 
possess, sell, deliver, carry, transport, or ship any such wildlife 
that has been taken in violation of the Act. Certain exceptions apply 
to agents of the Service and State conservation agencies.
    Permits may be issued to carry out otherwise prohibited activities 
involving endangered and threatened wildlife species under certain 
circumstances. Regulations governing permits are codified at 50 CFR 
17.22 for endangered species. With regard to endangered wildlife, a 
permit may be issued for the following purposes: for scientific 
purposes, to enhance the propagation or survival of the species, and 
for incidental take in connection with otherwise lawful activities.

Peer Review

    In accordance with our joint policy with National Marine Fisheries 
Service, ``Notice of Interagency Cooperative Policy for Peer Review in 
Endangered Species Act Activities,'' published in the Federal Register 
on July 1, 1994 (59 FR 34270), we will seek the expert opinions of at 
least three appropriate independent specialists regarding this proposed 
rule. The purpose of peer review is to ensure that our final 
determination is based on scientifically sound data, assumptions, and 
analyses. We will send copies of this proposed rule to the peer 
reviewers immediately

[[Page 648]]

following publication in the Federal Register. We will invite these 
peer reviewers to comment during the public comment period on our 
specific assumptions and conclusions regarding the proposal to list the 
ash-breasted tit-tyrant, Junin grebe, Junin rail, Peruvian plantcutter, 
royal cinclodes, and white-browed tit-spinetail.
    We will consider all comments and information we receive during the 
comment period on this proposed rule during our preparation of a final 
determination. Accordingly, our final decision may differ from this 
proposal.

Public Hearings

    The Act provides for one or more public hearings on this proposal, 
if we receive any requests for hearings. We must receive your request 
for a public hearing within 45 days after the date of this Federal 
Register publication (see DATES). Such requests must be made in writing 
and be addressed to the Chief of the Branch of Listing at the address 
shown in the FOR FURTHER INFORMATION CONTACT section. We will schedule 
public hearings on this proposal, if any are requested, and announce 
the dates, times, and places of those hearings, as well as how to 
obtain reasonable accommodations, in the Federal Register at least 15 
days before the first hearing.
Required Determinations

National Environmental Policy Act (NEPA)

    We have determined that environmental assessments and environmental 
impact statements, as defined under the authority of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), need not be 
prepared in connection with regulations adopted under section 4(a) of 
the Act. We published a notice outlining our reasons for this 
determination in the Federal Register on October 25, 1983 (48 FR 
49244).

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:
    (a) Be logically organized;
    (b) Use the active voice to address readers directly;
    (c) Use clear language rather than jargon;
    (d) Be divided into short sections and sentences; and
     (e) 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 the ADDRESSES section. 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.
References Cited
    A complete list of all references cited in this proposed rule is 
available on the Internet at http://www.regulations.gov or upon request 
from the Branch of Listing, Endangered Species Program, U.S. Fish and 
Wildlife Service (see FOR FURTHER INFORMATION CONTACT).

Author(s)

    The primary authors of this proposed rule are Jesse D'Elia (of the 
Pacific Regional Office) and Patricia De Angelis, Patricia Ford, Monica 
Horton, and Marie Maltese (all of the Division of Scientific 
Authority), U.S. Fish and Wildlife Service.

List of Subjects in 50 CFR Part 17

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

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--[AMENDED]

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

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

    2. Amend Sec.  17.11(h) by adding new entries for ``Cinclodes, 
royal,'' ``Grebe, Junin,'' ``Plantcutter, Peruvian,'' ``Rail, Junin,'' 
``Tit-spinetail, white-browed,'' and ``Tit-tyrant, ash-breasted'' in 
alphabetical order under BIRDS to the List of Endangered and Threatened 
Wildlife, as follows:


Sec. 17.11  Endangered and threatened wildlife.

* * * * *
    (h) * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
                     Species                                           Vertebrate
-------------------------------------------------                   population where                                        Critical
                                                   Historic range     endangered or        Status        When listed        habitat       Special rules
         Common name            Scientific name                        threatened
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                          BIRDS
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Cinclodes, royal               Cinclodes          Bolivia, Peru     Entire            E                                 NA               NA
                                aricomae
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Grebe, Jun[iacute]n            Podiceps           Peru              Entire            E                                 NA               NA
                                taczanowskii
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Plantcutter, Peruvian          Phytotoma          Peru              Entire            E                                 NA               NA
                                raimondii
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 649]]

 
Rail, Jun[iacute]n             Laterallus         Peru              Entire            E                                 NA               NA
                                tuerosi
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Tit-spinetail, white-browed    Leptasthenura      Peru              Entire            E                                 NA               NA
                                xenothorax
--------------------------------------------------------------------------------------------------------------------------------------------------------
Tit-tyrant, ash-breasted       Anairetes alpinus  Bolivia, Peru     Entire            E                                 NA               NA
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *

    Dated: December 16, 2009
Sam D. Hamilton,
Director, U.S. Fish and Wildlife Service
[FR Doc. E9-31102 Filed 1-4-10; 8:45 am]
BILLING CODE 4310-55-S