[Federal Register Volume 81, Number 200 (Monday, October 17, 2016)]
[Proposed Rules]
[Pages 71457-71471]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-24931]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-HQ-ES-2016-0072; 4500030115]


Endangered and Threatened Wildlife and Plants; Review of Foreign 
Species That Are Candidates for Listing as Endangered or Threatened; 
Annual Notification of Findings on Resubmitted Petitions; Annual 
Description of Progress on Listing Actions

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notification of review.

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SUMMARY: In this Candidate Notice of Review of Foreign Species (CNOR-
FS), we present an updated list of plant and animal species foreign to 
the United States that we regard as candidates for addition to the 
Lists of Endangered and

[[Page 71458]]

Threatened Wildlife and Plants under the Endangered Species Act of 
1973, as amended. Identification of candidate species can assist 
conservation planning efforts by providing advance notice of potential 
listings and awareness of species' status. Even if we subsequently list 
a candidate species, the early notice provided here could result in 
more options for species management and recovery by prompting measures 
to alleviate threats to the species.

DATES: We will accept information on any of the species in this 
Candidate Notice of Review of Foreign Species at any time.

ADDRESSES: Document availability: This CNOR-FS and supporting 
documentation, including more detailed information on these candidate 
species and the references cited, is available on the Internet at 
http://www.regulations.gov at Docket No. FWS-HQ-ES-2016-0072. Please 
submit any new information, materials, comments, or questions on this 
CNOR-FS and the supporting documentation to the Falls Church, VA, 
address listed in FOR FURTHER INFORMATION CONTACT below.

FOR FURTHER INFORMATION CONTACT: Chief, Branch of Foreign Species, 
Ecological Services Program, U.S. Fish and Wildlife Service, 5275 
Leesburg Pike, MS: ES, Falls Church, VA 22041-3808; telephone 703-358-
2171. If you use a telecommunications device for the deaf (TDD), call 
the Federal Information Relay Service (FIRS) at 800-877-8339.

SUPPLEMENTARY INFORMATION: 

Executive Summary

    This CNOR-FS summarizes the status and threats that we evaluated in 
order to determine that species qualify as candidates, to assign a 
listing priority number (LPN) to each species, and to determine whether 
a species should be removed from candidate status. Additional material 
that we relied on for each candidate species is available in supporting 
documentation on the Internet at http://www.regulations.gov at Docket 
No. FWS-HQ-ES-2016-0072
    Twenty foreign species are current candidates for listing. This 
document includes our findings on resubmitted petitions and describes 
our progress in revising the Lists of Endangered and Threatened 
Wildlife and Plants (Lists) during the period April 25, 2013, through 
April 7, 2016. Based on our review, we find that 19 species continue to 
warrant listing, but their listing remains precluded by higher-priority 
proposals to determine whether other species are an endangered species 
or a threatened species. We are removing one candidate from the list 
due to recovery, and we are adding a species that was originally 
considered to be one taxon but has recently been determined to be two 
full species. Additionally, in this CNOR-FS, we have assigned a listing 
priority number (LPN) to the new candidate species and have changed the 
LPNs for three candidate species.

Background

    The Endangered Species Act of 1973, as amended (Act) (16 U.S.C. 
1531 et seq.), requires that we identify species of wildlife and plants 
that are endangered or threatened based on the best available 
scientific and commercial information. As defined in section 3 of the 
Act, an endangered species is any species that is in danger of 
extinction throughout all or a significant portion of its range, and a 
threatened species is any species that is likely to become an 
endangered species within the foreseeable future throughout all or a 
significant portion of its range. Through the Federal rulemaking 
process, we add species that meet these definitions to the List of 
Endangered and Threatened Wildlife at 50 CFR 17.11 or the List of 
Endangered and Threatened Plants at 50 CFR 17.12 (List). Candidate taxa 
are those taxa for which we have sufficient information on file 
relating to biological vulnerability and threats to support a proposal 
to list the taxa as endangered or threatened, but for which preparation 
and publication of a proposed rule is precluded by higher-priority 
proposals to determine whether any species is an endangered species or 
a threatened species. We may identify a species as a candidate for 
listing after we have conducted an evaluation of its status--either on 
our own initiative, or in response to a petition we have received.
    Under section 4(b)(3)(A) of the Act, when we receive a petition to 
add a species or to remove a species from the List we must determine 
within 90 days, to the maximum extent practicable, whether the petition 
presents substantial scientific or commercial information indicating 
that the petitioned action may be warranted (90-day finding). Section 
4(b)(3)(B) requires that, within 12 months after receiving any petition 
that contains substantial scientific or commercial information 
indicating that listing an animal or plant species may be warranted, we 
make one of the following findings (12-month finding): (1) Not 
warranted; (2) warranted; or (3) warranted, but the immediate proposal 
of a regulation implementing the petitioned action is precluded by 
other pending proposals to determine whether species are endangered or 
threatened species (warranted but precluded), and expeditious progress 
is being made to add or remove qualified species from the List (See 
Preclusion and Expeditious Progress below).
    In accordance with section 4(b)(3)(C)(i) of the Act, when, in 
response to a petition, we find that listing a species is warranted but 
precluded, we must make a new 12-month finding annually until we 
publish a proposed rule to list the species or make a determination 
that listing is not warranted. These subsequent 12-month findings are 
referred to as ``resubmitted'' petition findings. This CNOR-FS contains 
our resubmitted petition findings for foreign species previously 
described in the Annual Notice of Review published April 25, 2013 (78 
FR 24604).
    We maintain this list of candidates for a variety of reasons:
    (1) To notify the public that these species are facing threats to 
their survival;
    (2) to provide advance knowledge of potential listings;
    (3) to provide information that may stimulate and guide 
conservation efforts that will remove or reduce threats to these 
species and possibly make listing unnecessary;
    (4) to request input from interested parties to help us identify 
those candidate species that may not require protection under the Act 
or additional species that may require the Act's protections; and
    (5) to request necessary information for setting priorities for 
preparing listing proposals. We strongly encourage collaborative 
conservation efforts for candidate species. For additional information 
regarding such assistance, see FOR FURTHER INFORMATION CONTACT.
    On September 21, 1983, we published guidance for assigning a 
listing priority number (LPN) for each candidate species (48 FR 43098). 
Guidelines for such a priority-ranking guidance system are required 
under section 4(h)(3) of the Act (15 U.S.C. 1533(h)(3)). Using this 
guidance, we assign each candidate an LPN of 1 to 12, depending on the 
magnitude of threats, immediacy of threats, and taxonomic status; the 
lower the LPN, the higher the listing priority (that is, a species with 
an LPN of 1 would have the highest listing priority). As explained 
below, we first categorize based on the magnitude of the threat(s), 
then by the immediacy of the threat(s), and finally by taxonomic 
status.
    Under this priority-ranking system, magnitude of threat can be 
either ``high'' or ``moderate to low.'' This criterion helps ensure 
that the species facing the greatest threats to their continued

[[Page 71459]]

existence receive the highest listing priority. It is important to 
recognize that all candidate species face threats to their continued 
existence, so the magnitude of threats is in relative terms. When 
evaluating the magnitude of the threat(s) facing the species, we 
consider information such as: the number of populations and/or extent 
of range of the species affected by the threat(s); the biological 
significance of the affected population(s), the life-history 
characteristics of the species and its current abundance and 
distribution; and whether the threats affect the species in only a 
portion of its range.
    As used in our priority ranking system, immediacy of threat is 
categorized as either ``imminent'' or ``nonimminent.'' It is not a 
measure of how quickly the species is likely to become extinct if the 
threats are not addressed; rather, immediacy is based on when the 
threats will begin. If a threat is currently occurring or likely to 
occur in the very near future, we classify the threat as imminent. 
Determining the immediacy of threats helps ensure that species facing 
actual, identifiable threats are given priority for listing proposals 
over those for which threats are only potential or species that are 
intrinsically vulnerable to certain types of threats, but are not known 
to be presently facing such threats.
    Our priority-ranking system has three categories for taxonomic 
status: Species that are the sole members of a genus; full species (in 
genera that have more than one species); and subspecies and distinct 
population segments of vertebrate species (DPSs). The result of the 
ranking system is that we assign each candidate a listing priority 
number of 1 to 12. For example, if the threats are of high magnitude, 
with immediacy classified as imminent, the listable entity is assigned 
an LPN of 1, 2, or 3 based on its taxonomic status (i.e., a species 
that is the only member of its genus would be assigned to the LPN 1 
category, a full species to LPN 2, and a subspecies or DPS would be 
assigned to LPN 3). In summary, the LPN ranking system provides a basis 
for making decisions about the relative priority for preparing a 
proposed rule to list a given species. Each species included in this 
CNOR-FS is one for which we have sufficient information to prepare a 
proposed rule to list, because it is in danger of extinction or likely 
to become endangered within the foreseeable future throughout all or a 
significant portion of its range.
    For more information on the process and standards used in assigning 
LPNs, a copy of the guidance is available at: http://www.fws.gov/endangered/esa-library/pdf/1983_LPN_Policy_FR_pub.pdf. A rationale for 
the determination of the magnitude and imminence of threat(s) and 
assignment of the LPN is presented in this CNOR-FS. For more 
information on the LPN assigned to a particular species, see the 
supporting documentation at http://www.regulations.gov at Docket No. 
FWS-HQ-ES-2016-0072.

Request for Information

    With this CNOR-FS, we request additional information for the 20 
taxa whose listings are warranted but precluded by higher-priority 
proposals to determine whether any species is an endangered or 
threatened species. We will consider this information in preparing 
listing documents or future resubmitted petition findings for these 20 
taxa. This information will also help us to monitor the status of the 
taxa and conserve them. We request the submission of any further 
information on the species in this CNOR-FS as soon as possible, or 
whenever it becomes available. We especially seek information:
    (1) Indicating that we should remove a taxon from consideration for 
listing;
    (2) Documenting threats to any of the included taxa;
    (3) Describing the immediacy or magnitude of threats facing these 
taxa;
    (4) Identifying taxonomic or nomenclatural changes for any of the 
taxa; or
    (5) Noting any mistakes, such as errors in the indicated historical 
ranges.
    You may submit your information concerning this CNOR-FS in general 
or for any of the species included in this CNOR-FS as described in 
ADDRESSES.

Previous Publications

    We called our previous reviews of foreign species an ``Annual 
Notice of Review,'' or ``ANOR.'' In this review, we use the term 
``Candidate Notice of Review of Foreign Species (CNOR-FS)'' to better 
align with terminology and processes used for our Candidate Notice of 
Review of native species--meaning those species native to the United 
States.
    Nineteen of the species discussed in this CNOR-FS are the result of 
three separate petitions submitted to the U.S. Fish and Wildlife 
Service (Service) to list a number of foreign bird and butterfly 
species as endangered or threatened under the Act. We received 
petitions to list the 13 foreign bird species included in this CNOR-FS 
on November 24, 1980, and May 6, 1991. We found the petitions presented 
substantial scientific or commercial information indicating that 
listing these 13 species may be warranted on May 12, 1981 and December 
16, 1991, respectively (46 FR 26464 and 56 FR 65207), and first 
identified them as candidates on May 21, 2004 (69 FR 2935). On January 
10, 1994, we received a petition to list seven butterfly species as 
endangered or threatened, and we found the petition presented 
substantial scientific or commercial information indicating that 
listing these species may be warranted on May 10, 1994 (59 FR 24117). 
On December 7, 2004, we identified five of the seven butterflies as 
candidates and two were determined to be ``not warranted'' (69 FR 
70580). Our most recent ANOR was published on April 25, 2013 (78 FR 
24604). Our current revised CNOR-FS supersedes all previous ANORs/
Notices.

Status Assessment of Foreign Candidate Species and Findings on 
Resubmitted Petitions

    Since the publication of our previous ANOR on April 25, 2013 (78 FR 
24604), we reviewed the available information on candidate species to 
determine whether listing remains warranted for each species and, if 
so, reevaluated the relative LPN assigned to each species. We also 
evaluated the need to emergency list any of these species, particularly 
species with high listing priority numbers (i.e., species with LPNs of 
1, 2, or 3). This review ensures that we focus conservation efforts on 
those species at greatest risk first. In addition to reviewing foreign 
candidate species since publication of the last ANOR, we have worked on 
numerous findings in response to petitions to list species and on 
proposed and final determinations for rules to list, delist, or 
downlist species under the Act. Some of these findings and 
determinations have been completed and published in the Federal 
Register, while work on others is still under way (see Preclusion and 
Expeditious Progress section, below, for details).
    The current number of foreign species that are candidates for 
listing is 20. Based on our current review, we find that one species 
(the Codfish Island fernbird) has recovered and no longer warrants 
listing; therefore, we removed this species from the candidate list. We 
also find that the southern helmeted curassow is actually two species, 
the southern helmeted or horned curassow endemic to Bolivia (Pauxi 
unicornis) and the Sira curassow endemic to Peru (Pauxi koepckeae). 
Thus, we find that 20 species continue to warrant listing, but their 
listing remains precluded by higher-priority proposals to determine 
whether any species is an endangered species or a threatened species. 
Lastly,

[[Page 71460]]

we have assigned an LPN of 2 for the Sira curassow and have changed the 
LPNs for the Brasilia tapaculo, the Harris' mimic swallowtail 
butterfly, and the fluminense swallowtail butterfly.
    This CNOR-FS summarizes the current status of, and threats to, the 
20 species we previously determined qualified as candidates (78 FR 
24604; April 25, 2013). It also serves to reevaluate the assigned 
listing priority number given any changes in taxonomy or threats, and 
includes our findings on resubmitted petitions for 20 foreign species. 
We have considered all of the new information that we have obtained 
since the previous finding, and we have reviewed in accordance with our 
Listing Priority Guidance the LPN of each taxon for which proposed 
listing continues to be warranted but precluded. Based on our review of 
the best available scientific and commercial information, with this 
CNOR-FS, we are removing one species from the candidate list due to 
recovery and we are adding an additional species to the list, the Sira 
curassow (Pauxi koepckeae), which was determined to be a separate 
species from the petitioned southern helmeted curassow (Pauxi 
unicornis).
    We emphasize that we are not proposing these species for listing, 
but we do anticipate developing and publishing proposed listing rules 
for these species in the future, with the objective of making 
expeditious progress in addressing all 20 of these foreign species 
within a reasonable timeframe.
    Table 1 provides a summary of all updated determinations of the 20 
taxa in our review. The column labeled ``Priority'' indicates the LPN. 
Following the scientific name of each taxon (third column) is the 
family designation (fourth column) and the common name, if one exists 
(fifth column). The sixth column provides the known historical range 
for the taxon. The avian species in table 1 are listed taxonomically.

                     Table 1--Species in 2016 Candidate Notice of Review of Foreign Species
[C = Candidate (listing is warranted but precluded); Rc = Removing candidate from the list (listing is no longer
                                                   warranted]
----------------------------------------------------------------------------------------------------------------
            Status
-------------------------------   Scientific name           Family            Common name      Historical range
     Category        Priority
----------------------------------------------------------------------------------------------------------------
                                                      Birds
----------------------------------------------------------------------------------------------------------------
C................            2  Pauxi unicornis....  Cracidae...........  southern helmeted   Bolivia.
                                                                           curassow.
C................            2  Pauxi koepckeae....  Cracidae...........  Sira curassow.....  Peru.
C................            2  Rallus semiplumbeus  Rallidae...........  Bogot[aacute] rail  Colombia.
C................            8  Porphyrio            Rallidae...........  takahe............  New Zealand.
                                 hochstetteri.
C................            8  Haematopus           Haematopodidae.....  Chatham             Chatham Islands,
                                 chathamensis.                             oystercatcher.      New Zealand.
C................            8  Cyanoramphus         Psittacidae........  orange-fronted      New Zealand.
                                 malherbi.                                 parakeet.
C................            8  Eunymphicus          Psittacidae........  Uvea parakeet.....  Uvea, New
                                 uvaeensis.                                                    Caledonia.
C................            8  Dryocopus galeatus.  Picidae............  helmeted            Argentina, Brazil,
                                                                           woodpecker.         Paraguay.
C................            2  Dendrocopos          Picidae............  Okinawa woodpecker  Okinawa Island,
                                 noguchii.                                                     Japan.
C................            2  Aulacorhynchus       Ramphastidae.......  yellow-browed       Peru.
                                 huallagae.                                toucanet.
C................            8  Scytalopus           Rhinocryptidae.....  Brasilia tapaculo.  Brazil.
                                 novacapitalis.
Rc...............  ...........  Bowdleria punctata   Sylviidae..........  Codfish Island      Codfish Island,
                                 wilsoni.                                  fernbird.           New Zealand.
C................            2  Zosterops            Zosteropidae.......  Ghizo white-eye...  Solomon Islands.
                                 luteirostris.
C................            8  Tangara peruviana..  Thraupidae.........  black-backed        Brazil.
                                                                           tanager.
C................            6  Strepera graculina   Cracticidae........  Lord Howe Island    Lord Howe Island,
                                 crissalis.                                pied currawong.     New South Wales.
----------------------------------------------------------------------------------------------------------------
                                           Invertebrates (Butterflies)
----------------------------------------------------------------------------------------------------------------
C................            3  Mimoides (=          Papilionidae.......  Harris' mimic       Brazil.
                                 Eurytides or                              swallowtail.
                                 Graphium)
                                 lysithous
                                 harrisianus.
C................            2  Protographium (=     Papilionidae.......  Jamaican kite       Jamaica.
                                 Eurytides or                              swallowtail.
                                 Graphium or
                                 Neographium or
                                 Protesilaus)
                                 marcellinus.
C................            2  Parides ascanius...  Papilionidae.......  Fluminense          Brazil.
                                                                           swallowtail.
C................            2  Parides hahneli....  Papilionidae.......  Hahnel's Amazonian  Brazil.
                                                                           swallowtail.
C................            8  Teinopalpus          Papilionidae.......  Kaiser-i-Hind       Bhutan, China,
                                 imperialis.                               swallowtail.        India, Laos,
                                                                                               Myanmar, Nepal,
                                                                                               Thailand,
                                                                                               Vietnam.
----------------------------------------------------------------------------------------------------------------
                                                     Mollusc
----------------------------------------------------------------------------------------------------------------
C................            2  Mulinia              Mactridae..........  Colorado delta      Mexico.
                                 coloradoensis.                            clam.
----------------------------------------------------------------------------------------------------------------

    We will continue to monitor the status of these species as new 
information becomes available (see Monitoring, below). Our review of 
new information will determine if a change in status is warranted, 
including the need to emergency list any species or change the LPN of 
any of the species. In the following sections, we describe our findings 
for the individual species. The summaries are based on information

[[Page 71461]]

contained in our files, including any petitions we received.

New Candidates

    Sira curassow (Pauxi koepckeae)--We added the Sira curassow as a 
new candidate species. In previous ANORs, we evaluated two bird 
subspecies under the genus Pauxi, the southern helmeted curassow or 
horned curassow (P. unicornis unicornis) from Bolivia and the Sira 
curassow (P. unicornis koepckeae) from Peru. The ranges of the two 
curassows are separated by approximately 2,000 kilometers (km) (1,243 
miles (mi)). In 2014, BirdLife International's (BLI) Taxonomic Working 
Group evaluated all non-passerines (non-perching birds), including the 
southern helmeted curassow, applying quantitative criteria for species 
delimitation, using a scoring system to examine differences in 
morphology, vocalizations, ecology, and geographical relationships--the 
results of which elevated both of these subspecies to species: P. 
unicornis and P. koepckeae. Although BLI and International Union for 
the Conservation of Nature (IUCN) now recognize these as full species, 
the Integrated Taxonomic Information System (ITIS) continues to 
recognize P. unicornis as a full species with P. unicornis unicornis 
and P. unicornis koepckeae as subspecies. Based upon review of the 
available information, we consider these two curassows (P. unicornis 
and P. koepckeae) as valid, full species. Therefore, we have expanded 
our review to include the Sira curassow (P. koepckeae), and have added 
the Sira curassow to table 1. More information on Sira curassow is 
provided below and in the supporting documents for this CNOR-FS.
    The Sira curassow is a game bird that is known only from the Cerros 
del Sira region of Peru. Size and coloration are similar to the 
southern helmeted curassow, but the Sira curassow has a shorter and 
rounder pale-blue casque (a horn-like bony appendage above the bill) 
that is flattened against the head. The Sira curassow inhabits cloud-
forest habitat (a type of rainforest that occurs on high mountains in 
the tropics) at elevations from 1,100 to 1,450 meters (m) (3,609-4,757 
feet (ft)) and above.
    Although historical population data are lacking, the population is 
currently estimated at fewer than 250 mature individuals and is 
declining. The primarily cause of the decline is ongoing hunting by 
local communities. Additionally, the Sira curassow's habitat is being 
degraded by subsistence agriculture, forest clearing, road building, 
and associated rural development. Although the Sira curassow is legally 
protected in a large portion of its range in El Sira Communal Reserve, 
illegal hunting still occurs there. The species is classified as 
critically endangered on the IUCN Red List. It is not threatened by 
international trade, and it is not listed in any appendices of the 
Convention on International Trade in Endangered Species of Wild Fauna 
and Flora (CITES). In the previous ANOR, both the southern helmeted 
curassow and the Sira curassow had an LPN of 2. Now that the Sira 
curassow, Pauxi koepckeae, is a valid, distinct species, we have 
reevaluated the species and conclude that an LPN of 2 continues to be 
accurate. The Sira curassow does not represent a monotypic genus. It 
faces threats that are high in magnitude based on its small estimated 
population and limited range. The few locations where it is believed to 
exist continue to face pressure from hunting and habitat loss. The best 
scientific information available indicates that the population decline 
will continue in the future. Because the species is experiencing 
significant population declines and ongoing habitat loss and 
degradation, we have assigned an LPN of 2 to reflect imminent threats 
of high magnitude.

Listing Priority Changes in Candidates

    We reviewed the LPNs for all candidate species and are changing the 
LPNs for the following three species discussed below. More information 
on these species may be found in the supporting documents for this 
CNOR-FS.

Birds

    Brasilia tapaculo (Scytalopus novacapitalis)--The Brasilia tapaculo 
is a small, secretive ground-dwelling bird with limited flight ability. 
The tapaculo is found in gallery-forest habitat that is a smaller 
component of the wider tropical savanna or ``Cerrado'' of the Central 
Goi[aacute]s Plateau of Brazil. Gallery forests are narrow fringes of 
thick streamside vegetation that occur on the edges of rivers and 
streams at elevations of approximately 800-1,000 m (2,625-3,281 ft). 
The Brasilia tapaculo is described as ``rare,'' but the population size 
is unknown. Despite a lack of data on population trends, declines are 
suspected to be occurring, owing to habitat loss and degradation in the 
Cerrado. It is known to occur in six protected areas and has been found 
on private land next to protected areas. Protected areas are limited in 
extent and size. Only 1.2 percent of the Cerrado is in protected areas 
and those protected areas are not distributed evenly across the region. 
Additionally, there are few protected areas of more than 25,000 
hectares (61,776 acres).
    The primary threat to the species is loss and degradation of its 
habitat. The Cerrado is the largest, most diverse, and possibly most 
threatened tropical savanna in the world. Land in the Cerrado is 
currently being converted to soybean and rice plantations. At current 
rates, the remaining natural habitat in the Cerrado is predicted to be 
converted to other uses by 2030. The tapaculo's gallery-forest habitat 
has been less affected by clearing for agriculture than the surrounding 
Cerrado. However, larger impacts to the Cerrado are certain to affect 
gallery forests; erosion and deterioration of streams is increasing, 
and wetland drainage and the diversion of water for irrigation and 
annual burning of adjacent grasslands is expected to limit the 
availability and extent of suitable habitat for the Brasilia tapaculo.
    The Brazilian national authority on wildlife, Instituto Chico 
Mendes de Conserva[ccedil][atilde]o da Biodiversidade (ICMBio), 
categorizes Brasilia tapaculo as endangered based on severe 
fragmentation of populations and continued decline in habitat. The IUCN 
Red List categorizes the species as ``Near Threatened.'' It is not 
threatened by international trade and is not listed in any appendices 
of CITES.
    In the previous ANOR, we assigned the Brasilia tapaculo an LPN of 
11. After reevaluating the available information, we find that a change 
to an LPN of 8 is appropriate. The Brasilia tapaculo does not represent 
a monotypic genus. The threat to the species is of moderate magnitude 
and is imminent. The species has a fairly wide geographic range but is 
endemic to the Cerrado and strongly associated with gallery forests, a 
very small component of the Cerrado. The drastic conversion of the 
Cerrado is ongoing. The populations currently appear to be found only 
in or next to a handful of protected areas and most of these areas are 
small. The species is reported as rare, even in protected areas. Thus, 
based on review of the best available scientific and commercial 
information, the LPN has been changed from 11 to 8 to reflect imminent 
threats of moderate magnitude.

Invertebrates (Butterflies)

    Harris' mimic swallowtail (Mimoides lysithous harrisianus)--The 
Harris' mimic swallowtail is a subspecies that inhabits the restinga 
(sand forest) habitats of the coastal Atlantic Forest of Brazil. It 
historically occurred in southern Espirito Santo State and along the 
coast of the State of Rio de Janeiro,

[[Page 71462]]

Brazil. More recent records are from three locations in the State of 
Rio de Janeiro, but we could not find recent population information for 
the subspecies.
    Habitat destruction has been the main threat and is ongoing. Based 
on a number of estimates, 88 to 95 percent of the area historically 
covered by tropical forests within the Atlantic Forest biome has been 
converted or severely degraded as the result of human activities. In 
addition to the overall loss and degradation of its habitat, the 
remaining tracts of its habitat are severely fragmented. Habitat loss 
due to sea-level rise may also affect this coastal subspecies, and 
losses may be compounded by an increased demand by humans to use 
remaining land for housing and infrastructure.
    Another factor affecting this butterfly is collection. In previous 
ANORs we suspected that collection may be a stressor for this species 
but have now noted sale of the subspecies on the internet. The Harris' 
mimic swallowtail is on the list of Brazilian fauna threatened with 
extinction, and collection and trade of the subspecies is prohibited. 
However, we recently found three online advertisements for the Harris' 
mimic swallowtail at prices ranging from 990 to 1,950 Euros each 
(approximately 1,118 to 2,182 U.S. dollars (USD)) indicating that 
illegal collection and trade may be occurring and demand for this 
butterfly is high. Harris' mimic swallowtail is not currently on the 
IUCN Red list, although it was identified as a ``Threatened and Extinct 
Subspecies'' in the family Papilionidae in the 1994 IUCN Red List. The 
subspecies has not been formally considered for listing in the 
appendices to CITES. It is also not regulated on the annexes to 
European Union Wildlife Trade Regulations.
    In the previous ANOR, the Harris' mimic swallowtail was assigned an 
LPN of 6. After reevaluating the threats to this species, we have 
determined that a change to an LPN of 3 is appropriate. Harris' mimic 
swallowtail is a subspecies that is not within a monotypic genus. 
Although the best-studied colony has maintained a stable and viable 
size for nearly two decades, there is limited recent information on 
status. Threats are high in magnitude due to the existence of only a 
few, small fragmented colonies, and the potential for catastrophic 
events such as severe tropical storms, fire or introduction of a new 
disease or predator. Additionally, although the subspecies is protected 
by Brazilian law and the colonies are located within protected areas, 
the high price advertised online for specimens indicates that there is 
demand for the subspecies, likely from illegal collection. Because the 
population is very small and limited to only three known colonies, 
removal of individuals from the remaining small, fragmented colonies 
could, in combination with other stressors, contribute to local 
extirpations. We find these threats are of high magnitude and based on 
the best available information, we have changed the LPN from 6 to 3 to 
reflect imminent threats of high magnitude for this subspecies.
    Fluminense swallowtail (Parides ascanius)--The fluminense 
swallowtail (Parides ascanius) also inhabits the restinga (sand forest) 
habitats of the coastal Atlantic Forest of Brazil within the State of 
Rio de Janeiro. The overall number of populations reported for the 
species has declined from ``fewer than 20 colonies'' in 1994 to 8 in 
2015. Genetic analysis of the eight remaining populations is consistent 
with metapopulation dynamics (a group of separate populations that has 
some level of mixing) with low genetic diversity and trending towards 
increased isolation of these populations from urban development. 
Habitat loss, degradation, and fragmentation are the principal threats 
to this species. The species occupies highly specialized habitat and 
requires large areas to maintain a viable colony. Only one of the eight 
known populations is presently found within a large protected area 
(Po[ccedil]o das Antas Biological Reserve), and the majority of the 
remaining populations are on smaller, fragmented parcels with limited 
or no protections. Collection and commercial exploitation (see Harris' 
mimic swallowtail above) were also identified as possible factors 
affecting the fluminense swallowtail. The species is located near urban 
areas and is easy to capture. The impact of illegal collection to the 
fluminense swallowtail is difficult to assess, but removal of 
individuals from the remaining small, fragmented populations could, in 
combination with other stressors, contribute to local extirpations.
    The fluminense swallowtail butterfly was the first invertebrate to 
be officially noted on the list of Brazilian animals threatened with 
extinction in 1973. It has been classified as ``Vulnerable'' by the 
IUCN Red List since 1983, although it is now marked as ``Needs 
Updating.'' The species is currently categorized by Brazil as 
``Imperiled.'' It has not been formally considered for listing in the 
appendices to CITES. However, it is listed on annex B of the European 
Union Trade Regulation.
    In the previous ANOR, the fluminense swallowtail was assigned an 
LPN of 5. After reevaluating the factors affecting the fluminense 
swallowtail and its population decline, we have determined that a 
change in the listing priority number to 2 is appropriate. The 
fluminense swallowtail does not represent a monotypic genus. The 
overall number of populations recorded for the species has declined and 
most of the remaining populations are small and fragmented. The species 
is currently affected by habitat destruction, which is high in 
magnitude and imminence. Despite the conservation measures in place, 
some of the remaining small populations may be impacted by illegal 
collection. On the basis of this new information, we have changed the 
LPN for the fluminense swallowtail from 5 to 2.

Candidate Removals

    Codfish Island fernbird (Bowdleria punctata wilsoni)--We have 
evaluated the threats to the Codfish Island fernbird (Bowdleria 
punctata wilsoni) and considered factors that, individually and in 
combination, currently or potentially could pose a risk to the species 
and its habitat. After a review of the best available scientific and 
commercial data, we conclude that listing this species under the Act is 
not warranted because it is not likely to become an endangered species 
within the foreseeable future throughout all or a significant portion 
of its range. Therefore, we no longer consider the Codfish Island 
fernbird to be a candidate species for listing. We will continue to 
monitor the status of this species and to accept additional information 
and comments concerning this finding. We will reconsider our 
determination in the event that we gather new information that 
indicates that the threats are of a considerably greater magnitude or 
imminence than identified through assessments of information contained 
in our files, as summarized below. More information on this species may 
be found in the supporting documents for this CNOR-FS.
    The Codfish Island fernbird is a small, insect-eating songbird 
native to Codfish Island, New Zealand. Codfish Island is a nature 
reserve, located 3 km (1.8 mi) off the northwest coast of Stewart 
Island. The subspecies was also successfully introduced to Putauhinu 
Island, approximately 40 km south of Codfish Island, in the late 1990s. 
The Codfish Island fernbird is secretive, and its main habitat is the 
pakihi, which consists of dense vegetation 0.9 to 2.1 m (3 to 7 ft) 
high. Fernbirds will also

[[Page 71463]]

occupy forest habitats as long as rat populations are absent. Fernbirds 
are poor fliers that typically scramble through vegetation, though they 
occasionally fly short distances.
    At its lowest point, in the early 1970s, the population was 
estimated to be less than 100 individuals. Although there is no current 
estimate of the size of the Codfish Island fernbird population, the 
population on Codfish Island as of 2007 was believed to be ``several 
hundred,'' with an additional 200-300 birds on Putauhinu Island, based 
on incidental encounter rates in the various habitats. Populations on 
both islands appear to have expanded into all available habitats and 
appear to be stable and secure. Historically, Codfish Island fernbird 
populations were greatly reduced in number due to predation by 
Polynesian rats and weka (Gallirallus australis), a flightless woodhen 
that is endemic to New Zealand. Codfish Island's native vegetation was 
also modified by the introduced Australian brush-tailed possum 
(Trichosurus vulpecula). These threats have now been eliminated through 
intensive eradication efforts. The Codfish Island fernbird population 
has rebounded strongly with the removal of nonnative predators in the 
1980s and 1990s. Additionally, forest habitat is now regenerating, and 
the fernbird has successfully recolonized and expanded its range on 
Codfish Island. With the introduction of the fernbird to a second 
island that is free of nonnative predators, the primary threats to the 
species have been eliminated.
    Neither the IUCN nor BLI have assessed the status of this 
subspecies. The New Zealand Department of Conservation (NZDOC) 
categorizes the Codfish Island fernbird as a range-restricted island 
endemic that is ``naturally uncommon.'' It is not listed in any 
appendices of CITES.
    In the previous ANOR, the Codfish Island fernbird was assigned an 
LPN of 12. After reevaluating the available information, we find that 
this subspecies no longer warrants listing. Although it is an island 
endemic that is restricted in range, the primary threat to the 
species--nonnative predators--has been removed, and the population has 
responded and expanded throughout its known historical range on Codfish 
Island, occupying all available habitats. In addition, conservation 
efforts by NZDOC have resulted in the establishment of a second 
population on Putauhinu island that is free of nonnative predators, and 
that population has expanded and appears to be secure. Finally, the two 
islands occupied by the Codfish Island fernbird have restricted access, 
such that reestablishment of nonnative predators is extremely unlikely. 
In the unlikely event of nonnative predators reappearing on either 
island, NZDOC has a proven track-record of success in eradicating 
mammalian predators from these islands. Therefore, we have determined 
that this subspecies no longer warrants listing and are removing it 
from the candidate list.

Findings for Petitioned Candidate Species

Birds

    Southern helmeted curassow (Pauxi unicornis)--Like the Sira 
curassow (see above), the Southern helmeted curassow is a game bird 
with a distinctive pale-blue horn-like appendage, or casque, above its 
bill. The southern helmeted curassow is known only from central Bolivia 
on the eastern slope of the Andes, where large portions of its habitat 
are in National Parks. The species inhabits dense, humid, foothill and 
lower montane forest and adjacent evergreen forest at altitudes between 
450 and 1,500 m (1,476 to 4,921 ft).
    The total population of southern helmeted curassow is estimated to 
be between 1,500 and 7,500 individuals and is declining. Hunting is 
believed to be the primary threat to the species, followed by habitat 
loss and degradation. Although the National Parks have been important 
for the preservation of the species, financial and human resources 
needed to protect park resources are limited. Within the Parks, there 
are human settlements and ongoing encroachment, including illegal 
logging operations and forest clearing for farming. Rural development 
and road building limit the species' ability to disperse. Range 
reductions due to climate change are also predicted for the southern 
helmeted curassow, when warming temperatures may cause the species to 
shift its distribution upslope and outside of protected National Parks.
    The southern helmeted curassow is classified as critically 
endangered on the IUCN Red List. Trade has not been noted 
internationally, and the species is not listed in any appendices of 
CITES. The species is listed in annex D of the European Union Trade 
Regulations.
    In the previous ANOR, the southern helmeted curassow was assigned 
an LPN of 2. After reevaluating the threats to the species, we have 
determined that no change in the LPN is warranted. The southern 
helmeted curassow does not represent a monotypic genus. It faces 
threats that are high in magnitude based on its small, limited range. 
The few locations where it is believed to exist continue to face 
pressure from hunting and habitat loss and destruction, and population 
decline will likely continue. Because the species is experiencing 
ongoing significant population declines and habitat loss, we have made 
no change to the LPN of 2, which reflects imminent threats of high 
magnitude.
    Bogot[aacute] rail (Rallus semiplumbeus)--The Bogot[aacute] rail is 
found in the East Andes of Colombia, South America. It is a medium-
sized nonmigratory rail largely restricted to areas at elevations from 
2,500-4,000 m (8,202-13,123 ft) in and surrounding Bogot[aacute], 
Columbia, on the Ubat[eacute]-Bogot[aacute] Plateau. This region 
formerly supported vast marshes and swamps, but few lakes with suitable 
habitat for the rail remain. The species is secretive, and wetland 
habitats most frequently used by rail are fringed by dense vegetation-
rich shallows. The current population size of the Bogot[aacute] rail is 
estimated between 1,000 and 2,499 mature individuals and is thought to 
be declining. The primary threat to the rail is habitat loss and 
degradation. Approximately 8 million people live in the City of 
Bogot[aacute] and 11 million in the larger metro area. The wetlands 
have experienced a 97-percent loss in historical extent with few 
suitably vegetated marshes remaining. Additionally, road building may 
result in further colonization and human interference, including 
introduction of nonnative species in previously stable wetland 
environments. The Bogot[aacute] rail is listed as endangered at the 
global and national level by IUCN. Trade does not appear to be of 
concern at the international level, and the species is not listed in 
any appendices of CITES.
    In the previous ANOR, the Bogot[aacute] rail was assigned an LPN of 
2. After reevaluating the threats to this species, we have determined 
that no change in the LPN for the species is needed. The Bogot[aacute] 
rail does not represent a monotypic genus. It faces threats that are 
high in magnitude due to the pressures on the species' habitat. Its 
range is very small and is rapidly contracting because of widespread 
habitat loss and degradation. Although portions of the Bogot[aacute] 
rail's range occur in protected areas, most of the savanna wetlands are 
unprotected. The population is small and is believed to be rapidly 
declining. The factors affecting the species are ongoing, and are, 
therefore, imminent. Thus, the LPN remains at 2 to reflect imminent 
threats of high magnitude.
    Takahe (Porphyrio hochstetteri)--The takahe is a large flightless 
bird in the rail family. The takahe was once widespread in the forest 
and grassland ecosystems of New Zealand. It was

[[Page 71464]]

thought to be extinct until it was rediscovered in the Murchison 
Mountains on the South Island of New Zealand in 1948. In addition to 
its native range on the mainland, the takahe has been introduced to 
offshore islands and mainland sanctuaries.
    When rediscovered in 1948, it was estimated that the takahe 
population consisted of 100 to 300 birds; in 2013, the population was 
estimated at 227 adult birds. Several factors have historically led to 
the species' decline, including hunting, competition from introduced 
herbivores (animals that feed on plants), and predators such as weasels 
and the weka, a flightless woodhen that is endemic to New Zealand. 
Currently, weasel predation appears to be the most significant of these 
threats. Weasel trapping is an effective tool at slowly increasing 
survival and reproductive output of takahe; however, control efforts do 
not completely eliminate the threat. Takahe is a long-lived bird, 
potentially living between 14 and 20 years, and has a low reproductive 
rate, with clutches consisting of one to three eggs. Severe weather in 
the Murchison Mountains (cold winters and high snowfall) may also be a 
limiting factor to the takahe. The population of takahe remains very 
small and has low genetic diversity relative to other species. The 
NZDOC is currently attempting to manage further loss of genetic 
diversity through translocations. Additionally, NZDOC has implemented a 
captive-breeding and release program to supplement the mainland 
population and has established several reserve populations on islands 
and fenced mainland sites; these actions are having a positive effect 
on population growth. The takahe is listed as endangered on the IUCN 
Red List, and New Zealand considers it to be a nationally critical 
species. It is not listed in any appendices of CITES as international 
trade is not a concern.
    In the previous ANOR, the takahe was assigned an LPN of 8. After 
reevaluating the threats to the takahe, we have determined that no 
change in the classification of the magnitude and imminence of threats 
to the species is warranted at this time. The takahe does not represent 
a monotypic genus. Although it has a small population, limited suitable 
habitat, and may experience inbreeding depression, because the NZDOC is 
actively involved in measures to aid the recovery of the species, we 
find the threats are moderate in magnitude. Despite conservation 
efforts, the threats are ongoing and, therefore, imminent. Lack of 
suitable habitat and predation, combined with the takahe's small 
population size and naturally low reproductive rate, are threats to 
this species that are moderate in magnitude. Thus, the LPN remains at 8 
to reflect imminent threats of moderate magnitude.
    Chatham oystercatcher (Haematopus chathamensis)--The Chatham 
oystercatcher is native to the Chatham Island group located 860 km (534 
mi) east of mainland New Zealand. The species breeds along the 
coastline of four islands in the chain: Chatham, Pitt, Rangatira, and 
Mangere. The Chatham oystercatcher is found mainly along rocky shores, 
including wide volcanic rock platforms and occasionally on sandy or 
gravelly beaches.
    The Chatham oystercatcher is the rarest oystercatcher in the world, 
with a recent population estimate of 309 birds. The species has 
experienced a three-fold increase in its population since the first 
reliable census was conducted in 1987. Most of this increase occurred 
during a period of intensive management, especially predator control, 
from 1998 through 2004. The Chatham oystercatcher is listed as 
nationally critical by the NZDOC. It is classified as ``Endangered'' on 
the IUCN Red List and is not listed in any appendices of CITES.
    Predation of eggs and chicks, and to a lesser extent of adults, is 
thought to be the main impediment to the Chatham oystercatcher 
population. Although Mangere and Rangatira nature reserves are free of 
all mammalian predators, nonnative mammalian predators inhabit Chatham 
and Pitt Islands. Feral cats are the most common predator on eggs. 
Other documented predators include gulls (Larus spp.), the native brown 
skua (Catharacta antarctica), weka, and domestic dogs. Nest destruction 
and disturbance by humans and livestock are also noted threats. Habitat 
loss and degradation has occurred from introductions of nonnative 
Marram grass (Ammophila arenaria) in the early 1900s to re-vegetate 
destabilized dunes. The dense marram grass is unsuitable for Chatham 
oystercatcher nesting. Consequently, the Chatham oystercatcher is 
forced to nest closer to shore, where nests are vulnerable to tides and 
storm surges; up to 50 percent of eggs are lost in some years. Rising 
sea levels associated with climate change will likely affect future 
nesting success.
    In the previous ANOR, the Chatham oystercatcher was assigned an LPN 
of 8. After reevaluating the threats to this species, we have 
determined that no change in the classification of the magnitude and 
imminence of threats to the species is warranted. The Chatham 
oystercatcher does not represent a monotypic genus. The current 
population estimate is very small, and the species has a limited range, 
but NZDOC has taken measures to recover the species and the population 
is slowly growing. However, threats (predation, trampling, low 
population numbers, and loss of eggs due to storm surges) are ongoing 
and, thus, are imminent. The LPN remains an 8 to reflect imminent 
threats of moderate magnitude.
    Orange-fronted parakeet (Cyanoramphus malherbi)--The orange-fronted 
parakeet was once well distributed on the South Island of mainland New 
Zealand and a few offshore islands. It is now considered the rarest 
parakeet in New Zealand. Remaining naturally occurring populations are 
restricted to limited range (30 km (18.6 mi)) of four areas of 
subalpine mature beech forests (Nothofagus spp.), on the South Island. 
Orange-fronted parakeets have also been released onto four predator-
free islands where breeding has been confirmed.
    The species' range contracted when its population was severely 
reduced in the late 1800s and early 1900s for unknown reasons. 
Information on current population status is mixed, but optimistic. The 
population experienced another crash in 1990-2000 following rat 
invasions. The population is still small and has declined over the last 
decade with estimates between 290 and 690 individuals in early 2013. 
The 2013 estimates indicated further declines on the mainland and, 
during a 14-year period (approximately three generations), a reduction 
in the number of mature birds. More recently, the global population is 
reported as increasing due to successful translocations to predator-
free islands and control of predators in its range on the South Island.
    The most prominent factors affecting the species on the mainland 
are predation by nonnative mammals such as weasels and rats (Rattus 
spp.), as well as habitat destruction. Habitat loss and degradation has 
affected large areas of native forest on the mainland. In addition, 
silviculture (care and cultivation) of beech forests in the past had 
removed mature trees with nest cavities needed by the parakeet. The 
species' habitat is also degraded by introduced herbivores that alter 
forest structure in a way that reduces the available feeding habitat 
for the parakeet. Lastly, Beak and Feather Disease Virus (BFDV) is a 
potential threat to this species. The disease was discovered in wild 
native birds in New Zealand in 2008 (e.g., the red-fronted parakeet, 
Cyanoramphus novaezelandiae) though it has not been documented in the 
orange-fronted

[[Page 71465]]

parakeet. Infected birds either develop immunity, die within a couple 
of weeks, or become chronically infected. Chronic infections result in 
feather loss and deformities of beak and feathers.
    In the previous ANOR, the orange-fronted parakeet was assigned an 
LPN of 8. After reevaluating the factors affecting the species, we have 
determined that no change in the classification of the magnitude of 
threats to the species is warranted because NZDOC is actively managing 
the species. The orange-fronted parakeet does not represent a monotypic 
genus. Although the species' available suitable nesting habitat in 
beech forests is extremely limited, translocations have taken place and 
seem to be successful. However, the population is still small and 
vulnerable to several threats despite management efforts that may have 
stabilized the population (albeit at small numbers). Small populations 
may also be vulnerable to stochastic events, including disease 
outbreaks such as BFDV. We find that the threats to this species are 
still imminent; thus, the LPN remains at 8 to reflect imminent threats 
of moderate magnitude.
    Uvea parakeet (Eunymphicus uvaeensis)--The Uvea parakeet is a 
relatively large, green parakeet found on the small atoll of Uvea, 
located approximately 1,500 km (932 mi) east of Australia in the 
Loyalty Archipelago, New Caledonia (a territory of France). The entire 
island of Uvea is considered an Important Bird Area by BirdLife 
International which works with communities to combine conservation with 
sustainable livelihoods. To date, however, we are unaware of any 
designated reserves or provincial parks. Uvea parakeets were introduced 
to the adjacent island of Lifou (to establish a second population) in 
1925 and 1963, but these introductions failed. The species occupies 
both the north and south end of Uvea Island. The species primarily uses 
older (old-growth) forest habitats and nests in the cavities of living 
Syzygium and Mimusops trees. Their exclusive use of tree cavities for 
nesting may be a limiting factor. In 1977, the Uvea parakeet population 
was estimated to be between 500 to 800 individuals. More recent 
analyses provided two population estimates of approximately 1,730 birds 
with varying confidence intervals.
    Historically, the primary threat to this species was the capture of 
juveniles for the pet trade, which involved cutting open nesting 
cavities to extract nestlings; this practice renders the holes 
unsuitable for future nesting. Since restrictions have been put into 
place and the species has been more closely monitored, it appears that 
nest poaching is no longer occurring such that it significantly affects 
this species, and the population has increased. Other identified 
threats to the species include: Habitat degradation and conversion, 
loss of nesting cavities to bees, loss of habitat through climate 
change, and the potential for introduction of nonnative predators. 
Artificial nests are being installed to increase available nesting 
sites; however, Uvea parakeets have not yet used the artificial nests 
provided. Uvea is a low-elevation and relatively flat island. Climate 
change (and associated sea-level rise) will likely result in loss of 
forest habitat or important food species and is considered a 
substantial threat to the persistence of Uvea parakeets. The limited 
occupied range of the species (only 34 km\2\ (13 mi\2\)) in a few 
fragmented patches on Uvea, amplifies this threat. Uvea parakeet is 
listed as ``Endangered'' on the IUCN Red List. It is listed in appendix 
I of CITES and annex A of the European Union Trade Regulations.
    In the previous ANOR, the Uvea parakeet was assigned an LPN of 8. 
After reevaluating the threats to this species, we have determined that 
no change in the classification of the magnitude and imminence of 
threats to the species is warranted. The Uvea parakeet does not 
represent a monotypic genus. The Uvea parakeet has a limited 
distribution on a single small island with limited remaining old-growth 
forest on which the bird depends for nesting cavities. The population 
has increased in size due to conservation, education, a ban on 
commercial trade, and a reduction in poaching; however, several threats 
(including habitat loss, loss of nesting cavities and effects from 
climate change) are still present and ongoing and, therefore, imminent. 
The LPN remains an 8 to reflect imminent threats of moderate magnitude.
    Helmeted woodpecker (Dryocopus galeatus)--The helmeted woodpecker 
is a fairly small woodpecker native to regions of southern Brazil, 
eastern Paraguay, and northeastern Argentina. Its characteristic 
habitat is expansive, well-preserved southern Atlantic Forest in both 
lowland and montane areas from sea level up to elevations of 1,000 m 
(3,280 ft). It is believed to prefer mature (old-growth) trees in 
tropical and subtropical semi-deciduous forests as well as in mixed 
deciduous-coniferous forests.
    The helmeted woodpecker's population is believed to have declined 
sharply between 1945 and 2000 in conjunction with the clearing of 
mature forest habitat and is currently estimated at 400-8,900 
individuals. Although forest clearing has recently slowed, and the 
species occurs in at least 17 protected areas throughout its range, 
habitat degradation continues and the population is still believed to 
be declining. The principal threat to the helmeted woodpecker is loss, 
degradation, and fragmentation of its Atlantic forest habitat. 
Competition for nest cavities is also likely a limiting factor. The 
helmeted woodpecker is one of the rarest woodpecker in the Americas. It 
is listed as endangered in Brazil and as vulnerable by the IUCN. It is 
not listed in any appendices of CITES.
    In the previous ANOR, the helmeted woodpecker was assigned an LPN 
of 8. After reevaluating the available information, we find that no 
change in the LPN for the helmeted woodpecker is warranted. The 
helmeted woodpecker does not represent a monotypic genus. The magnitude 
of threats to the species is moderate because the species' range is 
fairly large. The threats are imminent because the forest habitat upon 
which the species depends is still being altered and degraded. An LPN 
of 8 continues to be accurate for this species.
    Okinawa woodpecker (Dendrocopos noguchii syn. Sapheopipo 
noguchii)--The Okinawa woodpecker is a relatively large woodpecker 
found on Okinawa Island, Japan. The species prefers undisturbed, 
mature, subtropical evergreen broadleaf forests. It currently occurs 
within the forested areas in the northern part of the island, generally 
in the Yambaru forest, and in some undisturbed forested in coastal 
areas. Most of the older forests that support the species are within 
the Jungle Warfare Training Center (formerly, the Northern Training 
Area), part of the United States Marine Corps installation on Okinawa 
Island.
    The Okinawa woodpecker is considered one of the world's rarest 
woodpecker species. Current population estimates are between 100 and 
390 individuals and declining.
    Habitat destruction and fragmentation was a significant threat. As 
of 2001, only 40 km\2\ (15 mi\2\) of suitable habitat was available for 
this species. While most of the habitat loss appears to have ceased, 
the Okinawa woodpecker still suffers from limited suitable habitat and 
a small population size. This situation makes it vulnerable to 
extinction from disease and natural disasters such as typhoons. In 
addition, the species is vulnerable to introduced predators such as 
feral dogs and cats, Javan mongoose (Herpestes javanicus), and weasels 
(Mustela itatsi). The species is listed as critically endangered on the 
IUCN Red List. It is

[[Page 71466]]

legally protected in Japan. It is not listed in any appendices of 
CITES.
    In the previous ANOR, the Okinawa woodpecker was assigned an LPN of 
2. After reevaluating the available information, we find that no change 
in the LPN is warranted. The Okinawa woodpecker does not represent a 
monotypic genus. Threats to the species are of high magnitude due to 
the scarcity of old-growth habitat, upon which the species is 
dependent. Its population is very small and is believed to still be 
declining, and species with fragmented habitat in combination with 
small population sizes may be at greater risk of extinction due to 
synergistic effects. The threats to the species are ongoing and 
imminent and high in magnitude due to its restricted population size, 
past habitat loss, and endemism. The LPN for this species remains a 2 
to reflect imminent threats of high magnitude.
    Yellow-browed toucanet (Aulacorhynchus huallagae)--The yellow-
browed toucanet has a small range on the east slope of the Andes of 
north-central Peru at elevations of 2,000-2,600 m (6,562-8,530 ft). The 
toucanet occurs in humid montane forests. The population status is not 
well known because of the inaccessibility of its habitat, but is 
estimated at 600-1,500 mature individuals. Habitat loss and destruction 
from deforestation for agriculture has been widespread in the region 
and is suspected to be the main threat, although deforestation appears 
to have occurred mainly below the altitudinal range of this toucanet. 
Gold mining and manufacturing also are common in the region. The 
yellow-browed toucanet is described as scarce wherever found, and 
ongoing population declines resulting from habitat loss are assumed. It 
is classified as endangered on the IUCN Red List and is not listed in 
any CITES appendices.
    In the previous ANOR, the yellow-browed toucanet was assigned an 
LPN of 2. After reevaluating the available information, we find that no 
change in the classification of the magnitude and imminence of threats 
to the species is warranted at this time. The yellow-browed toucanet 
does not represent a monotypic genus. The estimated population is small 
with a restricted range. The magnitude of threats to the habitat 
remains high, and its population is likely declining. The LPN remains a 
2 to reflect imminent threats of high magnitude.
    Ghizo white-eye (Zosterops luteirostris)--The Ghizo white-eye is a 
small passerine (perching) bird. It is endemic to the small island of 
Ghizo in the Solomon Islands in the South Pacific Ocean, east of Papua 
New Guinea. The total range of the Ghizo white-eye is estimated to be 
less than 35 km\2\ (13.5 mi\2\), of which less than 1 km\2\ (0.39 
mi\2\) is the old-growth forest that the species apparently prefers.
    Little information is available about this species and its habitat. 
It is locally common in old-growth forest patches and less common 
elsewhere. The species has been observed in a variety of habitats on 
the island, but it is unknown whether sustainable populations can exist 
outside of forested habitats. The population is estimated to be between 
250 and 999 mature individuals and is suspected to be declining due to 
habitat degradation, particularly since a tsunami hit the island in 
2007. Habitat loss appears to be the main threat. As of 2012, the human 
population on the island was 7,177 and growing rapidly, and there has 
been prolific growth in informal human settlements and temporary 
housing on Ghizo, which may be adversely affecting the Ghizo white-eye 
and its habitat. Areas around Ghizo Town, which previously supported 
the species, have been further degraded since the town was devastated 
by the 2007 tsunami, and habitat was found less likely able to support 
the species in 2012. The species is also affected by conversion of 
forested areas to agricultural uses. The old-growth forest on Ghizo is 
still under pressure from clearance for local use as timber, firewood, 
and gardens, as are the areas of secondary growth, which are already 
suspected to be suboptimal habitat for this species.
    The population of this species is believed to be declining and, 
given its fragmented habitat in combination with small population 
sizes, may be at greater risk of extinction due to synergistic effects. 
The IUCN Red List classifies this species as endangered. It is not 
listed in any appendices of CITES, and this species is not in 
international trade.
    In the previous ANOR, the Ghizo white-eye was assigned an LPN of 2. 
After reevaluating the available information, we find that no change in 
the LPN for this species is warranted. The Ghizo white-eye does not 
represent a monotypic genus. It faces threats that are high in 
magnitude due to declining suitable habitat and its small, declining 
population size. The best available information indicates that forest 
clearing is occurring at a pace that is rapidly denuding the habitat; 
secondary-growth forest continues to be converted to agricultural 
purposes. Further, the human population on the small island is likely 
contributing to the reduction in old-growth forest for local uses such 
as gardens and timber. These threats to the species are ongoing, of 
high magnitude, and imminent. Thus, based on the best available 
scientific and commercial information, the LPN remains a 2 for this 
species.
    Black-backed tanager (Tangara peruviana)--The black-backed tanager 
is endemic to the coastal Atlantic Forest region of southeastern 
Brazil. It has been found in the coastal states of Espirito Santo, Rio 
de Janeiro, S[atilde]o Paulo, Paran[agrave], Santa Catarina, and Rio 
Grande do Sul. The species is generally restricted to the sand-forest 
``restinga'' habitat, which is a coastal component habitat of the 
greater Atlantic Forest complex. Restingas are herbaceous, shrubby 
coastal sand-dune habitats. The black-backed tanager is primarily found 
in undisturbed habitat but has also been observed in secondary (or 
second-growth) forests. It has also been observed visiting gardens and 
orchards of houses close to forested areas. Within suitable habitat, 
the black-backed tanager is generally not considered rare. The 
population estimate is between 2,500 to 10,000 mature individuals. 
Populations currently appear small and fragmented and are believed to 
be declining.
    The primary factor affecting this species is the rapid and 
widespread loss of habitat, mainly to urban expansion and beachfront 
development. Its habitat is under pressure from the intense development 
that occurs in coastal areas, particularly south of Rio de Janeiro. In 
addition to the overall loss and degradation of its habitat, the 
remaining tracts of its habitat are severely fragmented. The black-
backed tanager's remaining suitable habitat in the areas of Rio de 
Janeiro and Paran[aacute] have largely been destroyed, and habitat loss 
and degradation will likely increase in the future. Additionally, 
although small portions of this species' range occur in six protected 
areas, protections appear limited. Sea-level rise may also affect this 
species, which inhabits coastal areas. Habitat loss due to sea-level 
rise may be compounded by an increased demand by humans to use 
remaining land for housing and infrastructure. These factors affecting 
the black-backed tanager's remaining habitat are ongoing due to the 
challenges that Brazil faces to balance its competing development and 
environmental priorities. The black-backed tanager is classified as 
vulnerable by the IUCN. It is not listed in any appendices of CITES. It 
is listed as vulnerable in Brazil.
    In the previous ANOR, the black-backed tanager was assigned an LPN 
of

[[Page 71467]]

8. After reevaluating the available information, we have determined 
that no change in the LPN for this species is warranted at this time. 
The black-backed tanager does not represent a monotypic genus. This 
species is protected under Brazil's National Environmental Policy Act 
(Law 6.938 of 1981), and several other laws implementing protection for 
fauna. Despite these laws, its habitat continues to diminish. We find 
that threats (primarily habitat loss) to the species are moderate in 
magnitude due to the species' fairly large range, its existence in 
protected areas, and apparent flexibility in diet and habitat 
suitability. Threats are imminent because the species is at risk due to 
ongoing and widespread loss of habitat due to beachfront and related 
development. Therefore, an LPN of 8 remains valid for this species.
    Lord Howe Island pied currawong (Strepera graculina crissalis)--The 
Lord Howe Island pied currawong is a fairly large crow-like bird, 
endemic to Lord Howe Island, New South Wales, Australia. Lord Howe 
Island is a small island northeast of Sydney, Australia, with 28 
smaller islets and rocks. The Lord Howe pied currawong occurs 
throughout the island but is most numerous in the mountainous areas on 
the southern end. It has also been recorded to a limited extent on the 
Admiralty Islands, located 1 km (0.6 mi) north of Lord Howe Island. 
Approximately 75 percent of Lord Howe Island, plus all outlying islets 
and rocks within the Lord Howe Island group, are protected under the 
Permanent Park Preserve, which has similar status to that of a national 
park. The Lord Howe Island pied currawong breeds in rainforests and 
palm forests, particularly along streams.
    The best current population estimate in 2005 and 2006 indicated 
that there were approximately 200 individuals. The Lord Howe Island 
pied currawong exists as a small isolated population, which makes it 
vulnerable to stochastic events. The potential for an introduction of 
other exotic predators to this island ecosystem has also been 
identified as an issue for this species. In addition to its small 
population size, direct persecution (via shootings) by humans in 
retaliation for predation on domestic and endemic birds has been 
documented. The incidence of shootings has declined since the 1970s, 
when conservation efforts on Lord Howe Island began, but occasional 
shootings were still occurring as of 2007.
    Because the Lord Howe pied currawong often preys on small rodents, 
it may be subject to nontarget poisoning during ongoing rat-baiting 
programs. Experimental efforts to develop techniques to house the birds 
in aviaries while rat-baiting programs take place show promise for 
protecting the species during these eradication efforts. The 
subspecies' status is not addressed by IUCN. It is not listed in any 
appendices of CITES as trade is not an issue for this taxon. The New 
South Wales Threatened Species Conservation Act of 1995 lists the Lord 
Howe pied currawong as ``Vulnerable'' due to its extremely limited 
range and its small population size.
    In the previous ANOR, the Lord Howe pied currawong was assigned an 
LPN of 6. After reevaluating the threats to the Lord Howe pied 
currawong, we have determined that no change in the LPN representing 
the magnitude and imminence of threats to the subspecies is warranted. 
The Lord Howe pied currawong does not represent a monotypic genus. It 
faces threats that are high in magnitude due to a combination of 
factors including its extremely small population size, and nontarget 
poisoning. Despite conservation efforts, the population of the Lord 
Howe pied currawong has remained small. Species with small population 
sizes such as these may be at greater risk of extinction due to 
synergistic effects of factors affecting this species. However, because 
conservation efforts for the species have been implemented, and the 
species is being closely managed and monitored, we find that the 
threats are nonimminent. Thus, based on the best available information, 
the LPN remains at 6 to reflect nonimminent threats of high magnitude.

Invertebrates (Butterflies)

    Jamaican kite swallowtail (Protographium marcellinus, syn. 
Eurytides)--The Jamaican kite swallowtail is a small blue-green and 
black butterfly endemic to Jamaica. The species occurs in limestone 
forest containing its only known larval host plant, Oxandra lanceolata. 
There is no known estimate of population size. The Jamaican kite 
swallowtail was historically locally abundant. Presently it maintains 
low population levels with occasional strong flight seasons with higher 
numbers. There is only one known breeding site in the eastern coast 
town of Rozelle, in St. Thomas Parish, near Kingston (Jamaica's 
capital). However, researchers now believe that there are likely other 
breeding sites--one potential site being Jamaica's Cockpit Country, a 
remote and rugged forested region in the west-central portion of the 
island.
    Habitat loss, degradation, and fragmentation are considered to be 
the primary factors affecting the Jamaican kite swallowtail. 
Additionally, the species is vulnerable due to its small population 
size and limited distribution on the island. After centuries of a high 
rate of deforestation, the island lost much of its original forest. 
Eight percent of the total land area of Jamaica is natural forest with 
minimal human disturbance. In Rozelle, habitat modification for 
agricultural and industrial purposes such as mining has diminished this 
species' habitat. Most of the damage took place decades ago, but small 
farming still occurs there. The rugged terrain of the Cockpit Country 
has hindered large-scale exploitation of resources in the interior, but 
the periphery and surrounding plains are badly degraded. Major threats 
identified for the Cockpit Country include: Mining, forest conversion, 
nonnative invasive species, solid-waste disposal, incompatible 
agricultural practices, and collecting. Additionally, bauxite mining 
for aluminum production is an important economic activity for Jamaica 
and is a large contributor to deforestation. Jamaica's location in the 
hurricane belt increases its vulnerability to natural environmental 
events. Although the Jamaican Wildlife Protection Act of 1994 carries 
steep fines and penalties, illegal collection (see Harris' mimic 
swallowtail above) is a potential threat for the Jamaican kite 
swallowtail. The butterfly has been noted for sale on the internet as 
recently as 2015 for 150 Euros (164 USD). The species is classified as 
vulnerable on the IUCN Red List and IUCN indicates that this assessment 
needs updating. It is not is not listed in any appendices of CITES nor 
is it listed on annex B of the European Union Trade Regulations.
    In the previous ANOR, the Jamaican kite swallowtail was assigned an 
LPN of 2. After reevaluating the factors affecting the Jamaican kite 
swallowtail, we have determined that no change in LPN is warranted. The 
Jamaican kite swallowtail does not represent a monotypic genus. 
Although alternate breeding sites are likely, the only documented site 
and the presumed core population for this species is in one location 
that is vulnerable to stochastic environmental events such as 
hurricanes. Although Jamaica has taken regulatory steps to preserve 
native swallowtail habitat, plans for conservation of two vital areas 
for the butterfly (Rozelle and the Cockpit Country) have not been 
implemented. Based on our reevaluation of the threats to this species, 
the LPN remains a 2 to

[[Page 71468]]

reflect imminent threats of high magnitude.
    Hahnel's Amazonian swallowtail (Parides hahneli)--Hahnel's 
Amazonian swallowtail is a large black and yellow butterfly endemic to 
Brazil. It is known from three locations along the tributaries of the 
middle and lower Amazon River basin in the states of Amazonas and 
Par[aacute]. Its preferred habitat is old sand strips (stranded 
beaches) that are overgrown with dense scrub vegetation or forest found 
close to the major rivers. Hahnel's Amazonian swallowtail is described 
as very scarce and extremely localized in association with its 
specialized habitat and its larval host plant. Population size and 
trends are not known for this species. However, habitat alteration 
(e.g., for dam construction and waterway crop transport) and 
destruction (e.g., clearing for agriculture and cattle grazing) are 
ongoing in Par[aacute] and Amazonas where this species is found. 
Researchers are concerned that potential harmful impacts from habitat 
alterations are taking place before the butterfly can be better studied 
and its ecological needs can be understood.
    Collection (see Harris' mimic swallowtail above) is also a 
potential threat for Hahnel's Amazonian swallowtail. The species has 
been collected for commercial trade and may also be reared for trade. 
Locations in the wild have been kept secret given the high value of 
this butterfly to collectors. Two specimens of Hahnel's Amazonian 
swallowtail were recently noted in online sales from locations in the 
United States (500 USD) and Germany (approximately 166 USD). Hahnel's 
Amazonian swallowtail is described as data deficient by the IUCN Red 
List. The species is listed as endangered on the State of Par[aacute]'s 
list of threatened species, but it is not listed by the State of 
Amazonas or by Brazil. Hahnel's Amazonian swallowtail is not listed in 
any appendices of CITES. However, it is listed on annex B of the 
European Union Trade Regulations.
    In our previous ANOR, the Hahnel's Amazonian swallowtail was 
assigned an LPN of 2. After reevaluating the threats to the Hahnel's 
Amazonian swallowtail, we have determined that no change in the LPN is 
warranted. This swallowtail does not represent a monotypic genus. It 
faces threats that are high in magnitude and imminence due to its small 
endemic population, and limited and decreasing availability of its 
highly specialized habitat. Habitat alteration and destruction (e.g., 
dam construction, waterway crop transport, clearing for agriculture, 
and cattle grazing) are ongoing in Par[aacute] and Amazonas where the 
butterfly is found. These threats are high in magnitude due to the 
species' highly localized and specialized habitat requirements. 
Potential impacts from collection are unknown but could, in combination 
with other stressors, contribute to local extirpations. Based on a 
reevaluation of the threats, the LPN remains a 2 to reflect imminent 
threats of high magnitude.
    Kaiser-i-Hind swallowtail (Teinopalpus imperialis)--The Kaiser-i-
Hind swallowtail is native to Himalayan regions of Bhutan, China, 
India, Laos, Myanmar, Nepal, Thailand, and Vietnam. Although it has a 
relatively large range, it is restricted to higher elevations and 
occurs only locally within this range. This species occurs at altitudes 
of 1,500 to 3,050 m (4,921 to 10,000 ft) above sea level, in 
undisturbed (primary) broad-leaved-evergreen forests or montane 
deciduous forests. Adults fly up to open hilltops above the forests to 
mate, where males will often defend mating territories. Larval host-
plants are limited to Magnolia and Daphne spp., and in some regions the 
Kaiser-i-Hind swallowtail is strictly monophagous, only using a single 
species of Magnolia as a host plant. Despite the species' widespread 
distribution, populations are described as being very local and never 
abundant. Even early accounts of the species described it as being a 
very rare occurrence. Habitat destruction is believed to negatively 
affect this species, which prefers undisturbed high-altitude forests. 
In China and India, the Kaiser-i-Hind swallowtail populations are 
affected by habitat modification and destruction due to commercial and 
illegal logging. In Nepal, the species is affected by habitat 
disturbance and destruction resulting from mining, wood collection for 
use as fuel, deforestation, collection of fodders and fiber plants, 
forest fires, invasion of bamboo species into the oak forests, 
agriculture, and grazing animals. In Vietnam, the forest habitat is 
reportedly declining. The Forest Ministry in Nepal considers habitat 
destruction to be a critical threat to all biodiversity, including the 
Kaiser-i-Hind swallowtail. Comprehensive information on the rate of 
degradation of Himalayan forests containing the Kaiser-i-Hind butterfly 
is not available, but habitat loss is consistently reported as one of 
the primary ongoing threats to the species there.
    Collection for commercial trade is also regarded as a threat to the 
species. The Kaiser-i-Hind swallowtail is highly valued and has been 
collected and traded despite various prohibitions. Although it is 
difficult to assess the potential impacts from collection, it is 
possible that collection in combination with other stressors could 
contribute to local extirpations of small populations.
    Since 1996, the Kaiser-i-Hind swallowtail has been categorized on 
the IUCN Red List as ``Lower Risk/near threatened,'' but IUCN indicates 
that this assessment needs updating. The Kaiser-i-Hind swallowtail has 
been listed in CITES appendix II since 1987. Additionally, the Kaiser-
i-Hind swallowtail is listed on annex B of the European Union Trade 
Regulations.
    After reevaluating the threats to this species, we have determined 
that no change in its LPN of 8 is appropriate. The Kaiser-i-Hind 
swallowtail does not represent a monotypic genus. The current factors, 
habitat destruction and illegal collection, are moderate in magnitude 
due to the species' wide distribution and to various protections in 
place within each country. We find that the threats are imminent due to 
ongoing habitat destruction and high market value for specimens. Based 
on our reassessment of the threats, we have retained an LPN of 8 to 
reflect imminent threats of moderate magnitude.

Findings for Non-Petitioned Candidate Species

Molluscs

    Colorado delta clam (Mulinia coloradoensis)--The Colorado Delta 
clam is a relatively large, approximately 30 mm (1.2 in) average 
length, estuarine bivalve, once abundant at the head of the Gulf of 
California in the Colorado River estuary in Mexico prior to the 
construction of dams on the Colorado River. Live individuals of the 
clam were not observed anywhere in the wild between 1968 and 1998, 
despite extensive studies of bottom-dwelling fauna in the region. In 
1998, a small relict population was discovered at Isla Montague, 
Mexico, at the mouth of the Colorado River Delta, and this population 
represents the extent of the species' currently known range. The clam 
is found in low intertidal mud at depths of about 7 cm (2.75 in) 
beneath the sediment and is a suspension-feeder. Freshwater inflow is 
critical to the species' survival because brackish water (a mix of salt 
and fresh water) is an important component of its habitat and life 
history. We are unaware of precise estimates of the population size for 
the Colorado Delta clam, but a 90-percent decline since dam 
construction has been suggested.
    Habitat loss and degradation are considered to be the primary 
factors affecting the Colorado Delta clam. Additionally, the species is 
now

[[Page 71469]]

vulnerable due to its small population size and limited distribution. 
Dams and diversions along the Colorado River have greatly affected the 
estuarine environment, decreasing freshwater, nutrient and sediment 
inflow. The Colorado Delta clam may have experienced a greater than 90-
percent reduction in its occupied range caused by the decrease in 
freshwater flow to the estuary.
    Agricultural return flow from the Mexicali Valley, coupled with 
aquifer inflow, is a very important freshwater source ensuring the 
maintenance of the estuarine environment in the Delta and the continued 
survival of the clam. In 2009, the U.S. completed lining of the All-
American Canal to prevent water loss via seepage. Prior to lining, 
water seepage from the All-American Canal was an important source of 
recharge to the Mexicali Valley aquifer. The All-American Canal lining 
is predicted to reduce total recharge to the Mexicali Valley aquifer, 
which will reduce the freshwater inflow into the Delta. Additionally, 
predicted increases in drought and warmer temperatures associated with 
climate change will contribute to deterioration of the clam's habitat 
by further curtailing freshwater inflow and favoring nonnative invasive 
aquatic species to the detriment of native species like the Colorado 
Delta clam. The species has not been assessed for the IUCN Red List. It 
is not threatened by international trade, and it is not listed in any 
appendices of CITES.
    In the previous ANOR, the Colorado Delta clam was assigned an LPN 
of 2. After reevaluating the factors affecting the clam, we have 
determined that no change in LPN is warranted. The Colorado Delta clam 
does not represent a monotypic genus. The available evidence indicates 
that Colorado delta clam is now restricted to one relict population at 
Isla Montague at the mouth of the Colorado River delta. Its habitat is 
currently affected by the ongoing and continuing (i.e., imminent) loss 
of freshwater input into the Delta. Furthermore, the available 
information indicates that loss of freshwater will likely worsen in the 
near- and long-term future. Since habitat containing the entire range 
of the species may be rendered unsuitable within the near future, we 
find that threats are of high magnitude. Therefore, we find the 
Colorado delta clam is subject to high-magnitude imminent threats, and 
we retain an LPN of 2 for this species.

Preclusion and Expeditious Progress

    To make a finding that a particular action is warranted but 
precluded, the Service must make two determinations: (1) That the 
immediate proposal and timely promulgation of a final regulation is 
precluded by pending listing proposals and (2) that expeditious 
progress is being made to add qualified species to either of the lists 
and to remove species from the lists (16 U.S.C. 1533(b)(3)(B)(iii)). A 
listing proposal is precluded if the Service does not have sufficient 
resources available to complete the proposal, because there are 
competing demands for those resources, and the relative priority of 
those competing demands is higher. Thus, in any given fiscal year (FY), 
multiple factors dictate whether it will be possible to undertake work 
on a listing proposal regulation or whether publication of such a 
proposal is precluded by higher-priority listing actions, including: 
(1) The amount of resources available for completing the listing 
function; (2) the estimated cost of completing the proposed listing; 
and (3) the Service's workload and prioritization of the proposed 
listing in relation to other actions.
    The resources available for listing actions are determined through 
the annual Congressional appropriations process. The appropriation for 
the Listing Program is available to support work involving the 
following listing actions: Proposed and final listing rules; 90-day and 
12-month findings on petitions to add species to the Lists of 
Endangered and Threatened Wildlife and Plants (Lists) or to change the 
status of a species from threatened to endangered; annual 
determinations on prior ``warranted-but-precluded'' petition findings 
as required under section 4(b)(3)(C)(i) of the Act; critical habitat 
petition findings; proposed and final rules designating critical 
habitat; and litigation-related, administrative, and program-management 
functions (including preparing and allocating budgets, responding to 
Congressional and public inquiries, and conducting public outreach 
regarding listing and critical habitat).
    The work involved in preparing various listing documents can be 
extensive and may include, but is not limited to: Gathering and 
assessing the best scientific and commercial data available and 
conducting analyses used as the basis for our decisions; writing and 
publishing documents; and obtaining, reviewing, and evaluating public 
comments and peer review comments on proposed rules and incorporating 
relevant information into final rules. The number of listing actions 
that we can undertake in a given year also is influenced by the 
complexity of those listing actions; that is, more complex actions 
generally are more costly.
    We cannot spend more than is appropriated for the Listing Program 
without violating the Anti-Deficiency Act (see 31 U.S.C. 
1341(a)(1)(A)). In addition, in FY 1998 and for each fiscal year since 
then, Congress has placed a statutory cap on funds that may be expended 
for the Listing Program, equal to the amount expressly appropriated for 
that purpose in that fiscal year. This cap was designed to prevent 
funds appropriated for other functions under the Act (for example, 
recovery funds for removing species from the Lists), or for other 
Service programs, from being used for Listing Program actions (see 
House Report 105-163, 105th Congress, 1st Session, July 1, 1997).
    Prior to FY 2012, there was no distinction in appropriations for 
listing domestic and foreign species. However, in an effort to balance 
foreign species listing commitments with other Listing Program 
responsibilities, effective FY 2012 and for each fiscal year since 
then, the Service's Listing Program budget has included a foreign 
species subcap providing that funding is not to exceed a specified 
amount for implementation of subsections (a), (b), (c), and (e) of 
section 4 of the Act for species that are not indigenous to the United 
States (see Conference Report 112-331, 112th Congress, 1st session, 
Dec. 15, 2011).
    Thus, through the listing program cap and the foreign species 
subcap, Congress has determined the amount of money available for 
foreign species listing activities, including petition findings and 
listing determinations.
    In FY 2016, the Service had $1,504,000 that could be used for 
listing actions for foreign species. This funding supports work in the 
following categories: Compliance with court orders and court-approved 
settlement agreements requiring that petition findings or listing 
determinations be completed by a specific date; section 4 (of the Act) 
listing actions with absolute statutory deadlines; essential 
litigation-related, administrative, and listing program-management 
functions; and high-priority listing actions for some of our candidate 
species.
    In addition, available staff resources are also a factor in 
determining which high-priority species are provided with funding. The 
Branch of Foreign Species may, depending on available staff resources, 
work on species described within this CNOR-FS with an LPN of 2 or 3, 
and when appropriate, species with a lower priority if they overlap 
geographically or have the same threats as the species with the high 
priority.

[[Page 71470]]

    Based on the prioritization factors mentioned above, we continue to 
find that proposals to list the candidate species included in this 
CNOR-FS are all precluded by higher-priority listing actions. Because 
the actions in table 2 below are either the subject of a court-approved 
settlement agreement or subject to an absolute statutory deadline and, 
thus, are higher priority than work on proposed listing determinations 
for the 20 species described above, publication of proposed rules for 
these 20 species is precluded.

          Table 2--Pending ESA Foreign Species Listing Actions
------------------------------------------------------------------------
              Species                              Action
------------------------------------------------------------------------
           Actions Subject to Court Order/Settlement Agreement
------------------------------------------------------------------------
All have been completed (See table  ....................................
 3 below for these specific
 actions).
------------------------------------------------------------------------
                    Actions With Statutory Deadlines
------------------------------------------------------------------------
Scarlet macaw.....................  Final listing determination.
Virgin Islands coqui..............  12-month petition finding.
Hyacinth macaw....................  Final listing determination.
Peary, and Dolphin and Union        12-month petition finding.
 caribou.
3 Aral Sea sturgeon species.......  12-month petition finding.
3 East Asian sturgeon species.....  12-month petition finding.
11 tarantula species..............  12-month petition finding.
4 Persian sturgeon species........  12-month petition finding.
Ridgway's hawk eagle..............  12-month petition finding.
15 bat species....................  12-month petition finding.
Emperor penguin...................  12-month petition finding.
Flores hawk-eagle.................  12-month petition finding.
Three-toed pygmy sloth............  12-month petition finding.
Egyptian tortoise.................  12-month petition finding.
Golden conure.....................  12-month petition finding.
2 Australian parakeet species.....  Final listing determination.
Flat-tailed tortoise..............  12-month petition finding.
Spider tortoise...................  12-month petition finding.
7 pangolin species................  12-month petition finding.
African elephant..................  12-month petition finding.
Long-tailed chinchilla............  12-month petition finding.
------------------------------------------------------------------------

    As explained above, a determination that listing is warranted but 
precluded must also demonstrate that expeditious progress is being made 
to add and remove qualified species to and from the Lists. As with our 
``precluded'' finding, the evaluation of whether progress in adding 
qualified species to the Lists has been expeditious is a function of 
the resources available for listing and the competing demands for those 
funds. Our expeditious progress for foreign species since publication 
of our previous ANOR, published on April 25, 2013 (78 FR 24604), to 
October 17, 2016, includes preparing and publishing the following:

 Table 3--ESA Foreign Species Listing Actions Published Since the Previous ANOR Was Published on April 25, 2013
----------------------------------------------------------------------------------------------------------------
      Publication date                Species                  Action                       FR pages
----------------------------------------------------------------------------------------------------------------
6/5/2013....................  Scimitar-horned oryx,    12-month petition       78 FR 33790-33797
                               dama gazelle, and        findings; delisting
                               addax.                   not warranted.
6/12/2013...................  Chimpanzee.............  12-month petition       78 FR 35201-35217
                                                        finding and proposed
                                                        rule.
6/25/2013...................  Broad-snouted caiman...  Final rule; threatened  78 FR 38162-38190
                                                        with special rule.
9/11/2013...................  Southern white rhino...  Interim rule:           78 FR 55649-55656
                                                        Threatened due to
                                                        similarity of
                                                        appearance.
9/24/2013...................  Ten sturgeon species...  90-day finding;         78 FR 58507-58510
                                                        initiation of status
                                                        review.
10/3/2013...................  Blue-throated macaw....  Final rule: Endangered  78 FR 61208-61219
10/29/2013..................  Five birds from          Final rule; endangered  78 FR 64692-64733
                               Columbia and Ecuador.
11/19/2013..................  Vicu[ntilde]a in         Notice of initiation    78 FR 69436-69437
                               Argentina, Bolivia,      of 5-year review.
                               Chile, Ecuador, and
                               Peru.
12/3/2013...................  Eleven tarantula         90-day findings;        78 FR 72622-72625
                               species.                 initiation of status
                                                        reviews.
12/5/2013...................  Straight-horned markhor  Proposed rule           78 FR 73173-73185
                                                        revision; Threatened
                                                        with special rule.
1/22/2014...................  Fifteen foreign bats,    90-day findings;        79 FR 3559-3562
                               emperor penguin,         initiation of status
                               Flores hawk-eagle,       reviews.
                               Ridgway's hawk, and
                               Virgin Islands
                               coqu[iacute].
5/20/2014...................  Southern white rhino...  Affirmation of interim  79 FR 28847-28849
                                                        rule as final rule:
                                                        Threatened due to
                                                        similarity of
                                                        appearance.
6/9/2014....................  Flat-tailed tortoise,    90-day findings;        79 FR 32900-32903
                               spider tortoise, and     initiation of status
                               pygmy three-toed sloth.  reviews.
6/24/2014...................  Philippine cockatoo and  Final rule; endangered  79 FR 35870-35900
                               yellow-crested
                               cockatoo.
6/24/2014...................  White cockatoo.........  Final rule; threatened  79 FR 35870-35900
                                                        with special rule.

[[Page 71471]]

 
10/7/2014...................  Straight-horned markhor  Final rule: Threatened  79 FR 60365-60379
                                                        with special rule.
10/29/2014..................  African lion...........  Proposed rule:          79 FR 64472-64502
                                                        Threatened with
                                                        special rule.
4/10/2015...................  Egyptian tortoise,       90-day findings;        80 FR 19259-19263
                               golden conure, and       initiation of status
                               long-tailed chinchilla.  reviews.
6/16/2015...................  Chimpanzee.............  Final rule; endangered  80 FR 34500-34525
7/29/2015...................  Honduran emerald         Final rule; endangered  80 FR 45086-45097
                               hummingbird.
10/2/2015...................  Great green and          Final rule; endangered  80 FR 59976-60021
                               military macaw.
12/23/2015..................  Lion--Panthera leo leo.  Final rule; endangered  80 FR 80000-80056
12/23/2015..................  Lion--Panthera leo       Final rule; threatened  80 FR 80000-80056
                               melanochaita.            with special rule.
1/21/2016...................  Scarlet-chested          Reopening of the        81 FR 3373-3374
                               parakeet and turquoise   public comment period.
                               parakeet.
3/16/2016...................  African elephant,        90-day findings;        81 FR 14058-14072
                               Chinese pangolin,        initiation of status
                               giant ground pangolin,   reviews.
                               Indian pangolin, long-
                               tailed pangolin,
                               Philippine pangolin,
                               Sunda pangolin, tree
                               pangolin.
4/7/2016....................  Scarlet macaw..........  Revised proposed        81 FR 20302-20316
                                                        listing rule.
----------------------------------------------------------------------------------------------------------------

    Our expeditious progress also includes work on pending listing 
actions described above in our ``precluded finding,'' but for which 
decisions had not been completed at the time of this publication. After 
taking into consideration the limited resources available for listing 
foreign species, the competing demands for those funds, and the 
completed work catalogued in the tables above, we find that we are 
making expeditious progress to add qualified species to the Lists in FY 
2016.
    We have endeavored to make our listing actions as efficient and 
timely as possible, given the requirements of the relevant law and 
regulations, and constraints relating to workload and personnel. We are 
continually considering ways to streamline processes or achieve 
economies of scale, such as by publishing related actions together.

Monitoring

    Section 4(b)(3)(C)(iii) of the Act requires us to ``implement a 
system to monitor effectively the status of all species'' for which we 
have made a warranted-but-precluded 12-month finding, and to ``make 
prompt use of the [emergency listing] authority [under section 4(b)(7)] 
to prevent a significant risk to the well-being of any such species.'' 
For foreign species, the Service's ability to gather information to 
monitor species is limited. The Service welcomes all information 
relevant to the status of these species, because we have no ability to 
gather data in foreign countries directly and cannot compel another 
country to provide information. Thus, this CNOR-FS plays a critical 
role in our monitoring efforts for foreign species.
    With each CNOR-FS, we request information on the status of the 
species included in the CNOR-FS. Information and comments on the annual 
findings can be submitted at any time. We review all new information 
received through this process as well as any other new information we 
obtain using a variety of methods. We collect information directly from 
range countries by correspondence, from peer-reviewed scientific 
literature, unpublished literature, scientific meeting proceedings, and 
CITES documents (including species proposals and reports from 
scientific committees). We also obtain information through the permit-
application processes under CITES, the Act, and the Wild Bird 
Conservation Act (16 U.S.C. 4901 et seq.). We also consult with the 
IUCN species specialist groups and staff members of the U.S. CITES 
Scientific and Management Authorities, and the Division of 
International Conservation; and we attend scientific meetings, when 
possible, to obtain current status information for relevant species. As 
previously stated, if we identify any species for which emergency 
listing is appropriate, we will make prompt use of the emergency 
listing authority under section 4(b)(7) of the Act.

References Cited

    A list of the references used to develop this CNOR-FS is available 
at http://www.regulations.gov at Docket No. FWS-HQ-ES-2016-0072.

Authors

    This Candidate Notice of Review of Foreign Species was primarily 
authored by staff of the Branch of Foreign Species and Jesse D'Elia, 
Ecological Services Program, U.S. Fish and Wildlife Service.

Authority

    This Candidate Notice of Review of Foreign Species is published 
under the authority of the Endangered Species Act of 1973, as amended 
(16 U.S.C. 1531 et seq.).

    Dated: September 29, 2016.
Stephen Guertin,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2016-24931 Filed 10-14-16; 8:45 am]
 BILLING CODE 4333-15-P