80_FR_45231 80 FR 45086 - Endangered and Threatened Wildlife and Plants; Listing the Honduran Emerald Hummingbird (Amazilia luciae)

80 FR 45086 - Endangered and Threatened Wildlife and Plants; Listing the Honduran Emerald Hummingbird (Amazilia luciae)

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 80, Issue 145 (July 29, 2015)

Page Range45086-45097
FR Document2015-18602

We, the U.S. Fish and Wildlife Service (Service), are listing the Honduran emerald hummingbird (Amazilia luciae) as endangered under the Endangered Species Act of 1973, as amended (Act). This species is endemic to Honduras, and the population is estimated to be between 5,000 and 10,000 breeding pairs. Its suitable habitat has decreased significantly in the past 100 years; habitat degradation, fragmentation, and loss have been identified as the primary threats to the continued survival of this species.

Federal Register, Volume 80 Issue 145 (Wednesday, July 29, 2015)
[Federal Register Volume 80, Number 145 (Wednesday, July 29, 2015)]
[Rules and Regulations]
[Pages 45086-45097]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-18602]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R9-ES-2009-0094; 450 003 0115]
RIN 1018-AY64


Endangered and Threatened Wildlife and Plants; Listing the 
Honduran Emerald Hummingbird (Amazilia luciae)

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), are listing 
the Honduran emerald hummingbird (Amazilia luciae) as endangered under 
the Endangered Species Act of 1973, as amended (Act). This species is 
endemic to Honduras, and the population is estimated to be between 
5,000 and 10,000 breeding pairs. Its suitable habitat has decreased 
significantly in the past 100 years; habitat degradation, 
fragmentation, and loss have been identified as the primary threats to 
the continued survival of this species.

DATES: This final rule is effective August 28, 2015.

FOR FURTHER INFORMATION CONTACT: Janine Van Norman, Chief, Branch of

[[Page 45087]]

Foreign Species, Ecological Services Program, U.S. Fish and Wildlife 
Service, 4401 North Fairfax Drive, Room 420, Arlington, VA 22203; 
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

I. Purpose of the Regulatory Action

    We are listing the Honduran emerald hummingbird as endangered under 
the Endangered Species Act (ESA or Act) (16 U.S.C. 1531 et seq.) as 
habitat degradation, fragmentation, and loss have been identified as 
primary threats to the continued survival of this species.

II. Major Provisions of the Regulatory Action

    This action lists the Honduran emerald hummingbird as endangered on 
the List of Endangered and Threatened Wildlife at 50 CFR 17.11(h).

Background

    The ESA was passed to prevent extinction of species by providing 
measures to help alleviate the loss of species and their habitats. 
Before a plant or animal species can receive the protection provided by 
the ESA, it must first be added to one of the Federal Lists of 
Endangered and Threatened Wildlife and Plants. Section 4 of the ESA and 
its implementing regulations at part 424 of title 50 of the Code of 
Federal Regulations (CFR) set forth the procedures for adding species 
to these lists.

Previous Federal Actions

    On June 23, 2010, we published a 90-day finding (75 FR 35746) on 
the petition announcing that we would initiate a status review to 
determine if listing this species is warranted. On January 2, 2013, we 
published a 12-month finding and proposed rule (78 FR 59) to list this 
species as endangered under the Act.

Summary of Comments

    We base this final rule on a review of the best scientific and 
commercial information available, including all information we received 
during the public comment period. In the January 2, 2013, proposed rule 
(78 FR 59), we requested that all interested parties submit information 
that might contribute to development of a final rule. The public 
comment period was open for 60 days, ending March 4, 2013. We also 
contacted appropriate scientific experts and organizations, and invited 
them to comment on the proposed listing in accordance with our peer 
review policy, described in the section below. We received five (5) 
comments during the comment period including two from peer reviewers, 
one comment from the Petitioner, one comment containing three reports, 
and one non-substantial comment. These comments are available at http://www.regulations.gov in Docket No. FWS-R9-ES-2009-0094. The information 
in the comments provided updated life history information about the 
species, documented where this species has been recently observed, and 
provided an updated population estimate (5,000-10,000 breeding pairs). 
This information is described in the Summary of Changes from Proposed 
Rule section below as well as incorporated into the rule.

Peer Review

    In accordance with our policy, ``Notice of Interagency Cooperative 
Policy for Peer Review in Endangered Species Act Activities,'' that was 
published on July 1, 1994 (59 FR 34270), we sought the expert opinion 
of three appropriate independent specialists regarding this rule. The 
purpose of such review is to ensure listing decisions are based on 
scientifically sound data, assumptions, and analysis. We sent copies of 
the proposed rule to the peer reviewers immediately following 
publication in the Federal Register. We invited these peer reviewers to 
comment, during the public comment period, on the specific assumptions 
and the data that were the basis for our conclusions regarding the 
proposal to list this species as endangered under the Act. We received 
comments from two peer reviewers.
    We reviewed all comments we received for substantive issues and new 
information regarding the proposed listing of this species; we address 
those comments in the section that follows. Comments that provided 
support or opposition without substantive information were noted, but 
not addressed in this final rule.

Summary of Changes From Proposed Rule

    This final rule incorporates the comments we received on our 
proposed listing and newly available scientific and commercial 
information. Peer reviewers generally commented that the proposed rule 
was thorough and comprehensive. New reports relevant to the Honduran 
emerald hummingbird and its habitat were submitted during the comment 
period. Two resources were provided which provided new population 
estimates. The estimated number of Honduran emerald hummingbirds in one 
study (INGTELSIG 2013) was estimated to be larger than other estimates; 
however, there were several aspects of the methodology, assumptions, 
and study design that were questioned by other scientists to the extent 
that we did not have confidence in the population estimate provided in 
the study (Anderson et al. 2013, pp. 9-14). The second resource 
provided the most significant change; based on recent surveys, the 
population of this species appears to be greater than was previously 
believed. At the time our proposed rule published, the most current 
population estimate was 200-1,000 individuals; new information provided 
during the public comment period indicates that the population of the 
Honduran emerald hummingbird is likely between 5,000 to 10,000 pairs 
(Anderson et al. 2013, p. 10). The new information is incorporated into 
this final listing determination. There are very few individuals 
studying and working closely with this species, and future studies are 
needed to obtain more precise estimates of the Honduran emerald 
hummingbird population. Our determinations were based on the best 
available scientific and commercial information. None of the 
information obtained during the comment period changed our final 
listing determination. A list of literature used in finalizing this 
determination and comments we received are available at http://www.regulations.gov under Docket No. FWS-R9-ES-2009-0094.

Species Information

Taxonomy

    This hummingbird species was first taxonomically described by 
Lawrence in 1867, and placed in the Trochilidae family as Amazilia 
luciae (BLI 2013, p. 1; Sibley and Monroe 1993, 1990). Common names for 
the species include Honduran emerald hummingbird, Ariane De Lucy 
(French), and in Honduras it is commonly known as the colibr[iacute] 
esmeralda Hondure[ntilde]o (Spanish). BLI and the Convention on 
International Trade in Endangered Species of Wild Fauna and Flora 
(CITES) both recognize the species as Amazilia luciae (BLI 2008, p. 1). 
We recognize this species as Amazilia luciae, which also follows the 
Integrated Taxonomic Information System (ITIS 2013). ITIS is a database 
maintained by a partnership of U.S., Canadian, and Mexican federal 
government agencies, other organizations, and taxonomic specialists to 
provide taxonomic information.

[[Page 45088]]

Description

    The Honduran emerald hummingbird is one of more than 325 
hummingbird species. Hummingbirds exhibit a wide range of flight-
related morphology and behavior based on ecological factors (Altshuler 
and Dudley 2002, p. 2,325). As do all hummingbirds, the Honduran 
emerald hummingbird exhibits slight sexual dimorphism (physical 
differences between the females and males), which is demonstrated in 
the coloring of its plumage. This species is a medium-sized hummingbird 
with an average length of 9.5 centimeters (3.7 inches) (BLI 2008, p. 
2). The male has an iridescent blue-green throat and upper chest and 
occasionally has a grey mottled coloring. Its back is an emerald green 
color, the ventral (underneath) side of the bird is pale grey with 
mottled green sides, and the tail is bright green with a bronze hint on 
the upper tail coverts (BLI 2008, p. 1). The plumage of the female is 
less brilliant (BLI 2008, p. 2). The tail of the female contains a grey 
tip, and the band of distinctive color on the throat of the female 
hummingbird is narrower, with pale edges (BLI 2008, p. 2; Monroe 1968, 
p. 183). Juveniles have grayish throats spotted with turquoise (BLI 
2008, p. 2).
    Hummingbird bills vary among species and are adapted for 
specialized feeding. The bill of the Honduran emerald hummingbird is 
black and slightly curved with a red mandible and dark tip and is 
slightly longer and more decurved (downward curving) bill than the 
closely related species A. candida (Monroe 1968, p. 182). The curvature 
of its bill is associated with foraging for nectar in plant species 
within its habitat (Gill 1987, p. 780).

Biology

    The Honduran emerald hummingbird historically has preferred arid 
interior valleys of thorn forest and shrubs. The Agu[aacute]n River 
Valley area rarely receives more than 76 centimeters (30 inches) of 
rain per year (Perez and Thorn 2012, pers. comm.; Gallardo 2010, http://www.birdsofhonduras.com). Due to the arid climate, many of the plant 
species are adapted to retain water and are succulents or contain 
spines as protection from herbivores. Many of the plants lose all their 
leaves in the dry season, and Honduran emerald hummingbird habitat may 
appear almost lifeless. Typical plants within its habitat include 
cacti, acacias, and other succulents. Three species of arborescent 
(tree-like) cacti have been associated with the Honduran emerald 
hummingbird's habitat: Pilosocereus maxonii, Stenocereus yunckeri 
(endemic), and Opuntia hondurensis (endemic) (House 2004, p. 15). The 
flowering of Opuntia hondurensis coincides with the nesting period of 
the Honduran emerald hummingbird (House 2004, p. 23). Large clusters of 
three species of orchids, Myrmecophila wendlandii, Laelia rubescens, 
and Encyclia nematocaulon, were found growing on cacti within the 
habitat (House 2004, p. 16). The trees and shrubs found in one study of 
its habitat were almost 100 percent deciduous (House 2004, p. 15). In 
larger, more mature trees, some bromeliads (when blooming are sources 
of nectar and energy) were found. Although epiphytes (plants that grow 
non-parasitically on another plant, such as a tree) are usually rare in 
this habitat type, some epiphytes are well adapted to the extremes of 
this environment.
    In Honduras, this habitat occurs primarily along the Gulf of 
Fonseca, in the Agalta Valley in the Olancho Department, and in the 
Agu[aacute]n Valley in the Yoro Department (for a map of the Honduran 
emerald populations, see our proposed rule, 78 FR 63). This species 
tends to be found in similar altitudes, although it has recently been 
observed at higher elevations (Germer 2013, pp. 1-2). Most of the 
hummingbird's occurrences have been noted at elevations between 150 and 
600 meters (492 and 1,968.5 feet (ft)) above sea level; however, other 
observations were recorded at 845 and 1,220 meters (2,772 and 4,003 ft) 
(Germer 2012; pp. 55-56; Sanchez et al. 2011, p. 69).
    The Honduran emerald hummingbird nests in March and April, and its 
nest has been observed in a Guayabillo tree (Eugenia lempana) (Espinal 
and Marineros 2008, p. 1). Its nests are made of cobwebs, lichens, and 
mosses, and it usually lays two eggs which hatch in 2\1/2\ weeks 
(Germer 2011, p. 52).
    Emerald hummingbirds are somewhat aggressive and territorial 
(Collar et al. 1992, p. 493; Howell and Webb 1989, p. 643), due to 
competition with other hummingbird species for resources. This species 
has been observed feeding at heights between 0.5 to 10 meters (2 to 32 
ft) (Howell and Webb 1989, p. 643). Some aspects of this species' 
behavior remain unclear, such as how far individuals disperse, what 
habitats are important for dispersal, and how the populations are 
linked genetically (Perez and Thorn 2012 pers. comm.; Anderson et al. 
2010, p. 7).
    As with all hummingbird species, the Honduran emerald hummingbird 
relies on nectar-producing flowers for food and energy, and relies on 
insects and spiders as sources of protein (Germer 2012, p. 2; Collar et 
al. 1992, p. 494). Thorn et al. (2000, p. 23) observed that habitat 
with abundant flowers, red in particular, appeared to be a critical 
characteristic for suitable habitat. Additionally, suitable habitat 
requirements include similar ecological conditions such as access to 
nectar and insects, rainfall, humidity and temperature. During one 
field study in Santa Barbara, Honduran emerald hummingbirds were 
observed hunting arthropods about 50 percent of their time (Stiles 
1985).
    Hummingbirds are known to ``disperse'' rather than ``migrate'' in 
the sense that they do not follow routine, standard, round-trip 
movements; they follow sources of food availability (Berthold et al. 
2003, pp. 40-41). Hummingbirds are the most specialized nectar-feeding 
birds in the New World (Graham et al. 2009, p. 19,673). Hummingbirds 
quickly shift to the best available sources of nectar; their choice of 
habitat may change concurrent with loss of their preferred food sources 
(Gill 1987, p. 785; Montgomerie et al. 1984). When a hummingbird's 
habitat does not provide its required resources, research indicates 
that they tend to abandon a territory and move to more productive areas 
(Feinsinger and Colwell 1978; Kodric-Brown and Brown 1978 in Justino et 
al. 2012, p. 194). Emerald hummingbirds are habitat generalists in the 
sense that they do not rely exclusively on a single species of plant 
for nourishment; rather, they utilize a wide variety of nectar-
producing plants to meet their nutritional requirements (Graham et al. 
2009, p. 19,675). Helicteres guazumaefolia, which produces nectar all 
year (as opposed to seasonally), was observed to be a preferred food 
source for the Honduran emerald hummingbird in Santa Barbara (Komar et 
al. 2013, pp. 25-26). This species has been observed actively foraging 
mid-morning, concurrent with the time during the day when nectar is 
most plentiful. For example, energy present in Heliconia stilesii 
flowers averaged 200 to 300 joules per flower in the early morning and 
300 to 500 joules per flower by midmorning (Gill 1987, pp. 781-782).
    Germer (2011) found that during the dry season, the Honduran 
emerald hummingbird can be found in gallery forests (forests that grow 
in corridors along wetlands or rivers, projecting into sparsely treed 
areas), or near bodies of water where humidity and abundance of small 
arthropods is greater. Its use of these areas is believed to reduce its 
metabolic cost and escape heat during the driest seasons (pp. 52-53). 
High variability between detections was observed, which could imply 
that the

[[Page 45089]]

species is not evenly distributed across the available habitat (Germer 
2011, pp. 52-53); it may move seasonally in search of food sources.
    In Yoro, the Honduran emerald hummingbird uses the species 
Pedilanthus camporum, which produces flowers year-round, and Nopalea 
hondurensis, which flowers generally between February and April, 90 
percent of the time observed. In the Coyoles area in the Agu[aacute]n 
Valley, the thorn forest is primarily comprised of Mimosaceae 
(herbaceous and woody species), Cactaceae (cactus species), and 
Euphorbiaceae (herbs, shrubs, trees, and some succulent species) 
(Collar et al. 1992, p. 494). In western Honduras, 90 percent of 
foraging observations were on Aphelandra scabra and Helicteres 
guazaumifolia. A list of plant species utilized by Honduran emerald 
hummingbirds is available in our proposed rule, 78 FR 63.

Population

    In our proposed rule (78 FR 59), we noted that several attempts 
have been made to estimate the population status of the Honduran 
emerald. In 2007, the total population was estimated to be between 200 
and 1,000 individuals (Anderson et al. 2007, p. 1). At the time of the 
publication of our proposed rule, the best estimate suggested a 
population of approximately 200-1000 individuals (BLI 2012, 
unpaginated; Perez and Thorn pers. comm. 2012).
    During the public comment period, we received additional 
information indicating that the total population estimate for Honduran 
emerald may be higher than previously believed. One study, published in 
2013, suggested that the population of Honduran emerald hummingbirds 
was significantly larger, estimated to be between 50,000 and 106,000 
individuals (INGTELSIG 2013). We find this to be an overestimate due to 
several erroneous assumptions in the study design and sampling 
methodology, which were described in Anderson et al. (2013, pp. 10-12). 
More recent studies and research suggests that there are between 5,000 
and 10,000 breeding pairs spread across seven separate populations 
(Anderson et al. 2013, p. 2). Table 1 provides the current population 
estimate for each of the populations based upon the best available 
scientific and commercial information submitted by researchers working 
with the species.

                 Table 1--Population Estimates by Valley
                       [Anderson 2013, pp. 2, 14]
------------------------------------------------------------------------
                                      Location of         Population
       Honduran department            population           estimate
------------------------------------------------------------------------
Santa Barbara Department........  Tencoa Valley.....  2,500-5,000
                                  Jicatuyo Valley...   breeding pairs.
                                  Quimist[aacute]n
                                   Valley.
Yoro Department.................  Agu[aacute]n        1,000-2,000
                                   Valley.             breeding pairs.
Olancho Department..............  Agalta Valley.....  1,000-2,000
                                  Telica Valley.....   breeding pairs.
                                  Guayape Valley      500-1,000 breeding
                                   (Valle de           pairs.
                                   Olancho).          Extirpated.
------------------------------------------------------------------------

Historic Distribution

    The Honduran emerald hummingbird is the only known endemic bird 
species in Honduras (Anderson and Devenish 2009, p. 258; Portillo 2007, 
p. 17; Thorn et al. 2000, p. 3; Collar et al. 1992, p. 493; Monroe 
1968, p. 182). Based on specimen data, the species was originally known 
to occur in four departments (which are similar to ``states'' in the 
United States): Cort[eacute]s and Santa Barbara in the west and Yoro 
and Olancho in the northeast. The Honduran emerald hummingbird was 
likely a forest inhabitant and described as locally common (Howell 
1989, p. 642). The locations and dates where this species has been 
documented are as follows:
     Catacamas, Olancho (1937 and 1991) (Howell and Webb 1992, 
pp. 46-47; Monroe 1968, p. 182).
     Cofrad[iacute]a, Cortes (1933) (Monroe 1968, p. 182).
     Coyoles, Yoro (1948 and 1950) (Monroe 1968, p. 182).
     El Boquer[oacute]n, Olancho (recorded September 1937) 
(Monroe 1968, p. 182).
     Olanchito, Yoro (1988) (Howell and Webb 1989, pp. 642-
643).
     Santa B[aacute]rbara, Santa B[aacute]rbara (1935) (Monroe 
1968, p. 182).
    Between 1950 and 1988 there were no recorded observations of the 
Honduran emerald hummingbird. In 1988, the species was described as 
common in Olanchito and Coyoles, which are located 16 km (9 miles) 
apart (BLI 2008, p. 2). In 1991, between 22 and 28 individuals were 
found in a patch of habitat measuring 500 by 50 meters (1,640 x 164 ft) 
near Olanchito (Howell and Webb 1992, pp. 46-47). In 1996, the bird was 
found in the Agalta Valley on less than 1 km\2\ (247 acres or .39 
square miles (mi\2\)) of suitable habitat (BLI 2008, p. 3).

Current Distribution

    Prior to its 1988 rediscovery in Olanchito and Coyoles, it was 
thought that habitat loss had restricted the Honduran emerald 
hummingbird to isolated patches of arid thorn-forest and scrub of the 
interior valleys of northern Honduras. Between 2007 and 2013, this 
species was documented in seven valleys in Honduras (Anderson et al. 
2013, p. 2; Germer 2012, pp. 52-60; Anderson 2010, p. 4) (see Fig. 1). 
In the Tencoa Valley (Santa Barbara), researchers found individuals in 
five habitat patches, each separated by at least 5 km (3 miles). These 
habitat fragments were between 5 and 60 hectares (ha) (12 and 148 
acres) each. It is estimated that the population in the Santa Barbara 
Department is approximately 200 km (124 miles) west of the nearest 
known population in the Agu[aacute]n Valley (Anderson 2010, p. 5). The 
Honduran emerald hummingbird density within the Santa Barbara 
Department has been estimated to be between 76 and 167 individuals per 
km\2\ (29-64 mi\2\) (Sanchez et al. 2011, p. 5), but its density varies 
based on food availability. BLI reports that its range is 400 km\2\ 
(154 mi\2\). However, local experts believe its actual extent of 
occurrence may be closer to 150 km\2\ (58 mi\2\) (Perez and Thorn pers. 
comm. 2012). Observations of the Honduran emerald hummingbird have been 
recently reported in western Honduras in the Quimist[aacute]n Valley 
(in the R[iacute]o Chamelec[oacute]n watershed) and Tencoa Valley 
(R[iacute]o Ul[uacute]a watershed), in the Santa Barbara Department 
where it had not been recorded since 1935. The westernmost occurrence 
of the species is in the Oro River Valley, near Sula in the 
municipality of Macuelizo. The northernmost site is in the Valley of 
Azacualpa, also in the municipality of Macuelizo.

[[Page 45090]]

Agalta Valley (Olancho Department)
    In 2007, this species was observed in the Agalta Valley and in the 
Telica Valley, both in the Olancho Department (Anderson and Hyman 2007, 
p. 6). The Agalta Valley is described as a remote region in the 
mountains of eastern Honduras containing over 1,000,000 ha (2,471,054 
acres) of land characterized as dry basin. Here, the Honduran emerald 
hummingbird's habitat primarily is on large, privately owned cattle 
ranches that have restricted access (Anderson et al. 2010, p. 3). The 
species has been known to occur in this valley since the mid-1990s 
(Anderson et al. 1998, p. 181). Although this species exists in the 
Agalta Valley, very little information regarding the factors affecting 
this species in this area are known. Reports indicate that areas that 
contain suitable habitat characteristics for the Honduran emerald 
hummingbird are being cleared for rice cultivation (Hyman 2012, pers. 
comm.; Bonta 2011, pers. comm.). Several of the remaining habitat 
patches are connected by narrow corridors of habitat along property 
lines and waterways, but most of the patches of remaining habitat are 
``islands'' within cattle pasture, which comprises approximately 90 
percent of the Valley's area (Bonta 2011, pers. comm.).
Agu[aacute]n Valley (Yoro Department)
    This hummingbird species is known in the Agu[aacute]n Valley, Yoro 
Department, in the areas of Olanchito and Coyoles, and is reported as 
relatively common, but only within its remaining suitable habitat 
(Gallardo 2010, p. 186; Thorn et al. 2000, pp. 22-23). This species has 
also been observed in New Valle del Rio de Oro, Valle de Azacualpa, and 
Rio Jicatuyo in the vicinity of San Luis. The Honduran emerald 
hummingbird's habitat formerly encompassed a large extent of the 
Agu[aacute]n Valley, a once pristine plain of nearly 4,662 km\2\ (1,800 
mi\2\). Ninety percent of its original habitat no longer exists in its 
original form due to the conversion of its habitat to banana 
plantations and cattle pasture. Much of the Honduran emerald 
hummingbird's habitat is on privately owned land and is often planted 
with nonnative grasses for cattle grazing (Perez and Thorn 2012, pers. 
comm.; Anderson pers. comm. 2008 in Petition 2008, p. 11). In some 
cases, it is planted with invasive grass species (http://www.birdlist.org/cam/honduras/hn_ecosystems.htm, accessed May 22, 
2012). Today, due to decades of unregulated and expanding cattle 
ranching, the hummingbird's dry forest range is limited to a few small, 
isolated islands of habitat. Its increasingly smaller ecosystems are 
surrounded by human-dominated landscapes. One estimate indicated that 
between 2,428 and 3,237 ha (6,000-8,000 acres) of suitable habitat 
remains in the Agu[aacute]n Valley, most of which is privately owned 
(Gallardo 2010, p. 186); however, other estimates indicate that the 
species has even less suitable habitat available than the above 
estimate (Perez and Thorn 2012 pers. comm.).
    The lands along the Agu[aacute]n River have periodically been 
devastated by banana diseases, floods, and hurricanes, particularly 
Hurricane Fifi in 1974 and Hurricane Mitch in 1998 (NOAA 2012, p. 2; 
Winograd 2006; USGS 2002, p. 5). This valley is on the south side of 
the Nombre de Dios Mountain Range, primarily in the Yoro Department 
(Gallardo 2010, p. 185). The Agu[aacute]n River Watershed is 10,546 
km\2\ (4,072 mi\2\ or 2,605,973 acres), is delimited by the tributaries 
of the Agu[aacute]n River, and extends across the departments of Yoro, 
Colon, Atl[aacute]ntida, and Olancho (WWF 2008, p. 12; see Map 5, Map 
of Honduras, Agu[aacute]n Valley at http://www.regulations.gov under 
Docket No. FWS-R9-ES-2009-0094). This valley experiences a unique 
microclimate in which most of the rain falls between June and November 
(Gallardo 2010, p. 185). The land in the Agu[aacute]n Valley is rich 
and fertile, and therefore, highly likely to be converted into 
agricultural lands fields, particularly in a country with a high 
poverty index that relies strongly on its land for agriculture (WWF 
2008, p. 2).
Western Honduras
    In 2000, a survey was conducted for the Honduran emerald 
hummingbird and concluded that it occurs in dry tropical forest 
(Anderson and Hyman 2007, pp. 1-4; Thorn et al. 2000, pp. 1-5). Upon 
the recent rediscovery of the species in western Honduras, researchers 
determined that the species was also residing in areas with different 
ecological characteristics (Anderson et al. 2010). Sites occupied by 
the Honduran emerald hummingbird in western Honduras are best described 
as semi-deciduous woodland, a habitat that has not previously been 
associated with the species. Canopy height in this area averages 15 
meters (49 ft), dominated by semi-deciduous broad-leaved tree species, 
principally Eugenia oerstediana, Bursera simaruba, and Tabebuia rosea, 
that form a relatively closed tree canopy. Common understory species 
are Agave parvidentata, Tillandsia fasciculata, Bromelia pinguin, 
Bromelia plumieri, and Acanthocereus pentagonus (Anderson 2010, p. 5). 
According to Komar et al. 2013, this species has been observed 
utilizing four habitats (dry forest, dry scrubland, wooded pasture, and 
lowland pine/oak forest).

Conservation Status

    The Honduran emerald hummingbird is listed as endangered by the 
IUCN (2012). The category of this species was reclassified as 
endangered from critically endangered following its recent discovery in 
the western part of Honduras, which increased its known range (BLI 
2012, pp. 1-2). Its IUCN classification is based on its very small and 
severely fragmented range and population. However, this status under 
IUCN conveys no actual protections to the species. The Honduran emerald 
hummingbird has been listed in Appendix II of CITES since October 22, 
1987, at which time all hummingbird species not previously listed in 
the Appendices were listed in Appendix II. Honduras and the United 
States are both Parties to CITES, an international treaty among 180 
nations through which member countries, called Parties, work together 
to ensure that international trade in CITES-listed animals and plants 
is not detrimental to the survival of wild populations. This goal is 
achieved by regulating import, export, and re-export of CITES-listed 
animal and plant species and their parts and products through a 
permitting system (http://www.cites.org). Appendix II includes species 
which although not necessarily now threatened with extinction may 
become so unless trade in specimens of such species is subject to 
strict regulation in order to avoid utilization incompatible with their 
survival; and other species which must be subject to regulation in 
order that trade in specimens of certain species threatened with 
extinction which are or may be affected by trade may be brought under 
effective control (CITES Article II(2)). International trade in 
specimens of Appendix II species may be authorized through a system of 
permits or certificates under certain circumstances, and must be in 
accordance with CITES Article IV. For example, export may only be 
authorized when: (1) The CITES Scientific Authority of the country of 
export has determined that the export will not be detrimental to the 
survival of the species; (2) the CITES Management Authority of the 
country of export has determined that the specimens to be exported were 
legally acquired; and (3) the CITES Management Authority of the country 
of export has determined that any living specimen will be so prepared 
and shipped as to minimize the risk of injury, damage to health or 
cruel

[[Page 45091]]

treatment (CITES Article IV(2)). In the United States, CITES is 
implemented through the Act and implementing regulations at 50 CFR part 
23.

Factors Affecting the Species

Introduction

    The most serious threat affecting this species is the continued 
degradation and fragmentation of existing habitat, and the complete 
loss of habitat (estimated to be 90 percent) over the past 100 years 
due to land conversion from prime thorn forest habitat to banana 
plantations, agriculture, and cattle pastures (Komar et al. 2013, p. 
28; Perez and Thorn 2012, pers. comm.). Studies published in 2013 
indicate that in Santa Barbara, the area that contains the most 
suitable habitat for the Honduran emerald hummingbird, agriculture, 
cattle grazing, coffee cultivation, mining, dam construction, and fires 
are the primary factors contributing to the degradation, fragmentation 
and loss of habitat (Komar et al. 2013, p. 37; Anderson et al. 2013, 
pp. 1-3). This loss of habitat interacts with the ecologically 
deleterious factors associated with palm oil production, land 
ownership, pesticides and fertilizers, roads, hydroelectric and 
development projects, international trade, disease and predation, small 
and declining populations, and other factors in affecting the Honduran 
emerald hummingbird's habitat. These factors are discussed in detail 
below.

Habitat Degradation and Fragmentation

    Honduras has been steadily losing thorn forest cover, particularly 
since the early 1960s, mostly due to the conversion of thorn forest 
areas to agricultural areas, such as cattle pastures and coffee, bean, 
corn, and banana plantations (World Wildlife Fund 2008, p. 11; Anderson 
pers. comm. 2008 in Petition 2008, p. 11; Portillo 2007, p. 75). In 
Yoro, there are only four large patches of suitable habitat for this 
species remaining (Perez and Thorn 2012, pers. comm.; Anderson 2010). 
The four largest fragments are between 360 and 476 ha (890 and 1,176 
acres), for a combined total of 1,704 ha (4,210 acres) (Anderson 2010, 
p. 6). In the Agu[aacute]n Valley, as of 2000, suitable habitat for the 
Honduran emerald had reduced in size to an estimated 8,495 ha (20,991 
acres) from 16,000 ha (39,537 acres) in 1977, and 30,000 ha (74,132 
acres) in 1938 (Thorn et al. 2000, p. 25). Even with the rediscovery of 
the species in Santa Barbara and the extension of its range in Olancho, 
the species' habitat has been reduced due to habitat conversion to 
plantations and cattle ranches (see Fig. 1; Perez and Thorn pers. comm. 
2012). Due to habitat destruction/degradation rates in Santa Barbara, 
no suitable habitat for the Honduran emerald hummingbird may remain by 
the year 2025 (Anderson et al. 2013, p. 5).
    In the last ~100 years, the Agu[aacute]n region has experienced 
three periods of agricultural economic growth (WWF 2008, p. 11). Thorn 
forests were initially cleared in the Agu[aacute]n Valley to create 
banana and plantain plantations and rice farms, as well as pasture for 
cattle (Stattersfield and Capper 2000, p. 311). However, after an 
outbreak of Panama disease occurred in bananas, the Agu[aacute]n Valley 
was largely abandoned, and much of the land reverted to pasture or 
forest. As a result of the agricultural reforms of the 1960s and 1970s, 
Honduran campesinos (farmers) received farmland in the Agu[aacute]n 
Valley and proceeded to clear and develop the Valley that was 
previously forested into an agricultural region. In the late 1970s, 
lands were again cultivated with disease-resistant varieties of 
bananas. In the Agu[aacute]n Valley, 10,319 ha (25,500 ac) now consist 
of banana plantations in an area known as the Barisma farm (Dole 2011, 
p. 67). One of the best patches of optimal Honduran emerald hummingbird 
habitat in the Agu[aacute]n Valley has practically disappeared due to 
its proximity to a nearby town (Thorn 2012, pers. comm.). Now, only a 
single forest remnant larger than 100 ha (247 ac) that is suitable for 
this species is known to exist in this valley (Anderson 2010, p. 6). 
Habitat suitable for Honduran emerald hummingbirds continues to be 
cleared by private landowners in order to plant pasture grass for 
grazing cattle (Hyman 2012 pers. comm.).
    Several hummingbird species have persisted in fragmented tropical 
landscapes (Stouffer & Bierregaard 1995 in Hadley & Betts 2009, p. 
207). However, hummingbird persistence at the landscape scale does not 
indicate that the population is at the same level it was prior to 
deforestation (Hadley & Betts 2009, p. 207). Flight paths used by the 
green hermit hummingbird (Phaethornis guy) indicate that gaps in 
suitable habitat alter hummingbird movement pathways (Hadley 2012, p. 
48; Hadley & Betts 2009, p. 209). Due to the fragmentation of their 
habitat, Honduran emeralds and other hummingbird species are forced to 
expend more energy moving between suitable habitat patches to breed, 
feed, and nest; the flight of hummingbirds is one of the most 
energetically demanding forms of animal locomotion (Buermann et al. 
2011, p. 1,671). In agricultural landscapes, hummingbirds were observed 
traveling longer distances and took more circuitous routes than in 
forested landscapes. Overall, movement paths were strongly linked to 
areas that contained higher forest cover (Hadley & Betts 2009, p. 209).
    Nectar is the primary source of carbohydrates for hummingbirds, and 
insects or pollen is the primary sources of protein for hummingbirds 
(Ara[uacute]jo et al. 2011, p. 827; Hegland et al. 2009, p. 188). 
Although studies of nutritional requirements have been conducted with 
respect to other hummingbird species, the home range required to 
support the breeding, feeding, and nesting requirements for each pair 
of Honduran emerald hummingbirds is unknown. Hadley noted in 2012 that 
plant densities, flower abundance, and flower quality (e.g., number of 
inflorescences, display size) can all be affected by landscape 
configuration such as edge effects (changes in population or community 
structures occurring at the boundaries of two habitats) due to factors 
such as light and humidity levels; therefore, hummingbird foraging 
behavior is likely sensitive to fragmentation (Hadley 2012, pp. 23-35). 
Efforts by Pico Bonito National Park Foundation (Fundaci[oacute]n 
Parque Nacional Pico Bonito (FUPNAPIB)) and others have attempted to 
preserve important parts of this species' habitat; however, even the 
areas designated as protected are experiencing habitat degradation 
(Hyman 2013, pp. 1-2).

Land Ownership

    Because approximately 84 percent of the Honduran emerald's suitable 
habitat is privately owned, it is difficult to provide protections to 
this species (Steiner 2012 pers. comm.; FAO 2010, p. 238). In many 
cases, the only sites in Honduras that have maintained a viable 
ecosystem in somewhat of a natural state are places with irregular 
topography. Subsequently, these areas have become protected or private 
nature reserves (Portillo 2007, p. 75). Much of this species' original 
habitat, thorn forest, has been cleared for housing, towns, 
agriculture, and cattle grazing (Stattersfield and Capper 2000, p. 311; 
Thorn et al. 2000, p. 4). This species' remaining habitat in the 
Agu[aacute]n Valley (Yoro Department) and Agalta Valley (Olancho 
Department) is primarily privately owned as large haciendas 
(plantations or farms), where cattle grazing, clearing for cattle, and 
plantation agriculture continues to occur (Stattersfield and Capper 
2000, p. 311). In the lower river valley, agricultural cooperatives are 
raising

[[Page 45092]]

citrus fruits, corn (maize), rice, and African palm for oil (WWF 2008, 
p. 12). Because most of this species' habitat is unprotected, the 
species is likely to continue to experience habitat degradation through 
conversion of its habitat to other uses such as cattle grazing and 
agricultural plantations.

Palm Oil Production

    Although palm oil plantations in the Agu[aacute]n River Basin have 
not been directly implicated as the cause of Honduran emerald habitat 
loss, palm oil plantations have replaced pasture lands that were left 
behind after the banana plantations diminished from their initial 
success during the first part of the 20th century (WWF 2008, p. 30). 
The palm oil production in the Agu[aacute]n River Basin is concentrated 
between Sava and Tumbaderos (WWF 2008, p. 17) and covers 28,082 ha 
(69,392 ac.). The area includes plantations, processing plants, 
nurseries, palm oil collecting sites, and other infrastructure. 
Honduras' palm oil industry exported over $21 million U.S. dollars' 
worth of palm oil in 2004, and Honduras is expected to increase its 
production of palm oil for biofuel (Silvestri 2008, pp. ii-iii). Other 
countries are encouraging Honduras to increase production of palm oil, 
which would likely affect the Agu[aacute]n River Basin (Silvestri 2008, 
pp. 47; WWF 2008, pp. 37-38). These changes in land use have had an 
environmental cost (WWF 2008, pp. 30, 53-54), such as land degradation 
through deforestation and exposure to fertilizers and pesticides, which 
are discussed below. Although the conversion to palm oil plantations 
may not be occurring directly in Honduran emerald hummingbird habitat, 
its effects may impact this species via the development of roads, 
habitat conversion, and settlements.
    To provide perspective on the magnitude of the production in this 
valley, the Agu[aacute]n Valley Palm Producers Association (APROVA) is 
a cooperative of 154 oil palm farmers (USDA 2012, pp. 1-3). In 2009, 
APROVA opened its first palm oil processing plant, which processes up 
to five tons of palm oil per day (USDA 2012, pp. 1-3); there are now 
five processing plants. As of 1938, within the Agu[aacute]n Valley 
30,000 ha (74,131 ac) were the arid, thorn forest preferred by the 
Honduran emerald (Tierra America 2012, pp. 1-2). By 1977, suitable 
habitat for the Honduran emerald hummingbird had been reduced to 16,000 
ha (39,537 ac), and in 2000, only 8,495 ha (20,991 ac) remained. Of 
that area, only 3,900 ha (9,637 ac) can be considered preserved well 
enough to sustain significant populations of the Honduran emerald 
hummingbird (Mej[iacute]a pers. comm. in Tierra America 2012).

                               Table 1--Land Reduction in the Agu[aacute]n Valley
----------------------------------------------------------------------------------------------------------------
                       Agu[aacute]n Valley                             Year          Hectares          Acres
----------------------------------------------------------------------------------------------------------------
Tropical Dry Forest.............................................            1938          30,000          74,131
Tropical Dry Forest.............................................            1977          16,000          39,537
Tropical Dry Forest.............................................            2000           8,495          20,991
----------------------------------------------------------------------------------------------------------------
Source: Thorn et al. 2000.

Pesticides and Fertilizers

    The World Wide Fund for Nature (WWF) notes that agricultural 
production yield level can only be increased with the use of 
agrochemicals such as fertilizer and pesticides, which in turn all have 
an environmental impact. Before palm oil tree canopies fully develop, 
sunlight is able to penetrate the ground resulting in aggressive weed 
growth and frequent weed control is needed. Mechanical weed mowers 
hauled by agricultural tractors are used to keep weeds at a manageable 
height in between rows. Before the canopy is fully developed, areas 
around young plants are kept free of competing weeds mostly by chemical 
herbicides and by manually removing them (WWF 2008, pp. 24-25). 
However, these plantations are approximately 161 km (100 miles) north 
of the Honduran emerald hummingbird's habitat, and are not known to 
directly affect this species (Hyman 2012, pers. comm.). Therefore, we 
do not find pesticides and fertilizers to be a threat to the continued 
existence of this species.

Roads

    Honduras is ranked among the countries with the lowest development 
of road networks in Central America (Acevedo et al. 2008, p. 1). The 
agricultural sector is the most important of the Honduran economy 
(Acevedo et al. 2008, p. 1); however, this sector is limited by 
difficulties of transportation and access to many of the productive 
areas of the country due to poor road infrastructure (Quintero et al. 
2007, pp. 15-18; Winograd 2006, pp. 1-5).
    Existing roads have been negatively impacted by hurricanes, 
flooding, and neglect after the crash of the banana industry. The 
Agu[aacute]n and Agalta valleys, which contain this species' preferred 
habitat, are some of the most productive agricultural areas of the 
country, and this change in land use has decreased the available 
suitable habitat for the Honduran emerald hummingbird (Acevedo et al. 
2008, p. 1). These agricultural areas of the country are in the 
departments of Atlantida (Agu[aacute]n Valley) and Olancho (Agalta and 
Guayape valleys) and include bananas, coffee, palm oil, corn, beans, 
edible vegetables, fruits, and other crops. The improvement and 
development of roads to transport agricultural products to economic 
hubs is being considered by the Government of Honduras, which may 
affect the Honduran emerald hummingbird's habitat.
    Growth in this economic sector is impeded by the lack of access to 
the most productive agricultural areas of the country due to poor road 
infrastructure. The road improvement project (Central Road, Route no. 
23) is funded by the World Bank through the ``Second Reconstruction and 
Improvement Project Road'' (World Bank 2013, pp. 1-3; World Bank 2011, 
pp. 1-3; Proceso Digital 2010). The road improvement project will 
likely bring more traffic, which will increase land speculation and 
settlement of homes along the road, ultimately impacting surrounding 
Honduran emerald hummingbird habitat (Perez and Thorn 2012, pers. 
comm.; Steiner and Coto 2011, pp. 1-2). Roads through prime Honduran 
emerald hummingbird habitat, which is presently affected by cultivation 
of bananas and plantains, link the river valley to the ports at Tela, 
La Ceiba, Trujillo, and Puerto Cort[eacute]s.
    There are plans to pave the road between Olanchito (Yoro 
Department) and San Lorenzo (Valle Department (southcentral Honduras)), 
an approximately 57-km (35-mile) stretch that currently passes through 
the Agu[aacute]n Valley, which will further impact this species' 
habitat (Hyman 2012; pers. comm.; World Bank 2011, pp. 1-3; Anderson 
pers. comm. 2008 in Petition 2008; Hyman 2007, p. 10). This project has 
been contingent on several factors,

[[Page 45093]]

such as a loan from the World Bank and implementation of measures to 
mitigate the impact on the environment. A 2007 World Bank report 
indicated that during the project planning stage, the scope of the 
project changed so that the road segment passing through vital habitat 
for the Honduran emerald hummingbird was not implemented (Quintero 
2007, pp. 14-16). In this report, the World Bank indicated that 
payments for an environmental services plan, if successfully 
implemented, could lead to the long-term protection of an additional 
1,000-2,000 ha (2,474-4,942 acres) of Honduran emerald hummingbird 
habitat on private lands. This, in turn, would address environmental 
concerns associated with the proposed paving of the Olanchito-San 
Lorenzo road (Quintero et al. 2007, p. 15). The original plans for this 
project included a target completion date of December 2014 (World Bank 
2013, pp. 1-2); however, the best available information indicates that 
the closing date of the loan has been extended to May 31, 2015 and 
implementation progress on the proposed infrastructure was rated as 
moderately successful (World Bank 2015, unpaginated; World Bank 2014, 
p. 1-6).
    The Agalta Valley is traversed by a highway that has been proposed 
to be repaved (Inter-American Development Bank 2013, pp. 1-2; Hyman 
2012, pers. comm). This region is an area with a high rate of poverty, 
and this highway is, in part, intended to improve the economic 
conditions in this region. This region contains approximately 50,000 
human inhabitants. The highway will complete the second paved transit 
route between the Pacific and Atlantic oceans in Honduras. The road is 
being improved in order to provide a better link between Tegucigalpa 
and the Atlantic coast of Honduras and will better connect the 
Departments of Francisco Moraz[aacute]n, Olancho, and Col[oacute]n. It 
is unclear how this highway will affect the remaining 5,000 ha (12,355 
ac) of this species' habitat (Bonta 2011, pers. comm.) in this valley.

Hydroelectric and Development Projects

    The construction of several development projects could possibly 
affect this species' habitat (Bonta 2012, pers. comm.) in the Agalta 
Valley and the Tencoa Valley. At least two hydroelectric projects have 
become operational in recent years (Bonta 2012, pers. comm.). These 
projects could likely result in more infrastructure development in the 
Valley, which could also affect the Honduran emerald hummingbird's 
habitat. Additionally, several agricultural development projects may be 
underway in the Agalta Valley (Bonta 2012, pers. comm.). Bonta 
indicates that the following projects, which can be located at http://www.hondurasopenforbusiness.com, are likely to affect the Honduran 
emerald hummingbird's habitat.
     AGR112: Production of Transgenic Certified Maize,
     AGR126: Cultivation of Pi[ntilde][oacute]n, Jatropha 
curcas, for biodiesel (5,000 ha in the Agalta Valley),
     AGR401: Cultivation of Pi[ntilde][oacute]n (5,000 ha in 
the Agalta Valley),
     AGR402: Cultivation of Pi[ntilde][oacute]n,
     FOR204: Teak (Tectona grandis) plantation: 20,000 ha in 
three valleys; estimate of 4,000 to 8,000 ha in the Agalta Valley.
    Although highway construction, agricultural development, and 
resulting infrastructure is likely to occur in the Agalta Valley, it is 
unclear how these activities would negatively affect the Honduran 
emerald hummingbird in this valley. To mitigate the effects of 
development in this area, a Honduran emerald hummingbird conservation 
strategy paper for the Agalta Valley was funded by the Inter-American 
Development Bank (IADB) and partially developed by the American Bird 
Conservancy. In the area of influence of IADB project HO-L1003, the 
strategy paper identified 20 remaining fragments of suitable Honduran 
emerald hummingbird habitat; all but one of these fragments is located 
on private land. The paper recommended development of a payments-for-
ecosystem-services scheme (PES scheme) as the most viable conservation 
option. This concept would compensate landowners for conserving or 
restoring Honduran emerald hummingbird habitat found on their land in 
the Agalta Valley; however, it is unclear whether this has been 
implemented (IADB 2013, pp. 1-2).

International Trade

    Data obtained from the United Nations Environment Programme--World 
Conservation Monitoring Center (UNEP-WCMC) show that, since its listing 
in CITES Appendix II in 1987, only two Honduran emerald hummingbird 
specimens have been recorded in international trade, involving two 
carcasses of unknown origin from Germany to the United States in 1996 
(UNEP-WCMC 2009b). Therefore, international trade is not a factor 
influencing the species' status in the wild. We are not aware of any 
other information that indicates that collection or overutilization of 
the Honduran emerald hummingbird is affecting this species.

Disease and Predation

    The Intergovernmental Panel on Climate Change (2014, pp. 1530-1532) 
suggests that the distribution of some disease vectors may change as a 
result of climate change. However, after conducting a status review of 
the Honduran emerald hummingbird and consulting with experts, we have 
no information at this time to suggest that any specific diseases are 
or may become problematic to this species.

Small and Declining Population

    In our proposed rule (78 FR 59), we found that the species' small 
population size (at the time of our proposal, estimated to be 200-1,000 
individuals) combined with its highly restricted and severely 
fragmented range, increased the species' vulnerability to adverse 
natural events. The species' potential exposure to extreme weather 
events such as hurricanes, extended periods of drought, or flooding, in 
combination with habitat loss and degradation was believed to be 
affecting the continued existence of the species throughout its range.
    During the public comment period, we received new information 
indicating that the population estimates were much higher than 
previously believed (5,000-10,000 breeding pairs) (see Population 
Estimates). Based upon this updated estimate, we have re-evaluated 
whether the populations are susceptible to the risks associated with 
small and declining populations as described in detail below.
    Endemic to Honduras, Honduran emeralds hummingbirds have been found 
in seven populations. In the Santa Barbara Department (western 
Honduras), they have been found in three separate valleys, Tencoa 
Valley, Jicatuyo/Ulua river valley, and the Quimistan Valley. Anderson 
et al. (2013, p. 14) estimates a combined population for these three 
valleys to be roughly 2,500-5,000 breeding pairs; however, the 
researcher notes that no comprehensive, peer-reviewed population 
estimate has been completed for this area and as such, there is no 
current information indicating how the populations are distributed 
between the three separate valleys. Anderson et al. (2010, p. 258) 
stated that during research in Tencoa Valley alone, they found 
individuals in five habitat fragments, each fragment measuring between 
5 to 60 hectares (ha), separated from each other by at least 5 km. A 
single individual was found in a 40 ha forest fragment in Quimistan 
Valley (Anderson et al. 2010, p. 258). In the Yoro Department, a single 
population

[[Page 45094]]

exists in the Agu[aacute]n Valley, a considerable distance from other 
known populations; Anderson et al. (2010, p. 259) estimates that the 
Santa Barbara populations are 200 km west of the population in the 
Agu[aacute]n Valley. Anderson et al. (2013, p. 14) estimates a 
population of 1,000-2,000 breeding pairs within the Agu[aacute]n 
Valley. In the Olancho Department, Honduran emeralds are found in three 
separate valleys, Agalta, Tilica, and Guayape. Anderson et al. (2013, 
p. 14) estimates a population of 1,000-2,000 breeding pairs within 
Agalta Valley. In Guayape, the species is believed to have been 
extirpated. In 2012 and 2013, researchers were unable to detect a 
single individual within this valley. Connected to Guayape Valley 
through a habitat corridor, it is believed the remaining population in 
the Tilica Valley may have historically been a part of the now-
extirpated population (Anderson et al. 2013, p. 13). In Tilica, the 
population is estimated to be between 500-1,000 breeding pairs.
    Despite the increased total population estimate of 5,000-10,000 
breeding pairs, research suggests the individual populations are small, 
including one population that is presumably extirpated. Research 
illustrates that the populations are both geographically and 
genetically isolated from one another. According to Anderson et al. 
(2013, p. 3), there has been no evidence to date of Honduran emeralds 
being found between any of the seven valleys, indicating that while 
there is the potential for gene flow between the populations, the 
probability is minimal.
    Species endemic to a few, widely dispersed locations are inherently 
more vulnerable to extinction than widespread species because of the 
higher risks from genetic bottlenecks, random demographic fluctuations, 
climate change, and localized catastrophes such as hurricanes, 
landslides, and drought (Lande 1988, p. 1,455; Mangel and Tier 1994, p. 
607; Pimm et al. 1988, p. 757). Small populations can be more affected 
by factors such as demographic stochasticity (variability in population 
growth rates arising from random differences among individuals in 
survival and reproduction within a season), local catastrophes, and 
inbreeding (Pimm et al. 1988, pp. 757, 773-775). Due primarily to the 
current rate of habitat fragmentation, degradation, and loss, each 
Honduran emerald population is considered to be declining within their 
individual locales. Hummingbirds' flight and hovering abilities require 
a large amount of energy; this necessitates the utilization of foraging 
techniques that maximize the amount of nectar (energy) at a minimum 
cost. The degradation, fragmentation, and loss of habitat cause the 
species to expend more energy and resources in search of its basic 
nutritional requirements (Justino et al. 2012, pp. 194-195; Hadley and 
Betts 2009, p. 207). Habitat degradation, fragmentation, and loss can 
separate populations to the point where individuals can no longer 
disperse and breed among habitat patches, causing a shift in the 
demographic characteristics of a population and a reduction in genetic 
fitness (Gilpin and Soul[eacute] 1986, p. 31). A small, declining 
population makes the species vulnerable to genetic stochasticity 
(random changes in the genetic composition of a population) due to 
inbreeding depression and genetic drift (random changes in gene 
frequency). This, in turn, compromises a species' ability to adapt 
genetically to changing environments (Frankham 1996, p. 1,507), reduces 
fitness, and increases extinction risk (Reed and Frankham 2003, pp. 
233-234).
    Although new population estimates have increased the worldwide 
population estimate from 200-1,000 individuals to 5,000 to 10,000 
breeding pairs, the individual populations of Honduran emerald are 
small and declining. Additionally, the species range is restricted 
within Honduras and the individual populations are geographically and 
genetically isolated from one another. The Honduran emeralds small and 
declining populations combined with their highly restricted and 
severely fragmented range increase the species' vulnerability to 
adverse natural events and are affecting the continuing existence of 
the species throughout its range.

Extreme Weather Events

    Small, declining populations can also be especially vulnerable to 
environmental disturbances such as flooding, drought, or hurricanes 
(O'Grady 2004, pp. 513-514). The Honduran emerald relies on arid, thorn 
forest habitat to provide nectar-producing plant species for energy and 
insects for protein in order to meet the biological requirements for 
breeding, feeding, and nesting. In 2012, Honduras was determined to be 
one of the countries most affected by climate change due to its 
geographic location, which is in the direct path of many tropical 
storms and hurricanes (Harmeling 2012, pp. 5-6). Research and modeling 
have explored how changes in climate might affect areas such as 
Honduras (Gasner et al. 2010, p. 1,250; Winograd 2002, p. 11). The term 
``climate change'' refers to a change in the mean, variability, or 
seasonality of climate variables over time periods of decades or 
hundreds of years (Intergovernmental Panel on Climate Change (IPCC) 
2014b, p. 5). Forecasts of the rate and consequences of future climate 
change are based on the results of extensive modeling efforts conducted 
by scientists around the world (Solman 2011, p. 20; Laurance and Useche 
2009, p. 1,432; Nu[ntilde]ez et al. 2008, p. 1; Margeno 2008, p. 1; 
Meehl et al. 2007, p. 753).
    Climate change models, like all other scientific models, produce 
projections that have some uncertainty because of the assumptions used, 
the data available, and the specific model features. The science 
supporting climate model projections, as well as models assessing their 
impacts on species and habitats, will continue to be refined as more 
information becomes available. While projections from regional climate 
model simulations are informative, various methods to downscale 
projections to more localized areas in which the species lives are 
still imperfect and under development (Solman 2011, p. 20; Nu[ntilde]ez 
et al. 2008, p. 1; Marengo 2008, p. 1).
    Honduras appears to have entered a more active period of hurricane 
activity (Pielke et al. 2003, p. 102). Studies of natural events in the 
last 100 years indicate that Honduras is highly vulnerable to an 
increase in frequency and intensity in the future not only hurricanes, 
but also landslides, flooding, and drought ([Scedil]ekercio[gbreve]lu 
et al. 2011; Gasner et al. 2010, p. 1250; Winograd 2006, p. 1). Due to 
its location and the biophysical traits of the region, Honduras is 
likely to be affected every 3 to 4 years by climate-related events, 
such as drought-related fires, floods, and landslides (Winograd 2006, 
p. 1). Winograd notes that 50 percent of Honduras is at risk of 
landslides, 30 percent is at risk of severe droughts, and 25 percent is 
at risk of flooding, particularly agricultural areas.
    Arid-zone species are assumed to be more resilient to high 
temperatures and low humidity ([Scedil]ekercio[gbreve]lu et al. 2012, 
p. 5). However, species such as the Honduran emerald hummingbird are 
exposed to very dry conditions and are likely dependent on seasonal 
rains, as well as seasonal and permanent waterholes and rivers 
(Schneider and Griesser 2009 in [Scedil]ekercio[gbreve]lu et al. 2011, 
p. 5). Even small temperature increases can greatly increase the amount 
of birds' evaporative water loss ([Scedil]ekercio[gbreve]lu et al. 
2011, p. 5). Warmer weather due to climate change is expected to impact 
the ability of birds in arid regions to sustain

[[Page 45095]]

their water balance; this species has been observed at higher 
elevations (Germer 2012); which may indicate a response to warmer 
temperatures.
    Climate models are not always able to predict the possible effects 
of ecological interactions, adaptation, or how species, particularly 
pollinators, might disperse in response to climate change (Buermann et 
al. 2011, p. 1,671; Burkle and Alarc[oacute]n 2011, p. 528; Pearson and 
Dawson 2003, p. 361). Honduras is clearly in the path of hurricanes 
(Winograd 2006, 2002; Pielke et al. 2003, pp. 101-103). While 
additional research is still needed to determine how changes in climate 
may affect species such as the Honduran emerald hummingbird, studies 
indicate that Honduras is highly vulnerable to an increase in frequency 
and intensity in hurricanes, landslides, flooding, and drought 
([Scedil]ekercio[gbreve]lu et al. 2011; Gasner et al. 2010, p. 1250; 
Hegland et al. 2009, p. 184; Winograd 2006, p. 1). As the Honduran 
emerald has a restricted range within Honduras, and the seven remaining 
populations are small and declining, we find that that the Honduran 
emeralds potential exposure to extreme weather events, in combination 
with habitat loss and degradation, is affecting the continued existence 
of the species throughout its range.

Conservation Measures in Place

    Several mechanisms are in place which are intended to provide 
protections to the Honduran emerald hummingbird. These protections 
include involvement by nongovernmental organizations (NGOs), wildlife 
protection laws, and a reserve designated to protect its habitat. These 
mechanisms are described below.

Laws and Regulatory Mechanisms

    Honduras has made significant progress in conservation of its 
natural resources (Portillo 2007, p. 60; Vreugdenhil et al. 2002, pp. 
6, 11, 20-25). In the past 30 years, protected areas have increased 
from fewer than 20 protected areas to approximately 600 areas with 
nationally protected status (Portillo 2007, p. 60). Between 1974 and 
1987, meetings were held with regional authorities in order to promote 
the conservation of the natural and cultural heritage of Honduras 
(Portillo 2007, p. 60). In 2003, the First Mesoamerican Congress on 
Protected Areas was held in Managua, Nicaragua. In 2010, Honduras began 
an initiative to recover degraded areas and denuded forests (ECOLEX 
2012). However, in some cases, these protected areas have not been 
managed effectively, as described below (Portillo 2007, p. 63; 
Vreugdenhil et al. 2002, pp. 6, 11, 20-25). Although the government of 
Honduras has shown initiative in protecting the species, implementation 
and enforcement seem to be lacking. Additionally, development projects 
are still occurring, such as the hydroelectric projects in Santa 
Barbara. Privately owned land continues to be sold to land speculators 
and converted from Honduran emerald hummingbird habitat to other uses, 
such as agriculture or cattle pastures.

NGO Involvement and the Honduran Emerald Reserve

    In Honduras, several NGOs, such as The Nature Conservancy (TNC) and 
the Honduran Biodiversity Research Coalition, are participating in the 
conservation and management of this species. One protected area, the 
Honduran Emerald Reserve (Reserve), was established by the Honduran 
Government in 2005, with support from TNC. TNC has provided both 
technical and financial support to the government and local community 
groups to complete a 10-year management plan for the Reserve. This 
Reserve was established in connection with funding from the World Bank 
to finish building the main highway linking the capital with Olanchito, 
Yoro, via Cedros Francisco Moraz[aacute]n (Steiner and Coto 2011, pp. 
1-2) (refer to Roads, above). Some aspects of TNC's involvement have 
included marking the official reserve boundaries and providing training 
to partners in the management of reserves and protected areas.
    In 2009, the National Conservation and Forestry Institute (ICF) 
began a management plan for the protected area specifically for the 
Honduran emerald. This was with the participation of nearby 
municipalities, Arenal Olanchito, the department of Yoro, SOPTRAVI 
Honduras Armed Forces (HAF), the Ministry of Education through the 
Regional Environmental Education Center, CREATE, the Ministry of 
Tourism, and the Ministry of Environment and Natural Resources (Steiner 
and Coto 2011, pp. 1-2; Portillo 2007, p. 99). The Interagency 
Technical Committee for Monitoring and Honduran Emerald Hummingbird 
Habitat Management Area was formed. In 2010, the ICF, with financial 
support from TNC, finalized the management plan for the protected area 
(Resolution No. DE-MP-147-2010).
    This reserve is located 34 km (21 miles) west of the city Olanchito 
in the Agu[aacute]n Valley. The reserve encompasses 1,217 ha (3,007 ac) 
and spans elevations between 220 and 800 meters (722 and 2,625 ft). As 
of 2012, there were 651 ha (1,609 ac) of dry forest habitat remaining 
that is suitable for the Honduran emerald hummingbird (Perez and Thorn 
2012, pers. comm.; Thorn et al. 2000 in Anderson 2010, p. 6). The 
Honduran Emerald Reserve is guarded by Honduran Air Force soldiers, who 
patrol the reserve and do not allow visitors into the protected area 
without prior permission (Hyman 2012 pers. comm.). However, cattle from 
neighboring land owners are frequently found grazing uncontrolled on 
the property within Honduran emerald habitat (Steiner 2011, p. 1; House 
2004, p. 30). Despite conservation efforts, land owners around the 
protected area want to expand their properties and are cutting more 
suitable habitat in order to plant grass for cattle grazing (Hyman and 
Steiner 2012, pers. comm.). Because encroachment and livestock grazing 
continue to occur both around and in the protected area, and this 
species requires more suitable habitat than what exists in this 
protected area, this area is insufficient to provide adequate suitable 
habitat for this species.
    Another entity working towards conservation of the Honduran emerald 
is the Honduran Biodiversity Research Coalition, which is a group of 
scientists and conservationists established in 2011 that undertakes and 
promotes biodiversity research and conservation in Honduras. The 
American Bird Conservancy is another NGO working to protect this 
species. One of its current goals is to work towards the development of 
a payment for ecosystems services project in the Agalta Valley to 
restore and protect Honduran emerald hummingbird habitat.
    In conclusion, Honduras is improving its management of its 
resources (Food and Agriculture Organization of the United Nations 
2010). However, most of the habitat required by the Honduran emerald 
hummingbird is privately owned, and the thorn forests are being 
converted to other uses that are not suitable for this species. Despite 
the progress made in Honduras with respect to laws and regulatory 
mechanisms in place to protect the Honduran emerald hummingbird, the 
species continues to face habitat degradation and fragmentation.

Finding (Listing Determination)

    A species is ``endangered'' for purposes of the Act if it is in 
danger of extinction throughout all or a significant portion of its 
range. A species is ``threatened'' for purposes of the Act if it is 
likely to become an endangered species within the foreseeable future 
throughout all or a significant portion of

[[Page 45096]]

its range. Thus, in the context of the Act, the Service interprets an 
``endangered species'' to be one that is presently in danger of 
extinction. A ``threatened species,'' on the other hand, is not 
presently in danger of extinction, but is likely to become so in the 
foreseeable future. In other words, the primary statutory difference 
between a threatened and endangered species is the timing of when a 
species may be in danger of extinction, either presently (endangered) 
or in the foreseeable future (threatened). The statute requires us to 
determine whether any species is endangered or threatened as a result 
of any one or combination of the following five factors in section 
4(a)(1) of the Act: (A) The present or threatened destruction, 
modification, or curtailment of its habitat or range; (B) 
overutilization for commercial, recreational, scientific, or 
educational purposes; (C) disease or predation; (D) the inadequacy of 
existing regulatory mechanisms; or (E) other natural or manmade factors 
affecting its continued existence. In considering what factors might 
constitute threats to a species, we must look beyond the mere exposure 
of the species to the factor to evaluate whether the species may 
respond to the factor in a way that causes actual impacts to the 
species. If there is exposure to a factor and the species responds 
negatively, the factor may be a threat and we attempt to determine how 
significant a threat it is. The threat is significant if it drives, or 
contributes to, the risk of extinction of the species such that the 
species may warrant listing as endangered or threatened as those terms 
are defined in the Act. Section 4(b)(1)(A) of the Act requires us to 
make this determination based solely on the best available scientific 
and commercial data available after conducting a review of the status 
of the species and taking into account any efforts being made by States 
or foreign governments to protect the species.
    In assessing whether the Honduran emerald hummingbird meets the 
definition of an endangered species or a threatened species, we 
considered the five factors in section 4(a)(1) of the Act. We conducted 
a review of the status of this species and assessed whether the 
Honduran emerald hummingbird is endangered or threatened throughout all 
or a significant portion of its range. We also reviewed all information 
we received during the public comment period. We have assessed the best 
scientific and commercial information available regarding the past, 
present, and future threats affecting this species.
    This species requires a constant source of energy, primarily in the 
form of nectar and insects. In order to meet its energy and nutritional 
requirements, this species needs access to intact, suitable habitat 
with a diversity of plant species that contain abundant energy sources 
throughout the year.
    We find that habitat loss due to conversion to agricultural 
development and cattle pastures is the main factor affecting the 
Honduran emerald hummingbird throughout its range (Factor A) (Komar et 
al. 2013, p. 40; Anderson et al. 2013, pp. 1-15; Bonta 2012 pers. 
comm.; Perez and Thorn 2012 pers. comm.). Habitat degradation and loss 
continue to occur and affect the species throughout its range. 
Uncontrolled clearing of the Honduran emerald's dry forest habitat for 
pastures or plantation agriculture has restricted the species to a few 
small, isolated ``islands'' of suitable dry forest habitat surrounded 
by banana plantations or cattle ranches (Perez and Thorn 2012, pers. 
comm.). Its current occupied and suitable range has been greatly 
reduced and is severely fragmented. This hummingbird species is 
expending more energy in order to find food sources to meet its 
nutritional needs, and as its suitable habitat becomes more scarce and 
fragmented, these habitat islands are growing farther apart.
    Historically, the Honduran emerald hummingbird existed in more 
continuous, connected habitat. Its suitable habitat has become 
increasingly limited, and it is not likely to expand in the future. 
This species' population is estimated to be between 5,000 and 10,000 
breeding pairs distributed over seven valleys in Honduras. A lack of a 
sufficient number of individuals in a local area or a decline in their 
individual or collective fitness may cause a decline in the population 
size, despite the presence of suitable habitat patches. In cases where 
populations are small, effects on the species are exacerbated. Any loss 
of potentially reproducing individuals could have a devastating effect 
on the ability of the population to increase.
    A species may be affected by more than one factor, and these 
factors can act in combination. The most significant factor affecting 
the Honduran emerald hummingbird is the degradation, fragmentation, and 
loss of suitable habitat (Factor A). Fragmentation and isolation of 
populations can decrease the fitness and reproductive potential of the 
species, which exacerbate other threats. Changes in Honduras' climate 
are acting in combination with other factors to affect this species' 
habitat. Extreme weather events (an increase in the severity and 
frequency in hurricanes and increased periods of drought (Factor E)) 
are impacting this species' habitat.
    The species' small population size (Factor E), combined with its 
restricted and severely fragmented range (factor A), increase the 
species' vulnerability to adverse natural events (Factor E) that 
destroy individuals and their habitat. The species' potential exposure 
to extreme weather events, such as hurricanes, extended periods of 
drought, or flooding, in combination with habitat degradation and 
fragmentation, is currently affecting the continued existence of the 
species throughout its range now and in the future.
    In conclusion, we have carefully assessed the best scientific and 
commercial information available regarding the past, present, and 
future threats affecting this species. We have identified multiple 
factors that have interrelated impacts on this species. These factors 
occur at a scale sufficient to affect the status of the species now and 
in the future. The most significant threat is habitat degradation and 
fragmentation due to conversion from thorn forest to agriculture and 
cattle pastures. Both biotic and abiotic ecological interactions 
influence species' distributions (Jankowski et al. 2010, pp. 1877-1883; 
Dunn et al. 2009, pp. 3037-3041). This species requires an environment 
that contains particular temperature and humidity levels, nectar, and 
insects. As a species' status continues to decline, the species becomes 
increasingly vulnerable to other impacts. The species' small population 
size, its reproductive and life-history traits, combined with its 
highly restricted and severely fragmented range, increases this 
species' vulnerability to one or more stochastic (random or 
unpredictable) events, such as hurricanes, drought, or flooding. These 
factors, in combination, are believed to be affecting the continued 
existence of the species throughout its range now and in the future.
    Based on our evaluation of the best available scientific and 
commercial information and given the significant loss, degradation, and 
fragmentation of suitable habitat, we have determined the species is in 
danger of extinction throughout all of its range and thus meets the 
definition of an endangered species. Because the species is in danger 
of extinction now, as opposed to likely to become an endangered species 
within the foreseeable future, the Honduran emerald hummingbird meets 
the definition of an endangered species rather than a threatened 
species. Therefore, we are listing the Honduran

[[Page 45097]]

emerald hummingbird as endangered under the Act.

Available Conservation Measures

    Conservation measures provided to species listed as endangered or 
threatened under the Act include recognition, requirements for Federal 
protection, and prohibitions against certain practices. Recognition 
through listing results in public awareness, and encourages and results 
in conservation actions by Federal and State governments, private 
agencies and interest groups, and individuals.
    Section 7(a) of the Act, as amended, and as implemented by 
regulations at 50 CFR part 402, requires Federal agencies to evaluate 
their actions within the United States or on the high seas with respect 
to any species that is proposed or listed as endangered or threatened 
and with respect to its critical habitat, if any is being designated. 
However, given that the Honduran emerald hummingbird is not native to 
the United States, we are not designating critical habitat for this 
species under section 4 of the Act.
    Section 8(a) of the Act authorizes the provision of limited 
financial assistance for the development and management of programs 
that the Secretary of the Interior determines to be necessary or useful 
for the conservation of endangered and threatened species in foreign 
countries. Sections 8(b) and 8(c) of the Act authorize the Secretary to 
encourage conservation programs for foreign endangered species and to 
provide assistance for such programs in the form of personnel and the 
training of personnel.
    The Act and its implementing regulations set forth a series of 
general prohibitions and exceptions that apply to all endangered and 
threatened wildlife. These prohibitions, at 50 CFR 17.21 and 17.31, in 
part, make it illegal for any person subject to the jurisdiction of the 
United States to ``take'' (includes harass, harm, pursue, hunt, shoot, 
wound, kill, trap, capture, or collect, or to attempt any of these) 
within the United States or upon the high seas; import or export; 
deliver, receive, carry, transport, or ship in interstate commerce in 
the course of commercial activity; or sell or offer for sale in 
interstate or foreign commerce any endangered wildlife species. It also 
is illegal to possess, sell, deliver, carry, transport, or ship any 
such wildlife that has been taken in violation of the Act. Certain 
exceptions apply to agents of the Service and State conservation 
agencies.
    Permits may be issued to carry out otherwise prohibited activities 
involving endangered and threatened wildlife species under certain 
circumstances. Regulations governing permits for endangered species are 
codified at 50 CFR 17.22. With regard to endangered wildlife, a permit 
may be issued for the following purposes: For scientific purposes, to 
enhance the propagation or survival of the species, and for incidental 
take in connection with otherwise lawful activities.

National Environmental Policy Act (NEPA)

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

References Cited

    A complete list of all references cited in this rule is available 
on the Internet at http://www.regulations.gov or upon request from the 
Branch of Foreign Species, Ecological Services Program, U.S. Fish and 
Wildlife Service (see FOR FURTHER INFORMATION CONTACT).

Author

    The primary author of this rule is the staff of the Branch of 
Foreign Species, Ecological Services Program, U.S. Fish and Wildlife 
Service.

List of Subjects in 50 CFR Part 17

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

Regulation Promulgation

    Accordingly, we amend part 17, subchapter B of chapter I, title 50 
of the Code of Federal Regulations, as set forth below:

PART 17--[AMENDED]

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

    Authority:  16 U.S.C. 1361-1407; 1531-1544; 4201-4245, unless 
otherwise noted.


0
2. Amend Sec.  17.11(h) by adding a new entry for ``Hummingbird, 
Honduran emerald'' in alphabetical order under BIRDS to the List of 
Endangered and Threatened Wildlife to read as follows:


Sec.  17.11  Endangered and threatened wildlife.

* * * * *
    (h) * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
                        Species                                                   Vertebrate
-------------------------------------------------------                        population where                                 Critical       Special
                                                          Historic  range       endangered or        Status     When  listed     habitat        rules
           Common name               Scientific name                              threatened
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
              Birds
 
                                                                      * * * * * * *
Hummingbird, Honduran emerald....  Amazilia luciae....  Honduras...........  Entire.............            E           805            NA            NA
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *

    Dated: July 15, 2015.
James Kurth,
Acting Deputy Director, U.S. Fish and Wildlife Service.
[FR Doc. 2015-18602 Filed 7-28-15; 8:45 am]
 BILLING CODE 4310-55-P



                                                45086             Federal Register / Vol. 80, No. 145 / Wednesday, July 29, 2015 / Rules and Regulations

                                                PART 300—NATIONAL OIL AND                                duplication, GSA is removing the M&IE                 List of Subjects in 41 CFR Part 301–11
                                                HAZARDOUS SUBSTANCES                                     breakdown table from the FTR and                        Government employees, per diem
                                                POLLUTION CONTINGENCY PLAN                               solely maintaining it on GSA’s Web site               reimbursement, M&IE allowance, Travel
                                                                                                         at www.gsa.gov/mie. The table has been                and transportation.
                                                ■ 1. The authority citation for part 300                 on this Web site for several years and
                                                continues to read as follows:                            can be updated quickly and efficiently.                 Dated: July 9, 2015.
                                                  Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C.             Changes to per diem reimbursement                     Denise Turner Roth,
                                                9601–9657; E.O. 12777, 56 FR 54757, 3 CFR,               rates for lodging and M&IE are currently              Acting Administrator of General Services.
                                                1991 Comp., p. 351; E.O. 12580, 52 FR 2923;              publicized by FTR bulletins and rates
                                                3 CFR, 1987 Comp., p. 193.                                                                                       For the reasons set forth in the
                                                                                                         are published solely on GSA Web site’s.               preamble, under 5 U.S.C. 5701–5707,
                                                Appendix B to Part 300—[Amended]                         Similarly, any future changes to the                  GSA is amending 41 CFR part 301–11,
                                                                                                         M&IE breakdown table will also be                     as set forth below:
                                                                                                         publicized in FTR Bulletins notifying
                                                ■  2. Table 1 of Appendix B to part 300                  agencies of updates to the per diem rates             PART 301–11—PER DIEM EXPENSES
                                                is amended by removing ‘‘NJ’’, ‘‘Crown                   for lodging and M&IE.
                                                Vantage Landfill’’, ‘‘Alexandria                                                                               ■ 1. The authority for part 301–11
                                                Township’’.                                              B. Executive Orders 12866 and 13563
                                                                                                                                                               continues to read as follows:
                                                [FR Doc. 2015–18607 Filed 7–28–15; 8:45 am]
                                                                                                            Executive Orders (E.O.s.) 12866 and
                                                                                                                                                                   Authority: 5 U.S.C. 5707.
                                                                                                         13563 direct agencies to assess all costs
                                                BILLING CODE 6560–50–P
                                                                                                         and benefits of available regulatory                  § 301–11.18      [Amended]
                                                                                                         alternatives, and if regulation is
                                                                                                         necessary, to select regulatory                       ■ 2. Amend § 301–11.18 by:
                                                GENERAL SERVICES                                         approaches that maximize net benefits                 ■ A. Removing from paragraph (a) the
                                                ADMINISTRATION                                           (including potential economic,                        phrase ‘‘in the chart in this section’’ and
                                                                                                         environmental, public health and safety               adding the phrase ‘‘at www.gsa.gov/
                                                41 CFR Part 301–11                                                                                             mie’’ in its place; and
                                                                                                         effects, distributive impacts, and
                                                [FTR Amendment 2015–05; FTR Case 2015–                   equity). E.O. 13563 emphasizes the                    ■ B. Removing the table ‘‘Total M&IE’’ at
                                                302; Docket No. 2015–0012; Sequence                      importance of quantifying both costs                  the end of paragraph (a).
                                                No. 1]                                                   and benefits, of reducing costs, of                   [FR Doc. 2015–18289 Filed 7–28–15; 8:45 am]
                                                RIN 3090–AJ62                                            harmonizing rules, and of promoting                   BILLING CODE 6820–14–P
                                                                                                         flexibility. This is not a ‘‘significant
                                                Federal Travel Regulation; Temporary                     regulatory action,’’ and therefore, was
                                                Duty (TDY) Travel Allowances                             not subject to review under section 6(b)              DEPARTMENT OF THE INTERIOR
                                                AGENCY:  Office of Government-wide                       of E.O. 12866, Regulatory Planning and
                                                                                                         Review, dated September 30, 1993. The                 Fish and Wildlife Service
                                                Policy (OGP), General Services
                                                Administration (GSA).                                    final rule has been reviewed by the
                                                                                                         Office of Management and Budget. This                 50 CFR Part 17
                                                ACTION: Final rule.
                                                                                                         final rule is not a major rule under 5                [Docket No. FWS–R9–ES–2009–0094; 450
                                                SUMMARY:    GSA is amending the Federal                  U.S.C. 804.                                           003 0115]
                                                Travel Regulation (FTR) by removing                      C. Regulatory Flexibility Act                         RIN 1018–AY64
                                                the meals and incidental expenses
                                                (M&IE) breakdown table from the                             This final rule will not have a
                                                                                                         significant economic impact on a                      Endangered and Threatened Wildlife
                                                regulation. The table will continue to be                                                                      and Plants; Listing the Honduran
                                                published on GSA’s Web site at                           substantial number of small entities
                                                                                                         within the meaning of the Regulatory                  Emerald Hummingbird (Amazilia
                                                www.gsa.gov/mie and any changes to                                                                             luciae)
                                                the breakdown of M&IE reimbursement                      Flexibility Act, 5 U.S.C. 601, et seq. This
                                                rates will be publicized via FTR                         final rule is also exempt from                        AGENCY:   Fish and Wildlife Service,
                                                Bulletins.                                               Administrative Procedure Act per 5                    Interior.
                                                                                                         U.S.C. 553(a)(2), because it applies to
                                                DATES: Effective: This rule is effective on                                                                    ACTION: Final rule.
                                                                                                         agency management or personnel.
                                                July 29, 2015.
                                                  Applicability date: This rule is                       D. Paperwork Reduction Act                            SUMMARY:   We, the U.S. Fish and
                                                applicable beginning October 1, 2015.                                                                          Wildlife Service (Service), are listing the
                                                                                                           The Paperwork Reduction Act does                    Honduran emerald hummingbird
                                                FOR FURTHER INFORMATION CONTACT: Ms.                     not apply because the changes to the                  (Amazilia luciae) as endangered under
                                                Marcerto Barr, Office of Government-                     Federal Travel Regulation do not                      the Endangered Species Act of 1973, as
                                                wide Policy (MAE), General Services                      impose recordkeeping or information                   amended (Act). This species is endemic
                                                Administration, at 202–208–7654 or                       collection requirements, or the                       to Honduras, and the population is
                                                email at marcerto.barr@gsa.gov for                       collection of information from offerors,              estimated to be between 5,000 and
                                                clarification of content. For information                contractors, or members of the public                 10,000 breeding pairs. Its suitable
                                                pertaining to status or publication                      that require the approval of the Office of            habitat has decreased significantly in
                                                schedules, contact the Regulatory                        Management and Budget under 44                        the past 100 years; habitat degradation,
                                                Secretariat at 202–501–4755. Please cite                 U.S.C. 3501, et seq.
mstockstill on DSK4VPTVN1PROD with RULES




                                                                                                                                                               fragmentation, and loss have been
                                                FTR Amendment 2015–05, FTR case
                                                                                                         E. Small Business Regulatory                          identified as the primary threats to the
                                                2015–302.
                                                                                                         Enforcement Fairness Act                              continued survival of this species.
                                                SUPPLEMENTARY INFORMATION:
                                                                                                           This final rule is also exempt from                 DATES: This final rule is effective August
                                                A. Background                                            Congressional review prescribed under                 28, 2015.
                                                  In order to be more efficient and                      5 U.S.C. 801 since it relates solely to               FOR FURTHER INFORMATION CONTACT:
                                                consistent, and in an effort to eliminate                agency management and personnel.                      Janine Van Norman, Chief, Branch of


                                           VerDate Sep<11>2014   16:16 Jul 28, 2015   Jkt 235001   PO 00000   Frm 00036   Fmt 4700   Sfmt 4700   E:\FR\FM\29JYR1.SGM   29JYR1


                                                                  Federal Register / Vol. 80, No. 145 / Wednesday, July 29, 2015 / Rules and Regulations                                           45087

                                                Foreign Species, Ecological Services                     them to comment on the proposed                       population estimates. The estimated
                                                Program, U.S. Fish and Wildlife Service,                 listing in accordance with our peer                   number of Honduran emerald
                                                4401 North Fairfax Drive, Room 420,                      review policy, described in the section               hummingbirds in one study
                                                Arlington, VA 22203; telephone 703–                      below. We received five (5) comments                  (INGTELSIG 2013) was estimated to be
                                                358–2171. If you use a                                   during the comment period including                   larger than other estimates; however,
                                                telecommunications device for the deaf                   two from peer reviewers, one comment                  there were several aspects of the
                                                (TDD), call the Federal Information                      from the Petitioner, one comment                      methodology, assumptions, and study
                                                Relay Service (FIRS) at 800–877–8339.                    containing three reports, and one non-                design that were questioned by other
                                                SUPPLEMENTARY INFORMATION:                               substantial comment. These comments                   scientists to the extent that we did not
                                                                                                         are available at http://                              have confidence in the population
                                                Executive Summary                                        www.regulations.gov in Docket No.                     estimate provided in the study
                                                I. Purpose of the Regulatory Action                      FWS–R9–ES–2009–0094. The                              (Anderson et al. 2013, pp. 9–14). The
                                                                                                         information in the comments provided                  second resource provided the most
                                                  We are listing the Honduran emerald                    updated life history information about                significant change; based on recent
                                                hummingbird as endangered under the                      the species, documented where this                    surveys, the population of this species
                                                Endangered Species Act (ESA or Act)                      species has been recently observed, and               appears to be greater than was
                                                (16 U.S.C. 1531 et seq.) as habitat                      provided an updated population                        previously believed. At the time our
                                                degradation, fragmentation, and loss                     estimate (5,000–10,000 breeding pairs).               proposed rule published, the most
                                                have been identified as primary threats                  This information is described in the                  current population estimate was 200–
                                                to the continued survival of this species.               Summary of Changes from Proposed                      1,000 individuals; new information
                                                II. Major Provisions of the Regulatory                   Rule section below as well as                         provided during the public comment
                                                Action                                                   incorporated into the rule.                           period indicates that the population of
                                                                                                         Peer Review                                           the Honduran emerald hummingbird is
                                                  This action lists the Honduran                                                                               likely between 5,000 to 10,000 pairs
                                                emerald hummingbird as endangered on                        In accordance with our policy,                     (Anderson et al. 2013, p. 10). The new
                                                the List of Endangered and Threatened                    ‘‘Notice of Interagency Cooperative                   information is incorporated into this
                                                Wildlife at 50 CFR 17.11(h).                             Policy for Peer Review in Endangered                  final listing determination. There are
                                                Background                                               Species Act Activities,’’ that was                    very few individuals studying and
                                                                                                         published on July 1, 1994 (59 FR                      working closely with this species, and
                                                   The ESA was passed to prevent                         34270), we sought the expert opinion of               future studies are needed to obtain more
                                                extinction of species by providing                       three appropriate independent                         precise estimates of the Honduran
                                                measures to help alleviate the loss of                   specialists regarding this rule. The                  emerald hummingbird population. Our
                                                species and their habitats. Before a plant               purpose of such review is to ensure                   determinations were based on the best
                                                or animal species can receive the                        listing decisions are based on                        available scientific and commercial
                                                protection provided by the ESA, it must                  scientifically sound data, assumptions,               information. None of the information
                                                first be added to one of the Federal Lists               and analysis. We sent copies of the                   obtained during the comment period
                                                of Endangered and Threatened Wildlife                    proposed rule to the peer reviewers                   changed our final listing determination.
                                                and Plants. Section 4 of the ESA and its                 immediately following publication in                  A list of literature used in finalizing this
                                                implementing regulations at part 424 of                  the Federal Register. We invited these                determination and comments we
                                                title 50 of the Code of Federal                          peer reviewers to comment, during the                 received are available at http://
                                                Regulations (CFR) set forth the                          public comment period, on the specific                www.regulations.gov under Docket No.
                                                procedures for adding species to these                   assumptions and the data that were the                FWS–R9–ES–2009–0094.
                                                lists.                                                   basis for our conclusions regarding the
                                                                                                         proposal to list this species as                      Species Information
                                                Previous Federal Actions
                                                                                                         endangered under the Act. We received                 Taxonomy
                                                   On June 23, 2010, we published a 90-                  comments from two peer reviewers.
                                                day finding (75 FR 35746) on the                            We reviewed all comments we                           This hummingbird species was first
                                                petition announcing that we would                        received for substantive issues and new               taxonomically described by Lawrence in
                                                initiate a status review to determine if                 information regarding the proposed                    1867, and placed in the Trochilidae
                                                listing this species is warranted. On                    listing of this species; we address those             family as Amazilia luciae (BLI 2013, p.
                                                January 2, 2013, we published a 12-                      comments in the section that follows.                 1; Sibley and Monroe 1993, 1990).
                                                month finding and proposed rule (78 FR                   Comments that provided support or                     Common names for the species include
                                                59) to list this species as endangered                   opposition without substantive                        Honduran emerald hummingbird,
                                                under the Act.                                           information were noted, but not                       Ariane De Lucy (French), and in
                                                                                                         addressed in this final rule.                         Honduras it is commonly known as the
                                                Summary of Comments                                                                                            colibrı́ esmeralda Hondureño (Spanish).
                                                   We base this final rule on a review of                Summary of Changes From Proposed                      BLI and the Convention on International
                                                the best scientific and commercial                       Rule                                                  Trade in Endangered Species of Wild
                                                information available, including all                        This final rule incorporates the                   Fauna and Flora (CITES) both recognize
                                                information we received during the                       comments we received on our proposed                  the species as Amazilia luciae (BLI
                                                public comment period. In the January                    listing and newly available scientific                2008, p. 1). We recognize this species as
                                                2, 2013, proposed rule (78 FR 59), we                    and commercial information. Peer                      Amazilia luciae, which also follows the
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                                                requested that all interested parties                    reviewers generally commented that the                Integrated Taxonomic Information
                                                submit information that might                            proposed rule was thorough and                        System (ITIS 2013). ITIS is a database
                                                contribute to development of a final                     comprehensive. New reports relevant to                maintained by a partnership of U.S.,
                                                rule. The public comment period was                      the Honduran emerald hummingbird                      Canadian, and Mexican federal
                                                open for 60 days, ending March 4, 2013.                  and its habitat were submitted during                 government agencies, other
                                                We also contacted appropriate scientific                 the comment period. Two resources                     organizations, and taxonomic specialists
                                                experts and organizations, and invited                   were provided which provided new                      to provide taxonomic information.


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                                                45088             Federal Register / Vol. 80, No. 145 / Wednesday, July 29, 2015 / Rules and Regulations

                                                Description                                              (endemic), and Opuntia hondurensis                    Thorn et al. (2000, p. 23) observed that
                                                   The Honduran emerald hummingbird                      (endemic) (House 2004, p. 15). The                    habitat with abundant flowers, red in
                                                is one of more than 325 hummingbird                      flowering of Opuntia hondurensis                      particular, appeared to be a critical
                                                species. Hummingbirds exhibit a wide                     coincides with the nesting period of the              characteristic for suitable habitat.
                                                range of flight-related morphology and                   Honduran emerald hummingbird                          Additionally, suitable habitat
                                                behavior based on ecological factors                     (House 2004, p. 23). Large clusters of                requirements include similar ecological
                                                (Altshuler and Dudley 2002, p. 2,325).                   three species of orchids, Myrmecophila                conditions such as access to nectar and
                                                As do all hummingbirds, the Honduran                     wendlandii, Laelia rubescens, and                     insects, rainfall, humidity and
                                                emerald hummingbird exhibits slight                      Encyclia nematocaulon, were found                     temperature. During one field study in
                                                                                                         growing on cacti within the habitat                   Santa Barbara, Honduran emerald
                                                sexual dimorphism (physical
                                                                                                         (House 2004, p. 16). The trees and                    hummingbirds were observed hunting
                                                differences between the females and
                                                                                                         shrubs found in one study of its habitat              arthropods about 50 percent of their
                                                males), which is demonstrated in the
                                                                                                         were almost 100 percent deciduous                     time (Stiles 1985).
                                                coloring of its plumage. This species is                                                                          Hummingbirds are known to
                                                                                                         (House 2004, p. 15). In larger, more
                                                a medium-sized hummingbird with an                                                                             ‘‘disperse’’ rather than ‘‘migrate’’ in the
                                                                                                         mature trees, some bromeliads (when
                                                average length of 9.5 centimeters (3.7                                                                         sense that they do not follow routine,
                                                                                                         blooming are sources of nectar and
                                                inches) (BLI 2008, p. 2). The male has                                                                         standard, round-trip movements; they
                                                                                                         energy) were found. Although epiphytes
                                                an iridescent blue-green throat and                                                                            follow sources of food availability
                                                                                                         (plants that grow non-parasitically on
                                                upper chest and occasionally has a grey                                                                        (Berthold et al. 2003, pp. 40–41).
                                                                                                         another plant, such as a tree) are usually
                                                mottled coloring. Its back is an emerald                 rare in this habitat type, some epiphytes             Hummingbirds are the most specialized
                                                green color, the ventral (underneath)                    are well adapted to the extremes of this              nectar-feeding birds in the New World
                                                side of the bird is pale grey with mottled               environment.                                          (Graham et al. 2009, p. 19,673).
                                                green sides, and the tail is bright green                   In Honduras, this habitat occurs                   Hummingbirds quickly shift to the best
                                                with a bronze hint on the upper tail                     primarily along the Gulf of Fonseca, in               available sources of nectar; their choice
                                                coverts (BLI 2008, p. 1). The plumage of                 the Agalta Valley in the Olancho                      of habitat may change concurrent with
                                                the female is less brilliant (BLI 2008, p.               Department, and in the Aguán Valley in               loss of their preferred food sources (Gill
                                                2). The tail of the female contains a grey               the Yoro Department (for a map of the                 1987, p. 785; Montgomerie et al. 1984).
                                                tip, and the band of distinctive color on                Honduran emerald populations, see our                 When a hummingbird’s habitat does not
                                                the throat of the female hummingbird is                  proposed rule, 78 FR 63). This species                provide its required resources, research
                                                narrower, with pale edges (BLI 2008, p.                  tends to be found in similar altitudes,               indicates that they tend to abandon a
                                                2; Monroe 1968, p. 183). Juveniles have                  although it has recently been observed                territory and move to more productive
                                                grayish throats spotted with turquoise                   at higher elevations (Germer 2013, pp.                areas (Feinsinger and Colwell 1978;
                                                (BLI 2008, p. 2).                                        1–2). Most of the hummingbird’s                       Kodric-Brown and Brown 1978 in
                                                   Hummingbird bills vary among                          occurrences have been noted at                        Justino et al. 2012, p. 194). Emerald
                                                species and are adapted for specialized                  elevations between 150 and 600 meters                 hummingbirds are habitat generalists in
                                                feeding. The bill of the Honduran                        (492 and 1,968.5 feet (ft)) above sea                 the sense that they do not rely
                                                emerald hummingbird is black and                         level; however, other observations were               exclusively on a single species of plant
                                                slightly curved with a red mandible and                  recorded at 845 and 1,220 meters (2,772               for nourishment; rather, they utilize a
                                                dark tip and is slightly longer and more                 and 4,003 ft) (Germer 2012; pp. 55–56;                wide variety of nectar-producing plants
                                                decurved (downward curving) bill than                    Sanchez et al. 2011, p. 69).                          to meet their nutritional requirements
                                                the closely related species A. candida                      The Honduran emerald hummingbird                   (Graham et al. 2009, p. 19,675).
                                                (Monroe 1968, p. 182). The curvature of                  nests in March and April, and its nest                Helicteres guazumaefolia, which
                                                its bill is associated with foraging for                 has been observed in a Guayabillo tree                produces nectar all year (as opposed to
                                                nectar in plant species within its habitat               (Eugenia lempana) (Espinal and                        seasonally), was observed to be a
                                                (Gill 1987, p. 780).                                     Marineros 2008, p. 1). Its nests are made             preferred food source for the Honduran
                                                Biology                                                  of cobwebs, lichens, and mosses, and it               emerald hummingbird in Santa Barbara
                                                                                                         usually lays two eggs which hatch in                  (Komar et al. 2013, pp. 25–26). This
                                                   The Honduran emerald hummingbird                      21⁄2 weeks (Germer 2011, p. 52).                      species has been observed actively
                                                historically has preferred arid interior                    Emerald hummingbirds are somewhat                  foraging mid-morning, concurrent with
                                                valleys of thorn forest and shrubs. The                  aggressive and territorial (Collar et al.             the time during the day when nectar is
                                                Aguán River Valley area rarely receives                 1992, p. 493; Howell and Webb 1989, p.                most plentiful. For example, energy
                                                more than 76 centimeters (30 inches) of                  643), due to competition with other                   present in Heliconia stilesii flowers
                                                rain per year (Perez and Thorn 2012,                     hummingbird species for resources.                    averaged 200 to 300 joules per flower in
                                                pers. comm.; Gallardo 2010, http://                      This species has been observed feeding                the early morning and 300 to 500 joules
                                                www.birdsofhonduras.com). Due to the                     at heights between 0.5 to 10 meters (2                per flower by midmorning (Gill 1987,
                                                arid climate, many of the plant species                  to 32 ft) (Howell and Webb 1989, p.                   pp. 781–782).
                                                are adapted to retain water and are                      643). Some aspects of this species’                      Germer (2011) found that during the
                                                succulents or contain spines as                          behavior remain unclear, such as how                  dry season, the Honduran emerald
                                                protection from herbivores. Many of the                  far individuals disperse, what habitats               hummingbird can be found in gallery
                                                plants lose all their leaves in the dry                  are important for dispersal, and how the              forests (forests that grow in corridors
                                                season, and Honduran emerald                             populations are linked genetically                    along wetlands or rivers, projecting into
                                                hummingbird habitat may appear                           (Perez and Thorn 2012 pers. comm.;                    sparsely treed areas), or near bodies of
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                                                almost lifeless. Typical plants within its               Anderson et al. 2010, p. 7).                          water where humidity and abundance of
                                                habitat include cacti, acacias, and other                   As with all hummingbird species, the               small arthropods is greater. Its use of
                                                succulents. Three species of arborescent                 Honduran emerald hummingbird relies                   these areas is believed to reduce its
                                                (tree-like) cacti have been associated                   on nectar-producing flowers for food                  metabolic cost and escape heat during
                                                with the Honduran emerald                                and energy, and relies on insects and                 the driest seasons (pp. 52–53). High
                                                hummingbird’s habitat: Pilosocereus                      spiders as sources of protein (Germer                 variability between detections was
                                                maxonii, Stenocereus yunckeri                            2012, p. 2; Collar et al. 1992, p. 494).              observed, which could imply that the


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                                                                      Federal Register / Vol. 80, No. 145 / Wednesday, July 29, 2015 / Rules and Regulations                                                                   45089

                                                species is not evenly distributed across                           utilized by Honduran emerald                                         higher than previously believed. One
                                                the available habitat (Germer 2011, pp.                            hummingbirds is available in our                                     study, published in 2013, suggested that
                                                52–53); it may move seasonally in                                  proposed rule, 78 FR 63.                                             the population of Honduran emerald
                                                search of food sources.                                                                                                                 hummingbirds was significantly larger,
                                                                                                                   Population
                                                   In Yoro, the Honduran emerald                                                                                                        estimated to be between 50,000 and
                                                hummingbird uses the species                                         In our proposed rule (78 FR 59), we                                106,000 individuals (INGTELSIG 2013).
                                                Pedilanthus camporum, which produces                               noted that several attempts have been                                We find this to be an overestimate due
                                                flowers year-round, and Nopalea                                    made to estimate the population status                               to several erroneous assumptions in the
                                                hondurensis, which flowers generally                               of the Honduran emerald. In 2007, the                                study design and sampling
                                                between February and April, 90 percent                             total population was estimated to be                                 methodology, which were described in
                                                of the time observed. In the Coyoles area                          between 200 and 1,000 individuals                                    Anderson et al. (2013, pp. 10–12). More
                                                in the Aguán Valley, the thorn forest is                          (Anderson et al. 2007, p. 1). At the time                            recent studies and research suggests that
                                                primarily comprised of Mimosaceae                                  of the publication of our proposed rule,                             there are between 5,000 and 10,000
                                                (herbaceous and woody species),                                    the best estimate suggested a population                             breeding pairs spread across seven
                                                Cactaceae (cactus species), and                                    of approximately 200–1000 individuals                                separate populations (Anderson et al.
                                                Euphorbiaceae (herbs, shrubs, trees, and                           (BLI 2012, unpaginated; Perez and                                    2013, p. 2). Table 1 provides the current
                                                some succulent species) (Collar et al.                             Thorn pers. comm. 2012).                                             population estimate for each of the
                                                1992, p. 494). In western Honduras, 90                               During the public comment period,                                  populations based upon the best
                                                percent of foraging observations were on                           we received additional information                                   available scientific and commercial
                                                Aphelandra scabra and Helicteres                                   indicating that the total population                                 information submitted by researchers
                                                guazaumifolia. A list of plant species                             estimate for Honduran emerald may be                                 working with the species.

                                                                                                             TABLE 1—POPULATION ESTIMATES BY VALLEY
                                                                                                                                 [Anderson 2013, pp. 2, 14]

                                                                       Honduran department                                                    Location of population                                     Population estimate

                                                Santa Barbara Department ...............................................         Tencoa Valley ...........................................     2,500–5,000 breeding pairs.
                                                                                                                                 Jicatuyo Valley
                                                                                                                                 Quimistán Valley
                                                Yoro Department ..............................................................   Aguán Valley .............................................   1,000–2,000 breeding pairs.
                                                Olancho Department .........................................................     Agalta Valley .............................................   1,000–2,000 breeding pairs.
                                                                                                                                 Telica Valley                                                 500–1,000 breeding pairs.
                                                                                                                                 Guayape Valley (Valle de Olancho)                             Extirpated.



                                                Historic Distribution                                                Between 1950 and 1988 there were no                                hectares (ha) (12 and 148 acres) each. It
                                                                                                                   recorded observations of the Honduran                                is estimated that the population in the
                                                   The Honduran emerald hummingbird
                                                                                                                   emerald hummingbird. In 1988, the                                    Santa Barbara Department is
                                                is the only known endemic bird species
                                                                                                                   species was described as common in                                   approximately 200 km (124 miles) west
                                                in Honduras (Anderson and Devenish
                                                                                                                   Olanchito and Coyoles, which are                                     of the nearest known population in the
                                                2009, p. 258; Portillo 2007, p. 17; Thorn
                                                                                                                   located 16 km (9 miles) apart (BLI 2008,                             Aguán Valley (Anderson 2010, p. 5).
                                                et al. 2000, p. 3; Collar et al. 1992, p.
                                                                                                                   p. 2). In 1991, between 22 and 28                                    The Honduran emerald hummingbird
                                                493; Monroe 1968, p. 182). Based on
                                                                                                                   individuals were found in a patch of                                 density within the Santa Barbara
                                                specimen data, the species was
                                                                                                                   habitat measuring 500 by 50 meters                                   Department has been estimated to be
                                                originally known to occur in four
                                                                                                                   (1,640 x 164 ft) near Olanchito (Howell                              between 76 and 167 individuals per km2
                                                departments (which are similar to
                                                                                                                   and Webb 1992, pp. 46–47). In 1996, the                              (29–64 mi2) (Sanchez et al. 2011, p. 5),
                                                ‘‘states’’ in the United States): Cortés
                                                                                                                   bird was found in the Agalta Valley on                               but its density varies based on food
                                                and Santa Barbara in the west and Yoro
                                                                                                                   less than 1 km2 (247 acres or .39 square
                                                and Olancho in the northeast. The                                                                                                       availability. BLI reports that its range is
                                                                                                                   miles (mi2)) of suitable habitat (BLI
                                                Honduran emerald hummingbird was                                                                                                        400 km2 (154 mi2). However, local
                                                                                                                   2008, p. 3).
                                                likely a forest inhabitant and described                                                                                                experts believe its actual extent of
                                                as locally common (Howell 1989, p.                                 Current Distribution                                                 occurrence may be closer to 150 km2 (58
                                                642). The locations and dates where this                              Prior to its 1988 rediscovery in                                  mi2) (Perez and Thorn pers. comm.
                                                species has been documented are as                                 Olanchito and Coyoles, it was thought                                2012). Observations of the Honduran
                                                follows:                                                           that habitat loss had restricted the                                 emerald hummingbird have been
                                                   • Catacamas, Olancho (1937 and                                  Honduran emerald hummingbird to                                      recently reported in western Honduras
                                                1991) (Howell and Webb 1992, pp. 46–                               isolated patches of arid thorn-forest and                            in the Quimistán Valley (in the Rı́o
                                                47; Monroe 1968, p. 182).                                          scrub of the interior valleys of northern                            Chamelecón watershed) and Tencoa
                                                   • Cofradı́a, Cortes (1933) (Monroe                              Honduras. Between 2007 and 2013, this                                Valley (Rı́o Ulúa watershed), in the
                                                1968, p. 182).                                                     species was documented in seven                                      Santa Barbara Department where it had
                                                   • Coyoles, Yoro (1948 and 1950)                                 valleys in Honduras (Anderson et al.                                 not been recorded since 1935. The
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                                                (Monroe 1968, p. 182).                                             2013, p. 2; Germer 2012, pp. 52–60;                                  westernmost occurrence of the species
                                                   • El Boquerón, Olancho (recorded                               Anderson 2010, p. 4) (see Fig. 1). In the                            is in the Oro River Valley, near Sula in
                                                September 1937) (Monroe 1968, p. 182).                             Tencoa Valley (Santa Barbara),                                       the municipality of Macuelizo. The
                                                   • Olanchito, Yoro (1988) (Howell and                            researchers found individuals in five                                northernmost site is in the Valley of
                                                Webb 1989, pp. 642–643).                                           habitat patches, each separated by at                                Azacualpa, also in the municipality of
                                                   • Santa Bárbara, Santa Bárbara (1935)                         least 5 km (3 miles). These habitat                                  Macuelizo.
                                                (Monroe 1968, p. 182).                                             fragments were between 5 and 60


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                                                45090             Federal Register / Vol. 80, No. 145 / Wednesday, July 29, 2015 / Rules and Regulations

                                                Agalta Valley (Olancho Department)                       smaller ecosystems are surrounded by                  2013, this species has been observed
                                                   In 2007, this species was observed in                 human-dominated landscapes. One                       utilizing four habitats (dry forest, dry
                                                the Agalta Valley and in the Telica                      estimate indicated that between 2,428                 scrubland, wooded pasture, and
                                                Valley, both in the Olancho Department                   and 3,237 ha (6,000–8,000 acres) of                   lowland pine/oak forest).
                                                (Anderson and Hyman 2007, p. 6). The                     suitable habitat remains in the Aguán
                                                                                                                                                               Conservation Status
                                                Agalta Valley is described as a remote                   Valley, most of which is privately
                                                                                                         owned (Gallardo 2010, p. 186); however,                  The Honduran emerald hummingbird
                                                region in the mountains of eastern                                                                             is listed as endangered by the IUCN
                                                Honduras containing over 1,000,000 ha                    other estimates indicate that the species
                                                                                                         has even less suitable habitat available              (2012). The category of this species was
                                                (2,471,054 acres) of land characterized                                                                        reclassified as endangered from
                                                as dry basin. Here, the Honduran                         than the above estimate (Perez and
                                                                                                         Thorn 2012 pers. comm.).                              critically endangered following its
                                                emerald hummingbird’s habitat                                                                                  recent discovery in the western part of
                                                                                                            The lands along the Aguán River have
                                                primarily is on large, privately owned                                                                         Honduras, which increased its known
                                                                                                         periodically been devastated by banana
                                                cattle ranches that have restricted access               diseases, floods, and hurricanes,                     range (BLI 2012, pp. 1–2). Its IUCN
                                                (Anderson et al. 2010, p. 3). The species                particularly Hurricane Fifi in 1974 and               classification is based on its very small
                                                has been known to occur in this valley                   Hurricane Mitch in 1998 (NOAA 2012,                   and severely fragmented range and
                                                since the mid-1990s (Anderson et al.                     p. 2; Winograd 2006; USGS 2002, p. 5).                population. However, this status under
                                                1998, p. 181). Although this species                     This valley is on the south side of the               IUCN conveys no actual protections to
                                                exists in the Agalta Valley, very little                 Nombre de Dios Mountain Range,                        the species. The Honduran emerald
                                                information regarding the factors                        primarily in the Yoro Department                      hummingbird has been listed in
                                                affecting this species in this area are                  (Gallardo 2010, p. 185). The Aguán                   Appendix II of CITES since October 22,
                                                known. Reports indicate that areas that                  River Watershed is 10,546 km2 (4,072                  1987, at which time all hummingbird
                                                contain suitable habitat characteristics                 mi2 or 2,605,973 acres), is delimited by              species not previously listed in the
                                                for the Honduran emerald hummingbird                     the tributaries of the Aguán River, and              Appendices were listed in Appendix II.
                                                are being cleared for rice cultivation                   extends across the departments of Yoro,               Honduras and the United States are both
                                                (Hyman 2012, pers. comm.; Bonta 2011,                    Colon, Atlántida, and Olancho (WWF                   Parties to CITES, an international treaty
                                                pers. comm.). Several of the remaining                   2008, p. 12; see Map 5, Map of                        among 180 nations through which
                                                habitat patches are connected by narrow                  Honduras, Aguán Valley at http://                    member countries, called Parties, work
                                                corridors of habitat along property lines                www.regulations.gov under Docket No.                  together to ensure that international
                                                and waterways, but most of the patches                   FWS–R9–ES–2009–0094). This valley                     trade in CITES-listed animals and plants
                                                of remaining habitat are ‘‘islands’’                     experiences a unique microclimate in                  is not detrimental to the survival of wild
                                                within cattle pasture, which comprises                   which most of the rain falls between                  populations. This goal is achieved by
                                                approximately 90 percent of the Valley’s                 June and November (Gallardo 2010, p.                  regulating import, export, and re-export
                                                area (Bonta 2011, pers. comm.).                          185). The land in the Aguán Valley is                of CITES-listed animal and plant species
                                                Aguán Valley (Yoro Department)                          rich and fertile, and therefore, highly               and their parts and products through a
                                                                                                         likely to be converted into agricultural              permitting system (http://
                                                   This hummingbird species is known                     lands fields, particularly in a country               www.cites.org). Appendix II includes
                                                in the Aguán Valley, Yoro Department,                   with a high poverty index that relies                 species which although not necessarily
                                                in the areas of Olanchito and Coyoles,                   strongly on its land for agriculture                  now threatened with extinction may
                                                and is reported as relatively common,                    (WWF 2008, p. 2).                                     become so unless trade in specimens of
                                                but only within its remaining suitable                                                                         such species is subject to strict
                                                habitat (Gallardo 2010, p. 186; Thorn et                 Western Honduras                                      regulation in order to avoid utilization
                                                al. 2000, pp. 22–23). This species has                     In 2000, a survey was conducted for                 incompatible with their survival; and
                                                also been observed in New Valle del Rio                  the Honduran emerald hummingbird                      other species which must be subject to
                                                de Oro, Valle de Azacualpa, and Rio                      and concluded that it occurs in dry                   regulation in order that trade in
                                                Jicatuyo in the vicinity of San Luis. The                tropical forest (Anderson and Hyman                   specimens of certain species threatened
                                                Honduran emerald hummingbird’s                           2007, pp. 1–4; Thorn et al. 2000, pp. 1–              with extinction which are or may be
                                                habitat formerly encompassed a large                     5). Upon the recent rediscovery of the                affected by trade may be brought under
                                                extent of the Aguán Valley, a once                      species in western Honduras,                          effective control (CITES Article II(2)).
                                                pristine plain of nearly 4,662 km2 (1,800                researchers determined that the species               International trade in specimens of
                                                mi2). Ninety percent of its original                     was also residing in areas with different             Appendix II species may be authorized
                                                habitat no longer exists in its original                 ecological characteristics (Anderson et               through a system of permits or
                                                form due to the conversion of its habitat                al. 2010). Sites occupied by the                      certificates under certain circumstances,
                                                to banana plantations and cattle pasture.                Honduran emerald hummingbird in                       and must be in accordance with CITES
                                                Much of the Honduran emerald                             western Honduras are best described as                Article IV. For example, export may
                                                hummingbird’s habitat is on privately                    semi-deciduous woodland, a habitat                    only be authorized when: (1) The CITES
                                                owned land and is often planted with                     that has not previously been associated               Scientific Authority of the country of
                                                nonnative grasses for cattle grazing                     with the species. Canopy height in this               export has determined that the export
                                                (Perez and Thorn 2012, pers. comm.;                      area averages 15 meters (49 ft),                      will not be detrimental to the survival
                                                Anderson pers. comm. 2008 in Petition                    dominated by semi-deciduous broad-                    of the species; (2) the CITES
                                                2008, p. 11). In some cases, it is planted               leaved tree species, principally Eugenia              Management Authority of the country of
                                                with invasive grass species (http://                     oerstediana, Bursera simaruba, and                    export has determined that the
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                                                www.birdlist.org/cam/honduras/hn_                        Tabebuia rosea, that form a relatively                specimens to be exported were legally
                                                ecosystems.htm, accessed May 22,                         closed tree canopy. Common understory                 acquired; and (3) the CITES
                                                2012). Today, due to decades of                          species are Agave parvidentata,                       Management Authority of the country of
                                                unregulated and expanding cattle                         Tillandsia fasciculata, Bromelia                      export has determined that any living
                                                ranching, the hummingbird’s dry forest                   pinguin, Bromelia plumieri, and                       specimen will be so prepared and
                                                range is limited to a few small, isolated                Acanthocereus pentagonus (Anderson                    shipped as to minimize the risk of
                                                islands of habitat. Its increasingly                     2010, p. 5). According to Komar et al.                injury, damage to health or cruel


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                                                                  Federal Register / Vol. 80, No. 145 / Wednesday, July 29, 2015 / Rules and Regulations                                        45091

                                                treatment (CITES Article IV(2)). In the                  conversion to plantations and cattle                  et al. 2011, p. 1,671). In agricultural
                                                United States, CITES is implemented                      ranches (see Fig. 1; Perez and Thorn                  landscapes, hummingbirds were
                                                through the Act and implementing                         pers. comm. 2012). Due to habitat                     observed traveling longer distances and
                                                regulations at 50 CFR part 23.                           destruction/degradation rates in Santa                took more circuitous routes than in
                                                                                                         Barbara, no suitable habitat for the                  forested landscapes. Overall, movement
                                                Factors Affecting the Species                            Honduran emerald hummingbird may                      paths were strongly linked to areas that
                                                Introduction                                             remain by the year 2025 (Anderson et al.              contained higher forest cover (Hadley &
                                                   The most serious threat affecting this                2013, p. 5).                                          Betts 2009, p. 209).
                                                                                                            In the last ∼100 years, the Aguán                    Nectar is the primary source of
                                                species is the continued degradation
                                                                                                         region has experienced three periods of               carbohydrates for hummingbirds, and
                                                and fragmentation of existing habitat,
                                                                                                         agricultural economic growth (WWF                     insects or pollen is the primary sources
                                                and the complete loss of habitat
                                                                                                         2008, p. 11). Thorn forests were initially            of protein for hummingbirds (Araújo et
                                                (estimated to be 90 percent) over the
                                                                                                         cleared in the Aguán Valley to create                al. 2011, p. 827; Hegland et al. 2009, p.
                                                past 100 years due to land conversion                    banana and plantain plantations and                   188). Although studies of nutritional
                                                from prime thorn forest habitat to                       rice farms, as well as pasture for cattle             requirements have been conducted with
                                                banana plantations, agriculture, and                     (Stattersfield and Capper 2000, p. 311).              respect to other hummingbird species,
                                                cattle pastures (Komar et al. 2013, p. 28;               However, after an outbreak of Panama                  the home range required to support the
                                                Perez and Thorn 2012, pers. comm.).                      disease occurred in bananas, the Aguán               breeding, feeding, and nesting
                                                Studies published in 2013 indicate that                  Valley was largely abandoned, and                     requirements for each pair of Honduran
                                                in Santa Barbara, the area that contains                 much of the land reverted to pasture or               emerald hummingbirds is unknown.
                                                the most suitable habitat for the                        forest. As a result of the agricultural               Hadley noted in 2012 that plant
                                                Honduran emerald hummingbird,                            reforms of the 1960s and 1970s,                       densities, flower abundance, and flower
                                                agriculture, cattle grazing, coffee                      Honduran campesinos (farmers)                         quality (e.g., number of inflorescences,
                                                cultivation, mining, dam construction,                   received farmland in the Aguán Valley                display size) can all be affected by
                                                and fires are the primary factors                        and proceeded to clear and develop the                landscape configuration such as edge
                                                contributing to the degradation,                         Valley that was previously forested into              effects (changes in population or
                                                fragmentation and loss of habitat                        an agricultural region. In the late 1970s,            community structures occurring at the
                                                (Komar et al. 2013, p. 37; Anderson et                   lands were again cultivated with                      boundaries of two habitats) due to
                                                al. 2013, pp. 1–3). This loss of habitat                 disease-resistant varieties of bananas. In            factors such as light and humidity
                                                interacts with the ecologically                          the Aguán Valley, 10,319 ha (25,500 ac)              levels; therefore, hummingbird foraging
                                                deleterious factors associated with palm                 now consist of banana plantations in an               behavior is likely sensitive to
                                                oil production, land ownership,                          area known as the Barisma farm (Dole                  fragmentation (Hadley 2012, pp. 23–35).
                                                pesticides and fertilizers, roads,                       2011, p. 67). One of the best patches of              Efforts by Pico Bonito National Park
                                                hydroelectric and development projects,                  optimal Honduran emerald                              Foundation (Fundación Parque
                                                international trade, disease and                         hummingbird habitat in the Aguán                     Nacional Pico Bonito (FUPNAPIB)) and
                                                predation, small and declining                           Valley has practically disappeared due                others have attempted to preserve
                                                populations, and other factors in                        to its proximity to a nearby town (Thorn              important parts of this species’ habitat;
                                                affecting the Honduran emerald                           2012, pers. comm.). Now, only a single                however, even the areas designated as
                                                hummingbird’s habitat. These factors                     forest remnant larger than 100 ha (247                protected are experiencing habitat
                                                are discussed in detail below.                           ac) that is suitable for this species is              degradation (Hyman 2013, pp. 1–2).
                                                Habitat Degradation and Fragmentation                    known to exist in this valley (Anderson
                                                                                                                                                               Land Ownership
                                                                                                         2010, p. 6). Habitat suitable for
                                                  Honduras has been steadily losing                      Honduran emerald hummingbirds                            Because approximately 84 percent of
                                                thorn forest cover, particularly since the               continues to be cleared by private                    the Honduran emerald’s suitable habitat
                                                early 1960s, mostly due to the                           landowners in order to plant pasture                  is privately owned, it is difficult to
                                                conversion of thorn forest areas to                      grass for grazing cattle (Hyman 2012                  provide protections to this species
                                                agricultural areas, such as cattle                       pers. comm.).                                         (Steiner 2012 pers. comm.; FAO 2010, p.
                                                pastures and coffee, bean, corn, and                        Several hummingbird species have                   238). In many cases, the only sites in
                                                banana plantations (World Wildlife                       persisted in fragmented tropical                      Honduras that have maintained a viable
                                                Fund 2008, p. 11; Anderson pers.                         landscapes (Stouffer & Bierregaard 1995               ecosystem in somewhat of a natural
                                                comm. 2008 in Petition 2008, p. 11;                      in Hadley & Betts 2009, p. 207).                      state are places with irregular
                                                Portillo 2007, p. 75). In Yoro, there are                However, hummingbird persistence at                   topography. Subsequently, these areas
                                                only four large patches of suitable                      the landscape scale does not indicate                 have become protected or private nature
                                                habitat for this species remaining (Perez                that the population is at the same level              reserves (Portillo 2007, p. 75). Much of
                                                and Thorn 2012, pers. comm.; Anderson                    it was prior to deforestation (Hadley &               this species’ original habitat, thorn
                                                2010). The four largest fragments are                    Betts 2009, p. 207). Flight paths used by             forest, has been cleared for housing,
                                                between 360 and 476 ha (890 and 1,176                    the green hermit hummingbird                          towns, agriculture, and cattle grazing
                                                acres), for a combined total of 1,704 ha                 (Phaethornis guy) indicate that gaps in               (Stattersfield and Capper 2000, p. 311;
                                                (4,210 acres) (Anderson 2010, p. 6). In                  suitable habitat alter hummingbird                    Thorn et al. 2000, p. 4). This species’
                                                the Aguán Valley, as of 2000, suitable                  movement pathways (Hadley 2012, p.                    remaining habitat in the Aguán Valley
                                                habitat for the Honduran emerald had                     48; Hadley & Betts 2009, p. 209). Due to              (Yoro Department) and Agalta Valley
                                                reduced in size to an estimated 8,495 ha                 the fragmentation of their habitat,                   (Olancho Department) is primarily
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                                                (20,991 acres) from 16,000 ha (39,537                    Honduran emeralds and other                           privately owned as large haciendas
                                                acres) in 1977, and 30,000 ha (74,132                    hummingbird species are forced to                     (plantations or farms), where cattle
                                                acres) in 1938 (Thorn et al. 2000, p. 25).               expend more energy moving between                     grazing, clearing for cattle, and
                                                Even with the rediscovery of the species                 suitable habitat patches to breed, feed,              plantation agriculture continues to
                                                in Santa Barbara and the extension of its                and nest; the flight of hummingbirds is               occur (Stattersfield and Capper 2000, p.
                                                range in Olancho, the species’ habitat                   one of the most energetically demanding               311). In the lower river valley,
                                                has been reduced due to habitat                          forms of animal locomotion (Buermann                  agricultural cooperatives are raising


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                                                45092                  Federal Register / Vol. 80, No. 145 / Wednesday, July 29, 2015 / Rules and Regulations

                                                citrus fruits, corn (maize), rice, and                                  nurseries, palm oil collecting sites, and                               To provide perspective on the
                                                African palm for oil (WWF 2008, p. 12).                                 other infrastructure. Honduras’ palm oil                             magnitude of the production in this
                                                Because most of this species’ habitat is                                industry exported over $21 million U.S.                              valley, the Aguán Valley Palm
                                                unprotected, the species is likely to                                   dollars’ worth of palm oil in 2004, and                              Producers Association (APROVA) is a
                                                continue to experience habitat                                          Honduras is expected to increase its                                 cooperative of 154 oil palm farmers
                                                degradation through conversion of its                                   production of palm oil for biofuel                                   (USDA 2012, pp. 1–3). In 2009,
                                                habitat to other uses such as cattle                                    (Silvestri 2008, pp. ii–iii). Other                                  APROVA opened its first palm oil
                                                grazing and agricultural plantations.                                   countries are encouraging Honduras to                                processing plant, which processes up to
                                                                                                                        increase production of palm oil, which                               five tons of palm oil per day (USDA
                                                Palm Oil Production
                                                                                                                        would likely affect the Aguán River                                 2012, pp. 1–3); there are now five
                                                   Although palm oil plantations in the                                 Basin (Silvestri 2008, pp. 47; WWF                                   processing plants. As of 1938, within
                                                Aguán River Basin have not been                                        2008, pp. 37–38). These changes in land                              the Aguán Valley 30,000 ha (74,131 ac)
                                                directly implicated as the cause of                                     use have had an environmental cost                                   were the arid, thorn forest preferred by
                                                Honduran emerald habitat loss, palm oil                                 (WWF 2008, pp. 30, 53–54), such as                                   the Honduran emerald (Tierra America
                                                plantations have replaced pasture lands                                 land degradation through deforestation                               2012, pp. 1–2). By 1977, suitable habitat
                                                that were left behind after the banana                                  and exposure to fertilizers and                                      for the Honduran emerald hummingbird
                                                plantations diminished from their initial                               pesticides, which are discussed below.                               had been reduced to 16,000 ha (39,537
                                                success during the first part of the 20th                               Although the conversion to palm oil                                  ac), and in 2000, only 8,495 ha (20,991
                                                century (WWF 2008, p. 30). The palm                                     plantations may not be occurring                                     ac) remained. Of that area, only 3,900 ha
                                                oil production in the Aguán River Basin                                directly in Honduran emerald                                         (9,637 ac) can be considered preserved
                                                is concentrated between Sava and                                        hummingbird habitat, its effects may                                 well enough to sustain significant
                                                Tumbaderos (WWF 2008, p. 17) and                                        impact this species via the development                              populations of the Honduran emerald
                                                covers 28,082 ha (69,392 ac.). The area                                 of roads, habitat conversion, and                                    hummingbird (Mejı́a pers. comm. in
                                                includes plantations, processing plants,                                settlements.                                                         Tierra America 2012).

                                                                                                              TABLE 1—LAND REDUCTION IN THE AGUÁN VALLEY
                                                                                                           Aguán Valley                                                                       Year          Hectares        Acres

                                                Tropical Dry Forest ......................................................................................................................            1938       30,000         74,131
                                                Tropical Dry Forest ......................................................................................................................            1977       16,000         39,537
                                                Tropical Dry Forest ......................................................................................................................            2000        8,495         20,991
                                                   Source: Thorn et al. 2000.


                                                Pesticides and Fertilizers                                              (Acevedo et al. 2008, p. 1). The                                     most productive agricultural areas of the
                                                                                                                        agricultural sector is the most important                            country due to poor road infrastructure.
                                                   The World Wide Fund for Nature                                       of the Honduran economy (Acevedo et                                  The road improvement project (Central
                                                (WWF) notes that agricultural                                           al. 2008, p. 1); however, this sector is                             Road, Route no. 23) is funded by the
                                                production yield level can only be                                      limited by difficulties of transportation                            World Bank through the ‘‘Second
                                                increased with the use of agrochemicals                                 and access to many of the productive                                 Reconstruction and Improvement
                                                such as fertilizer and pesticides, which                                areas of the country due to poor road                                Project Road’’ (World Bank 2013, pp. 1–
                                                in turn all have an environmental                                       infrastructure (Quintero et al. 2007, pp.                            3; World Bank 2011, pp. 1–3; Proceso
                                                impact. Before palm oil tree canopies                                   15–18; Winograd 2006, pp. 1–5).                                      Digital 2010). The road improvement
                                                fully develop, sunlight is able to                                        Existing roads have been negatively                                project will likely bring more traffic,
                                                penetrate the ground resulting in                                       impacted by hurricanes, flooding, and                                which will increase land speculation
                                                aggressive weed growth and frequent                                     neglect after the crash of the banana                                and settlement of homes along the road,
                                                weed control is needed. Mechanical                                      industry. The Aguán and Agalta valleys,                             ultimately impacting surrounding
                                                weed mowers hauled by agricultural                                      which contain this species’ preferred                                Honduran emerald hummingbird
                                                tractors are used to keep weeds at a                                    habitat, are some of the most productive                             habitat (Perez and Thorn 2012, pers.
                                                manageable height in between rows.                                      agricultural areas of the country, and                               comm.; Steiner and Coto 2011, pp. 1–2).
                                                Before the canopy is fully developed,                                   this change in land use has decreased                                Roads through prime Honduran emerald
                                                areas around young plants are kept free                                 the available suitable habitat for the                               hummingbird habitat, which is
                                                of competing weeds mostly by chemical                                   Honduran emerald hummingbird                                         presently affected by cultivation of
                                                herbicides and by manually removing                                     (Acevedo et al. 2008, p. 1). These                                   bananas and plantains, link the river
                                                them (WWF 2008, pp. 24–25). However,                                    agricultural areas of the country are in                             valley to the ports at Tela, La Ceiba,
                                                these plantations are approximately 161                                 the departments of Atlantida (Aguán                                 Trujillo, and Puerto Cortés.
                                                km (100 miles) north of the Honduran                                    Valley) and Olancho (Agalta and                                         There are plans to pave the road
                                                emerald hummingbird’s habitat, and are                                  Guayape valleys) and include bananas,                                between Olanchito (Yoro Department)
                                                not known to directly affect this species                               coffee, palm oil, corn, beans, edible                                and San Lorenzo (Valle Department
                                                (Hyman 2012, pers. comm.). Therefore,                                   vegetables, fruits, and other crops. The                             (southcentral Honduras)), an
                                                we do not find pesticides and fertilizers                               improvement and development of roads                                 approximately 57-km (35-mile) stretch
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                                                to be a threat to the continued existence                               to transport agricultural products to                                that currently passes through the Aguán
                                                of this species.                                                        economic hubs is being considered by                                 Valley, which will further impact this
                                                Roads                                                                   the Government of Honduras, which                                    species’ habitat (Hyman 2012; pers.
                                                                                                                        may affect the Honduran emerald                                      comm.; World Bank 2011, pp. 1–3;
                                                  Honduras is ranked among the                                          hummingbird’s habitat.                                               Anderson pers. comm. 2008 in Petition
                                                countries with the lowest development                                     Growth in this economic sector is                                  2008; Hyman 2007, p. 10). This project
                                                of road networks in Central America                                     impeded by the lack of access to the                                 has been contingent on several factors,


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                                                                  Federal Register / Vol. 80, No. 145 / Wednesday, July 29, 2015 / Rules and Regulations                                        45093

                                                such as a loan from the World Bank and                   projects may be underway in the Agalta                Disease and Predation
                                                implementation of measures to mitigate                   Valley (Bonta 2012, pers. comm.). Bonta                 The Intergovernmental Panel on
                                                the impact on the environment. A 2007                    indicates that the following projects,                Climate Change (2014, pp. 1530–1532)
                                                World Bank report indicated that during                  which can be located at http://                       suggests that the distribution of some
                                                the project planning stage, the scope of                 www.hondurasopenforbusiness.com, are                  disease vectors may change as a result
                                                the project changed so that the road                     likely to affect the Honduran emerald                 of climate change. However, after
                                                segment passing through vital habitat                    hummingbird’s habitat.                                conducting a status review of the
                                                for the Honduran emerald hummingbird                        • AGR112: Production of Transgenic
                                                                                                                                                               Honduran emerald hummingbird and
                                                was not implemented (Quintero 2007,                      Certified Maize,
                                                                                                            • AGR126: Cultivation of Piñón,                  consulting with experts, we have no
                                                pp. 14–16). In this report, the World
                                                                                                         Jatropha curcas, for biodiesel (5,000 ha              information at this time to suggest that
                                                Bank indicated that payments for an
                                                                                                         in the Agalta Valley),                                any specific diseases are or may become
                                                environmental services plan, if
                                                                                                            • AGR401: Cultivation of Piñón                   problematic to this species.
                                                successfully implemented, could lead to
                                                the long-term protection of an                           (5,000 ha in the Agalta Valley),                      Small and Declining Population
                                                additional 1,000–2,000 ha (2,474–4,942                      • AGR402: Cultivation of Piñón,
                                                                                                            • FOR204: Teak (Tectona grandis)                      In our proposed rule (78 FR 59), we
                                                acres) of Honduran emerald                                                                                     found that the species’ small population
                                                hummingbird habitat on private lands.                    plantation: 20,000 ha in three valleys;
                                                                                                         estimate of 4,000 to 8,000 ha in the                  size (at the time of our proposal,
                                                This, in turn, would address                                                                                   estimated to be 200–1,000 individuals)
                                                environmental concerns associated with                   Agalta Valley.
                                                                                                            Although highway construction,                     combined with its highly restricted and
                                                the proposed paving of the Olanchito-                                                                          severely fragmented range, increased the
                                                San Lorenzo road (Quintero et al. 2007,                  agricultural development, and resulting
                                                                                                         infrastructure is likely to occur in the              species’ vulnerability to adverse natural
                                                p. 15). The original plans for this project                                                                    events. The species’ potential exposure
                                                included a target completion date of                     Agalta Valley, it is unclear how these
                                                                                                         activities would negatively affect the                to extreme weather events such as
                                                December 2014 (World Bank 2013, pp.
                                                                                                         Honduran emerald hummingbird in this                  hurricanes, extended periods of
                                                1–2); however, the best available
                                                                                                         valley. To mitigate the effects of                    drought, or flooding, in combination
                                                information indicates that the closing
                                                                                                         development in this area, a Honduran                  with habitat loss and degradation was
                                                date of the loan has been extended to
                                                                                                         emerald hummingbird conservation                      believed to be affecting the continued
                                                May 31, 2015 and implementation
                                                                                                         strategy paper for the Agalta Valley was              existence of the species throughout its
                                                progress on the proposed infrastructure
                                                                                                         funded by the Inter-American                          range.
                                                was rated as moderately successful
                                                                                                         Development Bank (IADB) and partially                    During the public comment period,
                                                (World Bank 2015, unpaginated; World
                                                                                                         developed by the American Bird                        we received new information indicating
                                                Bank 2014, p. 1–6).
                                                   The Agalta Valley is traversed by a                   Conservancy. In the area of influence of              that the population estimates were
                                                highway that has been proposed to be                     IADB project HO–L1003, the strategy                   much higher than previously believed
                                                repaved (Inter-American Development                      paper identified 20 remaining fragments               (5,000–10,000 breeding pairs) (see
                                                Bank 2013, pp. 1–2; Hyman 2012, pers.                    of suitable Honduran emerald                          Population Estimates). Based upon this
                                                comm). This region is an area with a                     hummingbird habitat; all but one of                   updated estimate, we have re-evaluated
                                                high rate of poverty, and this highway                   these fragments is located on private                 whether the populations are susceptible
                                                is, in part, intended to improve the                     land. The paper recommended                           to the risks associated with small and
                                                economic conditions in this region. This                 development of a payments-for-                        declining populations as described in
                                                region contains approximately 50,000                     ecosystem-services scheme (PES                        detail below.
                                                human inhabitants. The highway will                      scheme) as the most viable conservation                  Endemic to Honduras, Honduran
                                                complete the second paved transit route                  option. This concept would compensate                 emeralds hummingbirds have been
                                                between the Pacific and Atlantic oceans                  landowners for conserving or restoring                found in seven populations. In the Santa
                                                in Honduras. The road is being                           Honduran emerald hummingbird                          Barbara Department (western
                                                improved in order to provide a better                    habitat found on their land in the Agalta             Honduras), they have been found in
                                                link between Tegucigalpa and the                         Valley; however, it is unclear whether                three separate valleys, Tencoa Valley,
                                                Atlantic coast of Honduras and will                      this has been implemented (IADB 2013,                 Jicatuyo/Ulua river valley, and the
                                                better connect the Departments of                        pp. 1–2).                                             Quimistan Valley. Anderson et al.
                                                Francisco Morazán, Olancho, and                                                                               (2013, p. 14) estimates a combined
                                                                                                         International Trade                                   population for these three valleys to be
                                                Colón. It is unclear how this highway
                                                will affect the remaining 5,000 ha                          Data obtained from the United                      roughly 2,500–5,000 breeding pairs;
                                                (12,355 ac) of this species’ habitat                     Nations Environment Programme—                        however, the researcher notes that no
                                                (Bonta 2011, pers. comm.) in this valley.                World Conservation Monitoring Center                  comprehensive, peer-reviewed
                                                                                                         (UNEP–WCMC) show that, since its                      population estimate has been completed
                                                Hydroelectric and Development Projects                   listing in CITES Appendix II in 1987,                 for this area and as such, there is no
                                                   The construction of several                           only two Honduran emerald                             current information indicating how the
                                                development projects could possibly                      hummingbird specimens have been                       populations are distributed between the
                                                affect this species’ habitat (Bonta 2012,                recorded in international trade,                      three separate valleys. Anderson et al.
                                                pers. comm.) in the Agalta Valley and                    involving two carcasses of unknown                    (2010, p. 258) stated that during
                                                the Tencoa Valley. At least two                          origin from Germany to the United                     research in Tencoa Valley alone, they
                                                hydroelectric projects have become                       States in 1996 (UNEP–WCMC 2009b).                     found individuals in five habitat
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                                                operational in recent years (Bonta 2012,                 Therefore, international trade is not a               fragments, each fragment measuring
                                                pers. comm.). These projects could                       factor influencing the species’ status in             between 5 to 60 hectares (ha), separated
                                                likely result in more infrastructure                     the wild. We are not aware of any other               from each other by at least 5 km. A
                                                development in the Valley, which could                   information that indicates that                       single individual was found in a 40 ha
                                                also affect the Honduran emerald                         collection or overutilization of the                  forest fragment in Quimistan Valley
                                                hummingbird’s habitat. Additionally,                     Honduran emerald hummingbird is                       (Anderson et al. 2010, p. 258). In the
                                                several agricultural development                         affecting this species.                               Yoro Department, a single population


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                                                45094             Federal Register / Vol. 80, No. 145 / Wednesday, July 29, 2015 / Rules and Regulations

                                                exists in the Aguán Valley, a                           utilization of foraging techniques that               ‘‘climate change’’ refers to a change in
                                                considerable distance from other known                   maximize the amount of nectar (energy)                the mean, variability, or seasonality of
                                                populations; Anderson et al. (2010, p.                   at a minimum cost. The degradation,                   climate variables over time periods of
                                                259) estimates that the Santa Barbara                    fragmentation, and loss of habitat cause              decades or hundreds of years
                                                populations are 200 km west of the                       the species to expend more energy and                 (Intergovernmental Panel on Climate
                                                population in the Aguán Valley.                         resources in search of its basic                      Change (IPCC) 2014b, p. 5). Forecasts of
                                                Anderson et al. (2013, p. 14) estimates                  nutritional requirements (Justino et al.              the rate and consequences of future
                                                a population of 1,000–2,000 breeding                     2012, pp. 194–195; Hadley and Betts                   climate change are based on the results
                                                pairs within the Aguán Valley. In the                   2009, p. 207). Habitat degradation,                   of extensive modeling efforts conducted
                                                Olancho Department, Honduran                             fragmentation, and loss can separate                  by scientists around the world (Solman
                                                emeralds are found in three separate                     populations to the point where                        2011, p. 20; Laurance and Useche 2009,
                                                valleys, Agalta, Tilica, and Guayape.                    individuals can no longer disperse and                p. 1,432; Nuñez et al. 2008, p. 1;
                                                Anderson et al. (2013, p. 14) estimates                  breed among habitat patches, causing a                Margeno 2008, p. 1; Meehl et al. 2007,
                                                a population of 1,000–2,000 breeding                     shift in the demographic characteristics              p. 753).
                                                pairs within Agalta Valley. In Guayape,                  of a population and a reduction in                       Climate change models, like all other
                                                the species is believed to have been                     genetic fitness (Gilpin and Soulé 1986,              scientific models, produce projections
                                                extirpated. In 2012 and 2013,                            p. 31). A small, declining population                 that have some uncertainty because of
                                                researchers were unable to detect a                      makes the species vulnerable to genetic               the assumptions used, the data
                                                single individual within this valley.                    stochasticity (random changes in the                  available, and the specific model
                                                Connected to Guayape Valley through a                    genetic composition of a population)                  features. The science supporting climate
                                                habitat corridor, it is believed the                     due to inbreeding depression and                      model projections, as well as models
                                                remaining population in the Tilica                       genetic drift (random changes in gene                 assessing their impacts on species and
                                                Valley may have historically been a part                 frequency). This, in turn, compromises                habitats, will continue to be refined as
                                                of the now-extirpated population                         a species’ ability to adapt genetically to            more information becomes available.
                                                (Anderson et al. 2013, p. 13). In Tilica,                changing environments (Frankham                       While projections from regional climate
                                                the population is estimated to be                        1996, p. 1,507), reduces fitness, and                 model simulations are informative,
                                                between 500–1,000 breeding pairs.                        increases extinction risk (Reed and                   various methods to downscale
                                                   Despite the increased total population                Frankham 2003, pp. 233–234).                          projections to more localized areas in
                                                estimate of 5,000–10,000 breeding pairs,                    Although new population estimates                  which the species lives are still
                                                research suggests the individual                         have increased the worldwide                          imperfect and under development
                                                populations are small, including one                     population estimate from 200–1,000                    (Solman 2011, p. 20; Nuñez et al. 2008,
                                                population that is presumably                            individuals to 5,000 to 10,000 breeding               p. 1; Marengo 2008, p. 1).
                                                extirpated. Research illustrates that the                pairs, the individual populations of                     Honduras appears to have entered a
                                                populations are both geographically and                  Honduran emerald are small and                        more active period of hurricane activity
                                                genetically isolated from one another.                   declining. Additionally, the species                  (Pielke et al. 2003, p. 102). Studies of
                                                According to Anderson et al. (2013, p.                   range is restricted within Honduras and               natural events in the last 100 years
                                                3), there has been no evidence to date                   the individual populations are                        indicate that Honduras is highly
                                                of Honduran emeralds being found                         geographically and genetically isolated               vulnerable to an increase in frequency
                                                between any of the seven valleys,                        from one another. The Honduran                        and intensity in the future not only
                                                indicating that while there is the                       emeralds small and declining                          hurricanes, but also landslides,
                                                potential for gene flow between the                      populations combined with their highly                flooding, and drought (Şekercioğlu et al.
                                                populations, the probability is minimal.                 restricted and severely fragmented range              2011; Gasner et al. 2010, p. 1250;
                                                   Species endemic to a few, widely                      increase the species’ vulnerability to                Winograd 2006, p. 1). Due to its location
                                                dispersed locations are inherently more                  adverse natural events and are affecting              and the biophysical traits of the region,
                                                vulnerable to extinction than                            the continuing existence of the species               Honduras is likely to be affected every
                                                widespread species because of the                        throughout its range.                                 3 to 4 years by climate-related events,
                                                higher risks from genetic bottlenecks,                                                                         such as drought-related fires, floods,
                                                random demographic fluctuations,                         Extreme Weather Events                                and landslides (Winograd 2006, p. 1).
                                                climate change, and localized                               Small, declining populations can also              Winograd notes that 50 percent of
                                                catastrophes such as hurricanes,                         be especially vulnerable to                           Honduras is at risk of landslides, 30
                                                landslides, and drought (Lande 1988, p.                  environmental disturbances such as                    percent is at risk of severe droughts, and
                                                1,455; Mangel and Tier 1994, p. 607;                     flooding, drought, or hurricanes                      25 percent is at risk of flooding,
                                                Pimm et al. 1988, p. 757). Small                         (O’Grady 2004, pp. 513–514). The                      particularly agricultural areas.
                                                populations can be more affected by                      Honduran emerald relies on arid, thorn                   Arid-zone species are assumed to be
                                                factors such as demographic                              forest habitat to provide nectar-                     more resilient to high temperatures and
                                                stochasticity (variability in population                 producing plant species for energy and                low humidity (Şekercioğlu et al. 2012,
                                                growth rates arising from random                         insects for protein in order to meet the              p. 5). However, species such as the
                                                differences among individuals in                         biological requirements for breeding,                 Honduran emerald hummingbird are
                                                survival and reproduction within a                       feeding, and nesting. In 2012, Honduras               exposed to very dry conditions and are
                                                season), local catastrophes, and                         was determined to be one of the                       likely dependent on seasonal rains, as
                                                inbreeding (Pimm et al. 1988, pp. 757,                   countries most affected by climate                    well as seasonal and permanent
                                                773–775). Due primarily to the current                   change due to its geographic location,                waterholes and rivers (Schneider and
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                                                rate of habitat fragmentation,                           which is in the direct path of many                   Griesser 2009 in Şekercioğlu et al. 2011,
                                                degradation, and loss, each Honduran                     tropical storms and hurricanes                        p. 5). Even small temperature increases
                                                emerald population is considered to be                   (Harmeling 2012, pp. 5–6). Research and               can greatly increase the amount of birds’
                                                declining within their individual                        modeling have explored how changes in                 evaporative water loss (Şekercioğlu et
                                                locales. Hummingbirds’ flight and                        climate might affect areas such as                    al. 2011, p. 5). Warmer weather due to
                                                hovering abilities require a large amount                Honduras (Gasner et al. 2010, p. 1,250;               climate change is expected to impact the
                                                of energy; this necessitates the                         Winograd 2002, p. 11). The term                       ability of birds in arid regions to sustain


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                                                                  Federal Register / Vol. 80, No. 145 / Wednesday, July 29, 2015 / Rules and Regulations                                          45095

                                                their water balance; this species has                    2007, p. 63; Vreugdenhil et al. 2002, pp.             (1,609 ac) of dry forest habitat remaining
                                                been observed at higher elevations                       6, 11, 20–25). Although the government                that is suitable for the Honduran
                                                (Germer 2012); which may indicate a                      of Honduras has shown initiative in                   emerald hummingbird (Perez and Thorn
                                                response to warmer temperatures.                         protecting the species, implementation                2012, pers. comm.; Thorn et al. 2000 in
                                                   Climate models are not always able to                 and enforcement seem to be lacking.                   Anderson 2010, p. 6). The Honduran
                                                predict the possible effects of ecological               Additionally, development projects are                Emerald Reserve is guarded by
                                                interactions, adaptation, or how species,                still occurring, such as the hydroelectric            Honduran Air Force soldiers, who
                                                particularly pollinators, might disperse                 projects in Santa Barbara. Privately                  patrol the reserve and do not allow
                                                in response to climate change                            owned land continues to be sold to land               visitors into the protected area without
                                                (Buermann et al. 2011, p. 1,671; Burkle                  speculators and converted from                        prior permission (Hyman 2012 pers.
                                                and Alarcón 2011, p. 528; Pearson and                   Honduran emerald hummingbird                          comm.). However, cattle from
                                                Dawson 2003, p. 361). Honduras is                        habitat to other uses, such as agriculture            neighboring land owners are frequently
                                                clearly in the path of hurricanes                        or cattle pastures.                                   found grazing uncontrolled on the
                                                (Winograd 2006, 2002; Pielke et al.                                                                            property within Honduran emerald
                                                2003, pp. 101–103). While additional                     NGO Involvement and the Honduran
                                                                                                                                                               habitat (Steiner 2011, p. 1; House 2004,
                                                research is still needed to determine                    Emerald Reserve
                                                                                                                                                               p. 30). Despite conservation efforts, land
                                                how changes in climate may affect                           In Honduras, several NGOs, such as                 owners around the protected area want
                                                species such as the Honduran emerald                     The Nature Conservancy (TNC) and the                  to expand their properties and are
                                                hummingbird, studies indicate that                       Honduran Biodiversity Research                        cutting more suitable habitat in order to
                                                Honduras is highly vulnerable to an                      Coalition, are participating in the                   plant grass for cattle grazing (Hyman
                                                increase in frequency and intensity in                   conservation and management of this                   and Steiner 2012, pers. comm.). Because
                                                hurricanes, landslides, flooding, and                    species. One protected area, the                      encroachment and livestock grazing
                                                drought (Şekercioğlu et al. 2011; Gasner               Honduran Emerald Reserve (Reserve),                   continue to occur both around and in
                                                et al. 2010, p. 1250; Hegland et al. 2009,               was established by the Honduran                       the protected area, and this species
                                                p. 184; Winograd 2006, p. 1). As the                     Government in 2005, with support from                 requires more suitable habitat than what
                                                Honduran emerald has a restricted range                  TNC. TNC has provided both technical                  exists in this protected area, this area is
                                                within Honduras, and the seven                           and financial support to the government               insufficient to provide adequate suitable
                                                remaining populations are small and                      and local community groups to                         habitat for this species.
                                                declining, we find that that the                         complete a 10-year management plan for                   Another entity working towards
                                                Honduran emeralds potential exposure                     the Reserve. This Reserve was                         conservation of the Honduran emerald
                                                to extreme weather events, in                            established in connection with funding                is the Honduran Biodiversity Research
                                                combination with habitat loss and                        from the World Bank to finish building                Coalition, which is a group of scientists
                                                degradation, is affecting the continued                  the main highway linking the capital                  and conservationists established in 2011
                                                existence of the species throughout its                  with Olanchito, Yoro, via Cedros                      that undertakes and promotes
                                                range.                                                   Francisco Morazán (Steiner and Coto                  biodiversity research and conservation
                                                                                                         2011, pp. 1–2) (refer to Roads, above).               in Honduras. The American Bird
                                                Conservation Measures in Place                           Some aspects of TNC’s involvement                     Conservancy is another NGO working to
                                                  Several mechanisms are in place                        have included marking the official                    protect this species. One of its current
                                                which are intended to provide                            reserve boundaries and providing                      goals is to work towards the
                                                protections to the Honduran emerald                      training to partners in the management                development of a payment for
                                                hummingbird. These protections                           of reserves and protected areas.                      ecosystems services project in the
                                                include involvement by                                      In 2009, the National Conservation                 Agalta Valley to restore and protect
                                                nongovernmental organizations (NGOs),                    and Forestry Institute (ICF) began a                  Honduran emerald hummingbird
                                                wildlife protection laws, and a reserve                  management plan for the protected area                habitat.
                                                designated to protect its habitat. These                 specifically for the Honduran emerald.                   In conclusion, Honduras is improving
                                                mechanisms are described below.                          This was with the participation of                    its management of its resources (Food
                                                                                                         nearby municipalities, Arenal                         and Agriculture Organization of the
                                                Laws and Regulatory Mechanisms                           Olanchito, the department of Yoro,                    United Nations 2010). However, most of
                                                   Honduras has made significant                         SOPTRAVI Honduras Armed Forces                        the habitat required by the Honduran
                                                progress in conservation of its natural                  (HAF), the Ministry of Education                      emerald hummingbird is privately
                                                resources (Portillo 2007, p. 60;                         through the Regional Environmental                    owned, and the thorn forests are being
                                                Vreugdenhil et al. 2002, pp. 6, 11, 20–                  Education Center, CREATE, the                         converted to other uses that are not
                                                25). In the past 30 years, protected areas               Ministry of Tourism, and the Ministry of              suitable for this species. Despite the
                                                have increased from fewer than 20                        Environment and Natural Resources                     progress made in Honduras with respect
                                                protected areas to approximately 600                     (Steiner and Coto 2011, pp. 1–2; Portillo             to laws and regulatory mechanisms in
                                                areas with nationally protected status                   2007, p. 99). The Interagency Technical               place to protect the Honduran emerald
                                                (Portillo 2007, p. 60). Between 1974 and                 Committee for Monitoring and                          hummingbird, the species continues to
                                                1987, meetings were held with regional                   Honduran Emerald Hummingbird                          face habitat degradation and
                                                authorities in order to promote the                      Habitat Management Area was formed.                   fragmentation.
                                                conservation of the natural and cultural                 In 2010, the ICF, with financial support
                                                heritage of Honduras (Portillo 2007, p.                  from TNC, finalized the management                    Finding (Listing Determination)
                                                60). In 2003, the First Mesoamerican                     plan for the protected area (Resolution                  A species is ‘‘endangered’’ for
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                                                Congress on Protected Areas was held in                  No. DE–MP–147–2010).                                  purposes of the Act if it is in danger of
                                                Managua, Nicaragua. In 2010, Honduras                       This reserve is located 34 km (21                  extinction throughout all or a significant
                                                began an initiative to recover degraded                  miles) west of the city Olanchito in the              portion of its range. A species is
                                                areas and denuded forests (ECOLEX                        Aguán Valley. The reserve encompasses                ‘‘threatened’’ for purposes of the Act if
                                                2012). However, in some cases, these                     1,217 ha (3,007 ac) and spans elevations              it is likely to become an endangered
                                                protected areas have not been managed                    between 220 and 800 meters (722 and                   species within the foreseeable future
                                                effectively, as described below (Portillo                2,625 ft). As of 2012, there were 651 ha              throughout all or a significant portion of


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                                                45096             Federal Register / Vol. 80, No. 145 / Wednesday, July 29, 2015 / Rules and Regulations

                                                its range. Thus, in the context of the                   of nectar and insects. In order to meet               and increased periods of drought (Factor
                                                Act, the Service interprets an                           its energy and nutritional requirements,              E)) are impacting this species’ habitat.
                                                ‘‘endangered species’’ to be one that is                 this species needs access to intact,                     The species’ small population size
                                                presently in danger of extinction. A                     suitable habitat with a diversity of plant            (Factor E), combined with its restricted
                                                ‘‘threatened species,’’ on the other hand,               species that contain abundant energy                  and severely fragmented range (factor
                                                is not presently in danger of extinction,                sources throughout the year.                          A), increase the species’ vulnerability to
                                                but is likely to become so in the                           We find that habitat loss due to                   adverse natural events (Factor E) that
                                                foreseeable future. In other words, the                  conversion to agricultural development                destroy individuals and their habitat.
                                                primary statutory difference between a                   and cattle pastures is the main factor                The species’ potential exposure to
                                                threatened and endangered species is                     affecting the Honduran emerald                        extreme weather events, such as
                                                the timing of when a species may be in                   hummingbird throughout its range                      hurricanes, extended periods of
                                                danger of extinction, either presently                   (Factor A) (Komar et al. 2013, p. 40;                 drought, or flooding, in combination
                                                (endangered) or in the foreseeable future                Anderson et al. 2013, pp. 1–15; Bonta                 with habitat degradation and
                                                (threatened). The statute requires us to                 2012 pers. comm.; Perez and Thorn                     fragmentation, is currently affecting the
                                                determine whether any species is                         2012 pers. comm.). Habitat degradation                continued existence of the species
                                                endangered or threatened as a result of                  and loss continue to occur and affect the             throughout its range now and in the
                                                any one or combination of the following                  species throughout its range.                         future.
                                                five factors in section 4(a)(1) of the Act:              Uncontrolled clearing of the Honduran                    In conclusion, we have carefully
                                                (A) The present or threatened                            emerald’s dry forest habitat for pastures             assessed the best scientific and
                                                destruction, modification, or                            or plantation agriculture has restricted              commercial information available
                                                curtailment of its habitat or range; (B)                 the species to a few small, isolated                  regarding the past, present, and future
                                                overutilization for commercial,                          ‘‘islands’’ of suitable dry forest habitat            threats affecting this species. We have
                                                recreational, scientific, or educational                 surrounded by banana plantations or                   identified multiple factors that have
                                                purposes; (C) disease or predation; (D)                  cattle ranches (Perez and Thorn 2012,                 interrelated impacts on this species.
                                                the inadequacy of existing regulatory                    pers. comm.). Its current occupied and                These factors occur at a scale sufficient
                                                mechanisms; or (E) other natural or                      suitable range has been greatly reduced               to affect the status of the species now
                                                manmade factors affecting its continued                  and is severely fragmented. This                      and in the future. The most significant
                                                existence. In considering what factors                   hummingbird species is expending                      threat is habitat degradation and
                                                might constitute threats to a species, we                more energy in order to find food                     fragmentation due to conversion from
                                                must look beyond the mere exposure of                    sources to meet its nutritional needs,                thorn forest to agriculture and cattle
                                                the species to the factor to evaluate                    and as its suitable habitat becomes more              pastures. Both biotic and abiotic
                                                whether the species may respond to the                   scarce and fragmented, these habitat                  ecological interactions influence
                                                factor in a way that causes actual                       islands are growing farther apart.                    species’ distributions (Jankowski et al.
                                                impacts to the species. If there is
                                                                                                            Historically, the Honduran emerald                 2010, pp. 1877–1883; Dunn et al. 2009,
                                                exposure to a factor and the species
                                                                                                         hummingbird existed in more                           pp. 3037–3041). This species requires
                                                responds negatively, the factor may be
                                                                                                         continuous, connected habitat. Its                    an environment that contains particular
                                                a threat and we attempt to determine
                                                                                                         suitable habitat has become increasingly              temperature and humidity levels,
                                                how significant a threat it is. The threat
                                                                                                         limited, and it is not likely to expand in            nectar, and insects. As a species’ status
                                                is significant if it drives, or contributes
                                                                                                         the future. This species’ population is               continues to decline, the species
                                                to, the risk of extinction of the species
                                                                                                         estimated to be between 5,000 and                     becomes increasingly vulnerable to
                                                such that the species may warrant
                                                                                                         10,000 breeding pairs distributed over                other impacts. The species’ small
                                                listing as endangered or threatened as
                                                                                                         seven valleys in Honduras. A lack of a                population size, its reproductive and
                                                those terms are defined in the Act.
                                                Section 4(b)(1)(A) of the Act requires us                sufficient number of individuals in a                 life-history traits, combined with its
                                                to make this determination based solely                  local area or a decline in their                      highly restricted and severely
                                                on the best available scientific and                     individual or collective fitness may                  fragmented range, increases this species’
                                                commercial data available after                          cause a decline in the population size,               vulnerability to one or more stochastic
                                                conducting a review of the status of the                 despite the presence of suitable habitat              (random or unpredictable) events, such
                                                species and taking into account any                      patches. In cases where populations are               as hurricanes, drought, or flooding.
                                                efforts being made by States or foreign                  small, effects on the species are                     These factors, in combination, are
                                                governments to protect the species.                      exacerbated. Any loss of potentially                  believed to be affecting the continued
                                                   In assessing whether the Honduran                     reproducing individuals could have a                  existence of the species throughout its
                                                emerald hummingbird meets the                            devastating effect on the ability of the              range now and in the future.
                                                definition of an endangered species or a                 population to increase.                                  Based on our evaluation of the best
                                                threatened species, we considered the                       A species may be affected by more                  available scientific and commercial
                                                five factors in section 4(a)(1) of the Act.              than one factor, and these factors can act            information and given the significant
                                                We conducted a review of the status of                   in combination. The most significant                  loss, degradation, and fragmentation of
                                                this species and assessed whether the                    factor affecting the Honduran emerald                 suitable habitat, we have determined the
                                                Honduran emerald hummingbird is                          hummingbird is the degradation,                       species is in danger of extinction
                                                endangered or threatened throughout all                  fragmentation, and loss of suitable                   throughout all of its range and thus
                                                or a significant portion of its range. We                habitat (Factor A). Fragmentation and                 meets the definition of an endangered
                                                also reviewed all information we                         isolation of populations can decrease                 species. Because the species is in danger
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                                                received during the public comment                       the fitness and reproductive potential of             of extinction now, as opposed to likely
                                                period. We have assessed the best                        the species, which exacerbate other                   to become an endangered species within
                                                scientific and commercial information                    threats. Changes in Honduras’ climate                 the foreseeable future, the Honduran
                                                available regarding the past, present,                   are acting in combination with other                  emerald hummingbird meets the
                                                and future threats affecting this species.               factors to affect this species’ habitat.              definition of an endangered species
                                                   This species requires a constant                      Extreme weather events (an increase in                rather than a threatened species.
                                                source of energy, primarily in the form                  the severity and frequency in hurricanes              Therefore, we are listing the Honduran


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                                                                    Federal Register / Vol. 80, No. 145 / Wednesday, July 29, 2015 / Rules and Regulations                                                              45097

                                                emerald hummingbird as endangered                              to all endangered and threatened                                 determination in the Federal Register
                                                under the Act.                                                 wildlife. These prohibitions, at 50 CFR                          on October 25, 1983 (48 FR 49244).
                                                                                                               17.21 and 17.31, in part, make it illegal
                                                Available Conservation Measures                                                                                                 References Cited
                                                                                                               for any person subject to the jurisdiction
                                                   Conservation measures provided to                           of the United States to ‘‘take’’ (includes                          A complete list of all references cited
                                                species listed as endangered or                                harass, harm, pursue, hunt, shoot,                               in this rule is available on the Internet
                                                threatened under the Act include                               wound, kill, trap, capture, or collect, or                       at http://www.regulations.gov or upon
                                                recognition, requirements for Federal                          to attempt any of these) within the                              request from the Branch of Foreign
                                                protection, and prohibitions against                           United States or upon the high seas;                             Species, Ecological Services Program,
                                                certain practices. Recognition through                         import or export; deliver, receive, carry,                       U.S. Fish and Wildlife Service (see FOR
                                                listing results in public awareness, and                       transport, or ship in interstate                                 FURTHER INFORMATION CONTACT).
                                                encourages and results in conservation                         commerce in the course of commercial
                                                actions by Federal and State                                                                                                    Author
                                                                                                               activity; or sell or offer for sale in
                                                governments, private agencies and                              interstate or foreign commerce any                                 The primary author of this rule is the
                                                interest groups, and individuals.                              endangered wildlife species. It also is                          staff of the Branch of Foreign Species,
                                                   Section 7(a) of the Act, as amended,                        illegal to possess, sell, deliver, carry,                        Ecological Services Program, U.S. Fish
                                                and as implemented by regulations at 50                        transport, or ship any such wildlife that                        and Wildlife Service.
                                                CFR part 402, requires Federal agencies                        has been taken in violation of the Act.                          List of Subjects in 50 CFR Part 17
                                                to evaluate their actions within the                           Certain exceptions apply to agents of the
                                                United States or on the high seas with                         Service and State conservation agencies.                           Endangered and threatened species,
                                                respect to any species that is proposed                           Permits may be issued to carry out                            Exports, Imports, Reporting and
                                                or listed as endangered or threatened                          otherwise prohibited activities                                  recordkeeping requirements,
                                                and with respect to its critical habitat,                      involving endangered and threatened                              Transportation.
                                                if any is being designated. However,                           wildlife species under certain                                   Regulation Promulgation
                                                given that the Honduran emerald                                circumstances. Regulations governing
                                                hummingbird is not native to the United                        permits for endangered species are                                 Accordingly, we amend part 17,
                                                States, we are not designating critical                        codified at 50 CFR 17.22. With regard to                         subchapter B of chapter I, title 50 of the
                                                habitat for this species under section 4                       endangered wildlife, a permit may be                             Code of Federal Regulations, as set forth
                                                of the Act.                                                    issued for the following purposes: For                           below:
                                                   Section 8(a) of the Act authorizes the                      scientific purposes, to enhance the
                                                provision of limited financial assistance                                                                                       PART 17—[AMENDED]
                                                                                                               propagation or survival of the species,
                                                for the development and management of                          and for incidental take in connection                            ■ 1. The authority citation for part 17
                                                programs that the Secretary of the                             with otherwise lawful activities.                                continues to read as follows:
                                                Interior determines to be necessary or
                                                useful for the conservation of                                 National Environmental Policy Act                                  Authority: 16 U.S.C. 1361–1407; 1531–
                                                endangered and threatened species in                           (NEPA)                                                           1544; 4201–4245, unless otherwise noted.
                                                foreign countries. Sections 8(b) and 8(c)                        We have determined that                                        ■ 2. Amend § 17.11(h) by adding a new
                                                of the Act authorize the Secretary to                          environmental assessments and                                    entry for ‘‘Hummingbird, Honduran
                                                encourage conservation programs for                            environmental impact statements, as                              emerald’’ in alphabetical order under
                                                foreign endangered species and to                              defined under the authority of the                               BIRDS to the List of Endangered and
                                                provide assistance for such programs in                        National Environmental Policy Act of                             Threatened Wildlife to read as follows:
                                                the form of personnel and the training                         1969 (42 U.S.C. 4321 et seq.), need not
                                                of personnel.                                                  be prepared in connection with                                   § 17.11 Endangered and threatened
                                                   The Act and its implementing                                regulations adopted under section 4(a)                           wildlife.
                                                regulations set forth a series of general                      of the Act. We published a notice                                *       *    *       *      *
                                                prohibitions and exceptions that apply                         outlining our reasons for this                                       (h) * * *

                                                                     Species                                                            Vertebrate popu-
                                                                                                                 Historic                                                               When             Critical   Special
                                                                                                                                      lation where endan-             Status
                                                                                                                  range                                                                 listed           habitat     rules
                                                    Common name               Scientific name                                         gered or threatened


                                                          *                             *                           *                          *                        *                        *                  *
                                                        BIRDS

                                                        *                          *                            *                           *                           *                        *                  *
                                                Hummingbird, Hon-          Amazilia luciae ......         Honduras ...............    Entire .....................          E            805               NA           NA
                                                 duran emerald.

                                                           *                            *                           *                          *                        *                        *                  *



                                                *      *       *       *       *                                 Dated: July 15, 2015.
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                                                                                                               James Kurth,
                                                                                                               Acting Deputy Director, U.S. Fish and Wildlife
                                                                                                               Service.
                                                                                                               [FR Doc. 2015–18602 Filed 7–28–15; 8:45 am]
                                                                                                               BILLING CODE 4310–55–P




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Document Created: 2015-12-15 13:05:50
Document Modified: 2015-12-15 13:05:50
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis final rule is effective August 28, 2015.
ContactJanine Van Norman, Chief, Branch of Foreign Species, Ecological Services Program, U.S. Fish and Wildlife Service, 4401 North Fairfax Drive, Room 420, Arlington, VA 22203; 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.
FR Citation80 FR 45086 
RIN Number1018-AY64
CFR AssociatedEndangered and Threatened Species; Exports; Imports; Reporting and Recordkeeping Requirements and Transportation

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