82_FR_16586 82 FR 16522 - Endangered and Threatened Wildlife and Plants; Removal of the Scarlet-Chested Parrot and the Turquoise Parrot From the Federal List of Endangered and Threatened Wildlife

82 FR 16522 - Endangered and Threatened Wildlife and Plants; Removal of the Scarlet-Chested Parrot and the Turquoise Parrot From the Federal List of Endangered and Threatened Wildlife

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 82, Issue 64 (April 5, 2017)

Page Range16522-16540
FR Document2017-06663

We, the U.S. Fish and Wildlife Service (Service), are removing the scarlet-chested parrot (Neophema splendida) and the turquoise parrot (Neophema pulchella) from the Federal List of Endangered and Threatened Wildlife under the Endangered Species Act of 1973, as amended (Act). Our review of the status of these parrots shows that the threats have been eliminated or reduced and populations of both species are stable, with potential increases noted for the turquoise parrot in some areas. These species are not currently in danger of extinction, and are not likely to again become in danger of extinction within the foreseeable future in all or significant portions of their ranges. After the effective date of this final rule, the scarlet-chested and the turquoise parrots will remain protected under the provisions of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). To date, the scarlet-chested and turquoise parrots remain on the Approved List of Captive-bred Species under the Wild Bird Conservation Act of 1992 (WBCA).

Federal Register, Volume 82 Issue 64 (Wednesday, April 5, 2017)
[Federal Register Volume 82, Number 64 (Wednesday, April 5, 2017)]
[Rules and Regulations]
[Pages 16522-16540]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-06663]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Parts 15 and 17

[Docket No. FWS-HQ-ES-2015-0176; 4500030113]
RIN 1018-BB29


Endangered and Threatened Wildlife and Plants; Removal of the 
Scarlet-Chested Parrot and the Turquoise Parrot From the Federal List 
of Endangered and Threatened Wildlife

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), are removing 
the scarlet-chested parrot (Neophema splendida) and the turquoise 
parrot (Neophema pulchella) from the Federal List of Endangered and 
Threatened Wildlife under the Endangered Species Act of 1973, as 
amended (Act). Our review of the status of these parrots shows that the 
threats have been eliminated or reduced and populations of both species 
are stable, with potential increases noted for the turquoise parrot in 
some areas. These species are not currently in danger of extinction, 
and are not likely to again become in danger of extinction within the 
foreseeable future in all or significant portions of their ranges. 
After the effective date of this final rule, the scarlet-chested and 
the turquoise parrots will remain protected under the provisions of the 
Convention on International Trade in Endangered Species of Wild Fauna 
and Flora (CITES). To date, the scarlet-chested and turquoise parrots 
remain on the Approved List of Captive-bred Species under the Wild Bird 
Conservation Act of 1992 (WBCA).

DATES: This rule becomes effective May 5, 2017.

ADDRESSES: Comments and materials we received, as well as supporting 
documentation we used in preparing this rule, are available for public 
inspection at http://www.regulations.gov under Docket No. FWS-HQ-ES-
2015-0176. Comments, materials, and documentation that we considered in 
this rulemaking will be available by appointment during normal business 
hours at: U.S. Fish and Wildlife Service, MS: ES, 5275 Leesburg Pike, 
Falls Church, VA 22041-3803; telephone, 703-358-2171; facsimile, 703-
358-1735. If you use a telecommunications device for the deaf (TDD), 
call the Federal Relay Service at 800-877-8339.

FOR FURTHER INFORMATION CONTACT: Janine Van Norman, Chief, Branch of 
Foreign Species, Ecological Services, U.S. Fish and Wildlife Service, 
MS: ES, 5275 Leesburg Pike, Falls Church, VA 22041-3803; telephone, 
703-358-2171; facsimile, 703-358-1735. If you use a telecommunications 
device for the deaf (TDD), call the Federal Relay Service at 800-877-
8339.

SUPPLEMENTARY INFORMATION:

Executive Summary

    This document contains a final rule to remove the scarlet-chested 
parrot and the turquoise parrot from the Federal List of Endangered and 
Threatened Wildlife.

[[Page 16523]]

    Purpose of the regulatory action--We are delisting the scarlet-
chested parrot and the turquoise parrot throughout their ranges due to 
recovery under the Act. Species experts now widely characterize 
populations of the scarlet-chested parrot and the turquoise parrot as 
stable, with potential increases noted for the turquoise parrot in some 
areas. Trade in wild specimens is strictly regulated under Australia's 
national laws as well as through CITES, the Lacey Act Amendments of 
1981, as amended (16 U.S.C. 3371, et seq.), and the WBCA (16 U.S.C. 
4901-4916).
    Basis for the regulatory action--Under the Act, a species may be 
determined to be an endangered species or threatened species because of 
any of five factors: (A) The present or threatened destruction, 
modification, or curtailment of its habitat or range; (B) 
overutilization for commercial, recreational, scientific, or 
educational purposes; (C) disease or predation; (D) the inadequacy of 
existing regulatory mechanisms; or (E) other natural or manmade factors 
affecting its continued existence. We must consider the same factors in 
delisting a species. We may delist a species if the best scientific and 
commercial data indicate the species is neither endangered nor 
threatened for one or more of the following reasons: (1) The species is 
extinct; (2) the species has recovered and is no longer threatened or 
endangered; or (3) the original scientific data used at the time the 
species was classified were in error. We consider both the scarlet-
chested and turquoise parrots to be ``recovered'' because threats to 
these parrots have been reduced or eliminated, and populations of both 
species are now stable, with potential increases noted for the 
turquoise parrot in some areas.
    Peer review and public comment--We sought comments from independent 
specialists to ensure that our determination that these species have 
recovered is based on scientifically sound data, assumptions, and 
analyses. We invited these peer reviewers to comment on our status 
reviews for the scarlet-chested parrot and the turquoise parrot. We 
also considered all comments and information received during the 
reopening of the comment period (see Previous Federal Actions, below).

Previous Federal Actions

    The scarlet-chested and the turquoise parakeets of the genus 
Neophema are listed under the Act, as endangered throughout their 
entire ranges. The scarlet-chested parakeet was listed on December 2, 
1970 (35 FR 18319). The turquoise parakeet was listed on June 2, 1970 
(35 FR 8491). Both species were originally listed under the Endangered 
Species Conservation Act of 1969 (Pub. L. 91-135, 83 Stat. 275 (1969)) 
as part of a list of species classified as endangered. This list was 
retained and incorporated into the Act, and both species have remained 
listed as endangered under the Act since that time. In addition, both 
species were included by regulation in the Approved List of Captive-
bred Bird Species under the WBCA in title 50 of the Code of Federal 
Regulations at 50 CFR 15.33. The WBCA Approved List includes bird 
species that are in the appendices of CITES, and which occur in 
international trade only as captive-bred specimens. (Both species are 
listed on the WBCA Approved List and in the CITES appendices as 
``parrots''; we use the term ``parrots'' in this final rule for reasons 
set forth below in Summary of Changes from the Proposed Rule.) Captive-
bred individuals of species on the WBCA Approved List may be imported 
or exported without a WBCA permit. For additional information regarding 
protections under the Act and WBCA, please see Existing regulatory 
mechanisms, below.
    On September 22, 2000, we announced a review of all endangered and 
threatened foreign species in the Order Psittaciformes (parrots, 
parakeets, macaws, cockatoos, and others; also known as psittacine 
birds) listed under the Act (65 FR 57363). Section 4(c)(2) of the Act 
requires such a review at least once every 5 years. The purpose of the 
review is to ensure that the List of Endangered and Threatened Wildlife 
(List), found in 50 CFR 17.11, accurately reflects the most current 
status information for each listed species. We requested comments and 
the most current scientific or commercial information available on 
these species, as well as information on other species that may warrant 
future consideration for listing. If the current classification of a 
species is not consistent with the best scientific and commercial 
information available at the conclusion of a review, we may propose 
changes to the List accordingly. Based on the 2000 review, one 
commenter suggested that we reevaluate the listing of the scarlet-
chested parrot and the turquoise parrot and provided enough scientific 
information, including information and correspondence with Australian 
Government officials, to merit our further review of these species.
    On September 2, 2003, we published a proposed rule (68 FR 52169) to 
remove the scarlet-chested and turquoise parakeets from the List under 
the Act because the endangered designation no longer correctly 
reflected the current conservation status of these birds. On January 
21, 2016, we announced the reopening of the public comment period on 
our September 2, 2003, proposal to remove the scarlet-chested and 
turquoise parakeets from the List (81 FR 3373). We took these actions 
to determine whether removing these species from the List is still 
warranted, and to ensure that we sought, received, and made our 
decision based on the best scientific and commercial information 
available regarding these species and their status and threats.

Background

    This is a final rule to remove the scarlet-chested and turquoise 
parakeets from the Federal List of Endangered and Threatened Wildlife. 
This final rule contains updated information from the information 
presented in the proposed rule to remove these species from the Federal 
List of Endangered and Threatened Wildlife (68 FR 52169, September 2, 
2003) and is based on the best scientific and commercial information 
available regarding these species and their status and threats.

Summary of Changes From the Proposed Rule

    This final rule includes information summarized from status reviews 
we conducted in 2016-2017 for the scarlet-chested and the turquoise 
parrots. These status reviews are available on the Internet at http://www.regulations.gov as supporting documentation for Docket No. FWS-HQ-
ES-2015-0176.
    Sections from the status reviews were added (in part or entirely) 
to the preamble to this final rule. These new sections in the preamble 
are updates or additions to information that was presented in the 2003 
proposal to remove the scarlet-chested and turquoise parakeets from the 
list (68 FR 52169, September 2, 2003). We made changes to Previous 
Federal Actions, Summary of Status Review, and Significant Portion of 
Its Range Analysis. More detailed information about both parrots is in 
our 2016-2017 status reviews.
    In earlier rulemaking documents we used the common names ``scarlet-
chested parakeet'' and ``turquoise parakeet'' for Neophema splendida 
and N. pulchella, respectively. However, both CITES and the WBCA use 
the common names ``scarlet-chested parrot'' and ``turquoise parrot,'' 
and these common names are also used widely in the range country of 
Australia, and in the scientific literature. Therefore, we have adopted 
the use of the term ``parrot'' instead of ``parakeet'' in the

[[Page 16524]]

common name for these species in this final rule and in our 2016-2017 
status reviews.
    When these two species were included in the Approved List of 
Captive-bred Bird Species under the WBCA, the Service footnoted the 
species that require an ESA permit under 50 CFR part 17 for importation 
or other prohibited acts to avoid any confusion for the public (59 FR 
62255, 62261-63; December 2, 1994). With this final rule, these two 
species will no longer require an ESA permit under 50 CFR part 17. 
Accordingly, in order to avoid confusion, in this final rule we are 
also amending 50 CFR 15.33(a) simply to make technical corrections to 
delete the informational footnote superscripts from the entries for 
these two species and to reflect that the informational footnote now 
applies to only one species on the WBCA Approved List. These changes 
are being made with this final rule because they are noncontroversial 
actions necessary for clarity and consistency that are in the best 
interest of the public and should be undertaken in as timely a manner 
as possible.

Scarlet-Chested Parrot

Summary of Status Review

Taxonomy

    Both the scarlet-chested (Neophema splendida) parrot and the 
turquoise parrot (N. pulchella) belong to the genus Neophema, which 
contains six species, all native to Australia. Both Birdlife 
International (BLI 2016 a&b, unpaginated) and the Integrated Taxonomic 
Information System (ITIS 2016 a&b, unpaginated) recognize the scarlet-
chested and turquoise parrots as distinct full species. We have 
reviewed the available information and conclude that the scarlet-
chested and turquoise parrots are valid full species in a multispecies 
genus.

Species Description

    The scarlet-chested parrot is a relatively small, very colorful 
parrot found in the dry central portions of southern Australia. Adult 
size is approximately 19-21 centimeters (cm) (7.5-8.3 inches (in)) in 
length (Higgins 1999, p. 585). The male scarlet-chested parrot is 
bright green above with yellow below. The face, throat, and cheeks are 
blue, and flight feathers are also edged in blue (BLA 2016a, 
unpaginated; Higgins 1999, p. 585). Males are easily distinguished from 
females by their scarlet chest; the chest of the female is light green 
(BLA 2016a, unpaginated; Higgins 1999, p. 585). Juvenile birds are 
similar in appearance to the female (del Hoyo et al. 1997, p. 384), but 
colors are somewhat duller (BLA 2016a, unpaginated; Higgins 1999, p. 
585)

Biology

    The scarlet-chested parrot inhabits open woodlands or shrublands 
among sand plains of the dry inland portions of the Australian 
``outback'' or ``rangelands.'' Typical vegetation in these shrublands 
includes Eucalyptus species (mallee), Acacia aneura (mulga), or 
Eucalyptus salubris (gimlet), usually with sparse spinifex (Triodia 
species; hummock grass) ground cover (Collar 2016a, unpaginated; 
Forshaw 1989, p. 288; Jarman, 1968, p. 111). The term ``mallee'' can 
mean both: (1) The various low-growing shrubby Eucalyptus species and 
(2) areas of shrub that are dominated by mallee bushes, typical of some 
arid parts of Australia. Throughout this document, we use the term 
``mallee'' to refer to the former and ``mallee shrubland'' to refer to 
the latter. Similarly, we use the term Acacia shrublands to refer to 
arid landscapes dominated by Acacia species.
    The scarlet-chested parrot is adapted to country that is usually 
waterless, with average annual rainfall less than 25 cm (10 in) (Jarman 
1968, p. 111). It is frequently found far from water and is thought to 
obtain moisture by drinking dew or eating succulent (water-storing) 
plants (NSW 2014a, unpaginated; Forshaw 1989, p. 288; Jarman 1968, p. 
111). The species feeds primarily on grass seeds (Juniper and Parr 
1998, p. 367; del Hoyo et al. 1997, p. 384) and seeds from Acacia 
species and herbaceous and succulent plants found near or on the ground 
(BLA 2016a, unpaginated; NSW 2014a, unpaginated; Forshaw 1989, p. 288; 
Jarman 1968, p. 111). The scarlet-chested parrot appears to favor areas 
that have been recently burned and are regenerating for forage (Collar 
2016a, unpaginated; BLA 2012, unpaginated; del Hoyo et al. 1997 p. 384; 
Robinson et al. 1990, p. 11).
    The species is described as nomadic--birds will appear in an area, 
nest for several years, and then disappear again (Collar 2016a, 
unpaginated; Rowden pers. comm. 2016; Higgins 1999, p. 587; Juniper and 
Parr, 1998, p. 366; Forshaw 1989, p. 288; del Hoyo et al. 1997, p. 
384). The species is also described as ``irruptive,'' meaning that it 
is capable of building up large numbers in response to favorable 
environmental conditions (Andrew and Palliser 1993, as cited in Snyder 
et al. 2000, p. 57; Forshaw 1989, p. 288). However, in general, 
movements or patterns of abundance for the scarlet-chested parrot are 
not well understood (BLI 2016a, unpaginated; Higgins 1999, p. 587).
    The scarlet-chested parrot is typically seen in isolated pairs or 
small groups of fewer than 10 birds (Forshaw 1989, p. 288), but larger 
flocks have been reported outside of the breeding season (NSW 2014a, 
unpaginated; Higgins 1999, p. 588; Forshaw 1989, p. 288). Age at 
maturity is about 3 years (Garnett & Crowley 2000a, p. 346), and 
generation time is estimated at 4.9 years (BLI 2012a, p. 8). The 
species breeds mostly from August through January, but timing likely 
depends on rain events and resultant food availability (BLA 2016a, 
unpaginated; Collar 2016a, unpaginated; Forshaw 1989, p. 288).
    Woodland and shrubland tree hollows (e.g., hollows in Eucalyptus 
species) are important for nesting and may be a limiting habitat 
feature for the scarlet-chested parrot in some areas (see Competition 
for nesting hollows and food, below). The scarlet-chested parrot lays 
four to six eggs on a bed of wood dust or debris in tree hollows (BLA 
2016a, unpaginated; Collar 2016a, unpaginated; Forshaw 1989, p. 288). 
The female incubates the eggs, but both the male and female rear the 
young (AFD 2014, unpaginated, Hutchins and Lovell, 1985 as cited in 
Higgins 1999, p. 589). Incubation lasts for about 18 days, and the 
nestling period is about 30 days (Forshaw 1989, p. 288). The species is 
thought to raise just one brood per season (Jarman 1968, p. 118) but 
may produce two broods under good conditions (Sindel and Gill undated 
as cited in Higgins 1999, p. 589), consistent with irruptive species 
population ecology.

Distribution

    This species once had a wide distribution (Juniper and Parr 1998, 
p. 366) within the drier portions of southern Australia from the west 
coast of Australia to the western portions of New South Wales (Higgins, 
1999, pp. 585-586).
    Today, the population is sparsely distributed across the arid 
interior of southern Australia, ranging from approximately Kalgoorlie 
(Western Australia) to western portions of New South Wales in the east 
and as far north as southern portions of the Northern Territory (NSW 
2014a, unpaginated). The species is primarily concentrated in the 
better vegetated areas of the Great Victoria Desert located in 
southwestern Australia (BLI 2016a, unpaginated; Juniper and Parr 1998, 
p. 366).
    The estimated distribution of the scarlet-chested parrot is very 
large (262,000 km\2\ (101,159 mi\2\); BLI 2016a, unpaginated). However, 
there appears to be a reduction in the extent of the historical range 
in the west within the

[[Page 16525]]

vicinity of the Western Australian goldfields, with just one record 
from the west coast since 1854 (Dymond in litt. 2001, as cited in BLI 
2016a, unpaginated). Similarly, reductions have been noted in the east 
with fewer records from New South Wales in the 20th than in the 19th 
century (BLI 2016a, unpaginated), and no confirmed records from 
Victoria since 1995 (Clarke in litt. 2016).
    The scarlet-chested parrot at one point historically was thought to 
have gone extinct, as a result of no sightings of this species for 
upwards of 20 to 60 years (Jarman 1968, p. 111; Anon. 1932, p. 538). 
The current population has not been quantified, but it is estimated to 
be larger than 10,000 mature individuals (BLI 2012a, p. 1); and 
population trends appear to be stable, with no evidence of decline in 
the last 20 years (BLI 2016a, unpaginated; BLI 2012a, p. 4). The 
population does not appear to be fragmented, and subpopulations can 
travel great distances (Snyder et al. 2000, p. 57).

Captive-Bred Specimens

    The scarlet-chested parrot is bred in captivity for the pet trade 
and may number between 10,000 and 25,000 held in captivity in Australia 
alone (Collar 2016a, unpaginated; Juniper and Parr 1998, p. 366; del 
Hoyo et al. 1997, p. 384), although estimates of the size of the 
captive population after the late 1990s could not be found.

Conservation Status

    The scarlet-chested parrot was listed in CITES Appendix I in 1975, 
but transferred to Appendix II in 1977 (UNEP 2011a, unpaginated). The 
Order Psittaciformes was listed as a whole in Appendix II in 1981 (UNEP 
2011a, unpaginated). Listing in CITES Appendix II allows for regulated 
international commercial trade based on certain findings.
    International Union for Conservation of Nature and Natural 
Resources (IUCN)--In 1988, the scarlet-chested parrot was listed as 
``Threatened'' on the IUCN Red List of Endangered Species (BLI 2012a, 
p. 1). The species was recategorized as ``Vulnerable'' in 1994, to 
``Lower Risk'' in 2000, and to ``Least Concern'' in 2004; the status 
remains at ``Least Concern'' (BLI 2012a, p. 1).

Australia

    Commercial exports of the scarlet-chested parrot from Australia 
have been prohibited since 1962; these prohibitions are now codified in 
Australia's Environment Protection and Biodiversity Conservation Act 
1999 (EPBC Act). The scarlet-chested parrot is not included in the EPBC 
Act's List of Threatened Fauna (Australian DEE 2017a, unpaginated). 
Inclusion on EPBC Act's List of Threatened Fauna promotes recovery via: 
(1) Conservation advice, (2) recovery plans, and (3) the EPBC Act's 
assessment and approval provisions (Australian DEE 2017b). The scarlet-
chested parrot was not included on the List of Threatened Fauna either 
because it was never nominated for consideration, or if it was 
nominated, it was found ineligible by a rigorous scientific assessment 
of the species' threat status (Australian DEE 2017b, unpaginated).
    Additionally, the 2000 Action Plan for Australian Birds (Garnett 
and Crowley 2000a, p. 346) listed the scarlet-chested parrot nationally 
as ``Least Concern,'' but this designation was removed in the 2010 
Action Plan (Garnett et al. 2011, entire). As such, there is no 
national recovery plan for the scarlet-chested parrot, though 
recommended actions were outlined for the species in the 2000 Action 
Plan (Garnett and Crowley 2000a, p. 346). There was no justification 
provided for the removal of the scarlet-chested parrot from the 2010 
Action Plan. Justification was provide for removal of the turquoise 
parrot form the 2010 Action Plan, which noted that the population was 
too large to be considered ``near threatened'' and that there was no 
evidence of a recent decline (Garnett et al. 2011, p. 429). We assume 
that similar criteria were considered for the removal of the scarlet-
chested parrot from the 2010 Action Plan.
    At the state level, the scarlet-chested parrot is listed as ``Near 
threatened'' in the Northern Territory (NT GOV 2016, unpaginated), and 
``Rare'' in South Australia (South Australia 2016, unpaginated). It 
does not appear on the list of threatened fauna in Western Australia 
(WAG 2015, unpaginated). Although sightings are rare in New South 
Wales, the State has listed the scarlet-chested parrot as 
``Vulnerable'' and has identified management actions for its 
conservation (NSW 2014a, unpaginated). The species is currently listed 
as ``Threatened'' in Victoria under the Flora and Fauna Guarantee Act 
1988 (FFG Act 2016, p. 3; Vic DSE 2013, p. 12), although there have 
been no confirmed records there since 1995 (Clarke in litt. 2016).
    Additionally, portions of suitable habitat for the scarlet-chested 
parrot are protected. For example, nearly 30 percent of the state of 
South Australia is now in the Natural Reserve System, which includes 
government reserves, indigenous protected areas, private protected 
areas, and jointly managed protected areas (CAPAD 2014, unpaginated). 
Reserve lands in South Australia include portions of the Great Victoria 
Desert, a primary concentration area for the scarlet-chested parrot. 
Also, nearly 22 percent of Western Australia, 19 percent of the 
Northern Territory, 9 percent of New South Wales, and 18 percent of 
Victoria are part of the Natural Reserve System (CAPAD 2014, 
unpaginated). Because we do not reliably know the degree to which the 
Natural Reserve System protects the scarlet-chested parrot and its 
habitat, we did not rely on these protected areas in our determination 
of whether or not the parrot meets the definition of threatened or 
endangered.

Factors Affecting the Scarlet-Chested Parrot

    The following paragraphs provide a summary of the past, current, 
and potential future stressors for the scarlet-chested parrot and its 
habitats. In cases where the stressors were common to both the scarlet-
chested and turquoise parrots, we discuss potential effects to both 
parrot species for efficiency.

Land Clearing in Australia

    In this section, we consider the term ``land clearing'' to mean the 
removal of Australian native vegetation for agriculture, development, 
or other purposes (COAG 2012, p. 2). Thus, we consider clearing of the 
native habitats occupied by both the scarlet-chested and turquoise 
parrots as ``land clearing,'' including clearing of forests, woodlands, 
scrub- or shrublands, and grasslands. When Europeans began colonizing 
Australia in the late 18th century, approximately 30 percent of the 
continent was covered in forest (Barson et al. 2000 as cited in 
Bradshaw 2012, p. 110). Since colonization, Australia has lost nearly 
40 percent of its forests, and much of the remaining vegetation is 
highly fragmented (Bradshaw 2012, p. 109). In the late 18th and the 
early 19th centuries, deforestation occurred mainly on the most fertile 
soils closest to the coast (Bradshaw 2012, p. 109). Land clearing 
continues in more recent timeframes--with Australia having the sixth 
highest annual rate of land clearing in the world from 1990 to 2000 
(Lindenmayer and Burgman 2005, p. 230).
    Although land clearing is listed as a ``key threatening process'' 
under the EPBC Act (Australian DEE 2016a, unpaginated), the 
Commonwealth has no jurisdiction over state actions (Lindenmayer and 
Burgman 2005, p. 233). Throughout this document, the term ``key 
threatening process'' means a ``threatening process that threatens or

[[Page 16526]]

may threaten the survival, abundance or evolutionary development of a 
native species or ecological community'' (EPBC Act; Australian DEE 
2016b, unpaginated).

Land Clearing and the Scarlet-Chested Parrot

    Europeans settled Australia's semi-arid or arid landscapes (i.e., 
areas used by the scarlet-chested parrot) 150 years ago (Benson et al. 
2001, p. 26). Determining impacts to the scarlet-chested parrot from 
land clearing is not straightforward, partly because the area known to 
be available to the parrot is large (BLI 2012, p. 1), and the parrot is 
capable of traveling great distances (Snyder et al. 2000, p. 57). 
Habitat clearing has caused major losses of the mallee shrublands used 
by the scarlet-chested parrot in some areas, such as in southern South 
Australia and northwestern Victoria, but large fragments remain (CAPAD 
2014, unpaginated; Garnett and Crowley 2000a, p. 346). Overgrazing by 
exotic herbivores (i.e., cattle, sheep, and rabbits) and resultant 
vegetation modification is also attributed to the decline of many arid-
zone birds (Reid and Fleming, 1992, pp. 65, 80), though trends for the 
scarlet-chested parrot are less discernible due, in part, to their use 
of remote desert regions (Garnett 1992 as cited in Reid and Fleming, 
1992, p. 74). Clearance and harvesting of mallee shrublands and Acacia 
shrublands affects nest hollow availability (NSW 2014a, unpaginated; 
Joseph 1988, p. 273), although the extent of the impacts to the 
scarlet-chested parrot is unknown.

Fire in Australia

    Fire is an essential component of Australia's natural environment. 
The indigenous people of Australia learned to live in a fire-prone 
environment and used fire as a primary land management tool (Whelan et 
al. 2006, p. 1). When early Europeans arrived, they feared and fought 
bushfires (wildfires) but used managed fires to clear native vegetation 
for agriculture (Whelan et al. 2006, p. 1). Today, land managers use 
fire for biodiversity conservation, to promote pasture production, and 
for the protection of life, property, and other assets (e.g., to manage 
fuel loads and prevent wildfire) (Whelan et al. 2006, p. 1). Fire is 
also an important process in the formation of tree hollows used for 
nesting species, such as the scarlet-chested parrot. Australia lacks 
primary tree excavator species, such as woodpeckers, so hollows are 
generally started by fire or limb loss, and hollow formation continues 
over long time periods via invertebrates, fungi, or bacteria (Haslem et 
al. 2012, p. 213).

Altered Fire Regimes and the Scarlet-Chested Parrot

    Frequency, extent, and intensity of wildfires appear to be 
increasing across most of the scarlet-chested parrot's range (see 
Climate change in Australia, below). The role these increases play in 
the ecology of the scarlet-chested parrot is difficult to discern. The 
scarlet-chested parrot uses and prefers recently burned and 
regenerating areas for forage (Collar 2016a, unpaginated; BLA 2012, 
unpaginated; del Hoyo et al., 1997 p. 384; Robinson et al. 1990, p. 
11). However, altered fire regimes (e.g., more frequent fire intervals) 
have probably been detrimental in some areas (BLI 2016a, unpaginated; 
Collar 2016a, unpaginated; NSW 2014a, unpaginated; Garnett and Crowley 
2000a, p. 346). Woodland birds of the mallee shrublands, occupied by 
the scarlet-chested parrot in a large portion of its range, are 
sensitive to altered fire regimes (Clarke in litt. 2016). Time-since-
fire (and resultant older vegetation stages) are important variables 
for species richness (Taylor et al. 2012, entire) and occupancy (Clarke 
in litt. 2016, Brown et al. 2009, entire; Clarke et al. 2005, pp. 174, 
178, 179) in mallee shrublands.
    Long fire-free periods are important in the formation of tree 
hollows (Haslem et al. 2012, entire), which the parrots depend upon for 
breeding. Mid- to late-successional stages of vegetation (greater than 
20 years) are important to many bird species in semi-arid shrublands in 
southeastern Australia (Watson et al. 2012, p. 685). More frequent fire 
intervals can prevent these stages from occurring.
    In summary, although habitat loss and degradation has occurred in 
the arid and semi-arid habitat occupied by the scarlet-chested parrot 
over the last 150 years, the degree to which land clearing for 
agriculture, overgrazing by introduced herbivores and altered fire 
regimes have acted on, are presently acting on, or will act on the 
scarlet-chested parrot in the foreseeable future, is difficult to 
assess. Mallee shrublands in southern South Australia and northwestern 
Victoria have been lost, but large fragments remain (CAPAD 2014, 
unpaginated; Garnett and Crowley 2000a, p. 346). Availability of nest 
hollows in the dwindling mallee shrublands is a concern over the long 
term (Joseph 1988, p. 273). Although habitat destruction and 
modification is a likely stressor for the scarlet-chested parrot, we do 
not consider it to be a major stressor to the species throughout its 
entire range now or in the foreseeable future because the scarlet-
chested parrot has evolved in dynamic environmental conditions, the 
area available to the parrot is large, and the parrot is capable of 
traveling great distances.

Illegal Collection and Trade (for Both Scarlet-Chested and Turquoise 
Parrots)

    Trapping or nest robbing of scarlet-chested and turquoise parrots 
for the caged bird industry may have been a significant stressor in the 
past (NSW 2014a&b, unpaginated; Higgins 1999, pp. 587 & 576), but 
current rates of trapping are unknown. It may no longer be much of a 
stressor because these species are readily captive-bred and kept in 
large numbers (Garnett 1992 as cited in Snyder et al. 2000, p. 57). 
However, if illegal trapping is still occurring, it could be 
significant in some areas if only a small number of birds are present 
(NSW 2014a, unpaginated). For example, the scarlet-chested parrot was 
the subject of illegal bird trappers at Gluepot Reserve in eastern 
South Australia in the 1970s, where there may be a small resident 
population (MacKenzie in litt. 2016). Additionally, practices used in 
illegal trapping can destroy nest hollows (NSW 2014b, unpaginated; 
Baker-Gabb 2011, p. 10). Both the scarlet-chested and turquoise parrots 
are still thought to be illegally trapped at some level (NSW 2014a&b, 
unpaginated), but trapping is no longer thought to be a major stressor 
(Garnett 1992 as cited in Snyder et al. 2000, p. 57; Joseph 1988, p. 
274).
    Legislation by the states within these species' range prohibits, or 
limits by permit, the capture of these species from the wild (See 
Existing regulatory mechanisms, below). Legitimate state permit holders 
(such as zoos, breeders, or pet shops) must prove that they are 
qualified to care for the animals and keep detailed records in a 
logbook (Barry 2011, unpaginated). However, the limited permissions for 
removal of wildlife and associated recordkeeping are, at times, abused. 
A practice called ``leaving the book open'' is a common way to launder 
wildlife--where permit holders sometimes head to the bush to replace a 
permitted animal that died, or pass off a wild animal as captive-bred 
(Barry 2011, unpaginated). Although there are thousands of state 
wildlife permit infringements and seizures each year in Australia, only 
a small number go to court (e.g., as few as 12 cases per year), and 
punishments across the states vary (Barry 2011, unpaginated). Under 
Australian Federal law, maximum fines for wildlife permit violations 
are $110,000 AUS ($83,194 US) and 10 years in prison, but across the 
states,

[[Page 16527]]

penalties range from $220,000 AUS ($158,824 US) and 2 years jail in New 
South Wales to $10,000 AUS ($7,563 US) and no jail time in Western 
Australia (Barry 2011, unpaginated).
    International trade in wild-caught specimens is strictly limited by 
domestic regulation (in Australia) and through additional national and 
international treaties and laws (See Existing regulatory mechanisms, 
below). However, the fact that so many species of native Australian 
birds have appeared overseas during the years of prohibition is 
evidence that some smuggling has been successful (Parliament of 
Australia 2016, unpaginated).
    Despite domestic and international protections for wild birds, 
captive-bred scarlet-chested and turquoise parrots are widely 
available, and their market value is relatively low compared to other 
species of parrots, especially for birds sold in Australia. Scarlet-
chested parrots sold in Australia are valued at approximately $20 to 
$50 AUS ($15 to $38 US) (Findads.com 2016, unpaginated). Prices for 
scarlet-chested parrots in the United States are approximately five 
times higher, or more--approximately $99 to $165 AUS ($75 to $125 US) 
(Hoobly Classifieds 2016, unpaginated). Market value for turquoise 
parrots is lower--approximately $15 AUS ($11 US) for birds sold in 
Australia and $50 AUS ($38 US) for birds sold overseas (Parliament of 
Australia 2016, unpaginated).

Levels of Legal International Trade (for the Scarlet-Chested Parrot)

    Between 1980 and 2014, there were very few wild scarlet-chested 
parrots in trade. There were 22,612 recorded exports of the species in 
international trade (19,337 recorded as imports). Of these, only 32 
specimens were recorded as exports from Australia (7 recorded as 
imported). With few exceptions, specimens in trade were captive-bred 
for the pet trade. Within this same time period there were 295 recorded 
imports (and 168 recorded exports) to the United States. Of those 
imports, 23 specimens were confiscated by the U.S. Fish and Wildlife 
Service (UNEP 2016a).
    In summary, poaching for the pet trade may be occurring at a low 
level that is not likely to affect wild populations. Small, possibly 
resident, subpopulations may face some risk from poaching, but we are 
not aware of any significant poaching since the 1970s. Nor are we aware 
of any information indicating that overutilization for recreational, 
scientific, or educational purposes is a stressor to the scarlet-
chested parrot.

Disease (for Scarlet-Chested and Turquoise Parrots)

    Information regarding diseases and their potential effect to wild 
scarlet-chested and turquoise parrots is limited. Psittacine beak and 
feather disease (PBFD) is a viral disease that occurs in a fatal form 
and a chronic form in both old and new world parrots (Fogell et al. 
2016, pp. 2059 and 2060). In 2001, PBFD was listed as a ``key 
threatening process affecting endangered psittacine species'' (Peters 
et al. 2014, p. 289; Australian DEH 2004, unpaginated). Cases of PBFD 
are pervasive in Australia, having been reported in more than 61 
psittacine species (Australian DEH 2004, unpaginated).
    The virus particularly affects juveniles or young adults, but all 
ages are susceptible (Australian DEH 2004, unpaginated). The chronic 
form of PBFD results in feather, beak, and skin abnormalities, with 
most birds eventually dying (Australian DEH 2004, unpaginated). 
Symptoms of the acute form of PBFD include feather abnormalities and 
diarrhea, with death likely within 1 to 2 weeks (Australian DEH 2004, 
unpaginated). PBFD is readily transmitted through contact with 
contaminated feces, feather dust, crop secretions, surfaces, or objects 
(Gerlach 1994 as cited in Ritchie et al. 2003, p.109) and can also be 
passed directly from a female to her young (Fogell et al. 2016, p. 
2060).
    PBFD can probably survive for many years in tree hollows and other 
nest sites (Australian DEH 2004, unpaginated). To date, the disease has 
not been reported for the scarlet-chested or turquoise parrots (Fogell 
et al. 2016, pp. 2063-2065), but recent phylogenetic analyses of the 
virus indicate that all endangered Australian psittacine birds are 
susceptible to, and equally likely to be infected by, the disease 
(Raidal et al. 2015, p. 466). PBFD may be less of a danger to larger, 
non-threatened populations of Australian psittacine species because 
they are generally better able to sustain losses to the disease, and 
individuals that survive infection develop immunity (Australian DEH 
2004, unpaginated). Because PBFD is so pervasive in Australia, scarlet-
chested and turquoise parrots are likely susceptible, but population 
sizes (i.e., approximately 10,000 scarlet-chested and 20,000 turquoise 
parrots) may provide some resiliency from the disease.

Predation From Non-Native Cats and Foxes in Australia

    Nonnative cats (Felis catus) were introduced and became established 
soon after European settlement and are now found throughout mainland 
Australia (Australian DEE 2015, p. 7). Predation by feral cats was 
identified as a key threatening process in 1999 (Australian DEE 2015, 
p. 5). In response, a feral cat threat abatement plan was developed by 
the Australian Government in 2008, and the most recent plan was 
published in 2015. It establishes a national framework for cat control, 
research, management, and other actions needed to ensure the long-term 
survival of native species and ecological communities affected by feral 
cats (Australian DEE 2015, p. 5).
    The non-native European red fox (Vulpes vulpes) was introduced in 
the mid-1800s and now occupies much of mainland Australia (Australian 
DSEWP&C 2010, unpaginated), including the range of the scarlet-chested 
and turquoise parrots. Predation by the European red fox is listed by 
the Australian Government as a key threatening process in 1999 
(Australian DEE 2015, p. 5). In response, the Australian Government 
developed a threat abatement plan that outlines conventional control 
techniques such as shooting, poisoning, and fencing as well as research 
and management actions (Australian DSEWP&C 2010, unpaginated). To date, 
it is not known if these efforts are resulting in a reduction in these 
predators.

Predation and the Scarlet-Chested Parrot

    Predation by feral cats and European red foxes could be a stressor 
for the scarlet-chested parrot, but the degree of predation is not 
known. Both the scarlet-chested and turquoise parrot were assessed as 
``high risk'' from these predators within the rangeland environment in 
the Western Division of New South Wales based on variables such as 
predator density, body weight, habitat use, and behavior (Dickman et 
al. 1996, p. 249). The Western Division of New South Wales represents 
the eastern edge of the current distribution of the scarlet-chested 
parrot. Additionally, the night parrot (Pezoporus occidentalis), which 
shares some habitat (Triodia grass) with the scarlet-chested parrot, 
may have experienced a decline partly due to nonnative predators such 
as foxes and cats (Joseph 1988, p. 274). Lastly, the provisioning of 
water for livestock has made some areas that were, perhaps, once too 
dry for these predators more hospitable. However, we did not find any 
information indicating that predation by foxes and cats is affecting 
the scarlet-chested parrot.

[[Page 16528]]

Competition for Nesting Hollows and Food

    Competition for suitable nest hollows has the potential to limit 
reproductive success by limiting the number of pairs that can breed, or 
by causing nest mortality as a result of competitive interactions. All 
but four species of Australian parrots are dependent on tree hollows 
for nesting (Forshaw 1990, p. 58), and at least 14 species of parrots 
are known to use mallee shrublands (Schodde, 1990, p. 61). Availability 
of nest hollows in the dwindling mallee shrublands is a concern over 
the long term (Joseph 1988, p. 273). Additionally, the provisioning of 
water for livestock in semi-arid and arid rangelands may have caused 
increases and competitive advantage (e.g., for food and nest hollows) 
to more water-dependent parrots (Collar 2016a, unpaginated; Garnett and 
Crowley 2000a, p. 346; del Hoyo et al., 1997, p. 384). National 
legislation, policy, and strategic management plans are in place to 
protect hollow-bearing trees in Australia; however, prioritization and 
implementation of actions at the local level may be limited or lacking 
(Treby et al. 2014, entire).
    In summary, disease, predation, and competition are all potential 
stressors for the scarlet-chested parrot. Although PBFD has not been 
confirmed in the scarlet-chested parrot, it is likely susceptible to 
the disease at some level. We are not aware of other diseases or 
pathogens that affect the wild population. Predation and competition 
may be occurring at low levels. Disease, predation, and competition do 
not appear to be significant stressors to the species because 
populations of the scarlet-chested parrot appear to be stable with an 
estimated 10,000 individuals and no evidence of decline in the past 20 
years.

Existing Regulatory Mechanisms (for Both Scarlet-Chested and Turquoise 
Parrots)

    In Australia, legislation from all states within these species' 
range prohibits, or limits by permit, the capture of the scarlet-
chested and turquoise parrots from the wild. Commercial exports of 
these species from Australia have been banned since 1962. The 
prohibition is now codified under the EPBC Act. Individuals who violate 
this act, for example to export native species for commercial reasons, 
can face serious penalties, such as lengthy imprisonment and hefty 
fines.
    These species are listed in Appendix II of CITES (50 CFR 23.91). 
CITES, an international agreement between governments, ensures that the 
international trade of CITES-listed plants and animals does not 
threaten the survival of the species in the wild. Under this treaty, 
CITES Parties regulate the import, export, and reexport of specimens, 
parts, and products of CITES-listed plants and animals (CITES 2016, 
unpaginated). Trade must be authorized through a system of permits and 
certificates that are provided by the designated CITES Scientific and 
Management Authorities of each CITES Party (CITES 2016, unpaginated). 
The United States implements CITES through the Act and our implementing 
regulations at 50 CFR part 23. It is unlawful for any person subject to 
the jurisdiction of the United States to engage in any trade in any 
specimens contrary to the provisions of CITES, or to possess any 
specimens traded contrary to the provisions of CITES, the Act, or part 
23. Protections for CITES-listed species are provided independently of 
whether a species is a threatened species or endangered species under 
the Act.
    In the United States, the scarlet-chested and turquoise parrots are 
currently listed as endangered and protected by the Act. 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 that are to be conducted within the United States or upon 
the high seas, with respect to any species that is proposed to be 
listed or is listed as endangered or threatened. Specifically, section 
7(a)(2) requires Federal agencies to ensure those actions they 
authorize, fund, or carry out are not likely to jeopardize the 
continued existence of a listed species or to destroy or adversely 
modify its critical habitat. However, because foreign species are not 
native to the United States, critical habitat is not designated. 
Regulations implementing the interagency cooperation provision of the 
Act are codified at 50 CFR part 402.
    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 or threatened species in foreign 
countries. Sections 8(b) and 8(c) of the Act authorize the Secretary to 
encourage conservation programs for foreign listed species, and to 
provide assistance for such programs, in the form of personnel and the 
training of personnel.
    Section 9(a)(1) of the Act and our implementing regulations set 
forth a series of general prohibitions and exceptions that apply to all 
endangered wildlife. These prohibitions, at 50 CFR 17.21, 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 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 or foreign commerce, by any 
means whatsoever, 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.
    Under section 10 of the Act, permits may be issued to carry out 
otherwise prohibited activities involving endangered species under 
certain circumstances. Regulations governing permits are codified at 50 
CFR 17.22 for endangered species. With regard to endangered wildlife, a 
permit may be issued for the following purposes: for scientific 
purposes, to enhance the propagation or survival of the species and for 
incidental take in connection with otherwise lawful activities.
    Two other laws in the United States apart from the Act provide 
protection from the illegal import of wild-caught birds into the United 
States: the Wild Bird Conservation Act (WBCA) and the Lacey Act. The 
WBCA was passed in 1992 to ensure that exotic bird species are not 
harmed by international trade and to encourage wild bird conservation 
programs in countries of origin. Under the WBCA and our implementing 
regulations (50 CFR 15.11), it is unlawful to import into the United 
States any exotic bird species listed under CITES except under certain 
circumstances. The U.S. Fish and Wildlife Service may issue permits to 
allow import of listed birds for scientific research, zoological 
breeding or display, cooperative breeding, or personal pet purposes 
when the applicant meets certain criteria (50 CFR 15.22-15.25). All 
Neophema are protected under the WBCA (USFWS 2004). The WBCA allows 
import into the United States of captive-bred birds of certain species

[[Page 16529]]

included in the WBCA Approved List (50 CFR 15.33), such as scarlet-
chested and turquoise parrots, which meet the following criteria (50 
CFR 15.31):
    (a) All specimens of the species known to be in trade (legal or 
illegal) must be captive bred;
    (b) No specimens of the species may be removed from the wild for 
commercial purposes;
    (c) Any importation of the species must not be detrimental to the 
survival of the species in the wild; and
    (d) Adequate enforcement controls must be in place to ensure 
compliance with paragraphs (a) through (c).
    The Lacey Act was originally passed in 1900 and was the first 
Federal law protecting wildlife. Today, it provides civil and criminal 
penalties for the illegal trade of animals and plants. Under the Lacey 
Act, in part, it is unlawful to import, export, transport, sell, 
receive, acquire, or purchase any fish, or wildlife taken, possessed, 
transported, or sold: (1) In violation of any law, treaty, or 
regulation of the United States or in violation of any Indian tribal 
law, or (2) in interstate or foreign commerce any fish or wildlife 
taken, possessed, transported, or sold in violation of any law or 
regulation of any State or in violation of any foreign law. Therefore, 
for example, because the take of wild-caught Australian parrots would 
be in violation of Australia's EPBC Act, the subsequent import of such 
parrots would be in violation of the Lacey Act. Similarly, under the 
Lacey Act it is unlawful to import, export, transport, sell, receive, 
acquire, or purchase specimens of these species traded contrary to 
CITES.
    In this section, we reviewed the existing regulatory mechanisms 
governing collection and trade of wild scarlet-chested parrots. While 
we note the conservation measures that would no longer be in place 
under the Act as a result of a delisting, such as the prohibitions on 
take within the United States or on the high seas, and import, export, 
or re-export into or out of the United States, we did not rely on the 
conservation measures provided by a listing under the Act in reaching 
our determination of whether or not the species meets the definition of 
threatened or endangered. As described above, the EPBC Act (which 
controls commercial export), Lacey Act, CITES, and WBCA all provide 
protection to scarlet-chested parrots that minimize or eliminate 
threats from trade to the species independently of the listing of the 
species under the Act. Thus, we do not expect declines in the species 
due to the removal of the protections of the Act. As discussed under 
the other sections in Factors Affecting the Scarlet-Chested Parrot, we 
do not find major stressors adversely affecting the species or its 
habitat. Thus, it is reasonable to conclude that the regulatory 
mechanisms addressing these potential stressors are adequate at 
protecting the species at a domestic and global level.

Small Population Size

    We discussed the nomadic behavior and the irruptive species 
population ecology of the scarlet-chested parrot in the Biology section 
above and noted that the species can experience range contractions and 
low numbers (Runge et al. 2014, pp. 870, 874). Although the current 
population has not been quantified, it is estimated to be larger than 
10,000 mature individuals (BLI 2012a, p. 1); and population trends 
appear to be stable, with no evidence of decline in the last 20 years 
(BLI 2016a, unpaginated; BLI 2012a, p. 4). Because the scarlet-chested 
parrot can experience large range contractions and low numbers, we 
considered whether small population size in combination with other 
stressors might act as a stressor to the species. Small populations are 
generally at greater risk of extinction from habitat loss, predation, 
disease, loss of genetic diversity, and stochastic (random) 
environmental events such as wildfire and floods.
    Species that naturally occur in low densities, however, are not 
necessarily in danger of extinction merely by virtue of their rarity. 
Many naturally rare species have persisted for long periods, and many 
naturally rare species exhibit traits (e.g., nomadic behavior and 
irruptive species population ecology of the scarlet-chested parrot) 
that allow them to persist despite their small population sizes. 
Consequently, the fact that a species is rare or has small populations 
alone does not indicate that it may be in danger of extinction now or 
in the foreseeable future. Additional information beyond rarity is 
needed to determine whether the species may warrant listing. In the 
absence of information identifying stressors to the species and linking 
those stressors to the rarity of the species or a declining status, we 
do not consider rarity alone to be a threat. Further, a species that 
has always had small population sizes or has always been rare, yet 
continues to survive, could be well-equipped to continue to exist into 
the future.
    We considered specific potential stressors that may affect or 
exacerbate rarity or small population size for the scarlet-chested 
parrot. Although low genetic diversity could occur with some small 
populations, the scarlet-chested parrot population is not known to be 
fragmented (Snyder et al. 2000, p. 57). We are not aware of any genetic 
studies on the scarlet-chested parrot and have no evidence that low 
genetic diversity is a problem for the species. Additionally, the 
scarlet-chested parrot is capable of building up large numbers in 
response to favorable environmental conditions, and has historically 
survived changes to its habitat, including wildfire and other 
stochastic events.
    In summary, the best available information does not indicate that 
lack of genetic variability and reduced fitness is acting on the 
scarlet-chested parrot now or will do so in the future.

Global Climate Change

    Described in general terms, ``climate'' refers to the mean and 
variability of different types of weather conditions over a long period 
of time, which may be reported as decades, centuries, or thousands of 
years. The term ``climate change'' thus refers to a change in the mean 
or variability of one or more measures of climate (e.g., temperature, 
precipitation) that persists for an extended period, typically decades 
or longer, whether the change is due to natural variability, human 
activity, or both (Intergovernmental Panel on Climate Change; (IPCC 
2007, p. 78). Various types of changes in climate can have direct or 
indirect effects on species, and these may be positive or negative 
depending on the species and other relevant considerations, such as the 
effects of interactions with non-climate conditions (e.g., habitat 
fragmentation). We use our expert judgment to weigh information, 
including uncertainty, in our consideration of various aspects of 
climate change that are relevant to the scarlet-chested and turquoise 
parrots. Global climate change predictions include increases in 
intensity and/or duration of heat waves and droughts, as well as 
greater numbers of heavy precipitation events (IPCC 2013, p. 7).

Climate Change in Australia

    Over the last century, Australia has experienced an average 
increase of 1.0 [deg]C (1.8 [deg]F), with the most pronounced and rapid 
warming occurring in eastern Australia from the 1950s to the present 
(Nicholls 2006 as cited in Bradshaw 2012, p. 116). Along with this 
warming, there has been an increased frequency of hot days and nights, 
and a decrease in cold days and nights (Deo 2011 as cited in Bradshaw 
2012, p. 116). Rainfall patterns have shifted over this period, with 
decreased rainfall in the southeastern and southwestern regions and 
increases in the northwest (Nicholls

[[Page 16530]]

and Lavery 1992 as cited in Bradshaw 2012, p. 116). An increase in 
annual total rainfall of approximately 15 percent was experienced in 
New South Wales, Victoria, South Australia, and the Northern Territory, 
with little change in the other states (Hughes 2003, p. 424). In 
eastern Australia, since 1973, drought periods are becoming hotter 
(Nicholls 2004 as cited in Bradshaw 2012, p. 116).
    Climate change projections for Australia show significant 
vulnerability to changes in temperature and rainfall. The IPCC Fourth 
Assessment Report identified agriculture and natural resources as two 
key sectors likely to be strongly affected (Stokes et al. 2008, p. 41). 
Temperatures in Australia are projected to increase by 1-5 [deg]C (1.8-
9 [deg]F), depending on location and the emissions scenarios. The most 
warming is projected for the dry interior of the continent, 
particularly for the northwest (Stokes et al. 2008, p. 41). 
Accompanying these temperature increases will be an increase in the 
frequency of hot days and warm nights (Stokes et al. 2008, p. 41).
    Rainfall projections for Australia are less reliable with some 
dryer and wetter trends predicted within a large range of uncertainty 
(Stokes et al. 2008, p. 41). Projections focusing on median rainfall 
show a general pattern of drying across the continent, with the 
strongest drying trends in the southwest and the weakest in the east 
(Stokes et al. 2008, p. 41). Seasonal rainfall is expected to be 
reduced in winter and spring in the south. Rainfall intensity is 
expected to increase in most of the country, particularly in the north 
(Stokes et al. 2008, p. 41). Frequency in the incidence of drought is 
also expected to increase--with up to 40 percent more droughts 
predicted for eastern Australia and 80 percent more droughts in the 
southwest by 2070 (Stokes et al. 2008, p. 41).

Climate Change and the Scarlet-Chested Parrot

    Based on the information for Australia above, climate patterns over 
the last century within the known range of the scarlet-chested parrot 
included: (1) Increased average temperature of 1.0 [deg]C (1.8 [deg]F) 
(Nicholls 2006 as cited in Bradshaw 2012, p. 116); (2) increased 
frequency of hot days and warm nights (Deo 2011 as cited in Bradshaw 
2012, p. 116); (3) decreased rainfall in the southeastern and 
southwestern regions (Nicholls and Lavery 1992 as cited in Bradshaw 
2012, p. 116); and (4) increased annual total rainfall of approximately 
15 percent in South Australia, New South Wales, the Northern Territory 
and Victoria (Hughes 2003, p. 424). Similarly, a summary of climate 
projections for areas within the known range of the scarlet-chested 
parrot includes: (1) Temperature increase of 1-5 [deg]C (1.8-9 [deg]F) 
with most warming in the dry interior (Stokes et al. 2008, p. 41); (2) 
increases in the frequency of hot days and warm nights (Stokes et al. 
2008, p. 41); (3) a large range of uncertainty for rainfall, but (using 
median rainfall) a general pattern of drying, with less rain in the 
spring and winter in the south, and increased intensity of rain, 
particularly in the north (Stokes et al. 2008, p. 41); and (4) 
increased frequency and intensity of drought (up to 40 percent in 
eastern areas and 80 percent in the southwest by 2070) (Stokes et al. 
2008, p. 41).
    Habitats used by the scarlet-chested parrot will respond 
differently to projected warmer and drier conditions and the variable 
rain predictions. Habitats such as woodland areas used by the scarlet-
chested parrot that do not receive adequate rain to produce needed 
fuels may actually see a decrease in fire frequency (Bradstock 2010, p. 
145). However, fire frequency is likely to increase in areas with ample 
fuel and connectivity, such as hummock grasses interspersed with shrubs 
including mallee shrubland (Garnett et al. 2013a, p. 16).
    Although there is still some variability in climate change 
predictions for Australia, the increased warming and frequency and/or 
intensity of droughts are of concern for the scarlet-chested parrot and 
its habitats; however, the information at this time is too speculative 
for us to draw conclusions as to the scale and timing of any effects. 
Two recent studies analyzed the capacity of woodland birds in dry 
woodlands and riparian areas in southeastern Australia to resist the 
pressures of extended drought and then recover once drought conditions 
abated (Selwood et al. 2015, entire; Bennet et al. 2014, entire). 
Overall, these studies indicated long-term decline in the face of more 
frequent and extended droughts in southeastern Australia (Selwood et 
al. 2015, entire; Bennet et al. 2014, entire).
    A recent climate-change-adaptation model using a ``Business as 
Usual'' projection (i.e., the ``worst-case'' scenario with increasing 
greenhouse gasses through time), predicted that the distribution of 
climate, similar to that currently used by the species, may contract to 
approximately one third of its current range by 2085, shifting suitable 
habitat to more southerly portions of Western Australia and South 
Australia (Garnett et al. 2013b, interactive model results). Although 
the model does well to incorporate species-specific traits, it also 
includes a number of uncertainties that may limit its predictive power 
(Garnett et al. 2013, pp. 76-77). Basic model assumptions such as that 
trends into the future will follow simple linear extrapolations of 
existing relationships, and assumptions regarding (scaled down) 
projected climate change itself, may limit its accuracy (Garnett et al. 
2013, pp. 76-77). Given the variability in the existing climate and 
uncertainties in modelling, it can be concluded that climate change 
does not pose a substantial threat to the species in the next 50 years 
based on current knowledge (Garnett in litt. 2016a).
    The scarlet-chested parrot has evolved in a landscape where 
environmental conditions are dynamic, and its nomadic strategies may 
help it to recover from periods of range contraction and low numbers 
(Runge et al. 2014, pp. 870, 874), but too rapid an environmental 
change (e.g., from climate change effects) may outpace the species' 
abilities to respond to spatial and temporal shifts (Runge et al. 2014, 
pp. 870, 874).
    In summary, effects from past and predicted climate change are 
difficult to assess for the scarlet-chested parrot. Because it is 
adapted to dry habitat, the parrot would likely fare better than more 
water-dependent birds in times of drought. However, within areas of 
increased rainfall, vegetation shifts may occur, fuel loads and 
wildfire risk may be altered, and competition with water-dependent 
species may increase. Although long-term range contraction was 
indicated in the climate-change-adaptation model (Garnett et al. 2013b, 
interactive model results), there are uncertainties in the model and 
variability in the climate data on which it relies. Due to species' 
adaptability to arid landscapes and ability to travel great distances, 
climate change is not likely to be a major stressor for the scarlet-
chested parrot, within the next 50 years.

Turquoise Parrot

Summary of Status Review

    Taxonomy--Please see Taxonomy section above, which includes 
taxonomy for both the scarlet-chested and turquoise parrots.

Species Description

    The turquoise parrot is a relatively small, colorful parrot found 
in eastern and southeastern Australia. Adult size is approximately 20-
22 cm (7.9-8.7 in) in length (Higgins 1999, p. 573). Adult coloration 
is primarily bright green

[[Page 16531]]

above with bright yellow below, with a bright blue face and shoulder 
patch. Males are distinguished from females by a small red shoulder 
band or patch and more blue on the face; the red shoulder patch and 
blue facial coloration of juvenile males is less extensive than that of 
adult males (BLA 2016b, unpaginated; NSW 2014b & 2009, unpaginated; 
Higgins 1999, p. 573; Quin and Baker-Gabb 1993, p. 3; Jarman 1973, p. 
240).

Biology

    The turquoise parrot occurs in many parts of eastern and 
southeastern Australia, particularly the foothills of the Great 
Dividing Range (NSW 2009, unpaginated; Garnett and Crowley 2000b, p. 
345; Juniper and Parr 1988, p. 365). Typical habitat is hill country 
including woodlands, open forest, and timbered grasslands (Collar 
2016b, unpaginated; Forshaw 1989, p. 286). Within this habitat, the 
parrot prefers the transition zones between open and closed areas, such 
as the edges of woodland adjoining grasslands and tree-lined creeks 
(Collar 2016, unpaginated; Forshaw 1989, p. 286).
    The turquoise parrot tends to feed on or near the ground (BLA 
2016b, unpaginated; Higgins 1999b, p. 574; Quin and Reid 1996, p. 250), 
usually under the cover of trees (NSW 2014b, unpaginated; Higgins 
1999b, p. 574). The species also feeds in farmland, mainly pasture with 
remnant trees (Higgins 1999, p. 574). The turquoise parrot must have 
access to drinking water (Jarman 1973, p. 239), and its habitat usually 
receives more than 38 cm (15 in) of annual rainfall (Jarman 1973, p. 
240). The species feeds on a generalized diet of seeds from grasses, 
herbaceous plants, and shrubs; it also feeds on flowers, nectar, fruit, 
leaves, and scale-insects (NSW 2009, unpaginated; Quin and Baker-Gabb 
1993, p. 15). Turquoise parrots can exploit disturbed environments and 
use a variety of colonizing plants as food sources (Quin and Baker-Gabb 
1993, p. 27). The turquoise parrot eats from both native and non-native 
plants, and researchers credit its ability to partially adapt to 
modified habitats as contributing to its recovery (Quin 1990 as cited 
in Quin and Reid 1996, p. 253).
    Type and quality of the pasture land used for food is important. 
Although the species can use partially modified habitats, use of highly 
modified habitats, such as ``highly improved'' pasture, is less likely. 
Improved pastures, in general, are sown with a proportion of non-native 
plant species to promote productive growth of both the pasture and 
grazing animals. Introduced non-native pasture species are usually 
grasses, in combination with legumes. In a study of the species near 
Chiltern, a town bordering the hill country in northeast Victoria, 
almost all habitat types in forest and unimproved pasture were 
potentially useful for feeding in at least one season. However, use of 
highly improved pasture and cropped land was rare (Quin and Baker-Gabb 
1993, p. 15).
    The turquoise parrot is usually seen in pairs, in small groups, or, 
in flocks of up to 30 birds (NSW 2014b, unpaginated; Higgins 1999, p. 
574; Quin and Baker-Gabb 1993, p. 16). Rarer sightings of larger flocks 
of 100 to 200 birds have also been reported (Higgins 1999, p. 574; Quin 
and Baker-Gabb 1993, p. 16).The species is described as mainly 
sedentary or resident with some post-breeding movement from woodland to 
pastures (Juniper and Parr 1998, p. 366), and some sporadic local 
movement, likely related to rainfall (del Hoyo et al. 1997, p. 383). 
The turquoise parrot disperses mostly less than 10 kilometers (km) (6.2 
miles (mi)), using the protection of treed corridors for dispersal (NSW 
2009, unpaginated). The turquoise parrot reaches maturity at about 3 
years of age (Garnett and Crowley 2000b, p. 345).
    The species breeds in pairs primarily from August to January with 
some nesting noted in February, and even from April to May (Collar 
2016b, unpaginated; Quin in litt. 2016; Juniper and Parr 1988, p. 366; 
del Hoyo et al. 1997, p. 383). Four to five eggs, and less commonly, 
six or seven eggs, are laid in hollows of trees, stumps, fallen logs, 
or even fence posts (Collar 2016b, unpaginated; Quin in litt. 2016; 
Garnett and Crowley 2000b, p. 345; del Hoyo et al. 1997, p. 383; Quin 
and Baker-Gabb 1993, p. 9; Forshaw 1989, p. 286; Juniper and Parr 1988, 
p. 366; Jarman, 1973, p. 241), often within approximately 1-2 meters 
(m) (3-6 feet (ft)) of the ground (NSW 2009, unpaginated; Quin and 
Baker-Gabb 1993, p. 9). The female incubates the eggs and is fed by the 
male during incubation; both parents rear the chicks (BLA 2016b, 
unpaginated). In some areas, the species will have two clutches per 
year (BLA 2016b, unpaginated; NSW 2009, unpaginated; Juniper and Parr 
1998, p. 366). Incubation lasts about 18-20 days, followed by a 
nestling period of about 30 days (NSW 2009, unpaginated; Juniper and 
Parr 1998, p. 366; del Hoyo et al. 1997, p. 383). After fledging, 
juveniles remain dependent on their parents for at least 1 week, and 
continue to be fed by the male while the female begins a second clutch 
(NSW 2009, unpaginated). Breeding productivity is estimated at 2.8 
young per successful nest (NSW 2009, unpaginated).

Distribution

    A little more than a century ago, the turquoise parrot was common 
through many parts of eastern Australia, ranging from eastern 
Queensland to south-central Victoria (Higgins 1999, p. 575; Jarman 
1973, p. 239), though it is unknown whether the historical range was 
continuous (Jarman 1973, p. 240). Between 1880 and 1920, the species 
went through a major population crash with associated contractions in 
its range (Quin and Reid 1966, p. 250; see below).
    Although the turquoise parrot is still not found in central 
Queensland, it is now distributed through much of its former range, 
from southeastern Queensland through eastern New South Wales and into 
Victoria (west to Bendigo, Victoria) (del Hoyo et al. 1997, p. 383; 
Juniper and Parr 1989, pp. 365-366). The species' distribution is not 
continuous but rather occurs in patches of suitable habitat throughout 
this broader range (Tzaros 2016, unpaginated; Forshaw 1989, p. 286). 
Based on distribution and density information (Barret et al. 2003 as 
cited in NSW 2009, unpaginated), about 90 percent of the population is 
thought to occur in New South Wales (NSW 2009, unpaginated).
    The reasons for the turquoise parrot population crash between 1880 
and 1920 are not fully understood. Likely contributing factors 
included: (1) Habitat loss from European settlement, including 
competition for food (grasses) from grazing livestock and rabbits, (2) 
an intense period of drought from 1895 to 1902, and (3) trapping for 
the pet trade (Tzaros 2016, unpaginated; del Hoyo 1997, p. 383; Juniper 
and Parr 1989, p. 365). Some have also suggested that disease may have 
played a role because of the steep decline in numbers (Collar 2016b, 
unpaginated, Tzaros 2016, unpaginated; Quin and Baker-Gabb 1993, p. 3; 
Morse and Sullivan 1930, p. 289), but there is no evidence that disease 
was a factor. Other potential factors were predation by the non-native 
European red fox (Vulpes vulpes) and feral cats (Felis catus) and 
indiscriminate shooting (Tzaros 2016, unpaginated).
    The return of the turquoise parrot to portions of its former range 
was reported by the 1930s and 1940s (BLA 2016b, unpaginated; Higgins 
1999, p. 575), though it did not reappear in Victoria until the 1950s 
(Tzaros 2016, unpaginated). By the time we listed the species as 
endangered under the Act in 1970, recovery was continuing and the

[[Page 16532]]

parrot was generally considered rare (Smith 1978 and IUCN 1966 & 1981 
as cited in Quin and Baker-Gabb 1993, p. 3). Further recovery during 
the 1970s and 1980s was, in part, attributed to the removal of 
livestock from reserve lands in northeastern Victoria (Quin and Baker-
Gabb 1993, p. 3). Increases in both numbers and range were apparent in 
Victoria by the mid to late 1980s, though the species was still 
regarded as rare (Traill 1988, p. 267). The global population of 
turquoise parrots is currently estimated at 20,000 individuals (BLI 
2012b, p. 1; Garnet and Crowley 2000b, p. 345; Juniper and Parr, p. 
366) and appears to be stable with increases reported in some areas 
(BLI 2016b, unpaginated; Garnett & Crowley 2000b, p. 345).

Captive-Bred Specimens

    The turquoise parrot is bred in captivity for the pet trade with 
about 8,000 held in captivity in Australia (Juniper and Parr 1998, p. 
366); estimates of the size of the captive population after the late 
1990s could not be found.

Conservation Status

    The turquoise parrot was listed in CITES Appendix III in 1976, as 
part of a listing for the Family Psittacidae, and was later listed in 
Appendix II in 1981, along with all Psittaciformes (UNEP 2011b, 
unpaginated; see Conservation status for the scarlet-chested parrot 
above for more information on implications of listing in CITES Appendix 
II).
    International Union for Conservation of Nature and Natural 
Resources (IUCN)--The turquoise parrot was listed on the International 
Union for Conservation of Nature and Natural Resources (IUCN) Red List 
of Threatened and Endangered Species in 1988 as ``Lower Risk'' and 
transferred to ``Least Concern'' in 2004; the status remains at ``Least 
Concern'' (BLI 2012b, p. 1).

Australia

    Commercial exports of the turquoise parrot from Australia have been 
prohibited since 1962; these prohibitions are now codified in 
Australia's EPBC Act. The turquoise parrot is not included in the EPBC 
Act's List of Threatened Fauna (Australian DEE 2017a, unpaginated). 
Inclusion on the EPBC Act's List of Threatened Fauna promotes recovery 
via: (1) Conservation advice, (2) recovery plans, and (3) the EPBC 
Act's assessment and approval provisions (Australian DEE 2017b). The 
turquoise parrot was not included on the List of Threatened Fauna 
either because it was never nominated for consideration, or if it was 
nominated, it was found ineligible by a rigorous scientific assessment 
of the species' threat status (Australian DEE 2017b, unpaginated).
    Additionally, the 2000 Action Plan for Australian Birds (Garnett 
and Crowley 2000b, p. 345) listed it nationally as ``Near Threatened,'' 
but this designation was removed in the 2010 Action Plan for Australian 
Birds, which noted that the population was too large to be considered 
``near threatened'' and that there was no evidence of a recent decline 
(Garnett et al. 2011, p. 429). As such, there is no national recovery 
plan for the turquoise parrot, though recommended actions were outlined 
for the species in the 2000 Action Plan (Garnett and Crowley 2000b, p. 
345).
    At the state level, the species is currently listed as ``Rare'' in 
Queensland under the Nature Conservation Act 1992 and ``Threatened'' in 
Victoria under the Flora and Fauna Guarantee Act 1988 (FFG; FFG 2016, 
p. 3). It was subsequently recommended for downlisting to ``Near 
Threatened'' by an FFG Scientific Advisory Committee in 2013; however, 
it is still officially ``Threatened'' in Victoria (Vic DSE 2013, p. 13; 
NSW 2009, unpaginated). In 2009, the New South Wales Scientific 
Committee determined that the turquoise parrot met criteria for listing 
as ``Vulnerable'' under the New South Wales Threatened Species 
Conservation Act 1995 (NSW 2009, unpaginated), and this classification 
is still in place (BLA 2016b, unpaginated).
    Additionally, portions of suitable habitat for the turquoise parrot 
are protected. For example, about 8 percent of Queensland is now in the 
Natural Reserve System that includes government reserves, indigenous 
protected areas, private protected areas, and jointly managed protected 
areas (CAPAD 2014, unpaginated). Approximately 9 percent of New South 
Wales and 18 percent of Victoria are also part of this Natural Reserve 
System (CAPAD 2014, unpaginated). Because we do not reliably know the 
degree to which the Natural Reserve System protects the turquoise 
parrot and its habitat, we did not rely on these protected areas in our 
determination of whether or not the parrot meets the definition of 
threatened or endangered.

Factors Affecting the Turquoise Parrot

    The following sections provide a summary of the past, current, and 
potential future stressors for the turquoise parrot and its habitats. 
In cases where the stressors were common to both the scarlet-chested 
and turquoise parrots, we discuss potential effects to both parrot 
species in the section for the scarlet-chested parrot for the sake of 
efficiency.
    Land clearing--See Land clearing in Australia under Factors 
Affecting the Scarlet-Chested Parrot, above.

Land Clearing and the Turquoise Parrot

    Typical turquoise parrot habitat is hill country including 
woodlands, open forest, and timbered grasslands (Collar 2016b, 
unpaginated; Forshaw 1989, p. 286). Since the 1970s, southeastern 
Queensland and northern New South Wales have experienced the greatest 
rates of deforestation in Australia, and Victoria is now the most 
deforested state or territory in Australia (Bradshaw 2012, p. 109).
    Unlike New South Wales and Victoria, most of the land clearing in 
Queensland has occurred in the last 50 years (Bradshaw 2012, p. 113; 
McAlpine et al. 2009, p. 22) with high rates of vegetation loss in the 
last several decades (Lindenmayer and Burgman 2005, p. 233). Clearing 
was predominantly in central and southern regions where native forests 
and woodlands were converted for intensive cropping and improved 
pastures for cattle (McAlpine et al. 2009, p. 23). In 2004, Queensland 
enacted clearance restrictions to phase out broad-scale clearing by the 
end of 2006 (Lindenmayer and Burgman 2005, p. 233). As of 2014, about 
8.16 percent of Queensland's jurisdiction was in protected areas (CAPAD 
2014, unpaginated).
    Victoria is heavily cleared (Lindenmayer 2007, as cited in Bradshaw 
2012, p. 114), having lost an estimated 66 percent of its native 
vegetation (Victoria Department of Sustainability and the Environment 
2011 as cited in Bradshaw 2012, pp. 113-114). Most of the clearance 
occurred prior to the 1890s when the wheat and livestock industries 
were developing (Lindenmayer 2007, as cited in Bradshaw 2012, p. 114). 
Land clearance was estimated to have continued at a slow, steady rate 
of about 1 percent per year until 1987, when anti-clearing legislation 
was introduced (Lindenmayer 2007, as cited in Bradshaw 2012, p. 114). 
Despite this legislation, proportional clearance rates from 1995-2005 
remained high and even increased near the end of this decade (Bradshaw 
2012, p. 114). Although Victoria is now the most cleared of the three 
states, it also contains the highest proportion of protected land. As 
of 2014, about 17.63 percent of Victoria's jurisdiction was in

[[Page 16533]]

protected areas (CAPAD 2014, unpaginated).
    New South Wales was one of the first regions settled by Europeans 
and generally has a higher human population than other parts of 
Australia. Most of the land clearing and damage to forest ecosystems 
happened during the nineteenth century (Bradshaw 2012, p. 112). More 
than 50 percent of the forest and woodland in New South Wales has been 
cleared (Lunney 2004, Olsen et al. 2005 and Johnson et al. 2007 as 
cited in NSW 2009, unpaginated). As of 2014, about 9.10 percent of New 
South Wales' jurisdiction was in protected areas (CAPAD 2014, 
unpaginated).
    Forest fragmentation as a result of land clearing can also affect 
the turquoise parrot, which is mostly sedentary but capable of short-
distance dispersal (generally less than 10 km (6.2 mi)) along treed 
corridors) (NSW 2009, unpaginated; Quin and Baker-Gabb 1993, p. 16). 
Therefore, gaps between forest remnants may cause fragmentation of 
turquoise parrot populations in heavily cleared landscapes (NSW 2009, 
unpaginated).
    Altered fire regimes--see Fire in Australia under Factors Affecting 
the Scarlet-Chested Parrot, above.

Altered Fire Regimes and the Turquoise Parrot

    Prescribed fire and timber-cutting have negatively affected the 
turquoise parrot and its habitat (NSW 2009, unpaginated). Both 
practices have the potential to cause the loss of hollow-bearing trees, 
which can be a limiting habitat feature for the turquoise parrot (NSW 
2014b). Similarly, firewood collection and selective removal of dead 
wood and dead trees reduce the availability of nest hollows (NSW 2014b, 
unpaginated; NSW 2009, unpaginated).
    In summary, land clearing for agriculture in combination with other 
stressors (i.e., drought, trapping) was likely a significant cause of 
the population crash between 1880 and 1920. While most of the land 
clearing occurred in the late 18th and the early 19th centuries, more 
recent forest clearance rates are of concern for the three states that 
support the turquoise parrot. Forest fragmentation as a result of 
clearing has the potential to isolate turquoise parrot populations, 
which are mostly sedentary but capable of short-distance dispersal (and 
population expansion) along treed corridors. Management actions such as 
prescribed fire, selective logging, and reforestation should be 
carefully applied and adapted to benefit parrot habitat. Managing for 
protection of nesting hollows is particularly important.
    The advent of anti-clearing legislation since approximately the 
1990s (Bradshaw 2012, p. 116) and the growing proportion of lands in 
protected areas are positive signs for further turquoise parrot 
recovery, but researchers caution that conservation efforts such as 
reforestation should be carefully planned and implemented at the local 
level. The turquoise parrot population has continued to recover since 
the historic crash and through periods of subsequent deforestation, 
with no evidence of recent decline (Garnett et al. 2011, p. 429). While 
habitat destruction and modification is a likely stressor for the 
turquoise parrot, we do not consider it to be a major stressor to the 
species throughout its entire range now or in the foreseeable future.

Removal From the Wild for Food

    About a century ago, turquoise parrots were shot for food for pie-
filling (BLA 2016b, unpaginated; Seth-Smith 1909 as cited in Higgins 
1999, p. 576) and, in some cases, were indiscriminately shot (Tzaros 
2016, unpaginated). These are no longer reported as stressors for the 
turquoise parrot.
    Illegal collection and trade--see Illegal collection and trade (for 
both scarlet-chested and turquoise parrots) under Factors Affecting the 
Scarlet-Chested Parrot, above.

Levels of Legal International Trade (for the Turquoise Parrot)

    Between 1980 and 2014, there were very few wild turquoise parrots 
in trade. There were 44,244 turquoise parrot specimens exported in 
international trade (27,248 recorded imports). More than 99 percent of 
these were captive-bred live parrots (UNEP 2016b).
    In summary, use as food and poaching for the pet trade were noted 
as stressors in the past. Presently, poaching may be occurring at a low 
level that is not likely to affect wild populations. We are not aware 
of any information indicating that overutilization for recreational, 
scientific, or educational purposes are current stressors to the 
turquoise parrot.
    Disease--See Disease (for scarlet-chested and turquoise parrots) 
under Factors Affecting the Scarlet-Chested Parrot, above.
    Predation--See Predation from non-native cats and foxes in 
Australia under Factors Affecting the Scarlet-Chested Parrot, above.

Predation and the Turquoise Parrot

    The turquoise parrot nests in tree hollows close to the ground, 
making it vulnerable to predation from introduced terrestrial predators 
such as feral cats and European red foxes (Rowden pers. comm. 2016; NSW 
2014b and 2009, unpaginated; Quin and Baker-Gabb 1993, pp. 3, 26). 
Feral cat control and feral predator control are identified objectives 
in management plans for the turquoise parrot (NSW 2014b, unpaginated; 
Garnett and Crowley 2000b, p. 345; Quin and Baker-Gabb 1993, p. 26). 
Both feral cats and foxes were predators of the turquoise parrot at 
Chiltern in Victoria in the 1980s (Quin and Baker-Gabb 1993, p. 26), 
and more fox control was likely needed in the area at that time (Quin 
in litt. 2016). Additionally, the turquoise parrot and the scarlet-
chested parrot were assessed as ``high risk'' from these predators 
within the rangeland environment in the Western Division of New South 
Wales based on variables such as predator density, body weight, habitat 
use, and behavior (Dickman et al. 1996, p. 249). However, we could not 
find recent information regarding the predation rate of feral cats or 
foxes on the turquoise parrot.
    Foxes dig at active turquoise parrot nests and usually take the 
female and the nestlings, if they can be reached. Some predation of 
turquoise parrots by foxes can be mitigated by physically reinforcing 
degraded natural nest hollows to avoid digging out of these nests by 
foxes (Quin and Baker-Gabb 1993, p. 22). Similarly, placement of 
artificial nesting material higher in the host tree can generally keep 
them out of reach of foxes (Quin and Baker-Gabb 1993, p. 22). There are 
ongoing efforts to improve turquoise parrot nesting habitat, 
particularly in Victoria (see Competition for nesting hollows, below).

Competition for Nesting Hollows

    Competition for suitable nest hollows has the potential to limit 
reproductive success of the turquoise parrot by limiting the number of 
pairs that can breed, or by causing nest mortality as a result of 
competitive interactions. All but four species of Australian parrots 
are dependent on tree hollows for nesting (Forshaw 1990, p. 58). 
Competition for nest hollows (both intraspecific and interspecific) was 
noted at Chiltern in Victoria, where limited nest hollows likely 
limited reproductive success of the turquoise parrot (Quin and Baker-
Gabb 1993, p. 12). National legislation, policy, and strategic 
management plans are in place to protect hollow-bearing trees in 
Australia; however, prioritization and implementation of actions at the 
local level may be limited or lacking (Treby et al. 2014, entire).

[[Page 16534]]

    Placing artificial nest hollows in areas that appear to be nest-
hollow limited seems to be successful, and programs that construct and 
strategically place artificial nests are supported at the State level 
and appear to be ongoing. For example, early experimental efforts to 
hollow-out naturally occurring stumps in the Warby Ranges (in Victoria, 
near Chiltern) were successful but ended in the 1990s (Tzaros 2016, 
unpaginated). In 2010, Monash University researchers placed artificial 
nests around the Warby-Ovens State Park (also near Chiltern), and the 
hollows were readily occupied by turquoise parrots (Tzaros 2016, 
unpaginated). More recent efforts to improve habitat for turquoise 
parrots include those of two land-care networks in northeastern 
Victoria. The Broken Boosey Conservation Management Network has made 
and installed 200 potential nest sites for the species (Tzaros 2016, 
unpaginated), and the Ovens Land-care Network received a $4,600 AUS 
($3,525 US) grant that aims to raise awareness of the increasing risk 
to hollow-dependent species by the non-native Indian (common) myna bird 
(Acridotheres tristis) (Quin in litt. 2016; Tzaros 2016, unpaginated).

Competition for Food

    Grazing by livestock can directly affect available food resources 
for the turquoise parrot (NSW 2009, unpaginated). As livestock grazing 
ended in some protected areas of Victoria, numbers of turquoise parrots 
in those areas increased (Quin and Baker-Gabb 1993, p. 7; Juniper and 
Parr 1989, p. 366; Forshaw 1989, p. 286), indicating that a reduction 
in grazing may benefit the species' recovery.
    Competition for food by grazing sheep, cattle, and European wild 
rabbits (Oryctolagus cuniculus) was noted as a possible contributing 
factor in the crash of the turquoise parrot population between 1880 and 
1920 (Collar 2016b, unpaginated, Quin and Baker-Gabb 1993, p. 3). 
Around the time of the parrot's population crash, rabbit numbers 
swelled to plague proportions, forcing some farmers out of business 
(Tzaros 2016, unpaginated). Turquoise parrot habitat and food sources 
were undoubtedly adversely affected by this plague, but the degree to 
which they were affected is unknown. Application of Myxomatosis, a 
disease that is spread by mosquitoes and affects only rabbits, has 
succeeded in keeping rabbit numbers at approximately 5 percent their 
former high abundance in wetter areas (Australian DSEWP&C 2011, 
unpaginated). Current rates of competition between rabbits and 
turquoise parrots for food are not well understood but are assumed to 
be much less than they were a century ago.
    In summary, disease, predation, and competition are all potential 
stressors for the turquoise parrot. Although PBFD has not been 
confirmed in the turquoise parrot, it is likely susceptible to the 
disease at some level. We are not aware of other diseases or pathogens 
that affect the wild population. Predation and competition may be 
occurring at low levels, but there are active plans in place to control 
feral cats, foxes, and rabbits. Use of artificial nests may be helping 
to mitigate fox predation and competition for nest hollows where this 
is a limiting habitat feature. While disease, predation, and 
competition may be affecting the turquoise parrot at low levels, they 
do not appear to be significant stressors to the species because 
populations of the turquoise parrot are stable with an estimated 20,000 
individuals and may be increasing in some areas.
    Existing regulatory mechanisms--see Existing regulatory mechanisms 
(for both scarlet-chested and turquoise parrots) under Factors 
Affecting the Scarlet-Chested Parrot, above.
    In this section, we reviewed the existing regulatory mechanisms 
governing collection and trade of wild turquoise parrots. As described 
above, the EPBC Act (which controls commercial export), the Lacey Act, 
CITES, and the WBCA all provide protection to turquoies parrots that 
minimize or eliminate threats from trade to the species. As discussed 
under the other sections in Factors Affecting the Turquoise Parrot, we 
do not find major stressors adversely affecting the species or its 
habitat. Thus, it is reasonable to conclude that the regulating 
mechanisms addressing these potential stressors are adequate at 
protecting the species at a domestic and global level.
    Climate change--see Global climate change and Climate change in 
Australia under Factors Affecting the Scarlet-Chested Parrot, above.

Climate Change and the Turquoise Parrot

    Based on the information presented in Climate change in Australia 
above, a summary of climate patterns over the last century, within the 
known range of the turquoise parrot includes: (1) Increased average 
temperature of 1.0 [deg]C (1.8 [deg]F) with pronounced and rapid 
warming in eastern Australia since the 1950s (Nicholls 2006 as cited in 
Bradshaw 2012, p. 116); (2) increased frequency of hot days and warm 
nights (Deo 2011 as cited in Bradshaw 2012, p. 116); (3) decreased 
rainfall in the southeastern regions (Nicholls and Lavery 1992 as cited 
in Bradshaw 2012, p. 116); and (4) increased annual total rainfall of 
approximately 15 percent in New South Wales and Victoria (Hughes 2003, 
p. 424). Similarly, a summary of climate projections for areas within 
the known range of the turquoise parrot includes: (1) Temperature 
increase of 1-5 [deg]C (1.8-9 [deg]F) (Stokes et al. 2008, p. 41); (2) 
increases in the frequency of hot days and warm nights (Stokes et al. 
2008, p. 41); (3) a large range of uncertainty for rainfall, but (using 
median rainfall) a general pattern of drying, with less rain in the 
spring and winter in the south, and increased intensity of rain (Stokes 
et al. 2008, p. 41); and (4) increased frequency and intensity of 
drought (up to 40 percent in eastern areas by 2070) (Stokes et al. 
2008, p. 41).
    Climate change is projected to affect pasture habitat used by the 
turquoise parrot. Rainfall is expected to be the dominant influence on 
pasture growth; fewer, more intense rain events are anticipated as well 
as (from year to year) more frequent droughts (Stokes et al. 2008, p. 
41). Increased temperatures could benefit pasture growth and growing 
seasons in the cooler southern climates, but depletion of moisture in 
the soil due to this growth might adversely affect spring pasture 
growth (Stokes et al. 2008, p. 41).
    Increases in carbon dioxide (CO2) will affect rangeland 
function, with a projected increase in pasture production but potential 
loss in forage quality (e.g., declines in forage protein content) 
(Stokes et al. 2008, p. 42). Fire danger will increase over much of 
Australia (Hughes 2003, p. 427). Increased pasture growth will produce 
heavier fuel loads (Stokes et al. 2008, p. 42; Hughes 2003, p. 427). 
The risk of wildfires could increase and make prescribed burns more 
difficult to manage (Stokes et al. 2008, p. 42).
    Projections for more droughts could also negatively affect the 
turquoise parrot. A recent study analyzed the capacity of woodland bird 
species in north-central Victoria to resist the pressures of extended 
drought (i.e., the 13-year ``Millennium drought'' or the ``Big Dry'') 
and then recover once drought conditions abated (i.e., the 2-year ``Big 
Wet'') (Bennet et al. 2014, entire). Results indicated a substantial 
decline (42-62 percent) in the reporting rates of bird species between 
the early and late surveys in the Big Dry (Bennet et al. 2014, pp. 
1321, 1326).
    Additionally, a recent climate-change-adaptation model using a 
``Business as Usual'' projection (i.e., the ``worst-case'' scenario 
with increasing greenhouse gasses through time), predicted that the

[[Page 16535]]

distribution of climate, similar to that currently used by the species, 
may contract by approximately one half to the southern part of its 
current range (i.e., dropping out of Queensland but remaining in 
portions of New South Wales and Victoria) by 2085 (Garnett et al. 
2013c, interactive model results). Although the model does well to 
incorporate species-specific traits, it also includes a number of 
uncertainties that may limit its predictive power (Garnett et al. 2013, 
pp. 76-77). Basic model assumptions such as that trends into the future 
will follow simple linear extrapolations of existing relationships, and 
assumptions regarding (scaled down) projected climate change itself, 
may limit its accuracy (Garnett et al. 2013, pp. 76-77). Although there 
is much uncertainty in these trends (given the variability in the 
existing climate and uncertainties in modeling), effects from climate 
change may rise to the level of a stressor in the next 50 years based 
on our current knowledge (Garnett in litt. 2016b).
    Potential responses and adaptability of the parrot to the projected 
effects from climate change are difficult to predict. Since the parrot 
is mainly resident, it is not known if it would relocate if local 
conditions degrade (e.g., drought); however, one group of turquoise 
parrots did move into an area of central Victoria during the mid-1990s, 
probably in response to drought conditions elsewhere at this time (del 
Hoyo, p. 383; Quin and Reid 1996, p. 250).
    In summary, other than the projected increases in temperature and 
CO2 levels, there is a relatively high level of uncertainty 
associated with other projected climate change variables (particularly 
patterns of rainfall) for Australia and across the occupied range of 
the turquoise parrot. These uncertainties are a component of the 
climate-change-adaptation model for the turquoise parrot. Climate 
distribution modeling and a study of declines in woodland birds over a 
recent and extended drought period indicate that effects from climate 
change have the potential to become a stressor for parrots in the next 
50 years (Bennet et al. 2014, pp. 1321, 1326; Garnett et al. 2013c, 
interactive model results). However, we found no information indicating 
that climate change is currently affecting the turquoise parrot 
specifically, coupled with the fact that it has shown some adaptability 
to drought conditions in the past. Stress to the species from climate 
change will likely occur within the next 50 years, but climate change 
variables in the area occupied by the parrot and the parrot's response 
to these variables are currently mostly speculative, and we cannot 
conclude that climate change is significant enough to result in the 
species being in danger of extinction in the foreseeable future.

Summary of Comments and Recommendations

    We reviewed all comments we received from the public and peer 
reviewers for substantive issues and new information. All substantive 
information was incorporated into the status reviews for each species 
and into this final rule, as appropriate. The following section 
summarizes issues and information we consider to be substantive from 
peer review and public comments, and provides our responses.

Peer Reviewer Comments

    In accordance with our peer review policy published on July 1, 1994 
(59 FR 34270), we solicited expert opinion from knowledgeable 
individuals with scientific expertise that included familiarity with 
the scarlet-chested parrot and the turquoise parrot and their habitats, 
biological needs, and threats. In all, we contacted eight individuals 
seeking peer review for the scarlet-chested parrot and five individuals 
for the turquoise parrot. We found that there were a limited number of 
individuals who had worked with these parrot species because: (1) They 
are not listed species in Australia and thus have not been the subject 
of many dedicated studies, and (2) scarlet-chested parrots are often 
difficult to find and study due to their nomadic behavior and irruptive 
species population ecology.
    We received responses from three peer reviewers for the scarlet-
chested parrot and two peer reviewers for the turquoise parrot. We 
reviewed all the peer reviewers' comments for substantive issues and 
information regarding the status of and threats to these species. The 
peer reviewers generally concurred with our summaries and conclusions 
regarding these species and provided additional information, 
clarifications, and suggestions. We incorporated all peer reviewer 
information into the status reviews for each species, and the majority 
of the information provided in the peer review is also incorporated 
into this final rule, where appropriate. Status reviews and peer 
reviewer comments for the scarlet-chested and turquoise parrot are 
available on the Internet at http://www.regulations.gov as supporting 
documentation for Docket No. FWS-HQ-ES-2015-0176.
    Comment: Two peer reviewers commented on our evaluation of the 
effects of altered fire regimes on the scarlet-chested parrot. They 
relayed that there is new information that altered fire regimes affect 
mallee shrublands used by the species and shared relevant literature.
    Our Response: Based on these peer reviewers' comments and the 
information provided, we updated the Altered fire regimes sections in 
the scarlet-chested parrot status review and this final rule.
    Comment: One peer reviewer noted that the scarlet-chested parrots 
observed at Gluepot Reserve may not actually be a resident population. 
Additionally, the same reviewer commented that, while the overlap of 
Bourke's parrot with the scarlet-chested parrot is considerable, the 
scarlet-chested parrot tends to be found at greater distances than the 
Bourke's parrot from the pastoral (better-watered) country.
    Our Response: We changed the text in the scarlet-chested parrot 
status review to reflect: (1) Uncertainty regarding whether or not the 
scarlet-chested parrots at Gluepot are resident; and (2) that the 
scarlet-chested parrot tends to be found at greater distances than the 
Bourke's parrot from the better-watered, pastoral areas.
    Comment: One peer reviewer noted that the climate change section in 
our status review for the scarlet-chested parrot contained outdated 
information and shared relevant literature. The same peer reviewer 
referred us to two publications that examine the capacity of woodland 
birds (in dry woodlands and riparian areas in southeastern Australia) 
to resist the pressures of drought and then recover once drought 
conditions are lifted. He suggested that these publications indicate a 
trend for long-term decline in the face of more frequent and extended 
droughts in southern Australia as predicted by recent climate 
modelling. A second peer reviewer referred us to a recent publication 
and interactive model that allowed us to project potential future 
reductions in ``climate space'' for both the scarlet-chested parrot and 
the turquoise parrot.
    Our Response: We reviewed the information provided and updated our 
evaluation of climate change as a stressor to the scarlet-chested 
parrot and its habitat. Further, in our review of the new material, we 
found that one of the publications was also helpful in assessing 
extended drought as a potential stressor to the turquoise parrot. 
Therefore, we updated the Climate Change sections for both the scarlet-
chested and turquoise parrots in both status reviews and this final 
rule.
    Comment: One peer reviewer noted that the percentages of protected 
lands

[[Page 16536]]

for the scarlet-chested parrot were outdated and did not reflect the 
large proportion that is Aboriginal-held land.
    Our Response: We found updated information for proportions of 
protected land in the states and territories within the range of both 
the scarlet-chested and turquoise parrots and reflected these updates 
in our estimates in both status reviews and this final rule.
    Comment: One peer reviewer commented on distribution of the 
turquoise parrot, relaying that: (1) There are parts of the historical 
range in Victoria where the species has not returned, and (2) a small 
population of the species occurs at Bunyip State Park in West 
Gippsland, Victoria.
    The same peer reviewer provided the following observations 
regarding the population of turquoise parrots near Chiltern in 
northeastern Victoria: (1) The numbers of turquoise parrots currently 
in this area appear significantly fewer than the numbers that were 
there during the late 1980s to the early 1990s; (2) the decrease in 
numbers is likely due to a decrease in grass abundance either from the 
Millennium drought or an increase in herbivore abundance, or both; and 
(3) more fox control was likely needed in this area in the late 1980s.
    Lastly, this peer reviewer provided information on two ongoing 
land-care networks that are working to improve turquoise parrot habitat 
in northeastern Victoria and commented that more intensive surveys are 
needed to determine population size of the turquoise parrot in all the 
regions of Victoria where the turquoise parrot is found.
    Our Response: We added information about turquoise parrots in 
Victoria to the turquoise parrot status review and this final rule, 
where appropriate: (1) The decreases at Chiltern and likely causes; (2) 
the small population at Bunyip State Park; (3) the land-care networks; 
and (4) the recommendation for more extensive surveys.

Public Comments

    We published a proposed rule to remove the scarlet-chested and 
turquoise parakeets from the List on September 2, 2003 (68 FR 52169), 
and we requested that all interested parties submit written comments at 
that time. Additionally, because considerable time had passed since the 
2003 proposal, we published a reopening of the public comment period in 
January 2016, which closed on February 22, 2016 (81 FR 3373, January 
21, 2016). We took this action to ensure that we sought, received, and 
made our decision based on the best scientific and commercial 
information available on these species and their status and threats, in 
order to determine whether removing these species from the List is 
warranted. Comments summarized below are from our reopening of the 
public comment period in January 2016 (81 FR 3373).
    We received 18 public comments relating to the proposed delisting 
of scarlet-chested and turquoise parakeets during the public comment 
period. More detailed information about the comments we received and 
our responses are below.
    Comment: Several commenters noted that the Act placed restrictions 
on trade in captive-bred individuals that have limited imports into the 
United States and, by extension, the genetic diversity of U.S. captive-
bred populations.
    Our Response: Although we considered captive individuals in our 
review of both the scarlet-chested and turquoise parrots, these 
comments fall outside the scope of our analysis. Removal of the 
scarlet-chested and turquoise parakeets from the List will eliminate 
the need for an import permit under the Act. Trade in captive-bred 
scarlet-chested and turquoise parrots will still be regulated under 
CITES, and, to date, import of captive-bred scarlet-chested and 
turquoise parrots into the United States is currently allowed under the 
WBCA Approved List (50 CFR 15.33) without requiring a permit.
    Comment: Several commenters stated that more information is needed 
on the status of populations, or that conservation measures were needed 
for these species before they can be removed from the List.
    Our Response: We have reviewed the status of and threats to both 
parrots, and the best available scientific and commercial information 
indicates that populations of the scarlet-chested parrot presently 
appear to be stable, with no evidence of decline in the last 20 years, 
and populations of the turquoise parrot are stable and may be 
increasing in some areas. Populations of both parrots are doing well 
despite the stressors noted in the Factors Affecting the Scarlet-
chested Parrot and Factors Affecting the Turquoise Parrot sections, 
above. Although the scarlet-chested and turquoise parrots are not 
included in the EPBC Act's List of Threatened Fauna, Australia 
prohibits exports of wild specimens of these species under the EPBC 
Act, and removal of these species from the wild is strictly controlled. 
Additionally, there are numerous ongoing conservation efforts in 
Australia by Federal and state governments, indigenous peoples, and 
private organizations and landowners that likely benefit these species 
including, but not limited to: (1) Protected areas; (2) recent anti-
clearing legislation; (3) protections and initiatives for nest hollows; 
(4) non-native predator and competitor control programs (e.g., feral 
cats, red foxes, rabbits); and (5) programs for construction and 
placement of artificial nest hollows for the turquoise parrot.
    Comment: Two commenters expressed their view that our listing 
proposal was procedurally invalid under the Act because finalizing a 
12-year-old proposed delisting rule violates section 4(b)(6) and 
section 4(c) of the Act, which require that the Service finalize any 
proposed rule within 1 year of publication of the proposed rule unless 
narrow exceptions apply. These commenters opined that the Act requires 
the Service to withdraw the proposed rule if those exceptions do not 
apply.
    Our Response: We disagree. The Service's proposal has not been 
invalidated, and with this final rule, all procedural requirements 
under section 4(b) of the Act have been met. Further, consistent with 
our regulations at 50 CFR 424.17(a)(1)(iii) and (a)(3), the Act does 
not allow for withdrawal of a proposed listing determination solely 
because of the passage of time; any withdrawal must be based upon a 
finding that the available evidence does not justify the action 
proposed by the rule. Additionally, as explained above, the purpose of 
the scientific review under section 4(c) of the Act is to ensure that 
the List of Endangered and Threatened Wildlife accurately reflects the 
most current status information for each listed species. In our 2000 
review, we requested comments and the most current scientific or 
commercial information available on these species, and based on that 
review, we reevaluated the listing of the scarlet-chested parrot and 
the turquoise parrot.
    On September 2, 2003, we published our review of the status of 
these species and a proposed rule (68 FR 52169) to remove the scarlet-
chested and turquoise parakeets from the List under the Act because the 
endangered designation no longer correctly reflected the current 
conservation status of these birds, as the best available information 
indicated that they had recovered. We explained that our review of the 
best available information showed that the wild populations of these 
species were stable with more than 20,000 turquoise parakeets and 
10,000 scarlet-chested parakeets found throughout their range. 
Furthermore, trade in wild-caught specimens was strictly limited, and 
the species were protected through domestic regulation within the range

[[Page 16537]]

country (Australia), as well as through additional national and 
international treaties and laws.
    On January 21, 2016, because considerable time had passed since the 
2003 proposal, we published the reopening of the public comment period 
on our proposal to remove the scarlet-chested and turquoise parakeets 
from the List (81 FR 3373). We took these actions to determine whether 
removing these species from the List is still warranted, and to ensure 
that we sought, received, and made our final decision based on the best 
scientific and commercial information available regarding these species 
and their status and threats. This final rule is based on the best 
scientific and commercial information available regarding these species 
and includes information summarized from status reviews we conducted in 
2016-2017 for the scarlet-chested and the turquoise parrots. These 
status reviews are available on the Internet at http://www.regulations.gov as supporting documentation for Docket No. FWS-HQ-
ES-2015-0176. Sections from the status reviews were added (in part or 
entirely) to the preamble to this final rule. These new sections in the 
preamble are updates or additions to information that was presented in 
the 2003 proposal to remove the scarlet-chested and turquoise parakeets 
from the list (68 FR 52169, September 2, 2003).

Finding

    Our regulations direct us to determine if a species is endangered 
or threatened due to any one or a combination of the five threat 
factors identified in the Act (50 CFR 424.11(c)). We examined the best 
scientific and commercial information available regarding the past, 
present, and future threats faced by the species. We reviewed 
information available in our files and other available published and 
unpublished information, and we consulted with recognized species and 
habitat experts and representatives of the range country (Australia).

Scarlet-Chested Parrot

    We consider cumulative effects to be the potential stressors to the 
species in totality and combination, and the degree to which there 
might be any synergistic effects among any of the stressors (e.g., 
increased fire frequency and potential decline in nesting hollows). 
This finding constitutes our cumulative-effects analysis. In the 
discussions above, we evaluated the individual effects of the following 
potential stressors to the scarlet-chested parrot: Land clearing and 
altered fire regimes (Factor A); limited nest hollows (Factor A); 
illegal collection and trade (Factor B); Psittacine beak and feather 
disease (Factor C); predation from non-native species (Factor C); 
competition for nest hollows (Factor C); effects from small population 
size (Factor E); and effects from climate change (Factor E). Although 
one or some of these stressors may be acting on the species in some 
manner, we found no data to indicate that these stressors, individually 
or cumulatively, are causing the species to be in danger of extinction, 
either now or in the foreseeable future. In the face of these 
stressors, the population appears to be stable, with no evidence of 
decline in the last 20 years. We have concluded that this stability is 
not due to listing under the Act; thus, we do not expect declines due 
to the removal of the protections provided by the listing under the 
Act.
    The Australian Government does not include the scarlet-chested 
parrot in the EPBC Act's List of Threatened Fauna (Australian DEE 2017, 
unpaginated) either because it was never nominated for consideration, 
or if it was nominated, it was found ineligible by a rigorous 
scientific assessment of the species' threat status (Australian DEE 
2017b, unpaginated). The 2000 Action Plan for Australian Birds listed 
it nationally as ``Least Concern'' and then did not list it in the 2010 
Action Plan for Australian Birds. As such, there is no national 
recovery plan for the scarlet-chested parrot.
    The species is listed on the IUCN Red List as ``Least Concern.'' 
Domestic and international trade in wild-caught specimens is limited 
and strictly regulated. The species is protected through domestic 
regulation in Australia and through additional national and 
international treaties and laws.
    As with all species, the scarlet-chested parrot is subject to some 
stressors. As discussed above, however, we reviewed those stressors and 
conclude that individually and cumulatively they are currently not 
having a significant impact on the species. This determination is 
evidenced by the apparent stability of the population of the species 
for the last 20 years. Therefore we conclude, based on our review of 
the best available scientific and commercial data, that the scarlet-
chested parrot is not currently in danger of extinction throughout all 
of its range. In addition, we considered whether the impact of any of 
the stressors is likely to significantly increase, individually or 
cumulatively, within the foreseeable future. We conclude, based on our 
review of the best available scientific and commercial data, that 
stressors are not likely to increase such that they would cause 
significant population declines within the foreseeable future, or 
otherwise to result in the species becoming in danger of extinction 
within the foreseeable future throughout all of its range.

Turquoise Parrot

    We consider cumulative effects to be the potential stressors to the 
species in totality and combination, and the degree to which there 
might be any synergistic effects among any of the stressors (e.g., nest 
predation by foxes and the loss of nesting hollows); this finding 
constitutes our cumulative-effects analysis. In the discussions above, 
we evaluated the individual effects of the following potential 
stressors to the turquoise parrot: Land clearing and forest 
fragmentation (Factor A); altered fire regimes (Factor A); limited nest 
hollows (Factor A); removal from the wild for food (Factor B); illegal 
collection and trade (Factor B); Psittacine beak and feather disease 
(Factor C); predation from non-native species (Factor C); competition 
for food and nest hollows (Factor C); and effects from climate change 
(Factor E). Although one or some of these stressors may be acting on 
the turquoise parrot in some manner, we found no data to indicate that 
these stressors, individually or cumulatively, are causing the species 
to be in danger of extinction, either now or in the foreseeable future. 
In the face of these stressors, the population appears to be stable and 
may be increasing in some areas.
    The Australian Government does not include the turquoise parrot in 
the EPBC Act's List of Threatened Fauna (Australian DEE 2017, 
unpaginated), either because it was never nominated for consideration, 
or if it was nominated, it was found ineligible by a rigorous 
scientific assessment of the species' threat status (Australian DEE 
2017b, unpaginated). The 2000 Action Plan for Australian Birds listed 
it nationally as ``Near Threatened'' but then did not list it in the 
2010 Action Plan for Australian Birds because the population was too 
large to be considered ``near threatened'' and there was no evidence of 
a recent decline (Garnett et al. 2011, p. 429). As such, there is no 
national recovery plan for the turquoise parrot.
    The species is listed on the IUCN Red List as ``Least Concern.'' 
Domestic and international trade in wild-caught specimens is limited 
and strictly regulated. The species is protected through domestic 
regulation in

[[Page 16538]]

Australia and through additional national and international treaties 
and laws.
    As with all species, the turquoise parrot is subject to some 
stressors. As discussed above, however, we reviewed those stressors and 
conclude that individually and cumulatively they are currently not 
having a significant impact on the species. This is evidenced by the 
apparent stable population of approximately 20,000 individuals with 
increases reported in some areas. Therefore, we conclude, based on our 
review of the best available scientific and commercial data, that the 
turquoise parrot is not currently in danger of extinction throughout 
all of its range. In addition, we considered whether the impact of any 
of the stressors is likely to significantly increase, individually or 
cumulatively, within the foreseeable future. We conclude, based on our 
review of the best available scientific and commercial data, that 
stressors are not likely to increase such that they would cause 
significant population declines within the foreseeable future, or 
otherwise to result in the species becoming in danger of extinction 
within the foreseeable future throughout all of its range.
    We have carefully assessed the best scientific and commercial data 
available and determined that the scarlet-chested and turquoise parrots 
are no longer in danger of extinction throughout all their respective 
ranges, nor are they likely to become so in the foreseeable future.

Significant Portion of Its Range Analysis

    Having examined the status of the scarlet-chested and turquoise 
parrots throughout all of their ranges, we next examine whether these 
species are in danger of extinction, or likely to become so, in a 
significant portion of their respective ranges. Under the Act and our 
implementing regulations, a species may warrant listing if it is in 
danger of extinction or likely to become so throughout all or a 
significant portion of its range. The Act defines ``endangered 
species'' as any species which is ``in danger of extinction throughout 
all or a significant portion of its range,'' and ``threatened species'' 
as any species which is ``likely to become an endangered species within 
the foreseeable future throughout all or a significant portion of its 
range.'' The term ``species'' includes ``any subspecies of fish or 
wildlife or plants, and any distinct population segment [DPS] of any 
species of vertebrate fish or wildlife which interbreeds when mature.'' 
We published a final policy interpreting the phrase ``significant 
portion of its range'' (SPR) (79 FR 37578; July 1, 2014).
    The final policy states that (1) if a species is found to be 
endangered or threatened throughout a significant portion of its range, 
the entire species is listed as an endangered or a threatened species, 
respectively, and the Act's protections apply to all individuals of the 
species wherever found; (2) a portion of the range of a species is 
``significant'' if the species is not currently endangered or 
threatened throughout all of its range, but the portion's contribution 
to the viability of the species is so important that, without the 
members in that portion, the species would be in danger of extinction, 
or likely to become so in the foreseeable future, throughout all of its 
range; (3) the range of a species is considered to be the general 
geographical area within which that species can be found at the time 
the Service or the National Marine Fisheries Service (NMFS) makes any 
particular status determination; and (4) if a vertebrate species is 
endangered or threatened throughout an SPR, and the population in that 
significant portion is a valid DPS, we will list the DPS rather than 
the entire taxonomic species or subspecies.
    The SPR policy is applied to all status determinations, including 
analyses for the purposes of making listing, delisting, and 
reclassification determinations. The procedure for analyzing whether 
any portion is an SPR is similar, regardless of the type of status 
determination we are making. The first step in our analysis of the 
status of a species is to determine its status throughout all of its 
range. If we determine that the species is in danger of extinction, or 
likely to become so in the foreseeable future, throughout all of its 
range, we list the species as an endangered (or threatened) species and 
no SPR analysis is required. If the species is neither in danger of 
extinction nor likely to become so throughout all of its range, we 
determine whether the species is in danger of extinction or likely to 
become so throughout a significant portion of its range. If it is, we 
list the species as an endangered or a threatened species, 
respectively; if it is not, we conclude that listing the species is not 
warranted.
    When we conduct an SPR analysis, we first identify any portions of 
the species' range that warrant further consideration. The range of a 
species can theoretically be divided into portions in an infinite 
number of ways. However, there is no purpose to analyzing portions of 
the range that are not reasonably likely to be significant and 
endangered or threatened. To identify only those portions that warrant 
further consideration, we determine whether there is substantial 
information indicating that (1) the portions may be significant and (2) 
the species may be in danger of extinction in those portions or likely 
to become so within the foreseeable future.
    We emphasize that answering these questions in the affirmative is 
not a determination that the species is endangered or threatened 
throughout a significant portion of its range--rather, it is a step in 
determining whether a more detailed analysis of the issue is required. 
In practice, a key part of this analysis is whether the threats are 
geographically concentrated in some way. If the threats to the species 
are affecting it uniformly throughout its range, no portion is likely 
to warrant further consideration. Moreover, if any concentration of 
threats applies only to portions of the range that clearly do not meet 
the biologically based definition of ``significant'' (i.e., the loss of 
that portion clearly would not be expected to increase the 
vulnerability to extinction of the entire species), those portions will 
not warrant further consideration. If we identify any portions that may 
be both (1) significant and (2) endangered or threatened, we engage in 
a more detailed analysis to determine whether these standards are 
indeed met. To determine whether a species is endangered or threatened 
throughout an SPR, we will use the same standards and methodology that 
we use to determine if a species is endangered or threatened throughout 
its range.
    Depending on the biology of the species, its range, and the threats 
it faces, it may be more efficient to address the ``significant'' 
question first, or the status question first. Thus, if we determine 
that a portion of the range is not ``significant,'' we do not need to 
determine whether the species is endangered or threatened there; if we 
determine that the species is not endangered or threatened in a portion 
of its range, we do not need to determine if that portion is 
``significant.''

Scarlet-Chested Parrot

    Applying the process described above, we evaluated portions of the 
scarlet-chested parrot's range that may be significant, and examined 
whether any threats are geographically concentrated in some way that 
would indicate that those portions of the range may be in danger of 
extinction, or likely to become so in the foreseeable future. The range 
available to the scarlet-chested parrot is very large (262,000 km\2\ 
(101,159 mi\2\); BLI 2016a, unpaginated). Within this range, the

[[Page 16539]]

Great Victoria Desert, located in southwestern Australia, may be of 
biological or conservation importance to the scarlet-chested parrot, 
because the species is primarily concentrated in the better vegetated 
areas of this region (BLI 2016a, unpaginated; Juniper and Parr 1998, p. 
366). Therefore, the Great Victoria Desert has the potential to be of 
greater biological or conservation importance than other areas and may 
constitute a significant portion of the parrot's range.
    We next examined whether any stressors are geographically 
concentrated in some way that would indicate the species could be in 
danger of extinction, or likely to become so, in this portion. We 
examined potential stressors, including land clearing, altered fire 
regimes, limited nest hollows, illegal collection and trade, Psittacine 
beak and feather disease, predation from non-native species, 
competition for food and nest hollows, small population size, and 
effects from climate change. All these stressors appeared to be uniform 
across the range of the species, with the exception of potential 
effects from climate change (See Climate change and the scarlet-chested 
parrot above). A recent climate-change-adaptation model indicated a 
long-term range contraction to the southern portion of its range (to an 
area that includes the Great Victoria Desert) (Garnett et al. 2013b, 
interactive model results). However, given the uncertainty in the 
modelling of future climate scenarios, particularly patterns of 
precipitation, we are unable to reliably discern if the areas projected 
to be lost will result in any significant threat. While regions of the 
Great Victoria Desert may be significant, information and analyses 
indicate that the species is unlikely to be in danger of extinction or 
become so in the foreseeable future in this portion.
    All other stressors appear to be uniform across the range of the 
species. The scarlet-chested parrot is adapted to arid landscapes and 
able to travel great distances. The population is not known to be 
fragmented (Snyder et al. 2000, p. 57) and appears to be stable, with 
no evidence of decline in the last 20 years (BLI 2016a, unpaginated; 
BLI 2012a, p. 4). Therefore, based on the best scientific and 
commercial data available, no portion warrants further consideration to 
determine whether the species may be endangered or threatened in a 
significant portion of its range.

Turquoise Parrot

    We evaluated portions of the turquoise parrot's range that may be 
significant, and examined whether any threats are geographically 
concentrated in some way that would indicate that those portions of the 
range may be in danger of extinction, or likely to become so in the 
foreseeable future. The turquoise parrot occurs in many parts of 
eastern and southeastern Australia, particularly the foothills of the 
Great Dividing Range (NSW 2009, unpaginated; Garnett and Crowley 2000b, 
p. 345; Juniper and Parr 1988, p. 365). The Great Dividing Range is 
formed from multiple mountain ranges that dominate the eastern 
Australia landmass. The species' distribution is not continuous but 
rather occurs in patches of suitable habitat throughout this broader 
range (Tzaros 2016, unpaginated; Forshaw 1989, p. 286), and about 90 
percent of the population is thought to occur in New South Wales (NSW 
2009, unpaginated). We did not identify any natural divisions within 
the range that may be of biological or conservation importance with the 
exception that the central portion of the parrot's current range (in 
New South Wales) could be considered significant based on the 
concentration of parrots there.
    We next examined whether any stressors are geographically 
concentrated in some way that would indicate the species could be in 
danger of extinction, or likely to become so in the foreseeable future. 
We examined potential stressors, including land clearing, altered fire 
regimes, limited nest hollows, illegal collection and trade, Psittacine 
beak and feather disease, predation from non-native species competition 
for food and nest hollows, and effects from climate change. All these 
stressors appeared to be uniform across the range of the species, with 
the exception of potential effects from climate change (See Climate 
change and the turquoise parrot above).
    A recent climate-change-adaptation model indicated a long-term 
range contraction by about one half to the southern part of its current 
range (i.e., dropping out of Queensland but remaining in portions of 
New South Wales and Victoria) by 2085 (Garnett et al. 2013c, 
interactive model results). This reduced climate space includes 
developed regions near Sydney and in and around Melbourne (Garnett et 
al. 2013c, interactive model results). Currently, approximately 90 
percent of the population is distributed in eastern portions of New 
South Wales. Based on the modeling, the species would experience a 
reduction in climate space in New South Wales that is approximately a 
little more than one half of what is currently modeled. The modeled 
climate space in Victoria may improve somewhat with more areas becoming 
suitable for the parrot. However, given the uncertainty in the 
modelling of future climate scenarios, particularly patterns of 
precipitation, we are unable to reliably discern if the areas projected 
to be lost will result in any significant threat. While areas in New 
South Wales may be significant to the parrot, information and analyses 
indicate that the species is unlikely to be in danger of extinction or 
become so in the foreseeable future in this portion.
    All other stressors appear to be uniform across the range of the 
species. The population of the turquoise parrot now numbers more than 
20,000 individuals. The population appears to be stable and may be 
increasing in some areas. Therefore, based on the best scientific and 
commercial data available, no portion warrants further consideration to 
determine whether the species may be endangered or threatened in a 
significant portion of its range.

Summary

    We have carefully assessed the best scientific and commercial data 
available and have determined that the scarlet-chested and turquoise 
parrots are no longer in danger of extinction throughout all or 
significant portions of their respective ranges, nor are they likely to 
become so in the foreseeable future. As a consequence of this 
determination, we are removing these species from the Federal List of 
Endangered and Threatened Wildlife.

Effects of the Rule

    This final rule revises 50 CFR 17.11(h) by removing the scarlet-
chested and turquoise parakeets from the Federal List of Endangered and 
Threatened Wildlife. As of the effective date of this rule (see DATES), 
the prohibitions and conservation measures provided by the Act, 
particularly through sections 7, 8 and 9, no longer apply to these 
species. The scarlet-chested and turquoise parrots will remain 
protected under the provisions of the Convention on International Trade 
in Endangered Species of Wild Fauna and Flora (CITES). To date, the 
scarlet-chested and turquoise parrots remain on the Approved List of 
captive-bred species under the WBCA, which allows import or export of 
captive-bred individuals of these species without a WBCA permit.

[[Page 16540]]

Required Determinations

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

    We have determined that environmental assessments and environmental 
impact statements, as defined under the authority of the National 
Environmental Policy Act, need not be prepared in connection with 
listing or reclassification of a species as an endangered or threatened 
species under the Endangered Species Act. We published a notice 
outlining our reasons for this determination in the Federal Register on 
October 25, 1983 (48 FR 49244).

References Cited

    A complete list of references cited in this rulemaking is available 
on the Internet at http://www.regulations.gov under Docket No. FWS-HQ-
ES-2015-0176 or upon request (see FOR FURTHER INFORMATION CONTACT).

Authors

    This final rule was authored by staff of the Branch of Foreign 
Species, Ecological Services Program, U.S. Fish and Wildlife Service.

List of Subjects

50 CFR Part 15

    Imports, Reporting and recordkeeping requirements, Wildlife.

50 CFR Part 17

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

Regulation Promulgation

    Accordingly, we amend part 15 and part 17, subchapter B of chapter 
I, title 50 of the Code of Federal Regulations, as set forth below:

PART 15--WILD BIRD CONSERVATION ACT

0
1. The authority citation for part 15 continues to read as follows:

    Authority: 16 U.S.C. 4901-4916.

0
2. Amend Sec.  15.33(a) by:
0
a. Amending the entries in the table for ``Neophema pulchella \1\ 
(Turquoise parrot.)'' and ``Neophema splendida \1\ (Scarlet-chested 
parrot.)'' by removing the footnote superscripts; and
0
b. Revising footnote 1 following the table to read as follows:


Sec.  15.33  Species included in the approved list.

    (a) * * *
    \1\ Note: Permits are still required for this species under part 
17 of this chapter.
* * * * *

PART 17--ENDANGERED AND THREATENED WILDLIFE AND PLANTS

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

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


Sec.  17.11  [Amended]

0
4. Amend Sec.  17.11(h) by removing the entries for ``Parakeet, 
scarlet-chested'' and ``Parakeet, turquoise'' under BIRDS in the List 
of Endangered and Threatened Wildlife.

     Dated: March 3, 2017.
James W. Kurth
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2017-06663 Filed 4-4-17; 8:45 am]
BILLING CODE 4333-15-P



                                              16522               Federal Register / Vol. 82, No. 64 / Wednesday, April 5, 2017 / Rules and Regulations

                                                  TABLE 183.75—WEIGHTS (IN POUNDS) OF GASOLINE OUTBOARD ENGINES AND RELATED EQUIPMENT FOR VARIOUS
                                                                            RATED POWER (HORSEPOWER) RANGES—Continued
                                                                                                                    Single engine installations

                                                                                                                          Column number

                                                                                                                                                                                                         9
                                                                                                                                                                           7              8
                                                             1                          2               3                 4               5               6
                                                                                                                                                                                                    Total weight
                                                                                                                                                                         Battery         Full         Sum of
                                                  Engine power range                Dry              Running        Swamped          Controls &        Battery           weight        portable      columns
                                                    (Horsepower)                  weight 1 2         weight 3        weight 4         rigging 5       weight, dry      submerged      fuel tank 6     3,5,6,8)

                                              300.1–350.0 .....................             884               928             789                44            45                25           100            1,117
                                                Notes:
                                                1 Dry weight is the manufacturer’s published weight for the shortest midsection increased by 10 percent to account for longer midsections and
                                              additional required hardware usually not included in published weights. This weight is intended to represent the heaviest model in each power
                                              category. For boats designed with a transom height of 20 inches or less, the weight in Column 2 may be reduced by 10 percent. Recalculate
                                              Columns 3, 4, and 9 as appropriate.
                                                2 For diesel outboards, replace the value in Column 2 with the manufacturer’s published dry weight + 10 percent.
                                                3 Running weight is the dry weight plus fluids (including 2-stroke oil) and the heaviest recommended propeller. Calculated as 5 percent of dry
                                              weight.
                                                4 Swamped weight is 85 percent of running weight.
                                                5 Rigging and controls include engine related hardware required to complete the installation (e.g., controls, cables, hydraulic hoses, steering
                                              pumps and cylinders). Calculated as 5 percent of dry weight.
                                                6 If the boat is equipped with a permanent fuel system and is not intended to use a portable tank, the portable fuel tank weight may be omitted.




                                              § 183.220     [Amended]                                   DEPARTMENT OF THE INTERIOR                             Flora (CITES). To date, the scarlet-
                                                                                                                                                               chested and turquoise parrots remain on
                                              ■  4. Amend § 183.220 as follows:                         Fish and Wildlife Service                              the Approved List of Captive-bred
                                              ■  a. In paragraph (b)(2), remove the text                                                                       Species under the Wild Bird
                                              ‘‘shown in Column 6 of Table 4’’ and                      50 CFR Parts 15 and 17                                 Conservation Act of 1992 (WBCA).
                                              add, in its place, the text ‘‘shown in                    [Docket No. FWS–HQ–ES–2015–0176;                       DATES: This rule becomes effective May
                                              Column 9 of Table 183.75’’; and                           4500030113]                                            5, 2017.
                                              ■ b. In paragraph (d), remove the text                                                                           ADDRESSES: Comments and materials we
                                                                                                        RIN 1018–BB29                                          received, as well as supporting
                                              ‘‘specified in Columns 2 and 4 of Table
                                              4 for the swamped weight of the motor                                                                            documentation we used in preparing
                                                                                                        Endangered and Threatened Wildlife
                                              and controls and for the submerged                                                                               this rule, are available for public
                                                                                                        and Plants; Removal of the Scarlet-
                                              weight or’’ and add, in its place, the text                                                                      inspection at http://
                                                                                                        Chested Parrot and the Turquoise
                                              ‘‘specified in Columns 4 and 7 of Table                                                                          www.regulations.gov under Docket No.
                                                                                                        Parrot From the Federal List of
                                                                                                                                                               FWS–HQ–ES–2015–0176. Comments,
                                              183.75 for the swamped weight of the                      Endangered and Threatened Wildlife
                                                                                                                                                               materials, and documentation that we
                                              motor and controls and for the
                                                                                                        AGENCY:   Fish and Wildlife Service,                   considered in this rulemaking will be
                                              submerged weight of’’.                                                                                           available by appointment during normal
                                                                                                        Interior.
                                              § 183.320     [Amended]                                   ACTION: Final rule.                                    business hours at: U.S. Fish and
                                                                                                                                                               Wildlife Service, MS: ES, 5275 Leesburg
                                              ■  5. Amend § 183.320 as follows:                         SUMMARY:    We, the U.S. Fish and                      Pike, Falls Church, VA 22041–3803;
                                              ■  a. In paragraph (b)(2), remove the text                Wildlife Service (Service), are removing               telephone, 703–358–2171; facsimile,
                                              ‘‘shown in column 6 of Table 4’’ and                      the scarlet-chested parrot (Neophema                   703–358–1735. If you use a
                                              add, in its place, the text, ‘‘shown in                   splendida) and the turquoise parrot                    telecommunications device for the deaf
                                              Column 9 of Table 183.75’’; and                           (Neophema pulchella) from the Federal                  (TDD), call the Federal Relay Service at
                                                                                                        List of Endangered and Threatened                      800–877–8339.
                                              ■ b. In paragraph (d), remove the text                    Wildlife under the Endangered Species                  FOR FURTHER INFORMATION CONTACT:
                                              ‘‘specified in Column 2 of Table 4’’ and                  Act of 1973, as amended (Act). Our                     Janine Van Norman, Chief, Branch of
                                              add, in its place, the text ‘‘specified in                review of the status of these parrots                  Foreign Species, Ecological Services,
                                              Column 4 of Table 183.75’’.                               shows that the threats have been                       U.S. Fish and Wildlife Service, MS: ES,
                                                                                                        eliminated or reduced and populations                  5275 Leesburg Pike, Falls Church, VA
                                              Table 4 to Subpart H of Part 183                          of both species are stable, with potential             22041–3803; telephone, 703–358–2171;
                                              [Removed]                                                 increases noted for the turquoise parrot               facsimile, 703–358–1735. If you use a
                                                                                                        in some areas. These species are not                   telecommunications device for the deaf
                                              ■ 6. Remove Table 4 to Subpart H of                       currently in danger of extinction, and                 (TDD), call the Federal Relay Service at
                                              Part 183.                                                 are not likely to again become in danger               800–877–8339.
                                                Dated: March 29, 2017.                                  of extinction within the foreseeable                   SUPPLEMENTARY INFORMATION:
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                                                                                                        future in all or significant portions of
                                              V.B. Gifford,                                                                                                    Executive Summary
                                                                                                        their ranges. After the effective date of
                                              Captain, U.S. Coast Guard, Director of                    this final rule, the scarlet-chested and                 This document contains a final rule to
                                              Inspections and Compliance.
                                                                                                        the turquoise parrots will remain                      remove the scarlet-chested parrot and
                                              [FR Doc. 2017–06733 Filed 4–4–17; 8:45 am]                protected under the provisions of the                  the turquoise parrot from the Federal
                                              BILLING CODE 9110–04–P                                    Convention on International Trade in                   List of Endangered and Threatened
                                                                                                        Endangered Species of Wild Fauna and                   Wildlife.


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                                                                Federal Register / Vol. 82, No. 64 / Wednesday, April 5, 2017 / Rules and Regulations                                        16523

                                                Purpose of the regulatory action—We                   1970 (35 FR 8491). Both species were                  longer correctly reflected the current
                                              are delisting the scarlet-chested parrot                originally listed under the Endangered                conservation status of these birds. On
                                              and the turquoise parrot throughout                     Species Conservation Act of 1969 (Pub.                January 21, 2016, we announced the
                                              their ranges due to recovery under the                  L. 91–135, 83 Stat. 275 (1969)) as part               reopening of the public comment period
                                              Act. Species experts now widely                         of a list of species classified as                    on our September 2, 2003, proposal to
                                              characterize populations of the scarlet-                endangered. This list was retained and                remove the scarlet-chested and
                                              chested parrot and the turquoise parrot                 incorporated into the Act, and both                   turquoise parakeets from the List (81 FR
                                              as stable, with potential increases noted               species have remained listed as                       3373). We took these actions to
                                              for the turquoise parrot in some areas.                 endangered under the Act since that                   determine whether removing these
                                              Trade in wild specimens is strictly                     time. In addition, both species were                  species from the List is still warranted,
                                              regulated under Australia’s national                    included by regulation in the Approved                and to ensure that we sought, received,
                                              laws as well as through CITES, the                      List of Captive-bred Bird Species under               and made our decision based on the best
                                              Lacey Act Amendments of 1981, as                        the WBCA in title 50 of the Code of                   scientific and commercial information
                                              amended (16 U.S.C. 3371, et seq.), and                  Federal Regulations at 50 CFR 15.33.                  available regarding these species and
                                              the WBCA (16 U.S.C. 4901–4916).                         The WBCA Approved List includes bird                  their status and threats.
                                                Basis for the regulatory action—Under                 species that are in the appendices of
                                              the Act, a species may be determined to                                                                       Background
                                                                                                      CITES, and which occur in international
                                              be an endangered species or threatened                  trade only as captive-bred specimens.                    This is a final rule to remove the
                                              species because of any of five factors:                 (Both species are listed on the WBCA                  scarlet-chested and turquoise parakeets
                                              (A) The present or threatened                           Approved List and in the CITES                        from the Federal List of Endangered and
                                              destruction, modification, or                           appendices as ‘‘parrots’’; we use the                 Threatened Wildlife. This final rule
                                              curtailment of its habitat or range; (B)                term ‘‘parrots’’ in this final rule for               contains updated information from the
                                              overutilization for commercial,                         reasons set forth below in Summary of                 information presented in the proposed
                                              recreational, scientific, or educational                Changes from the Proposed Rule.)                      rule to remove these species from the
                                              purposes; (C) disease or predation; (D)                 Captive-bred individuals of species on                Federal List of Endangered and
                                              the inadequacy of existing regulatory                   the WBCA Approved List may be                         Threatened Wildlife (68 FR 52169,
                                              mechanisms; or (E) other natural or                     imported or exported without a WBCA                   September 2, 2003) and is based on the
                                              manmade factors affecting its continued                 permit. For additional information                    best scientific and commercial
                                              existence. We must consider the same                    regarding protections under the Act and               information available regarding these
                                              factors in delisting a species. We may                  WBCA, please see Existing regulatory                  species and their status and threats.
                                              delist a species if the best scientific and             mechanisms, below.                                    Summary of Changes From the
                                              commercial data indicate the species is                    On September 22, 2000, we                          Proposed Rule
                                              neither endangered nor threatened for                   announced a review of all endangered
                                              one or more of the following reasons: (1)               and threatened foreign species in the                    This final rule includes information
                                              The species is extinct; (2) the species                 Order Psittaciformes (parrots, parakeets,             summarized from status reviews we
                                              has recovered and is no longer                          macaws, cockatoos, and others; also                   conducted in 2016–2017 for the scarlet-
                                              threatened or endangered; or (3) the                    known as psittacine birds) listed under               chested and the turquoise parrots. These
                                              original scientific data used at the time               the Act (65 FR 57363). Section 4(c)(2) of             status reviews are available on the
                                              the species was classified were in error.               the Act requires such a review at least               Internet at http://www.regulations.gov
                                              We consider both the scarlet-chested                    once every 5 years. The purpose of the                as supporting documentation for Docket
                                              and turquoise parrots to be ‘‘recovered’’               review is to ensure that the List of                  No. FWS–HQ–ES–2015–0176.
                                              because threats to these parrots have                   Endangered and Threatened Wildlife                       Sections from the status reviews were
                                              been reduced or eliminated, and                         (List), found in 50 CFR 17.11, accurately             added (in part or entirely) to the
                                              populations of both species are now                     reflects the most current status                      preamble to this final rule. These new
                                              stable, with potential increases noted for              information for each listed species. We               sections in the preamble are updates or
                                              the turquoise parrot in some areas.                     requested comments and the most                       additions to information that was
                                                Peer review and public comment—We                     current scientific or commercial                      presented in the 2003 proposal to
                                              sought comments from independent                        information available on these species,               remove the scarlet-chested and
                                              specialists to ensure that our                          as well as information on other species               turquoise parakeets from the list (68 FR
                                              determination that these species have                   that may warrant future consideration                 52169, September 2, 2003). We made
                                              recovered is based on scientifically                    for listing. If the current classification of         changes to Previous Federal Actions,
                                              sound data, assumptions, and analyses.                  a species is not consistent with the best             Summary of Status Review, and
                                              We invited these peer reviewers to                      scientific and commercial information                 Significant Portion of Its Range
                                              comment on our status reviews for the                   available at the conclusion of a review,              Analysis. More detailed information
                                              scarlet-chested parrot and the turquoise                we may propose changes to the List                    about both parrots is in our 2016–2017
                                              parrot. We also considered all                          accordingly. Based on the 2000 review,                status reviews.
                                              comments and information received                       one commenter suggested that we                          In earlier rulemaking documents we
                                              during the reopening of the comment                     reevaluate the listing of the scarlet-                used the common names ‘‘scarlet-
                                              period (see Previous Federal Actions,                   chested parrot and the turquoise parrot               chested parakeet’’ and ‘‘turquoise
                                              below).                                                 and provided enough scientific                        parakeet’’ for Neophema splendida and
                                                                                                      information, including information and                N. pulchella, respectively. However,
                                              Previous Federal Actions                                correspondence with Australian                        both CITES and the WBCA use the
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                                                 The scarlet-chested and the turquoise                Government officials, to merit our                    common names ‘‘scarlet-chested parrot’’
                                              parakeets of the genus Neophema are                     further review of these species.                      and ‘‘turquoise parrot,’’ and these
                                              listed under the Act, as endangered                        On September 2, 2003, we published                 common names are also used widely in
                                              throughout their entire ranges. The                     a proposed rule (68 FR 52169) to remove               the range country of Australia, and in
                                              scarlet-chested parakeet was listed on                  the scarlet-chested and turquoise                     the scientific literature. Therefore, we
                                              December 2, 1970 (35 FR 18319). The                     parakeets from the List under the Act                 have adopted the use of the term
                                              turquoise parakeet was listed on June 2,                because the endangered designation no                 ‘‘parrot’’ instead of ‘‘parakeet’’ in the


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                                              16524             Federal Register / Vol. 82, No. 64 / Wednesday, April 5, 2017 / Rules and Regulations

                                              common name for these species in this                   Hoyo et al. 1997, p. 384), but colors are                The scarlet-chested parrot is typically
                                              final rule and in our 2016–2017 status                  somewhat duller (BLA 2016a,                           seen in isolated pairs or small groups of
                                              reviews.                                                unpaginated; Higgins 1999, p. 585)                    fewer than 10 birds (Forshaw 1989, p.
                                                 When these two species were                                                                                288), but larger flocks have been
                                              included in the Approved List of                        Biology
                                                                                                                                                            reported outside of the breeding season
                                              Captive-bred Bird Species under the                        The scarlet-chested parrot inhabits                (NSW 2014a, unpaginated; Higgins
                                              WBCA, the Service footnoted the                         open woodlands or shrublands among                    1999, p. 588; Forshaw 1989, p. 288). Age
                                              species that require an ESA permit                      sand plains of the dry inland portions                at maturity is about 3 years (Garnett &
                                              under 50 CFR part 17 for importation or                 of the Australian ‘‘outback’’ or                      Crowley 2000a, p. 346), and generation
                                              other prohibited acts to avoid any                      ‘‘rangelands.’’ Typical vegetation in                 time is estimated at 4.9 years (BLI
                                              confusion for the public (59 FR 62255,                  these shrublands includes Eucalyptus                  2012a, p. 8). The species breeds mostly
                                              62261–63; December 2, 1994). With this                  species (mallee), Acacia aneura (mulga),              from August through January, but
                                              final rule, these two species will no                   or Eucalyptus salubris (gimlet), usually              timing likely depends on rain events
                                              longer require an ESA permit under 50                   with sparse spinifex (Triodia species;                and resultant food availability (BLA
                                              CFR part 17. Accordingly, in order to                   hummock grass) ground cover (Collar                   2016a, unpaginated; Collar 2016a,
                                              avoid confusion, in this final rule we are              2016a, unpaginated; Forshaw 1989, p.                  unpaginated; Forshaw 1989, p. 288).
                                              also amending 50 CFR 15.33(a) simply                    288; Jarman, 1968, p. 111). The term                     Woodland and shrubland tree hollows
                                              to make technical corrections to delete                 ‘‘mallee’’ can mean both: (1) The various             (e.g., hollows in Eucalyptus species) are
                                              the informational footnote superscripts                 low-growing shrubby Eucalyptus                        important for nesting and may be a
                                              from the entries for these two species                  species and (2) areas of shrub that are               limiting habitat feature for the scarlet-
                                              and to reflect that the informational                   dominated by mallee bushes, typical of                chested parrot in some areas (see
                                              footnote now applies to only one                        some arid parts of Australia.                         Competition for nesting hollows and
                                              species on the WBCA Approved List.                      Throughout this document, we use the                  food, below). The scarlet-chested parrot
                                              These changes are being made with this                  term ‘‘mallee’’ to refer to the former and            lays four to six eggs on a bed of wood
                                              final rule because they are                             ‘‘mallee shrubland’’ to refer to the latter.          dust or debris in tree hollows (BLA
                                              noncontroversial actions necessary for                  Similarly, we use the term Acacia                     2016a, unpaginated; Collar 2016a,
                                              clarity and consistency that are in the                 shrublands to refer to arid landscapes                unpaginated; Forshaw 1989, p. 288).
                                              best interest of the public and should be               dominated by Acacia species.                          The female incubates the eggs, but both
                                              undertaken in as timely a manner as                        The scarlet-chested parrot is adapted              the male and female rear the young
                                              possible.                                               to country that is usually waterless,                 (AFD 2014, unpaginated, Hutchins and
                                                                                                      with average annual rainfall less than 25             Lovell, 1985 as cited in Higgins 1999, p.
                                              Scarlet-Chested Parrot                                  cm (10 in) (Jarman 1968, p. 111). It is               589). Incubation lasts for about 18 days,
                                              Summary of Status Review                                frequently found far from water and is                and the nestling period is about 30 days
                                                                                                      thought to obtain moisture by drinking                (Forshaw 1989, p. 288). The species is
                                              Taxonomy                                                dew or eating succulent (water-storing)               thought to raise just one brood per
                                                 Both the scarlet-chested (Neophema                   plants (NSW 2014a, unpaginated;                       season (Jarman 1968, p. 118) but may
                                              splendida) parrot and the turquoise                     Forshaw 1989, p. 288; Jarman 1968, p.                 produce two broods under good
                                              parrot (N. pulchella) belong to the genus               111). The species feeds primarily on                  conditions (Sindel and Gill undated as
                                              Neophema, which contains six species,                   grass seeds (Juniper and Parr 1998, p.                cited in Higgins 1999, p. 589),
                                              all native to Australia. Both Birdlife                  367; del Hoyo et al. 1997, p. 384) and                consistent with irruptive species
                                              International (BLI 2016 a&b,                            seeds from Acacia species and                         population ecology.
                                              unpaginated) and the Integrated                         herbaceous and succulent plants found
                                              Taxonomic Information System (ITIS                      near or on the ground (BLA 2016a,                     Distribution
                                              2016 a&b, unpaginated) recognize the                    unpaginated; NSW 2014a, unpaginated;                    This species once had a wide
                                              scarlet-chested and turquoise parrots as                Forshaw 1989, p. 288; Jarman 1968, p.                 distribution (Juniper and Parr 1998, p.
                                              distinct full species. We have reviewed                 111). The scarlet-chested parrot appears              366) within the drier portions of
                                              the available information and conclude                  to favor areas that have been recently                southern Australia from the west coast
                                              that the scarlet-chested and turquoise                  burned and are regenerating for forage                of Australia to the western portions of
                                              parrots are valid full species in a                     (Collar 2016a, unpaginated; BLA 2012,                 New South Wales (Higgins, 1999, pp.
                                              multispecies genus.                                     unpaginated; del Hoyo et al. 1997 p.                  585–586).
                                                                                                      384; Robinson et al. 1990, p. 11).                      Today, the population is sparsely
                                              Species Description                                        The species is described as nomadic—               distributed across the arid interior of
                                                 The scarlet-chested parrot is a                      birds will appear in an area, nest for                southern Australia, ranging from
                                              relatively small, very colorful parrot                  several years, and then disappear again               approximately Kalgoorlie (Western
                                              found in the dry central portions of                    (Collar 2016a, unpaginated; Rowden                    Australia) to western portions of New
                                              southern Australia. Adult size is                       pers. comm. 2016; Higgins 1999, p. 587;               South Wales in the east and as far north
                                              approximately 19–21 centimeters (cm)                    Juniper and Parr, 1998, p. 366; Forshaw               as southern portions of the Northern
                                              (7.5–8.3 inches (in)) in length (Higgins                1989, p. 288; del Hoyo et al. 1997, p.                Territory (NSW 2014a, unpaginated).
                                              1999, p. 585). The male scarlet-chested                 384). The species is also described as                The species is primarily concentrated in
                                              parrot is bright green above with yellow                ‘‘irruptive,’’ meaning that it is capable of          the better vegetated areas of the Great
                                              below. The face, throat, and cheeks are                 building up large numbers in response                 Victoria Desert located in southwestern
                                              blue, and flight feathers are also edged                to favorable environmental conditions                 Australia (BLI 2016a, unpaginated;
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                                              in blue (BLA 2016a, unpaginated;                        (Andrew and Palliser 1993, as cited in                Juniper and Parr 1998, p. 366).
                                              Higgins 1999, p. 585). Males are easily                 Snyder et al. 2000, p. 57; Forshaw 1989,                The estimated distribution of the
                                              distinguished from females by their                     p. 288). However, in general,                         scarlet-chested parrot is very large
                                              scarlet chest; the chest of the female is               movements or patterns of abundance for                (262,000 km2 (101,159 mi2); BLI 2016a,
                                              light green (BLA 2016a, unpaginated;                    the scarlet-chested parrot are not well               unpaginated). However, there appears to
                                              Higgins 1999, p. 585). Juvenile birds are               understood (BLI 2016a, unpaginated;                   be a reduction in the extent of the
                                              similar in appearance to the female (del                Higgins 1999, p. 587).                                historical range in the west within the


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                                                                Federal Register / Vol. 82, No. 64 / Wednesday, April 5, 2017 / Rules and Regulations                                          16525

                                              vicinity of the Western Australian                      not included in the EPBC Act’s List of                protected areas (CAPAD 2014,
                                              goldfields, with just one record from the               Threatened Fauna (Australian DEE                      unpaginated). Reserve lands in South
                                              west coast since 1854 (Dymond in litt.                  2017a, unpaginated). Inclusion on EPBC                Australia include portions of the Great
                                              2001, as cited in BLI 2016a,                            Act’s List of Threatened Fauna promotes               Victoria Desert, a primary concentration
                                              unpaginated). Similarly, reductions                     recovery via: (1) Conservation advice,                area for the scarlet-chested parrot. Also,
                                              have been noted in the east with fewer                  (2) recovery plans, and (3) the EPBC                  nearly 22 percent of Western Australia,
                                              records from New South Wales in the                     Act’s assessment and approval                         19 percent of the Northern Territory, 9
                                              20th than in the 19th century (BLI                      provisions (Australian DEE 2017b). The                percent of New South Wales, and 18
                                              2016a, unpaginated), and no confirmed                   scarlet-chested parrot was not included               percent of Victoria are part of the
                                              records from Victoria since 1995 (Clarke                on the List of Threatened Fauna either                Natural Reserve System (CAPAD 2014,
                                              in litt. 2016).                                         because it was never nominated for                    unpaginated). Because we do not
                                                 The scarlet-chested parrot at one                    consideration, or if it was nominated, it             reliably know the degree to which the
                                              point historically was thought to have                  was found ineligible by a rigorous                    Natural Reserve System protects the
                                              gone extinct, as a result of no sightings               scientific assessment of the species’                 scarlet-chested parrot and its habitat, we
                                              of this species for upwards of 20 to 60                 threat status (Australian DEE 2017b,                  did not rely on these protected areas in
                                              years (Jarman 1968, p. 111; Anon. 1932,                 unpaginated).                                         our determination of whether or not the
                                              p. 538). The current population has not                    Additionally, the 2000 Action Plan for             parrot meets the definition of threatened
                                              been quantified, but it is estimated to be              Australian Birds (Garnett and Crowley                 or endangered.
                                              larger than 10,000 mature individuals                   2000a, p. 346) listed the scarlet-chested
                                                                                                      parrot nationally as ‘‘Least Concern,’’               Factors Affecting the Scarlet-Chested
                                              (BLI 2012a, p. 1); and population trends                                                                      Parrot
                                              appear to be stable, with no evidence of                but this designation was removed in the
                                              decline in the last 20 years (BLI 2016a,                2010 Action Plan (Garnett et al. 2011,                  The following paragraphs provide a
                                              unpaginated; BLI 2012a, p. 4). The                      entire). As such, there is no national                summary of the past, current, and
                                              population does not appear to be                        recovery plan for the scarlet-chested                 potential future stressors for the scarlet-
                                              fragmented, and subpopulations can                      parrot, though recommended actions                    chested parrot and its habitats. In cases
                                              travel great distances (Snyder et al.                   were outlined for the species in the                  where the stressors were common to
                                              2000, p. 57).                                           2000 Action Plan (Garnett and Crowley                 both the scarlet-chested and turquoise
                                                                                                      2000a, p. 346). There was no                          parrots, we discuss potential effects to
                                              Captive-Bred Specimens                                  justification provided for the removal of             both parrot species for efficiency.
                                                The scarlet-chested parrot is bred in                 the scarlet-chested parrot from the 2010              Land Clearing in Australia
                                              captivity for the pet trade and may                     Action Plan. Justification was provide
                                              number between 10,000 and 25,000 held                   for removal of the turquoise parrot form                 In this section, we consider the term
                                              in captivity in Australia alone (Collar                 the 2010 Action Plan, which noted that                ‘‘land clearing’’ to mean the removal of
                                              2016a, unpaginated; Juniper and Parr                    the population was too large to be                    Australian native vegetation for
                                              1998, p. 366; del Hoyo et al. 1997, p.                  considered ‘‘near threatened’’ and that               agriculture, development, or other
                                              384), although estimates of the size of                 there was no evidence of a recent                     purposes (COAG 2012, p. 2). Thus, we
                                              the captive population after the late                   decline (Garnett et al. 2011, p. 429). We             consider clearing of the native habitats
                                              1990s could not be found.                               assume that similar criteria were                     occupied by both the scarlet-chested
                                                                                                      considered for the removal of the                     and turquoise parrots as ‘‘land
                                              Conservation Status                                     scarlet-chested parrot from the 2010                  clearing,’’ including clearing of forests,
                                                 The scarlet-chested parrot was listed                Action Plan.                                          woodlands, scrub- or shrublands, and
                                              in CITES Appendix I in 1975, but                           At the state level, the scarlet-chested            grasslands. When Europeans began
                                              transferred to Appendix II in 1977                      parrot is listed as ‘‘Near threatened’’ in            colonizing Australia in the late 18th
                                              (UNEP 2011a, unpaginated). The Order                    the Northern Territory (NT GOV 2016,                  century, approximately 30 percent of
                                              Psittaciformes was listed as a whole in                 unpaginated), and ‘‘Rare’’ in South                   the continent was covered in forest
                                              Appendix II in 1981 (UNEP 2011a,                        Australia (South Australia 2016,                      (Barson et al. 2000 as cited in Bradshaw
                                              unpaginated). Listing in CITES                          unpaginated). It does not appear on the               2012, p. 110). Since colonization,
                                              Appendix II allows for regulated                        list of threatened fauna in Western                   Australia has lost nearly 40 percent of
                                              international commercial trade based on                 Australia (WAG 2015, unpaginated).                    its forests, and much of the remaining
                                              certain findings.                                       Although sightings are rare in New                    vegetation is highly fragmented
                                                 International Union for Conservation                 South Wales, the State has listed the                 (Bradshaw 2012, p. 109). In the late 18th
                                              of Nature and Natural Resources                         scarlet-chested parrot as ‘‘Vulnerable’’              and the early 19th centuries,
                                              (IUCN)—In 1988, the scarlet-chested                     and has identified management actions                 deforestation occurred mainly on the
                                              parrot was listed as ‘‘Threatened’’ on the              for its conservation (NSW 2014a,                      most fertile soils closest to the coast
                                              IUCN Red List of Endangered Species                     unpaginated). The species is currently                (Bradshaw 2012, p. 109). Land clearing
                                              (BLI 2012a, p. 1). The species was                      listed as ‘‘Threatened’’ in Victoria under            continues in more recent timeframes—
                                              recategorized as ‘‘Vulnerable’’ in 1994,                the Flora and Fauna Guarantee Act 1988                with Australia having the sixth highest
                                              to ‘‘Lower Risk’’ in 2000, and to ‘‘Least               (FFG Act 2016, p. 3; Vic DSE 2013, p.                 annual rate of land clearing in the world
                                              Concern’’ in 2004; the status remains at                12), although there have been no                      from 1990 to 2000 (Lindenmayer and
                                              ‘‘Least Concern’’ (BLI 2012a, p. 1).                    confirmed records there since 1995                    Burgman 2005, p. 230).
                                                                                                      (Clarke in litt. 2016).                                  Although land clearing is listed as a
                                              Australia                                                  Additionally, portions of suitable                 ‘‘key threatening process’’ under the
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                                                Commercial exports of the scarlet-                    habitat for the scarlet-chested parrot are            EPBC Act (Australian DEE 2016a,
                                              chested parrot from Australia have been                 protected. For example, nearly 30                     unpaginated), the Commonwealth has
                                              prohibited since 1962; these                            percent of the state of South Australia               no jurisdiction over state actions
                                              prohibitions are now codified in                        is now in the Natural Reserve System,                 (Lindenmayer and Burgman 2005, p.
                                              Australia’s Environment Protection and                  which includes government reserves,                   233). Throughout this document, the
                                              Biodiversity Conservation Act 1999                      indigenous protected areas, private                   term ‘‘key threatening process’’ means a
                                              (EPBC Act). The scarlet-chested parrot is               protected areas, and jointly managed                  ‘‘threatening process that threatens or


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                                              16526             Federal Register / Vol. 82, No. 64 / Wednesday, April 5, 2017 / Rules and Regulations

                                              may threaten the survival, abundance or                 periods via invertebrates, fungi, or                  its entire range now or in the foreseeable
                                              evolutionary development of a native                    bacteria (Haslem et al. 2012, p. 213).                future because the scarlet-chested parrot
                                              species or ecological community’’                                                                             has evolved in dynamic environmental
                                                                                                      Altered Fire Regimes and the Scarlet-
                                              (EPBC Act; Australian DEE 2016b,                                                                              conditions, the area available to the
                                                                                                      Chested Parrot
                                              unpaginated).                                                                                                 parrot is large, and the parrot is capable
                                                                                                         Frequency, extent, and intensity of                of traveling great distances.
                                              Land Clearing and the Scarlet-Chested                   wildfires appear to be increasing across
                                              Parrot                                                  most of the scarlet-chested parrot’s                  Illegal Collection and Trade (for Both
                                                 Europeans settled Australia’s semi-                  range (see Climate change in Australia,               Scarlet-Chested and Turquoise Parrots)
                                              arid or arid landscapes (i.e., areas used               below). The role these increases play in                 Trapping or nest robbing of scarlet-
                                              by the scarlet-chested parrot) 150 years                the ecology of the scarlet-chested parrot             chested and turquoise parrots for the
                                              ago (Benson et al. 2001, p. 26).                        is difficult to discern. The scarlet-                 caged bird industry may have been a
                                              Determining impacts to the scarlet-                     chested parrot uses and prefers recently              significant stressor in the past (NSW
                                              chested parrot from land clearing is not                burned and regenerating areas for forage              2014a&b, unpaginated; Higgins 1999,
                                              straightforward, partly because the area                (Collar 2016a, unpaginated; BLA 2012,                 pp. 587 & 576), but current rates of
                                              known to be available to the parrot is                  unpaginated; del Hoyo et al., 1997 p.                 trapping are unknown. It may no longer
                                              large (BLI 2012, p. 1), and the parrot is               384; Robinson et al. 1990, p. 11).                    be much of a stressor because these
                                              capable of traveling great distances                    However, altered fire regimes (e.g., more             species are readily captive-bred and
                                              (Snyder et al. 2000, p. 57). Habitat                    frequent fire intervals) have probably                kept in large numbers (Garnett 1992 as
                                              clearing has caused major losses of the                 been detrimental in some areas (BLI                   cited in Snyder et al. 2000, p. 57).
                                              mallee shrublands used by the scarlet-                  2016a, unpaginated; Collar 2016a,                     However, if illegal trapping is still
                                              chested parrot in some areas, such as in                unpaginated; NSW 2014a, unpaginated;                  occurring, it could be significant in
                                              southern South Australia and                            Garnett and Crowley 2000a, p. 346).                   some areas if only a small number of
                                              northwestern Victoria, but large                        Woodland birds of the mallee                          birds are present (NSW 2014a,
                                              fragments remain (CAPAD 2014,                           shrublands, occupied by the scarlet-                  unpaginated). For example, the scarlet-
                                              unpaginated; Garnett and Crowley                        chested parrot in a large portion of its              chested parrot was the subject of illegal
                                              2000a, p. 346). Overgrazing by exotic                   range, are sensitive to altered fire                  bird trappers at Gluepot Reserve in
                                              herbivores (i.e., cattle, sheep, and                    regimes (Clarke in litt. 2016). Time-                 eastern South Australia in the 1970s,
                                              rabbits) and resultant vegetation                       since-fire (and resultant older vegetation            where there may be a small resident
                                              modification is also attributed to the                  stages) are important variables for                   population (MacKenzie in litt. 2016).
                                              decline of many arid-zone birds (Reid                   species richness (Taylor et al. 2012,                 Additionally, practices used in illegal
                                              and Fleming, 1992, pp. 65, 80), though                  entire) and occupancy (Clarke in litt.                trapping can destroy nest hollows (NSW
                                              trends for the scarlet-chested parrot are               2016, Brown et al. 2009, entire; Clarke               2014b, unpaginated; Baker-Gabb 2011,
                                              less discernible due, in part, to their use             et al. 2005, pp. 174, 178, 179) in mallee             p. 10). Both the scarlet-chested and
                                              of remote desert regions (Garnett 1992                  shrublands.                                           turquoise parrots are still thought to be
                                              as cited in Reid and Fleming, 1992, p.                     Long fire-free periods are important in            illegally trapped at some level (NSW
                                              74). Clearance and harvesting of mallee                 the formation of tree hollows (Haslem et              2014a&b, unpaginated), but trapping is
                                              shrublands and Acacia shrublands                        al. 2012, entire), which the parrots                  no longer thought to be a major stressor
                                              affects nest hollow availability (NSW                   depend upon for breeding. Mid- to late-               (Garnett 1992 as cited in Snyder et al.
                                              2014a, unpaginated; Joseph 1988, p.                     successional stages of vegetation (greater            2000, p. 57; Joseph 1988, p. 274).
                                              273), although the extent of the impacts                than 20 years) are important to many                     Legislation by the states within these
                                              to the scarlet-chested parrot is                        bird species in semi-arid shrublands in               species’ range prohibits, or limits by
                                              unknown.                                                southeastern Australia (Watson et al.                 permit, the capture of these species from
                                                                                                      2012, p. 685). More frequent fire                     the wild (See Existing regulatory
                                              Fire in Australia                                       intervals can prevent these stages from               mechanisms, below). Legitimate state
                                                 Fire is an essential component of                    occurring.                                            permit holders (such as zoos, breeders,
                                              Australia’s natural environment. The                       In summary, although habitat loss and              or pet shops) must prove that they are
                                              indigenous people of Australia learned                  degradation has occurred in the arid and              qualified to care for the animals and
                                              to live in a fire-prone environment and                 semi-arid habitat occupied by the                     keep detailed records in a logbook
                                              used fire as a primary land management                  scarlet-chested parrot over the last 150              (Barry 2011, unpaginated). However, the
                                              tool (Whelan et al. 2006, p. 1). When                   years, the degree to which land clearing              limited permissions for removal of
                                              early Europeans arrived, they feared and                for agriculture, overgrazing by                       wildlife and associated recordkeeping
                                              fought bushfires (wildfires) but used                   introduced herbivores and altered fire                are, at times, abused. A practice called
                                              managed fires to clear native vegetation                regimes have acted on, are presently                  ‘‘leaving the book open’’ is a common
                                              for agriculture (Whelan et al. 2006, p. 1).             acting on, or will act on the scarlet-                way to launder wildlife—where permit
                                              Today, land managers use fire for                       chested parrot in the foreseeable future,             holders sometimes head to the bush to
                                              biodiversity conservation, to promote                   is difficult to assess. Mallee shrublands             replace a permitted animal that died, or
                                              pasture production, and for the                         in southern South Australia and                       pass off a wild animal as captive-bred
                                              protection of life, property, and other                 northwestern Victoria have been lost,                 (Barry 2011, unpaginated). Although
                                              assets (e.g., to manage fuel loads and                  but large fragments remain (CAPAD                     there are thousands of state wildlife
                                              prevent wildfire) (Whelan et al. 2006, p.               2014, unpaginated; Garnett and Crowley                permit infringements and seizures each
                                              1). Fire is also an important process in                2000a, p. 346). Availability of nest                  year in Australia, only a small number
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                                              the formation of tree hollows used for                  hollows in the dwindling mallee                       go to court (e.g., as few as 12 cases per
                                              nesting species, such as the scarlet-                   shrublands is a concern over the long                 year), and punishments across the states
                                              chested parrot. Australia lacks primary                 term (Joseph 1988, p. 273). Although                  vary (Barry 2011, unpaginated). Under
                                              tree excavator species, such as                         habitat destruction and modification is               Australian Federal law, maximum fines
                                              woodpeckers, so hollows are generally                   a likely stressor for the scarlet-chested             for wildlife permit violations are
                                              started by fire or limb loss, and hollow                parrot, we do not consider it to be a                 $110,000 AUS ($83,194 US) and 10
                                              formation continues over long time                      major stressor to the species throughout              years in prison, but across the states,


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                                                                Federal Register / Vol. 82, No. 64 / Wednesday, April 5, 2017 / Rules and Regulations                                         16527

                                              penalties range from $220,000 AUS                       Disease (for Scarlet-Chested and                      after European settlement and are now
                                              ($158,824 US) and 2 years jail in New                   Turquoise Parrots)                                    found throughout mainland Australia
                                              South Wales to $10,000 AUS ($7,563                         Information regarding diseases and                 (Australian DEE 2015, p. 7). Predation
                                              US) and no jail time in Western                         their potential effect to wild scarlet-               by feral cats was identified as a key
                                              Australia (Barry 2011, unpaginated).                    chested and turquoise parrots is limited.             threatening process in 1999 (Australian
                                                 International trade in wild-caught                                                                         DEE 2015, p. 5). In response, a feral cat
                                                                                                      Psittacine beak and feather disease
                                              specimens is strictly limited by                                                                              threat abatement plan was developed by
                                                                                                      (PBFD) is a viral disease that occurs in
                                              domestic regulation (in Australia) and                                                                        the Australian Government in 2008, and
                                                                                                      a fatal form and a chronic form in both
                                              through additional national and                                                                               the most recent plan was published in
                                                                                                      old and new world parrots (Fogell et al.
                                              international treaties and laws (See                                                                          2015. It establishes a national
                                                                                                      2016, pp. 2059 and 2060). In 2001,
                                              Existing regulatory mechanisms, below).                                                                       framework for cat control, research,
                                                                                                      PBFD was listed as a ‘‘key threatening
                                              However, the fact that so many species                                                                        management, and other actions needed
                                              of native Australian birds have appeared                process affecting endangered psittacine
                                                                                                      species’’ (Peters et al. 2014, p. 289;                to ensure the long-term survival of
                                              overseas during the years of prohibition                                                                      native species and ecological
                                              is evidence that some smuggling has                     Australian DEH 2004, unpaginated).
                                                                                                      Cases of PBFD are pervasive in                        communities affected by feral cats
                                              been successful (Parliament of Australia                                                                      (Australian DEE 2015, p. 5).
                                              2016, unpaginated).                                     Australia, having been reported in more
                                                                                                      than 61 psittacine species (Australian                   The non-native European red fox
                                                 Despite domestic and international                                                                         (Vulpes vulpes) was introduced in the
                                              protections for wild birds, captive-bred                DEH 2004, unpaginated).
                                                                                                         The virus particularly affects                     mid-1800s and now occupies much of
                                              scarlet-chested and turquoise parrots are
                                                                                                      juveniles or young adults, but all ages               mainland Australia (Australian
                                              widely available, and their market value
                                                                                                      are susceptible (Australian DEH 2004,                 DSEWP&C 2010, unpaginated),
                                              is relatively low compared to other
                                                                                                      unpaginated). The chronic form of PBFD                including the range of the scarlet-
                                              species of parrots, especially for birds
                                                                                                      results in feather, beak, and skin                    chested and turquoise parrots. Predation
                                              sold in Australia. Scarlet-chested
                                                                                                      abnormalities, with most birds                        by the European red fox is listed by the
                                              parrots sold in Australia are valued at
                                                                                                      eventually dying (Australian DEH 2004,                Australian Government as a key
                                              approximately $20 to $50 AUS ($15 to
                                                                                                      unpaginated). Symptoms of the acute                   threatening process in 1999 (Australian
                                              $38 US) (Findads.com 2016,
                                                                                                      form of PBFD include feather                          DEE 2015, p. 5). In response, the
                                              unpaginated). Prices for scarlet-chested
                                              parrots in the United States are                        abnormalities and diarrhea, with death                Australian Government developed a
                                              approximately five times higher, or                     likely within 1 to 2 weeks (Australian                threat abatement plan that outlines
                                              more—approximately $99 to $165 AUS                      DEH 2004, unpaginated). PBFD is                       conventional control techniques such as
                                              ($75 to $125 US) (Hoobly Classifieds                    readily transmitted through contact with              shooting, poisoning, and fencing as well
                                              2016, unpaginated). Market value for                    contaminated feces, feather dust, crop                as research and management actions
                                              turquoise parrots is lower—                             secretions, surfaces, or objects (Gerlach             (Australian DSEWP&C 2010,
                                              approximately $15 AUS ($11 US) for                      1994 as cited in Ritchie et al. 2003,                 unpaginated). To date, it is not known
                                              birds sold in Australia and $50 AUS                     p.109) and can also be passed directly                if these efforts are resulting in a
                                              ($38 US) for birds sold overseas                        from a female to her young (Fogell et al.             reduction in these predators.
                                              (Parliament of Australia 2016,                          2016, p. 2060).                                       Predation and the Scarlet-Chested
                                              unpaginated).                                              PBFD can probably survive for many                 Parrot
                                                                                                      years in tree hollows and other nest
                                              Levels of Legal International Trade (for                sites (Australian DEH 2004,                              Predation by feral cats and European
                                              the Scarlet-Chested Parrot)                             unpaginated). To date, the disease has                red foxes could be a stressor for the
                                                 Between 1980 and 2014, there were                    not been reported for the scarlet-chested             scarlet-chested parrot, but the degree of
                                              very few wild scarlet-chested parrots in                or turquoise parrots (Fogell et al. 2016,             predation is not known. Both the
                                              trade. There were 22,612 recorded                       pp. 2063–2065), but recent phylogenetic               scarlet-chested and turquoise parrot
                                              exports of the species in international                 analyses of the virus indicate that all               were assessed as ‘‘high risk’’ from these
                                              trade (19,337 recorded as imports). Of                  endangered Australian psittacine birds                predators within the rangeland
                                              these, only 32 specimens were recorded                  are susceptible to, and equally likely to             environment in the Western Division of
                                              as exports from Australia (7 recorded as                be infected by, the disease (Raidal et al.            New South Wales based on variables
                                              imported). With few exceptions,                         2015, p. 466). PBFD may be less of a                  such as predator density, body weight,
                                              specimens in trade were captive-bred                    danger to larger, non-threatened                      habitat use, and behavior (Dickman et
                                              for the pet trade. Within this same time                populations of Australian psittacine                  al. 1996, p. 249). The Western Division
                                              period there were 295 recorded imports                  species because they are generally better             of New South Wales represents the
                                              (and 168 recorded exports) to the United                able to sustain losses to the disease, and            eastern edge of the current distribution
                                              States. Of those imports, 23 specimens                  individuals that survive infection                    of the scarlet-chested parrot.
                                              were confiscated by the U.S. Fish and                   develop immunity (Australian DEH                      Additionally, the night parrot
                                              Wildlife Service (UNEP 2016a).                          2004, unpaginated). Because PBFD is so                (Pezoporus occidentalis), which shares
                                                 In summary, poaching for the pet                     pervasive in Australia, scarlet-chested               some habitat (Triodia grass) with the
                                              trade may be occurring at a low level                   and turquoise parrots are likely                      scarlet-chested parrot, may have
                                              that is not likely to affect wild                       susceptible, but population sizes (i.e.,              experienced a decline partly due to
                                              populations. Small, possibly resident,                  approximately 10,000 scarlet-chested                  nonnative predators such as foxes and
                                              subpopulations may face some risk from                  and 20,000 turquoise parrots) may                     cats (Joseph 1988, p. 274). Lastly, the
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                                              poaching, but we are not aware of any                   provide some resiliency from the                      provisioning of water for livestock has
                                              significant poaching since the 1970s.                   disease.                                              made some areas that were, perhaps,
                                              Nor are we aware of any information                                                                           once too dry for these predators more
                                              indicating that overutilization for                     Predation From Non-Native Cats and                    hospitable. However, we did not find
                                              recreational, scientific, or educational                Foxes in Australia                                    any information indicating that
                                              purposes is a stressor to the scarlet-                    Nonnative cats (Felis catus) were                   predation by foxes and cats is affecting
                                              chested parrot.                                         introduced and became established soon                the scarlet-chested parrot.


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                                              16528             Federal Register / Vol. 82, No. 64 / Wednesday, April 5, 2017 / Rules and Regulations

                                              Competition for Nesting Hollows and                     governments, ensures that the                         foreign countries. Sections 8(b) and 8(c)
                                              Food                                                    international trade of CITES-listed                   of the Act authorize the Secretary to
                                                 Competition for suitable nest hollows                plants and animals does not threaten the              encourage conservation programs for
                                              has the potential to limit reproductive                 survival of the species in the wild.                  foreign listed species, and to provide
                                              success by limiting the number of pairs                 Under this treaty, CITES Parties regulate             assistance for such programs, in the
                                              that can breed, or by causing nest                      the import, export, and reexport of                   form of personnel and the training of
                                              mortality as a result of competitive                    specimens, parts, and products of                     personnel.
                                                                                                      CITES-listed plants and animals (CITES                   Section 9(a)(1) of the Act and our
                                              interactions. All but four species of
                                                                                                      2016, unpaginated). Trade must be                     implementing regulations set forth a
                                              Australian parrots are dependent on tree
                                                                                                      authorized through a system of permits                series of general prohibitions and
                                              hollows for nesting (Forshaw 1990, p.
                                                                                                      and certificates that are provided by the             exceptions that apply to all endangered
                                              58), and at least 14 species of parrots are                                                                   wildlife. These prohibitions, at 50 CFR
                                                                                                      designated CITES Scientific and
                                              known to use mallee shrublands                                                                                17.21, in part, make it illegal for any
                                                                                                      Management Authorities of each CITES
                                              (Schodde, 1990, p. 61). Availability of                                                                       person subject to the jurisdiction of the
                                                                                                      Party (CITES 2016, unpaginated). The
                                              nest hollows in the dwindling mallee                                                                          United States to ‘‘take’’ (includes harass,
                                                                                                      United States implements CITES
                                              shrublands is a concern over the long                                                                         harm, pursue, hunt, shoot, wound, kill,
                                                                                                      through the Act and our implementing
                                              term (Joseph 1988, p. 273).                                                                                   trap, capture, or to attempt any of these)
                                                                                                      regulations at 50 CFR part 23. It is
                                              Additionally, the provisioning of water                                                                       within the United States or upon the
                                                                                                      unlawful for any person subject to the
                                              for livestock in semi-arid and arid                     jurisdiction of the United States to                  high seas; import or export; deliver,
                                              rangelands may have caused increases                    engage in any trade in any specimens                  receive, carry, transport, or ship in
                                              and competitive advantage (e.g., for food               contrary to the provisions of CITES, or               interstate or foreign commerce, by any
                                              and nest hollows) to more water-                        to possess any specimens traded                       means whatsoever, in the course of
                                              dependent parrots (Collar 2016a,                        contrary to the provisions of CITES, the              commercial activity; or sell or offer for
                                              unpaginated; Garnett and Crowley                        Act, or part 23. Protections for CITES-               sale in interstate or foreign commerce
                                              2000a, p. 346; del Hoyo et al., 1997, p.                listed species are provided                           any endangered wildlife species. It also
                                              384). National legislation, policy, and                 independently of whether a species is a               is illegal to possess, sell, deliver, carry,
                                              strategic management plans are in place                 threatened species or endangered                      transport, or ship any such wildlife that
                                              to protect hollow-bearing trees in                      species under the Act.                                has been taken in violation of the Act.
                                              Australia; however, prioritization and                     In the United States, the scarlet-                 Certain exceptions apply to agents of the
                                              implementation of actions at the local                  chested and turquoise parrots are                     Service and State conservation agencies.
                                              level may be limited or lacking (Treby                  currently listed as endangered and                       Under section 10 of the Act, permits
                                              et al. 2014, entire).                                   protected by the Act. Conservation                    may be issued to carry out otherwise
                                                 In summary, disease, predation, and                  measures provided to species listed as                prohibited activities involving
                                              competition are all potential stressors                 endangered or threatened under the Act                endangered species under certain
                                              for the scarlet-chested parrot. Although                include recognition, requirements for                 circumstances. Regulations governing
                                              PBFD has not been confirmed in the                      Federal protection, and prohibitions                  permits are codified at 50 CFR 17.22 for
                                              scarlet-chested parrot, it is likely                    against certain practices. Recognition                endangered species. With regard to
                                              susceptible to the disease at some level.               through listing results in public                     endangered wildlife, a permit may be
                                              We are not aware of other diseases or                   awareness, and encourages and results                 issued for the following purposes: for
                                              pathogens that affect the wild                          in conservation actions by Federal and                scientific purposes, to enhance the
                                              population. Predation and competition                   State governments, private agencies and               propagation or survival of the species
                                              may be occurring at low levels. Disease,                interest groups, and individuals.                     and for incidental take in connection
                                              predation, and competition do not                          Section 7(a) of the Act, as amended,               with otherwise lawful activities.
                                              appear to be significant stressors to the               and as implemented by regulations at 50                  Two other laws in the United States
                                              species because populations of the                      CFR part 402, requires Federal agencies               apart from the Act provide protection
                                              scarlet-chested parrot appear to be                     to evaluate their actions that are to be              from the illegal import of wild-caught
                                              stable with an estimated 10,000                         conducted within the United States or                 birds into the United States: the Wild
                                              individuals and no evidence of decline                  upon the high seas, with respect to any               Bird Conservation Act (WBCA) and the
                                              in the past 20 years.                                   species that is proposed to be listed or              Lacey Act. The WBCA was passed in
                                                                                                      is listed as endangered or threatened.                1992 to ensure that exotic bird species
                                              Existing Regulatory Mechanisms (for                                                                           are not harmed by international trade
                                                                                                      Specifically, section 7(a)(2) requires
                                              Both Scarlet-Chested and Turquoise                                                                            and to encourage wild bird conservation
                                                                                                      Federal agencies to ensure those actions
                                              Parrots)                                                                                                      programs in countries of origin. Under
                                                                                                      they authorize, fund, or carry out are not
                                                 In Australia, legislation from all states            likely to jeopardize the continued                    the WBCA and our implementing
                                              within these species’ range prohibits, or               existence of a listed species or to                   regulations (50 CFR 15.11), it is
                                              limits by permit, the capture of the                    destroy or adversely modify its critical              unlawful to import into the United
                                              scarlet-chested and turquoise parrots                   habitat. However, because foreign                     States any exotic bird species listed
                                              from the wild. Commercial exports of                    species are not native to the United                  under CITES except under certain
                                              these species from Australia have been                  States, critical habitat is not designated.           circumstances. The U.S. Fish and
                                              banned since 1962. The prohibition is                   Regulations implementing the                          Wildlife Service may issue permits to
                                              now codified under the EPBC Act.                        interagency cooperation provision of the              allow import of listed birds for scientific
                                              Individuals who violate this act, for                   Act are codified at 50 CFR part 402.                  research, zoological breeding or display,
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                                              example to export native species for                       Section 8(a) of the Act authorizes the             cooperative breeding, or personal pet
                                              commercial reasons, can face serious                    provision of limited financial assistance             purposes when the applicant meets
                                              penalties, such as lengthy imprisonment                 for the development and management of                 certain criteria (50 CFR 15.22–15.25).
                                              and hefty fines.                                        programs that the Secretary of the                    All Neophema are protected under the
                                                 These species are listed in Appendix                 Interior determines to be necessary or                WBCA (USFWS 2004). The WBCA
                                              II of CITES (50 CFR 23.91). CITES, an                   useful for the conservation of                        allows import into the United States of
                                              international agreement between                         endangered or threatened species in                   captive-bred birds of certain species


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                                                                Federal Register / Vol. 82, No. 64 / Wednesday, April 5, 2017 / Rules and Regulations                                          16529

                                              included in the WBCA Approved List                      sections in Factors Affecting the Scarlet-            parrot population is not known to be
                                              (50 CFR 15.33), such as scarlet-chested                 Chested Parrot, we do not find major                  fragmented (Snyder et al. 2000, p. 57).
                                              and turquoise parrots, which meet the                   stressors adversely affecting the species             We are not aware of any genetic studies
                                              following criteria (50 CFR 15.31):                      or its habitat. Thus, it is reasonable to             on the scarlet-chested parrot and have
                                                 (a) All specimens of the species                     conclude that the regulatory                          no evidence that low genetic diversity is
                                              known to be in trade (legal or illegal)                 mechanisms addressing these potential                 a problem for the species. Additionally,
                                              must be captive bred;                                   stressors are adequate at protecting the              the scarlet-chested parrot is capable of
                                                 (b) No specimens of the species may                  species at a domestic and global level.               building up large numbers in response
                                              be removed from the wild for                                                                                  to favorable environmental conditions,
                                              commercial purposes;                                    Small Population Size
                                                                                                                                                            and has historically survived changes to
                                                 (c) Any importation of the species                      We discussed the nomadic behavior                  its habitat, including wildfire and other
                                              must not be detrimental to the survival                 and the irruptive species population                  stochastic events.
                                              of the species in the wild; and                         ecology of the scarlet-chested parrot in                 In summary, the best available
                                                 (d) Adequate enforcement controls                    the Biology section above and noted that              information does not indicate that lack
                                              must be in place to ensure compliance                   the species can experience range                      of genetic variability and reduced
                                              with paragraphs (a) through (c).                        contractions and low numbers (Runge et                fitness is acting on the scarlet-chested
                                                 The Lacey Act was originally passed                  al. 2014, pp. 870, 874). Although the                 parrot now or will do so in the future.
                                              in 1900 and was the first Federal law                   current population has not been
                                              protecting wildlife. Today, it provides                 quantified, it is estimated to be larger              Global Climate Change
                                              civil and criminal penalties for the                    than 10,000 mature individuals (BLI                      Described in general terms, ‘‘climate’’
                                              illegal trade of animals and plants.                    2012a, p. 1); and population trends                   refers to the mean and variability of
                                              Under the Lacey Act, in part, it is                     appear to be stable, with no evidence of              different types of weather conditions
                                              unlawful to import, export, transport,                  decline in the last 20 years (BLI 2016a,              over a long period of time, which may
                                              sell, receive, acquire, or purchase any                 unpaginated; BLI 2012a, p. 4). Because                be reported as decades, centuries, or
                                              fish, or wildlife taken, possessed,                     the scarlet-chested parrot can                        thousands of years. The term ‘‘climate
                                              transported, or sold: (1) In violation of               experience large range contractions and               change’’ thus refers to a change in the
                                              any law, treaty, or regulation of the                   low numbers, we considered whether                    mean or variability of one or more
                                              United States or in violation of any                    small population size in combination                  measures of climate (e.g., temperature,
                                              Indian tribal law, or (2) in interstate or              with other stressors might act as a                   precipitation) that persists for an
                                              foreign commerce any fish or wildlife                   stressor to the species. Small                        extended period, typically decades or
                                              taken, possessed, transported, or sold in               populations are generally at greater risk             longer, whether the change is due to
                                              violation of any law or regulation of any               of extinction from habitat loss,                      natural variability, human activity, or
                                              State or in violation of any foreign law.               predation, disease, loss of genetic                   both (Intergovernmental Panel on
                                              Therefore, for example, because the take                diversity, and stochastic (random)                    Climate Change; (IPCC 2007, p. 78).
                                              of wild-caught Australian parrots would                 environmental events such as wildfire                 Various types of changes in climate can
                                              be in violation of Australia’s EPBC Act,                and floods.                                           have direct or indirect effects on
                                              the subsequent import of such parrots                      Species that naturally occur in low                species, and these may be positive or
                                              would be in violation of the Lacey Act.                 densities, however, are not necessarily               negative depending on the species and
                                              Similarly, under the Lacey Act it is                    in danger of extinction merely by virtue              other relevant considerations, such as
                                              unlawful to import, export, transport,                  of their rarity. Many naturally rare                  the effects of interactions with non-
                                              sell, receive, acquire, or purchase                     species have persisted for long periods,              climate conditions (e.g., habitat
                                              specimens of these species traded                       and many naturally rare species exhibit               fragmentation). We use our expert
                                              contrary to CITES.                                      traits (e.g., nomadic behavior and                    judgment to weigh information,
                                                 In this section, we reviewed the                     irruptive species population ecology of               including uncertainty, in our
                                              existing regulatory mechanisms                          the scarlet-chested parrot) that allow                consideration of various aspects of
                                              governing collection and trade of wild                  them to persist despite their small                   climate change that are relevant to the
                                              scarlet-chested parrots. While we note                  population sizes. Consequently, the fact              scarlet-chested and turquoise parrots.
                                              the conservation measures that would                    that a species is rare or has small                   Global climate change predictions
                                              no longer be in place under the Act as                  populations alone does not indicate that              include increases in intensity and/or
                                              a result of a delisting, such as the                    it may be in danger of extinction now                 duration of heat waves and droughts, as
                                              prohibitions on take within the United                  or in the foreseeable future. Additional              well as greater numbers of heavy
                                              States or on the high seas, and import,                 information beyond rarity is needed to                precipitation events (IPCC 2013, p. 7).
                                              export, or re-export into or out of the                 determine whether the species may
                                              United States, we did not rely on the                   warrant listing. In the absence of                    Climate Change in Australia
                                              conservation measures provided by a                     information identifying stressors to the                Over the last century, Australia has
                                              listing under the Act in reaching our                   species and linking those stressors to                experienced an average increase of 1.0
                                              determination of whether or not the                     the rarity of the species or a declining              °C (1.8 °F), with the most pronounced
                                              species meets the definition of                         status, we do not consider rarity alone               and rapid warming occurring in eastern
                                              threatened or endangered. As described                  to be a threat. Further, a species that has           Australia from the 1950s to the present
                                              above, the EPBC Act (which controls                     always had small population sizes or                  (Nicholls 2006 as cited in Bradshaw
                                              commercial export), Lacey Act, CITES,                   has always been rare, yet continues to                2012, p. 116). Along with this warming,
                                              and WBCA all provide protection to                      survive, could be well-equipped to                    there has been an increased frequency of
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                                              scarlet-chested parrots that minimize or                continue to exist into the future.                    hot days and nights, and a decrease in
                                              eliminate threats from trade to the                        We considered specific potential                   cold days and nights (Deo 2011 as cited
                                              species independently of the listing of                 stressors that may affect or exacerbate               in Bradshaw 2012, p. 116). Rainfall
                                              the species under the Act. Thus, we do                  rarity or small population size for the               patterns have shifted over this period,
                                              not expect declines in the species due                  scarlet-chested parrot. Although low                  with decreased rainfall in the
                                              to the removal of the protections of the                genetic diversity could occur with some               southeastern and southwestern regions
                                              Act. As discussed under the other                       small populations, the scarlet-chested                and increases in the northwest (Nicholls


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                                              16530             Federal Register / Vol. 82, No. 64 / Wednesday, April 5, 2017 / Rules and Regulations

                                              and Lavery 1992 as cited in Bradshaw                    2003, p. 424). Similarly, a summary of                model does well to incorporate species-
                                              2012, p. 116). An increase in annual                    climate projections for areas within the              specific traits, it also includes a number
                                              total rainfall of approximately 15                      known range of the scarlet-chested                    of uncertainties that may limit its
                                              percent was experienced in New South                    parrot includes: (1) Temperature                      predictive power (Garnett et al. 2013,
                                              Wales, Victoria, South Australia, and                   increase of 1–5 °C (1.8–9 °F) with most               pp. 76–77). Basic model assumptions
                                              the Northern Territory, with little                     warming in the dry interior (Stokes et al.            such as that trends into the future will
                                              change in the other states (Hughes 2003,                2008, p. 41); (2) increases in the                    follow simple linear extrapolations of
                                              p. 424). In eastern Australia, since 1973,              frequency of hot days and warm nights                 existing relationships, and assumptions
                                              drought periods are becoming hotter                     (Stokes et al. 2008, p. 41); (3) a large              regarding (scaled down) projected
                                              (Nicholls 2004 as cited in Bradshaw                     range of uncertainty for rainfall, but                climate change itself, may limit its
                                              2012, p. 116).                                          (using median rainfall) a general pattern             accuracy (Garnett et al. 2013, pp. 76–
                                                 Climate change projections for                       of drying, with less rain in the spring               77). Given the variability in the existing
                                              Australia show significant vulnerability                and winter in the south, and increased                climate and uncertainties in modelling,
                                              to changes in temperature and rainfall.                 intensity of rain, particularly in the                it can be concluded that climate change
                                              The IPCC Fourth Assessment Report                       north (Stokes et al. 2008, p. 41); and (4)            does not pose a substantial threat to the
                                              identified agriculture and natural                      increased frequency and intensity of                  species in the next 50 years based on
                                              resources as two key sectors likely to be               drought (up to 40 percent in eastern                  current knowledge (Garnett in litt.
                                              strongly affected (Stokes et al. 2008, p.               areas and 80 percent in the southwest                 2016a).
                                              41). Temperatures in Australia are                      by 2070) (Stokes et al. 2008, p. 41).                    The scarlet-chested parrot has evolved
                                              projected to increase by 1–5 °C (1.8–9                     Habitats used by the scarlet-chested               in a landscape where environmental
                                              °F), depending on location and the                      parrot will respond differently to                    conditions are dynamic, and its
                                              emissions scenarios. The most warming                   projected warmer and drier conditions                 nomadic strategies may help it to
                                              is projected for the dry interior of the                and the variable rain predictions.                    recover from periods of range
                                              continent, particularly for the northwest               Habitats such as woodland areas used                  contraction and low numbers (Runge et
                                              (Stokes et al. 2008, p. 41).                            by the scarlet-chested parrot that do not             al. 2014, pp. 870, 874), but too rapid an
                                              Accompanying these temperature                          receive adequate rain to produce needed               environmental change (e.g., from
                                              increases will be an increase in the                    fuels may actually see a decrease in fire             climate change effects) may outpace the
                                              frequency of hot days and warm nights                   frequency (Bradstock 2010, p. 145).                   species’ abilities to respond to spatial
                                              (Stokes et al. 2008, p. 41).                            However, fire frequency is likely to                  and temporal shifts (Runge et al. 2014,
                                                 Rainfall projections for Australia are               increase in areas with ample fuel and                 pp. 870, 874).
                                              less reliable with some dryer and wetter                connectivity, such as hummock grasses                    In summary, effects from past and
                                              trends predicted within a large range of                interspersed with shrubs including                    predicted climate change are difficult to
                                              uncertainty (Stokes et al. 2008, p. 41).                mallee shrubland (Garnett et al. 2013a,               assess for the scarlet-chested parrot.
                                              Projections focusing on median rainfall                 p. 16).                                               Because it is adapted to dry habitat, the
                                              show a general pattern of drying across                    Although there is still some                       parrot would likely fare better than
                                              the continent, with the strongest drying                variability in climate change predictions             more water-dependent birds in times of
                                              trends in the southwest and the weakest                 for Australia, the increased warming                  drought. However, within areas of
                                              in the east (Stokes et al. 2008, p. 41).                and frequency and/or intensity of                     increased rainfall, vegetation shifts may
                                              Seasonal rainfall is expected to be                     droughts are of concern for the scarlet-
                                                                                                                                                            occur, fuel loads and wildfire risk may
                                              reduced in winter and spring in the                     chested parrot and its habitats; however,
                                                                                                                                                            be altered, and competition with water-
                                              south. Rainfall intensity is expected to                the information at this time is too
                                                                                                                                                            dependent species may increase.
                                              increase in most of the country,                        speculative for us to draw conclusions
                                                                                                                                                            Although long-term range contraction
                                              particularly in the north (Stokes et al.                as to the scale and timing of any effects.
                                                                                                                                                            was indicated in the climate-change-
                                              2008, p. 41). Frequency in the incidence                Two recent studies analyzed the
                                                                                                                                                            adaptation model (Garnett et al. 2013b,
                                              of drought is also expected to increase—                capacity of woodland birds in dry
                                                                                                                                                            interactive model results), there are
                                              with up to 40 percent more droughts                     woodlands and riparian areas in
                                                                                                                                                            uncertainties in the model and
                                              predicted for eastern Australia and 80                  southeastern Australia to resist the
                                                                                                                                                            variability in the climate data on which
                                              percent more droughts in the southwest                  pressures of extended drought and then
                                                                                                      recover once drought conditions abated                it relies. Due to species’ adaptability to
                                              by 2070 (Stokes et al. 2008, p. 41).
                                                                                                      (Selwood et al. 2015, entire; Bennet et               arid landscapes and ability to travel
                                              Climate Change and the Scarlet-Chested                                                                        great distances, climate change is not
                                                                                                      al. 2014, entire). Overall, these studies
                                              Parrot                                                                                                        likely to be a major stressor for the
                                                                                                      indicated long-term decline in the face
                                                 Based on the information for Australia               of more frequent and extended droughts                scarlet-chested parrot, within the next
                                              above, climate patterns over the last                   in southeastern Australia (Selwood et                 50 years.
                                              century within the known range of the                   al. 2015, entire; Bennet et al. 2014,                 Turquoise Parrot
                                              scarlet-chested parrot included: (1)                    entire).
                                              Increased average temperature of 1.0 °C                    A recent climate-change-adaptation                 Summary of Status Review
                                              (1.8 °F) (Nicholls 2006 as cited in                     model using a ‘‘Business as Usual’’                     Taxonomy—Please see Taxonomy
                                              Bradshaw 2012, p. 116); (2) increased                   projection (i.e., the ‘‘worst-case’’                  section above, which includes
                                              frequency of hot days and warm nights                   scenario with increasing greenhouse                   taxonomy for both the scarlet-chested
                                              (Deo 2011 as cited in Bradshaw 2012, p.                 gasses through time), predicted that the              and turquoise parrots.
                                              116); (3) decreased rainfall in the                     distribution of climate, similar to that
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                                              southeastern and southwestern regions                   currently used by the species, may                    Species Description
                                              (Nicholls and Lavery 1992 as cited in                   contract to approximately one third of                  The turquoise parrot is a relatively
                                              Bradshaw 2012, p. 116); and (4)                         its current range by 2085, shifting                   small, colorful parrot found in eastern
                                              increased annual total rainfall of                      suitable habitat to more southerly                    and southeastern Australia. Adult size is
                                              approximately 15 percent in South                       portions of Western Australia and South               approximately 20–22 cm (7.9–8.7 in) in
                                              Australia, New South Wales, the                         Australia (Garnett et al. 2013b,                      length (Higgins 1999, p. 573). Adult
                                              Northern Territory and Victoria (Hughes                 interactive model results). Although the              coloration is primarily bright green


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                                                                Federal Register / Vol. 82, No. 64 / Wednesday, April 5, 2017 / Rules and Regulations                                         16531

                                              above with bright yellow below, with a                  Introduced non-native pasture species                 productivity is estimated at 2.8 young
                                              bright blue face and shoulder patch.                    are usually grasses, in combination with              per successful nest (NSW 2009,
                                              Males are distinguished from females by                 legumes. In a study of the species near               unpaginated).
                                              a small red shoulder band or patch and                  Chiltern, a town bordering the hill
                                                                                                                                                            Distribution
                                              more blue on the face; the red shoulder                 country in northeast Victoria, almost all
                                              patch and blue facial coloration of                     habitat types in forest and unimproved                   A little more than a century ago, the
                                              juvenile males is less extensive than                   pasture were potentially useful for                   turquoise parrot was common through
                                              that of adult males (BLA 2016b,                         feeding in at least one season. However,              many parts of eastern Australia, ranging
                                              unpaginated; NSW 2014b & 2009,                          use of highly improved pasture and                    from eastern Queensland to south-
                                              unpaginated; Higgins 1999, p. 573; Quin                 cropped land was rare (Quin and Baker-                central Victoria (Higgins 1999, p. 575;
                                              and Baker-Gabb 1993, p. 3; Jarman 1973,                 Gabb 1993, p. 15).                                    Jarman 1973, p. 239), though it is
                                              p. 240).                                                   The turquoise parrot is usually seen               unknown whether the historical range
                                                                                                      in pairs, in small groups, or, in flocks of           was continuous (Jarman 1973, p. 240).
                                              Biology                                                 up to 30 birds (NSW 2014b,                            Between 1880 and 1920, the species
                                                 The turquoise parrot occurs in many                  unpaginated; Higgins 1999, p. 574; Quin               went through a major population crash
                                              parts of eastern and southeastern                       and Baker-Gabb 1993, p. 16). Rarer                    with associated contractions in its range
                                              Australia, particularly the foothills of                sightings of larger flocks of 100 to 200              (Quin and Reid 1966, p. 250; see below).
                                              the Great Dividing Range (NSW 2009,                     birds have also been reported (Higgins                   Although the turquoise parrot is still
                                              unpaginated; Garnett and Crowley                        1999, p. 574; Quin and Baker-Gabb                     not found in central Queensland, it is
                                              2000b, p. 345; Juniper and Parr 1988, p.                1993, p. 16).The species is described as              now distributed through much of its
                                              365). Typical habitat is hill country                   mainly sedentary or resident with some                former range, from southeastern
                                              including woodlands, open forest, and                   post-breeding movement from                           Queensland through eastern New South
                                              timbered grasslands (Collar 2016b,                      woodland to pastures (Juniper and Parr                Wales and into Victoria (west to
                                              unpaginated; Forshaw 1989, p. 286).                     1998, p. 366), and some sporadic local                Bendigo, Victoria) (del Hoyo et al. 1997,
                                              Within this habitat, the parrot prefers                 movement, likely related to rainfall (del             p. 383; Juniper and Parr 1989, pp. 365–
                                              the transition zones between open and                   Hoyo et al. 1997, p. 383). The turquoise              366). The species’ distribution is not
                                              closed areas, such as the edges of                      parrot disperses mostly less than 10                  continuous but rather occurs in patches
                                              woodland adjoining grasslands and tree-                 kilometers (km) (6.2 miles (mi)), using               of suitable habitat throughout this
                                              lined creeks (Collar 2016, unpaginated;                 the protection of treed corridors for                 broader range (Tzaros 2016,
                                              Forshaw 1989, p. 286).                                  dispersal (NSW 2009, unpaginated). The                unpaginated; Forshaw 1989, p. 286).
                                                 The turquoise parrot tends to feed on                turquoise parrot reaches maturity at                  Based on distribution and density
                                              or near the ground (BLA 2016b,                          about 3 years of age (Garnett and                     information (Barret et al. 2003 as cited
                                              unpaginated; Higgins 1999b, p. 574;                     Crowley 2000b, p. 345).                               in NSW 2009, unpaginated), about 90
                                              Quin and Reid 1996, p. 250), usually                       The species breeds in pairs primarily              percent of the population is thought to
                                              under the cover of trees (NSW 2014b,                    from August to January with some                      occur in New South Wales (NSW 2009,
                                              unpaginated; Higgins 1999b, p. 574).                    nesting noted in February, and even                   unpaginated).
                                              The species also feeds in farmland,                     from April to May (Collar 2016b,                         The reasons for the turquoise parrot
                                              mainly pasture with remnant trees                       unpaginated; Quin in litt. 2016; Juniper              population crash between 1880 and
                                              (Higgins 1999, p. 574). The turquoise                   and Parr 1988, p. 366; del Hoyo et al.                1920 are not fully understood. Likely
                                              parrot must have access to drinking                     1997, p. 383). Four to five eggs, and less            contributing factors included: (1)
                                              water (Jarman 1973, p. 239), and its                    commonly, six or seven eggs, are laid in              Habitat loss from European settlement,
                                              habitat usually receives more than 38                   hollows of trees, stumps, fallen logs, or             including competition for food (grasses)
                                              cm (15 in) of annual rainfall (Jarman                   even fence posts (Collar 2016b,                       from grazing livestock and rabbits, (2)
                                              1973, p. 240). The species feeds on a                   unpaginated; Quin in litt. 2016; Garnett              an intense period of drought from 1895
                                              generalized diet of seeds from grasses,                 and Crowley 2000b, p. 345; del Hoyo et                to 1902, and (3) trapping for the pet
                                              herbaceous plants, and shrubs; it also                  al. 1997, p. 383; Quin and Baker-Gabb                 trade (Tzaros 2016, unpaginated; del
                                              feeds on flowers, nectar, fruit, leaves,                1993, p. 9; Forshaw 1989, p. 286;                     Hoyo 1997, p. 383; Juniper and Parr
                                              and scale-insects (NSW 2009,                            Juniper and Parr 1988, p. 366; Jarman,                1989, p. 365). Some have also suggested
                                              unpaginated; Quin and Baker-Gabb                        1973, p. 241), often within                           that disease may have played a role
                                              1993, p. 15). Turquoise parrots can                     approximately 1–2 meters (m) (3–6 feet                because of the steep decline in numbers
                                              exploit disturbed environments and use                  (ft)) of the ground (NSW 2009,                        (Collar 2016b, unpaginated, Tzaros
                                              a variety of colonizing plants as food                  unpaginated; Quin and Baker-Gabb                      2016, unpaginated; Quin and Baker-
                                              sources (Quin and Baker-Gabb 1993, p.                   1993, p. 9). The female incubates the                 Gabb 1993, p. 3; Morse and Sullivan
                                              27). The turquoise parrot eats from both                eggs and is fed by the male during                    1930, p. 289), but there is no evidence
                                              native and non-native plants, and                       incubation; both parents rear the chicks              that disease was a factor. Other potential
                                              researchers credit its ability to partially             (BLA 2016b, unpaginated). In some                     factors were predation by the non-native
                                              adapt to modified habitats as                           areas, the species will have two clutches             European red fox (Vulpes vulpes) and
                                              contributing to its recovery (Quin 1990                 per year (BLA 2016b, unpaginated; NSW                 feral cats (Felis catus) and
                                              as cited in Quin and Reid 1996, p. 253).                2009, unpaginated; Juniper and Parr                   indiscriminate shooting (Tzaros 2016,
                                                 Type and quality of the pasture land                 1998, p. 366). Incubation lasts about 18–             unpaginated).
                                              used for food is important. Although the                20 days, followed by a nestling period                   The return of the turquoise parrot to
                                              species can use partially modified                      of about 30 days (NSW 2009,                           portions of its former range was
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                                              habitats, use of highly modified                        unpaginated; Juniper and Parr 1998, p.                reported by the 1930s and 1940s (BLA
                                              habitats, such as ‘‘highly improved’’                   366; del Hoyo et al. 1997, p. 383). After             2016b, unpaginated; Higgins 1999, p.
                                              pasture, is less likely. Improved                       fledging, juveniles remain dependent on               575), though it did not reappear in
                                              pastures, in general, are sown with a                   their parents for at least 1 week, and                Victoria until the 1950s (Tzaros 2016,
                                              proportion of non-native plant species                  continue to be fed by the male while the              unpaginated). By the time we listed the
                                              to promote productive growth of both                    female begins a second clutch (NSW                    species as endangered under the Act in
                                              the pasture and grazing animals.                        2009, unpaginated). Breeding                          1970, recovery was continuing and the


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                                              16532             Federal Register / Vol. 82, No. 64 / Wednesday, April 5, 2017 / Rules and Regulations

                                              parrot was generally considered rare                    because it was never nominated for                    to both the scarlet-chested and turquoise
                                              (Smith 1978 and IUCN 1966 & 1981 as                     consideration, or if it was nominated, it             parrots, we discuss potential effects to
                                              cited in Quin and Baker-Gabb 1993, p.                   was found ineligible by a rigorous                    both parrot species in the section for the
                                              3). Further recovery during the 1970s                   scientific assessment of the species’                 scarlet-chested parrot for the sake of
                                              and 1980s was, in part, attributed to the               threat status (Australian DEE 2017b,                  efficiency.
                                              removal of livestock from reserve lands                 unpaginated).                                            Land clearing—See Land clearing in
                                              in northeastern Victoria (Quin and                         Additionally, the 2000 Action Plan for             Australia under Factors Affecting the
                                              Baker-Gabb 1993, p. 3). Increases in                    Australian Birds (Garnett and Crowley                 Scarlet-Chested Parrot, above.
                                              both numbers and range were apparent                    2000b, p. 345) listed it nationally as
                                                                                                                                                            Land Clearing and the Turquoise Parrot
                                              in Victoria by the mid to late 1980s,                   ‘‘Near Threatened,’’ but this designation
                                              though the species was still regarded as                was removed in the 2010 Action Plan                      Typical turquoise parrot habitat is hill
                                              rare (Traill 1988, p. 267). The global                  for Australian Birds, which noted that                country including woodlands, open
                                              population of turquoise parrots is                      the population was too large to be                    forest, and timbered grasslands (Collar
                                              currently estimated at 20,000                           considered ‘‘near threatened’’ and that               2016b, unpaginated; Forshaw 1989, p.
                                              individuals (BLI 2012b, p. 1; Garnet and                there was no evidence of a recent                     286). Since the 1970s, southeastern
                                              Crowley 2000b, p. 345; Juniper and Parr,                decline (Garnett et al. 2011, p. 429). As             Queensland and northern New South
                                              p. 366) and appears to be stable with                   such, there is no national recovery plan              Wales have experienced the greatest
                                              increases reported in some areas (BLI                   for the turquoise parrot, though                      rates of deforestation in Australia, and
                                              2016b, unpaginated; Garnett & Crowley                   recommended actions were outlined for                 Victoria is now the most deforested state
                                              2000b, p. 345).                                         the species in the 2000 Action Plan                   or territory in Australia (Bradshaw 2012,
                                                                                                      (Garnett and Crowley 2000b, p. 345).                  p. 109).
                                              Captive-Bred Specimens                                     At the state level, the species is                    Unlike New South Wales and
                                                 The turquoise parrot is bred in                      currently listed as ‘‘Rare’’ in                       Victoria, most of the land clearing in
                                              captivity for the pet trade with about                  Queensland under the Nature                           Queensland has occurred in the last 50
                                              8,000 held in captivity in Australia                    Conservation Act 1992 and                             years (Bradshaw 2012, p. 113; McAlpine
                                              (Juniper and Parr 1998, p. 366);                        ‘‘Threatened’’ in Victoria under the                  et al. 2009, p. 22) with high rates of
                                              estimates of the size of the captive                    Flora and Fauna Guarantee Act 1988                    vegetation loss in the last several
                                              population after the late 1990s could not               (FFG; FFG 2016, p. 3). It was                         decades (Lindenmayer and Burgman
                                              be found.                                               subsequently recommended for                          2005, p. 233). Clearing was
                                                                                                      downlisting to ‘‘Near Threatened’’ by an              predominantly in central and southern
                                              Conservation Status                                     FFG Scientific Advisory Committee in                  regions where native forests and
                                                 The turquoise parrot was listed in                   2013; however, it is still officially                 woodlands were converted for intensive
                                              CITES Appendix III in 1976, as part of                  ‘‘Threatened’’ in Victoria (Vic DSE 2013,             cropping and improved pastures for
                                              a listing for the Family Psittacidae, and               p. 13; NSW 2009, unpaginated). In 2009,               cattle (McAlpine et al. 2009, p. 23). In
                                              was later listed in Appendix II in 1981,                the New South Wales Scientific                        2004, Queensland enacted clearance
                                              along with all Psittaciformes (UNEP                     Committee determined that the                         restrictions to phase out broad-scale
                                              2011b, unpaginated; see Conservation                    turquoise parrot met criteria for listing             clearing by the end of 2006
                                              status for the scarlet-chested parrot                   as ‘‘Vulnerable’’ under the New South                 (Lindenmayer and Burgman 2005, p.
                                              above for more information on                           Wales Threatened Species Conservation                 233). As of 2014, about 8.16 percent of
                                              implications of listing in CITES                        Act 1995 (NSW 2009, unpaginated), and                 Queensland’s jurisdiction was in
                                              Appendix II).                                           this classification is still in place (BLA            protected areas (CAPAD 2014,
                                                 International Union for Conservation                 2016b, unpaginated).                                  unpaginated).
                                              of Nature and Natural Resources                            Additionally, portions of suitable                    Victoria is heavily cleared
                                              (IUCN)—The turquoise parrot was listed                  habitat for the turquoise parrot are                  (Lindenmayer 2007, as cited in
                                              on the International Union for                          protected. For example, about 8 percent               Bradshaw 2012, p. 114), having lost an
                                              Conservation of Nature and Natural                      of Queensland is now in the Natural                   estimated 66 percent of its native
                                              Resources (IUCN) Red List of                            Reserve System that includes                          vegetation (Victoria Department of
                                              Threatened and Endangered Species in                    government reserves, indigenous                       Sustainability and the Environment
                                              1988 as ‘‘Lower Risk’’ and transferred to               protected areas, private protected areas,             2011 as cited in Bradshaw 2012, pp.
                                              ‘‘Least Concern’’ in 2004; the status                   and jointly managed protected areas                   113–114). Most of the clearance
                                              remains at ‘‘Least Concern’’ (BLI 2012b,                (CAPAD 2014, unpaginated).                            occurred prior to the 1890s when the
                                              p. 1).                                                  Approximately 9 percent of New South                  wheat and livestock industries were
                                                                                                      Wales and 18 percent of Victoria are                  developing (Lindenmayer 2007, as cited
                                              Australia                                                                                                     in Bradshaw 2012, p. 114). Land
                                                                                                      also part of this Natural Reserve System
                                                Commercial exports of the turquoise                   (CAPAD 2014, unpaginated). Because                    clearance was estimated to have
                                              parrot from Australia have been                         we do not reliably know the degree to                 continued at a slow, steady rate of about
                                              prohibited since 1962; these                            which the Natural Reserve System                      1 percent per year until 1987, when
                                              prohibitions are now codified in                        protects the turquoise parrot and its                 anti-clearing legislation was introduced
                                              Australia’s EPBC Act. The turquoise                     habitat, we did not rely on these                     (Lindenmayer 2007, as cited in
                                              parrot is not included in the EPBC Act’s                protected areas in our determination of               Bradshaw 2012, p. 114). Despite this
                                              List of Threatened Fauna (Australian                    whether or not the parrot meets the                   legislation, proportional clearance rates
                                              DEE 2017a, unpaginated). Inclusion on                   definition of threatened or endangered.               from 1995–2005 remained high and
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                                              the EPBC Act’s List of Threatened Fauna                                                                       even increased near the end of this
                                              promotes recovery via: (1) Conservation                 Factors Affecting the Turquoise Parrot                decade (Bradshaw 2012, p. 114).
                                              advice, (2) recovery plans, and (3) the                   The following sections provide a                    Although Victoria is now the most
                                              EPBC Act’s assessment and approval                      summary of the past, current, and                     cleared of the three states, it also
                                              provisions (Australian DEE 2017b). The                  potential future stressors for the                    contains the highest proportion of
                                              turquoise parrot was not included on                    turquoise parrot and its habitats. In                 protected land. As of 2014, about 17.63
                                              the List of Threatened Fauna either                     cases where the stressors were common                 percent of Victoria’s jurisdiction was in


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                                                                Federal Register / Vol. 82, No. 64 / Wednesday, April 5, 2017 / Rules and Regulations                                        16533

                                              protected areas (CAPAD 2014,                            protection of nesting hollows is                      vulnerable to predation from introduced
                                              unpaginated).                                           particularly important.                               terrestrial predators such as feral cats
                                                 New South Wales was one of the first                    The advent of anti-clearing legislation            and European red foxes (Rowden pers.
                                              regions settled by Europeans and                        since approximately the 1990s                         comm. 2016; NSW 2014b and 2009,
                                              generally has a higher human                            (Bradshaw 2012, p. 116) and the                       unpaginated; Quin and Baker-Gabb
                                              population than other parts of Australia.               growing proportion of lands in                        1993, pp. 3, 26). Feral cat control and
                                              Most of the land clearing and damage to                 protected areas are positive signs for                feral predator control are identified
                                              forest ecosystems happened during the                   further turquoise parrot recovery, but                objectives in management plans for the
                                              nineteenth century (Bradshaw 2012, p.                   researchers caution that conservation                 turquoise parrot (NSW 2014b,
                                              112). More than 50 percent of the forest                efforts such as reforestation should be               unpaginated; Garnett and Crowley
                                              and woodland in New South Wales has                     carefully planned and implemented at                  2000b, p. 345; Quin and Baker-Gabb
                                              been cleared (Lunney 2004, Olsen et al.                 the local level. The turquoise parrot                 1993, p. 26). Both feral cats and foxes
                                              2005 and Johnson et al. 2007 as cited in                population has continued to recover                   were predators of the turquoise parrot at
                                              NSW 2009, unpaginated). As of 2014,                     since the historic crash and through                  Chiltern in Victoria in the 1980s (Quin
                                              about 9.10 percent of New South Wales’                  periods of subsequent deforestation,                  and Baker-Gabb 1993, p. 26), and more
                                              jurisdiction was in protected areas                     with no evidence of recent decline                    fox control was likely needed in the area
                                              (CAPAD 2014, unpaginated).                              (Garnett et al. 2011, p. 429). While                  at that time (Quin in litt. 2016).
                                                 Forest fragmentation as a result of                  habitat destruction and modification is               Additionally, the turquoise parrot and
                                              land clearing can also affect the                       a likely stressor for the turquoise parrot,           the scarlet-chested parrot were assessed
                                              turquoise parrot, which is mostly                       we do not consider it to be a major                   as ‘‘high risk’’ from these predators
                                              sedentary but capable of short-distance                 stressor to the species throughout its                within the rangeland environment in
                                              dispersal (generally less than 10 km (6.2               entire range now or in the foreseeable                the Western Division of New South
                                              mi)) along treed corridors) (NSW 2009,                  future.                                               Wales based on variables such as
                                              unpaginated; Quin and Baker-Gabb                                                                              predator density, body weight, habitat
                                                                                                      Removal From the Wild for Food                        use, and behavior (Dickman et al. 1996,
                                              1993, p. 16). Therefore, gaps between
                                              forest remnants may cause                                  About a century ago, turquoise parrots             p. 249). However, we could not find
                                              fragmentation of turquoise parrot                       were shot for food for pie-filling (BLA               recent information regarding the
                                              populations in heavily cleared                          2016b, unpaginated; Seth-Smith 1909 as                predation rate of feral cats or foxes on
                                              landscapes (NSW 2009, unpaginated).                     cited in Higgins 1999, p. 576) and, in                the turquoise parrot.
                                                                                                      some cases, were indiscriminately shot                   Foxes dig at active turquoise parrot
                                                 Altered fire regimes—see Fire in                                                                           nests and usually take the female and
                                              Australia under Factors Affecting the                   (Tzaros 2016, unpaginated). These are
                                                                                                      no longer reported as stressors for the               the nestlings, if they can be reached.
                                              Scarlet-Chested Parrot, above.                                                                                Some predation of turquoise parrots by
                                                                                                      turquoise parrot.
                                              Altered Fire Regimes and the Turquoise                     Illegal collection and trade—see                   foxes can be mitigated by physically
                                              Parrot                                                  Illegal collection and trade (for both                reinforcing degraded natural nest
                                                                                                      scarlet-chested and turquoise parrots)                hollows to avoid digging out of these
                                                 Prescribed fire and timber-cutting                                                                         nests by foxes (Quin and Baker-Gabb
                                              have negatively affected the turquoise                  under Factors Affecting the Scarlet-
                                                                                                      Chested Parrot, above.                                1993, p. 22). Similarly, placement of
                                              parrot and its habitat (NSW 2009,                                                                             artificial nesting material higher in the
                                              unpaginated). Both practices have the                   Levels of Legal International Trade (for              host tree can generally keep them out of
                                              potential to cause the loss of hollow-                  the Turquoise Parrot)                                 reach of foxes (Quin and Baker-Gabb
                                              bearing trees, which can be a limiting                     Between 1980 and 2014, there were                  1993, p. 22). There are ongoing efforts
                                              habitat feature for the turquoise parrot                very few wild turquoise parrots in trade.             to improve turquoise parrot nesting
                                              (NSW 2014b). Similarly, firewood                        There were 44,244 turquoise parrot                    habitat, particularly in Victoria (see
                                              collection and selective removal of dead                specimens exported in international                   Competition for nesting hollows, below).
                                              wood and dead trees reduce the                          trade (27,248 recorded imports). More
                                              availability of nest hollows (NSW                                                                             Competition for Nesting Hollows
                                                                                                      than 99 percent of these were captive-
                                              2014b, unpaginated; NSW 2009,                           bred live parrots (UNEP 2016b).                          Competition for suitable nest hollows
                                              unpaginated).                                              In summary, use as food and poaching               has the potential to limit reproductive
                                                 In summary, land clearing for                        for the pet trade were noted as stressors             success of the turquoise parrot by
                                              agriculture in combination with other                   in the past. Presently, poaching may be               limiting the number of pairs that can
                                              stressors (i.e., drought, trapping) was                 occurring at a low level that is not likely           breed, or by causing nest mortality as a
                                              likely a significant cause of the                       to affect wild populations. We are not                result of competitive interactions. All
                                              population crash between 1880 and                       aware of any information indicating that              but four species of Australian parrots
                                              1920. While most of the land clearing                   overutilization for recreational,                     are dependent on tree hollows for
                                              occurred in the late 18th and the early                 scientific, or educational purposes are               nesting (Forshaw 1990, p. 58).
                                              19th centuries, more recent forest                      current stressors to the turquoise parrot.            Competition for nest hollows (both
                                              clearance rates are of concern for the                     Disease—See Disease (for scarlet-                  intraspecific and interspecific) was
                                              three states that support the turquoise                 chested and turquoise parrots) under                  noted at Chiltern in Victoria, where
                                              parrot. Forest fragmentation as a result                Factors Affecting the Scarlet-Chested                 limited nest hollows likely limited
                                              of clearing has the potential to isolate                Parrot, above.                                        reproductive success of the turquoise
                                              turquoise parrot populations, which are                    Predation—See Predation from non-                  parrot (Quin and Baker-Gabb 1993, p.
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                                              mostly sedentary but capable of short-                  native cats and foxes in Australia under              12). National legislation, policy, and
                                              distance dispersal (and population                      Factors Affecting the Scarlet-Chested                 strategic management plans are in place
                                              expansion) along treed corridors.                       Parrot, above.                                        to protect hollow-bearing trees in
                                              Management actions such as prescribed                                                                         Australia; however, prioritization and
                                              fire, selective logging, and reforestation              Predation and the Turquoise Parrot                    implementation of actions at the local
                                              should be carefully applied and adapted                   The turquoise parrot nests in tree                  level may be limited or lacking (Treby
                                              to benefit parrot habitat. Managing for                 hollows close to the ground, making it                et al. 2014, entire).


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                                              16534             Federal Register / Vol. 82, No. 64 / Wednesday, April 5, 2017 / Rules and Regulations

                                                Placing artificial nest hollows in areas              understood but are assumed to be much                 Lavery 1992 as cited in Bradshaw 2012,
                                              that appear to be nest-hollow limited                   less than they were a century ago.                    p. 116); and (4) increased annual total
                                              seems to be successful, and programs                       In summary, disease, predation, and                rainfall of approximately 15 percent in
                                              that construct and strategically place                  competition are all potential stressors               New South Wales and Victoria (Hughes
                                              artificial nests are supported at the State             for the turquoise parrot. Although PBFD               2003, p. 424). Similarly, a summary of
                                              level and appear to be ongoing. For                     has not been confirmed in the turquoise               climate projections for areas within the
                                              example, early experimental efforts to                  parrot, it is likely susceptible to the               known range of the turquoise parrot
                                              hollow-out naturally occurring stumps                   disease at some level. We are not aware               includes: (1) Temperature increase of 1–
                                              in the Warby Ranges (in Victoria, near                  of other diseases or pathogens that affect            5 °C (1.8–9 °F) (Stokes et al. 2008, p.
                                              Chiltern) were successful but ended in                  the wild population. Predation and                    41); (2) increases in the frequency of hot
                                              the 1990s (Tzaros 2016, unpaginated). In                competition may be occurring at low                   days and warm nights (Stokes et al.
                                              2010, Monash University researchers                     levels, but there are active plans in                 2008, p. 41); (3) a large range of
                                              placed artificial nests around the                      place to control feral cats, foxes, and               uncertainty for rainfall, but (using
                                              Warby-Ovens State Park (also near                       rabbits. Use of artificial nests may be               median rainfall) a general pattern of
                                              Chiltern), and the hollows were readily                 helping to mitigate fox predation and                 drying, with less rain in the spring and
                                              occupied by turquoise parrots (Tzaros                   competition for nest hollows where this               winter in the south, and increased
                                              2016, unpaginated). More recent efforts                 is a limiting habitat feature. While                  intensity of rain (Stokes et al. 2008, p.
                                              to improve habitat for turquoise parrots                disease, predation, and competition may               41); and (4) increased frequency and
                                              include those of two land-care networks                 be affecting the turquoise parrot at low              intensity of drought (up to 40 percent in
                                              in northeastern Victoria. The Broken                    levels, they do not appear to be                      eastern areas by 2070) (Stokes et al.
                                              Boosey Conservation Management                          significant stressors to the species                  2008, p. 41).
                                              Network has made and installed 200                      because populations of the turquoise                     Climate change is projected to affect
                                              potential nest sites for the species                    parrot are stable with an estimated                   pasture habitat used by the turquoise
                                              (Tzaros 2016, unpaginated), and the                     20,000 individuals and may be                         parrot. Rainfall is expected to be the
                                              Ovens Land-care Network received a                      increasing in some areas.                             dominant influence on pasture growth;
                                              $4,600 AUS ($3,525 US) grant that aims                     Existing regulatory mechanisms—see                 fewer, more intense rain events are
                                              to raise awareness of the increasing risk               Existing regulatory mechanisms (for                   anticipated as well as (from year to year)
                                              to hollow-dependent species by the                      both scarlet-chested and turquoise                    more frequent droughts (Stokes et al.
                                              non-native Indian (common) myna bird                    parrots) under Factors Affecting the                  2008, p. 41). Increased temperatures
                                              (Acridotheres tristis) (Quin in litt. 2016;             Scarlet-Chested Parrot, above.                        could benefit pasture growth and
                                              Tzaros 2016, unpaginated).                                 In this section, we reviewed the                   growing seasons in the cooler southern
                                                                                                      existing regulatory mechanisms                        climates, but depletion of moisture in
                                              Competition for Food                                    governing collection and trade of wild                the soil due to this growth might
                                                 Grazing by livestock can directly                    turquoise parrots. As described above,                adversely affect spring pasture growth
                                              affect available food resources for the                 the EPBC Act (which controls                          (Stokes et al. 2008, p. 41).
                                              turquoise parrot (NSW 2009,                             commercial export), the Lacey Act,                       Increases in carbon dioxide (CO2) will
                                              unpaginated). As livestock grazing                      CITES, and the WBCA all provide                       affect rangeland function, with a
                                              ended in some protected areas of                        protection to turquoies parrots that                  projected increase in pasture production
                                              Victoria, numbers of turquoise parrots                  minimize or eliminate threats from trade              but potential loss in forage quality (e.g.,
                                              in those areas increased (Quin and                      to the species. As discussed under the                declines in forage protein content)
                                              Baker-Gabb 1993, p. 7; Juniper and Parr                 other sections in Factors Affecting the               (Stokes et al. 2008, p. 42). Fire danger
                                              1989, p. 366; Forshaw 1989, p. 286),                    Turquoise Parrot, we do not find major                will increase over much of Australia
                                              indicating that a reduction in grazing                  stressors adversely affecting the species             (Hughes 2003, p. 427). Increased pasture
                                              may benefit the species’ recovery.                      or its habitat. Thus, it is reasonable to             growth will produce heavier fuel loads
                                                 Competition for food by grazing                      conclude that the regulating                          (Stokes et al. 2008, p. 42; Hughes 2003,
                                              sheep, cattle, and European wild rabbits                mechanisms addressing these potential                 p. 427). The risk of wildfires could
                                              (Oryctolagus cuniculus) was noted as a                  stressors are adequate at protecting the              increase and make prescribed burns
                                              possible contributing factor in the crash               species at a domestic and global level.               more difficult to manage (Stokes et al.
                                              of the turquoise parrot population                         Climate change—see Global climate                  2008, p. 42).
                                              between 1880 and 1920 (Collar 2016b,                    change and Climate change in Australia                   Projections for more droughts could
                                              unpaginated, Quin and Baker-Gabb                        under Factors Affecting the Scarlet-                  also negatively affect the turquoise
                                              1993, p. 3). Around the time of the                     Chested Parrot, above.                                parrot. A recent study analyzed the
                                              parrot’s population crash, rabbit                                                                             capacity of woodland bird species in
                                              numbers swelled to plague proportions,                  Climate Change and the Turquoise                      north-central Victoria to resist the
                                              forcing some farmers out of business                    Parrot                                                pressures of extended drought (i.e., the
                                              (Tzaros 2016, unpaginated). Turquoise                      Based on the information presented in              13-year ‘‘Millennium drought’’ or the
                                              parrot habitat and food sources were                    Climate change in Australia above, a                  ‘‘Big Dry’’) and then recover once
                                              undoubtedly adversely affected by this                  summary of climate patterns over the                  drought conditions abated (i.e., the 2-
                                              plague, but the degree to which they                    last century, within the known range of               year ‘‘Big Wet’’) (Bennet et al. 2014,
                                              were affected is unknown. Application                   the turquoise parrot includes: (1)                    entire). Results indicated a substantial
                                              of Myxomatosis, a disease that is spread                Increased average temperature of 1.0 °C               decline (42–62 percent) in the reporting
                                              by mosquitoes and affects only rabbits,                 (1.8 °F) with pronounced and rapid                    rates of bird species between the early
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                                              has succeeded in keeping rabbit                         warming in eastern Australia since the                and late surveys in the Big Dry (Bennet
                                              numbers at approximately 5 percent                      1950s (Nicholls 2006 as cited in                      et al. 2014, pp. 1321, 1326).
                                              their former high abundance in wetter                   Bradshaw 2012, p. 116); (2) increased                    Additionally, a recent climate-change-
                                              areas (Australian DSEWP&C 2011,                         frequency of hot days and warm nights                 adaptation model using a ‘‘Business as
                                              unpaginated). Current rates of                          (Deo 2011 as cited in Bradshaw 2012, p.               Usual’’ projection (i.e., the ‘‘worst-case’’
                                              competition between rabbits and                         116); (3) decreased rainfall in the                   scenario with increasing greenhouse
                                              turquoise parrots for food are not well                 southeastern regions (Nicholls and                    gasses through time), predicted that the


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                                                                Federal Register / Vol. 82, No. 64 / Wednesday, April 5, 2017 / Rules and Regulations                                         16535

                                              distribution of climate, similar to that                currently mostly speculative, and we                  scarlet-chested parrot. They relayed that
                                              currently used by the species, may                      cannot conclude that climate change is                there is new information that altered fire
                                              contract by approximately one half to                   significant enough to result in the                   regimes affect mallee shrublands used
                                              the southern part of its current range                  species being in danger of extinction in              by the species and shared relevant
                                              (i.e., dropping out of Queensland but                   the foreseeable future.                               literature.
                                              remaining in portions of New South                                                                               Our Response: Based on these peer
                                                                                                      Summary of Comments and                               reviewers’ comments and the
                                              Wales and Victoria) by 2085 (Garnett et
                                                                                                      Recommendations                                       information provided, we updated the
                                              al. 2013c, interactive model results).
                                              Although the model does well to                           We reviewed all comments we                         Altered fire regimes sections in the
                                              incorporate species-specific traits, it                 received from the public and peer                     scarlet-chested parrot status review and
                                              also includes a number of uncertainties                 reviewers for substantive issues and                  this final rule.
                                              that may limit its predictive power                     new information. All substantive                         Comment: One peer reviewer noted
                                              (Garnett et al. 2013, pp. 76–77). Basic                 information was incorporated into the                 that the scarlet-chested parrots observed
                                              model assumptions such as that trends                   status reviews for each species and into              at Gluepot Reserve may not actually be
                                              into the future will follow simple linear               this final rule, as appropriate. The                  a resident population. Additionally, the
                                              extrapolations of existing relationships,               following section summarizes issues                   same reviewer commented that, while
                                              and assumptions regarding (scaled                       and information we consider to be                     the overlap of Bourke’s parrot with the
                                              down) projected climate change itself,                  substantive from peer review and public               scarlet-chested parrot is considerable,
                                              may limit its accuracy (Garnett et al.                  comments, and provides our responses.                 the scarlet-chested parrot tends to be
                                              2013, pp. 76–77). Although there is                                                                           found at greater distances than the
                                                                                                      Peer Reviewer Comments
                                              much uncertainty in these trends (given                                                                       Bourke’s parrot from the pastoral
                                              the variability in the existing climate                    In accordance with our peer review                 (better-watered) country.
                                              and uncertainties in modeling), effects                 policy published on July 1, 1994 (59 FR                  Our Response: We changed the text in
                                              from climate change may rise to the                     34270), we solicited expert opinion                   the scarlet-chested parrot status review
                                              level of a stressor in the next 50 years                from knowledgeable individuals with                   to reflect: (1) Uncertainty regarding
                                              based on our current knowledge                          scientific expertise that included                    whether or not the scarlet-chested
                                              (Garnett in litt. 2016b).                               familiarity with the scarlet-chested                  parrots at Gluepot are resident; and (2)
                                                 Potential responses and adaptability                 parrot and the turquoise parrot and their             that the scarlet-chested parrot tends to
                                              of the parrot to the projected effects                  habitats, biological needs, and threats.              be found at greater distances than the
                                              from climate change are difficult to                    In all, we contacted eight individuals                Bourke’s parrot from the better-watered,
                                              predict. Since the parrot is mainly                     seeking peer review for the scarlet-                  pastoral areas.
                                              resident, it is not known if it would                   chested parrot and five individuals for                  Comment: One peer reviewer noted
                                              relocate if local conditions degrade (e.g.,             the turquoise parrot. We found that                   that the climate change section in our
                                              drought); however, one group of                         there were a limited number of                        status review for the scarlet-chested
                                              turquoise parrots did move into an area                 individuals who had worked with these                 parrot contained outdated information
                                              of central Victoria during the mid-                     parrot species because: (1) They are not              and shared relevant literature. The same
                                              1990s, probably in response to drought                  listed species in Australia and thus have             peer reviewer referred us to two
                                              conditions elsewhere at this time (del                  not been the subject of many dedicated                publications that examine the capacity
                                              Hoyo, p. 383; Quin and Reid 1996, p.                    studies, and (2) scarlet-chested parrots              of woodland birds (in dry woodlands
                                              250).                                                   are often difficult to find and study due             and riparian areas in southeastern
                                                 In summary, other than the projected                 to their nomadic behavior and irruptive               Australia) to resist the pressures of
                                              increases in temperature and CO2 levels,                species population ecology.                           drought and then recover once drought
                                              there is a relatively high level of                        We received responses from three                   conditions are lifted. He suggested that
                                              uncertainty associated with other                       peer reviewers for the scarlet-chested                these publications indicate a trend for
                                              projected climate change variables                      parrot and two peer reviewers for the                 long-term decline in the face of more
                                              (particularly patterns of rainfall) for                 turquoise parrot. We reviewed all the                 frequent and extended droughts in
                                              Australia and across the occupied range                 peer reviewers’ comments for                          southern Australia as predicted by
                                              of the turquoise parrot. These                          substantive issues and information                    recent climate modelling. A second peer
                                              uncertainties are a component of the                    regarding the status of and threats to                reviewer referred us to a recent
                                              climate-change-adaptation model for the                 these species. The peer reviewers                     publication and interactive model that
                                              turquoise parrot. Climate distribution                  generally concurred with our summaries                allowed us to project potential future
                                              modeling and a study of declines in                     and conclusions regarding these species               reductions in ‘‘climate space’’ for both
                                              woodland birds over a recent and                        and provided additional information,                  the scarlet-chested parrot and the
                                              extended drought period indicate that                   clarifications, and suggestions. We                   turquoise parrot.
                                              effects from climate change have the                    incorporated all peer reviewer                           Our Response: We reviewed the
                                              potential to become a stressor for parrots              information into the status reviews for               information provided and updated our
                                              in the next 50 years (Bennet et al. 2014,               each species, and the majority of the                 evaluation of climate change as a
                                              pp. 1321, 1326; Garnett et al. 2013c,                   information provided in the peer review               stressor to the scarlet-chested parrot and
                                              interactive model results). However, we                 is also incorporated into this final rule,            its habitat. Further, in our review of the
                                              found no information indicating that                    where appropriate. Status reviews and                 new material, we found that one of the
                                              climate change is currently affecting the               peer reviewer comments for the scarlet-               publications was also helpful in
                                              turquoise parrot specifically, coupled                  chested and turquoise parrot are                      assessing extended drought as a
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                                              with the fact that it has shown some                    available on the Internet at http://                  potential stressor to the turquoise
                                              adaptability to drought conditions in the               www.regulations.gov as supporting                     parrot. Therefore, we updated the
                                              past. Stress to the species from climate                documentation for Docket No. FWS–                     Climate Change sections for both the
                                              change will likely occur within the next                HQ–ES–2015–0176.                                      scarlet-chested and turquoise parrots in
                                              50 years, but climate change variables in                  Comment: Two peer reviewers                        both status reviews and this final rule.
                                              the area occupied by the parrot and the                 commented on our evaluation of the                       Comment: One peer reviewer noted
                                              parrot’s response to these variables are                effects of altered fire regimes on the                that the percentages of protected lands


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                                              16536             Federal Register / Vol. 82, No. 64 / Wednesday, April 5, 2017 / Rules and Regulations

                                              for the scarlet-chested parrot were                     information available on these species                including, but not limited to: (1)
                                              outdated and did not reflect the large                  and their status and threats, in order to             Protected areas; (2) recent anti-clearing
                                              proportion that is Aboriginal-held land.                determine whether removing these                      legislation; (3) protections and
                                                Our Response: We found updated                        species from the List is warranted.                   initiatives for nest hollows; (4) non-
                                              information for proportions of protected                Comments summarized below are from                    native predator and competitor control
                                              land in the states and territories within               our reopening of the public comment                   programs (e.g., feral cats, red foxes,
                                              the range of both the scarlet-chested and               period in January 2016 (81 FR 3373).                  rabbits); and (5) programs for
                                              turquoise parrots and reflected these                      We received 18 public comments                     construction and placement of artificial
                                              updates in our estimates in both status                 relating to the proposed delisting of                 nest hollows for the turquoise parrot.
                                              reviews and this final rule.                            scarlet-chested and turquoise parakeets                  Comment: Two commenters
                                                Comment: One peer reviewer                            during the public comment period.                     expressed their view that our listing
                                              commented on distribution of the                        More detailed information about the                   proposal was procedurally invalid
                                              turquoise parrot, relaying that: (1) There              comments we received and our                          under the Act because finalizing a 12-
                                              are parts of the historical range in                    responses are below.                                  year-old proposed delisting rule violates
                                              Victoria where the species has not                         Comment: Several commenters noted                  section 4(b)(6) and section 4(c) of the
                                              returned, and (2) a small population of                 that the Act placed restrictions on trade             Act, which require that the Service
                                              the species occurs at Bunyip State Park                 in captive-bred individuals that have                 finalize any proposed rule within 1 year
                                              in West Gippsland, Victoria.                            limited imports into the United States                of publication of the proposed rule
                                                The same peer reviewer provided the                   and, by extension, the genetic diversity              unless narrow exceptions apply. These
                                              following observations regarding the                    of U.S. captive-bred populations.                     commenters opined that the Act
                                              population of turquoise parrots near                       Our Response: Although we                          requires the Service to withdraw the
                                              Chiltern in northeastern Victoria: (1)                  considered captive individuals in our                 proposed rule if those exceptions do not
                                              The numbers of turquoise parrots                        review of both the scarlet-chested and                apply.
                                              currently in this area appear                           turquoise parrots, these comments fall                   Our Response: We disagree. The
                                              significantly fewer than the numbers                    outside the scope of our analysis.                    Service’s proposal has not been
                                              that were there during the late 1980s to                Removal of the scarlet-chested and                    invalidated, and with this final rule, all
                                              the early 1990s; (2) the decrease in                    turquoise parakeets from the List will                procedural requirements under section
                                              numbers is likely due to a decrease in                  eliminate the need for an import permit               4(b) of the Act have been met. Further,
                                              grass abundance either from the                         under the Act. Trade in captive-bred                  consistent with our regulations at 50
                                              Millennium drought or an increase in                    scarlet-chested and turquoise parrots                 CFR 424.17(a)(1)(iii) and (a)(3), the Act
                                              herbivore abundance, or both; and (3)                   will still be regulated under CITES, and,             does not allow for withdrawal of a
                                              more fox control was likely needed in                   to date, import of captive-bred scarlet-              proposed listing determination solely
                                              this area in the late 1980s.                            chested and turquoise parrots into the                because of the passage of time; any
                                                Lastly, this peer reviewer provided                   United States is currently allowed under              withdrawal must be based upon a
                                              information on two ongoing land-care                    the WBCA Approved List (50 CFR                        finding that the available evidence does
                                              networks that are working to improve                    15.33) without requiring a permit.                    not justify the action proposed by the
                                              turquoise parrot habitat in northeastern                   Comment: Several commenters stated                 rule. Additionally, as explained above,
                                              Victoria and commented that more                        that more information is needed on the                the purpose of the scientific review
                                              intensive surveys are needed to                         status of populations, or that                        under section 4(c) of the Act is to ensure
                                              determine population size of the                        conservation measures were needed for                 that the List of Endangered and
                                              turquoise parrot in all the regions of                  these species before they can be                      Threatened Wildlife accurately reflects
                                              Victoria where the turquoise parrot is                  removed from the List.                                the most current status information for
                                              found.                                                     Our Response: We have reviewed the                 each listed species. In our 2000 review,
                                                Our Response: We added information                    status of and threats to both parrots, and            we requested comments and the most
                                              about turquoise parrots in Victoria to                  the best available scientific and                     current scientific or commercial
                                              the turquoise parrot status review and                  commercial information indicates that                 information available on these species,
                                              this final rule, where appropriate: (1)                 populations of the scarlet-chested parrot             and based on that review, we
                                              The decreases at Chiltern and likely                    presently appear to be stable, with no                reevaluated the listing of the scarlet-
                                              causes; (2) the small population at                     evidence of decline in the last 20 years,             chested parrot and the turquoise parrot.
                                              Bunyip State Park; (3) the land-care                    and populations of the turquoise parrot                  On September 2, 2003, we published
                                              networks; and (4) the recommendation                    are stable and may be increasing in                   our review of the status of these species
                                              for more extensive surveys.                             some areas. Populations of both parrots               and a proposed rule (68 FR 52169) to
                                                                                                      are doing well despite the stressors                  remove the scarlet-chested and
                                              Public Comments                                         noted in the Factors Affecting the                    turquoise parakeets from the List under
                                                We published a proposed rule to                       Scarlet-chested Parrot and Factors                    the Act because the endangered
                                              remove the scarlet-chested and                          Affecting the Turquoise Parrot sections,              designation no longer correctly reflected
                                              turquoise parakeets from the List on                    above. Although the scarlet-chested and               the current conservation status of these
                                              September 2, 2003 (68 FR 52169), and                    turquoise parrots are not included in the             birds, as the best available information
                                              we requested that all interested parties                EPBC Act’s List of Threatened Fauna,                  indicated that they had recovered. We
                                              submit written comments at that time.                   Australia prohibits exports of wild                   explained that our review of the best
                                              Additionally, because considerable time                 specimens of these species under the                  available information showed that the
                                              had passed since the 2003 proposal, we                  EPBC Act, and removal of these species                wild populations of these species were
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                                              published a reopening of the public                     from the wild is strictly controlled.                 stable with more than 20,000 turquoise
                                              comment period in January 2016, which                   Additionally, there are numerous                      parakeets and 10,000 scarlet-chested
                                              closed on February 22, 2016 (81 FR                      ongoing conservation efforts in                       parakeets found throughout their range.
                                              3373, January 21, 2016). We took this                   Australia by Federal and state                        Furthermore, trade in wild-caught
                                              action to ensure that we sought,                        governments, indigenous peoples, and                  specimens was strictly limited, and the
                                              received, and made our decision based                   private organizations and landowners                  species were protected through
                                              on the best scientific and commercial                   that likely benefit these species                     domestic regulation within the range


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                                                                Federal Register / Vol. 82, No. 64 / Wednesday, April 5, 2017 / Rules and Regulations                                        16537

                                              country (Australia), as well as through                 (Factor A); limited nest hollows (Factor              best available scientific and commercial
                                              additional national and international                   A); illegal collection and trade (Factor              data, that stressors are not likely to
                                              treaties and laws.                                      B); Psittacine beak and feather disease               increase such that they would cause
                                                 On January 21, 2016, because                         (Factor C); predation from non-native                 significant population declines within
                                              considerable time had passed since the                  species (Factor C); competition for nest              the foreseeable future, or otherwise to
                                              2003 proposal, we published the                         hollows (Factor C); effects from small                result in the species becoming in danger
                                              reopening of the public comment period                  population size (Factor E); and effects               of extinction within the foreseeable
                                              on our proposal to remove the scarlet-                  from climate change (Factor E).                       future throughout all of its range.
                                              chested and turquoise parakeets from                    Although one or some of these stressors
                                              the List (81 FR 3373). We took these                                                                          Turquoise Parrot
                                                                                                      may be acting on the species in some
                                              actions to determine whether removing                   manner, we found no data to indicate                     We consider cumulative effects to be
                                              these species from the List is still                    that these stressors, individually or                 the potential stressors to the species in
                                              warranted, and to ensure that we                        cumulatively, are causing the species to              totality and combination, and the degree
                                              sought, received, and made our final                    be in danger of extinction, either now or             to which there might be any synergistic
                                              decision based on the best scientific and               in the foreseeable future. In the face of             effects among any of the stressors (e.g.,
                                              commercial information available                        these stressors, the population appears               nest predation by foxes and the loss of
                                              regarding these species and their status                to be stable, with no evidence of decline             nesting hollows); this finding
                                              and threats. This final rule is based on                in the last 20 years. We have concluded               constitutes our cumulative-effects
                                              the best scientific and commercial                      that this stability is not due to listing             analysis. In the discussions above, we
                                              information available regarding these                   under the Act; thus, we do not expect                 evaluated the individual effects of the
                                              species and includes information                        declines due to the removal of the                    following potential stressors to the
                                              summarized from status reviews we                       protections provided by the listing                   turquoise parrot: Land clearing and
                                              conducted in 2016–2017 for the scarlet-                 under the Act.                                        forest fragmentation (Factor A); altered
                                              chested and the turquoise parrots. These                   The Australian Government does not                 fire regimes (Factor A); limited nest
                                              status reviews are available on the                     include the scarlet-chested parrot in the             hollows (Factor A); removal from the
                                              Internet at http://www.regulations.gov                  EPBC Act’s List of Threatened Fauna                   wild for food (Factor B); illegal
                                              as supporting documentation for Docket                  (Australian DEE 2017, unpaginated)                    collection and trade (Factor B);
                                              No. FWS–HQ–ES–2015–0176. Sections                       either because it was never nominated                 Psittacine beak and feather disease
                                              from the status reviews were added (in                  for consideration, or if it was                       (Factor C); predation from non-native
                                              part or entirely) to the preamble to this               nominated, it was found ineligible by a               species (Factor C); competition for food
                                              final rule. These new sections in the                   rigorous scientific assessment of the                 and nest hollows (Factor C); and effects
                                              preamble are updates or additions to                    species’ threat status (Australian DEE                from climate change (Factor E).
                                              information that was presented in the                   2017b, unpaginated). The 2000 Action                  Although one or some of these stressors
                                              2003 proposal to remove the scarlet-                    Plan for Australian Birds listed it                   may be acting on the turquoise parrot in
                                              chested and turquoise parakeets from                    nationally as ‘‘Least Concern’’ and then              some manner, we found no data to
                                              the list (68 FR 52169, September 2,                     did not list it in the 2010 Action Plan               indicate that these stressors,
                                              2003).                                                  for Australian Birds. As such, there is               individually or cumulatively, are
                                                                                                      no national recovery plan for the scarlet-            causing the species to be in danger of
                                              Finding                                                                                                       extinction, either now or in the
                                                                                                      chested parrot.
                                                 Our regulations direct us to determine                  The species is listed on the IUCN Red              foreseeable future. In the face of these
                                              if a species is endangered or threatened                List as ‘‘Least Concern.’’ Domestic and               stressors, the population appears to be
                                              due to any one or a combination of the                  international trade in wild-caught                    stable and may be increasing in some
                                              five threat factors identified in the Act               specimens is limited and strictly                     areas.
                                              (50 CFR 424.11(c)). We examined the                     regulated. The species is protected                      The Australian Government does not
                                              best scientific and commercial                          through domestic regulation in                        include the turquoise parrot in the EPBC
                                              information available regarding the past,               Australia and through additional                      Act’s List of Threatened Fauna
                                              present, and future threats faced by the                national and international treaties and               (Australian DEE 2017, unpaginated),
                                              species. We reviewed information                        laws.                                                 either because it was never nominated
                                              available in our files and other available                 As with all species, the scarlet-                  for consideration, or if it was
                                              published and unpublished                               chested parrot is subject to some                     nominated, it was found ineligible by a
                                              information, and we consulted with                      stressors. As discussed above, however,               rigorous scientific assessment of the
                                              recognized species and habitat experts                  we reviewed those stressors and                       species’ threat status (Australian DEE
                                              and representatives of the range country                conclude that individually and                        2017b, unpaginated). The 2000 Action
                                              (Australia).                                            cumulatively they are currently not                   Plan for Australian Birds listed it
                                                                                                      having a significant impact on the                    nationally as ‘‘Near Threatened’’ but
                                              Scarlet-Chested Parrot                                  species. This determination is                        then did not list it in the 2010 Action
                                                 We consider cumulative effects to be                 evidenced by the apparent stability of                Plan for Australian Birds because the
                                              the potential stressors to the species in               the population of the species for the last            population was too large to be
                                              totality and combination, and the degree                20 years. Therefore we conclude, based                considered ‘‘near threatened’’ and there
                                              to which there might be any synergistic                 on our review of the best available                   was no evidence of a recent decline
                                              effects among any of the stressors (e.g.,               scientific and commercial data, that the              (Garnett et al. 2011, p. 429). As such,
                                              increased fire frequency and potential                  scarlet-chested parrot is not currently in            there is no national recovery plan for
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                                              decline in nesting hollows). This                       danger of extinction throughout all of its            the turquoise parrot.
                                              finding constitutes our cumulative-                     range. In addition, we considered                        The species is listed on the IUCN Red
                                              effects analysis. In the discussions                    whether the impact of any of the                      List as ‘‘Least Concern.’’ Domestic and
                                              above, we evaluated the individual                      stressors is likely to significantly                  international trade in wild-caught
                                              effects of the following potential                      increase, individually or cumulatively,               specimens is limited and strictly
                                              stressors to the scarlet-chested parrot:                within the foreseeable future. We                     regulated. The species is protected
                                              Land clearing and altered fire regimes                  conclude, based on our review of the                  through domestic regulation in


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                                              16538             Federal Register / Vol. 82, No. 64 / Wednesday, April 5, 2017 / Rules and Regulations

                                              Australia and through additional                        portion of its range’’ (SPR) (79 FR                   identify only those portions that warrant
                                              national and international treaties and                 37578; July 1, 2014).                                 further consideration, we determine
                                              laws.                                                      The final policy states that (1) if a              whether there is substantial information
                                                 As with all species, the turquoise                   species is found to be endangered or                  indicating that (1) the portions may be
                                              parrot is subject to some stressors. As                 threatened throughout a significant                   significant and (2) the species may be in
                                              discussed above, however, we reviewed                   portion of its range, the entire species is           danger of extinction in those portions or
                                              those stressors and conclude that                       listed as an endangered or a threatened               likely to become so within the
                                              individually and cumulatively they are                  species, respectively, and the Act’s                  foreseeable future.
                                              currently not having a significant                      protections apply to all individuals of                  We emphasize that answering these
                                              impact on the species. This is evidenced                the species wherever found; (2) a                     questions in the affirmative is not a
                                              by the apparent stable population of                    portion of the range of a species is                  determination that the species is
                                              approximately 20,000 individuals with                   ‘‘significant’’ if the species is not                 endangered or threatened throughout a
                                              increases reported in some areas.                       currently endangered or threatened                    significant portion of its range—rather,
                                              Therefore, we conclude, based on our                    throughout all of its range, but the                  it is a step in determining whether a
                                              review of the best available scientific                 portion’s contribution to the viability of            more detailed analysis of the issue is
                                              and commercial data, that the turquoise                 the species is so important that, without             required. In practice, a key part of this
                                              parrot is not currently in danger of                    the members in that portion, the species              analysis is whether the threats are
                                              extinction throughout all of its range. In              would be in danger of extinction, or                  geographically concentrated in some
                                              addition, we considered whether the                     likely to become so in the foreseeable                way. If the threats to the species are
                                              impact of any of the stressors is likely                future, throughout all of its range; (3)              affecting it uniformly throughout its
                                              to significantly increase, individually or              the range of a species is considered to               range, no portion is likely to warrant
                                              cumulatively, within the foreseeable                    be the general geographical area within               further consideration. Moreover, if any
                                              future. We conclude, based on our                       which that species can be found at the                concentration of threats applies only to
                                              review of the best available scientific                 time the Service or the National Marine               portions of the range that clearly do not
                                              and commercial data, that stressors are                 Fisheries Service (NMFS) makes any                    meet the biologically based definition of
                                              not likely to increase such that they                   particular status determination; and (4)              ‘‘significant’’ (i.e., the loss of that
                                              would cause significant population                      if a vertebrate species is endangered or              portion clearly would not be expected to
                                              declines within the foreseeable future,                 threatened throughout an SPR, and the                 increase the vulnerability to extinction
                                              or otherwise to result in the species                   population in that significant portion is             of the entire species), those portions
                                              becoming in danger of extinction within                 a valid DPS, we will list the DPS rather              will not warrant further consideration. If
                                              the foreseeable future throughout all of                than the entire taxonomic species or                  we identify any portions that may be
                                              its range.                                              subspecies.                                           both (1) significant and (2) endangered
                                                 We have carefully assessed the best                     The SPR policy is applied to all status            or threatened, we engage in a more
                                              scientific and commercial data available                determinations, including analyses for                detailed analysis to determine whether
                                              and determined that the scarlet-chested                 the purposes of making listing,                       these standards are indeed met. To
                                              and turquoise parrots are no longer in                  delisting, and reclassification                       determine whether a species is
                                              danger of extinction throughout all their               determinations. The procedure for                     endangered or threatened throughout an
                                              respective ranges, nor are they likely to               analyzing whether any portion is an                   SPR, we will use the same standards
                                              become so in the foreseeable future.                    SPR is similar, regardless of the type of             and methodology that we use to
                                                                                                      status determination we are making.                   determine if a species is endangered or
                                              Significant Portion of Its Range
                                                                                                      The first step in our analysis of the                 threatened throughout its range.
                                              Analysis
                                                                                                      status of a species is to determine its                  Depending on the biology of the
                                                 Having examined the status of the                    status throughout all of its range. If we             species, its range, and the threats it
                                              scarlet-chested and turquoise parrots                   determine that the species is in danger               faces, it may be more efficient to address
                                              throughout all of their ranges, we next                 of extinction, or likely to become so in              the ‘‘significant’’ question first, or the
                                              examine whether these species are in                    the foreseeable future, throughout all of             status question first. Thus, if we
                                              danger of extinction, or likely to become               its range, we list the species as an                  determine that a portion of the range is
                                              so, in a significant portion of their                   endangered (or threatened) species and                not ‘‘significant,’’ we do not need to
                                              respective ranges. Under the Act and                    no SPR analysis is required. If the                   determine whether the species is
                                              our implementing regulations, a species                 species is neither in danger of extinction            endangered or threatened there; if we
                                              may warrant listing if it is in danger of               nor likely to become so throughout all                determine that the species is not
                                              extinction or likely to become so                       of its range, we determine whether the                endangered or threatened in a portion of
                                              throughout all or a significant portion of              species is in danger of extinction or                 its range, we do not need to determine
                                              its range. The Act defines ‘‘endangered                 likely to become so throughout a                      if that portion is ‘‘significant.’’
                                              species’’ as any species which is ‘‘in                  significant portion of its range. If it is,
                                              danger of extinction throughout all or a                we list the species as an endangered or               Scarlet-Chested Parrot
                                              significant portion of its range,’’ and                 a threatened species, respectively; if it is            Applying the process described
                                              ‘‘threatened species’’ as any species                   not, we conclude that listing the species             above, we evaluated portions of the
                                              which is ‘‘likely to become an                          is not warranted.                                     scarlet-chested parrot’s range that may
                                              endangered species within the                              When we conduct an SPR analysis,                   be significant, and examined whether
                                              foreseeable future throughout all or a                  we first identify any portions of the                 any threats are geographically
                                              significant portion of its range.’’ The                 species’ range that warrant further                   concentrated in some way that would
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                                              term ‘‘species’’ includes ‘‘any                         consideration. The range of a species                 indicate that those portions of the range
                                              subspecies of fish or wildlife or plants,               can theoretically be divided into                     may be in danger of extinction, or likely
                                              and any distinct population segment                     portions in an infinite number of ways.               to become so in the foreseeable future.
                                              [DPS] of any species of vertebrate fish or              However, there is no purpose to                       The range available to the scarlet-
                                              wildlife which interbreeds when                         analyzing portions of the range that are              chested parrot is very large (262,000
                                              mature.’’ We published a final policy                   not reasonably likely to be significant               km2 (101,159 mi2); BLI 2016a,
                                              interpreting the phrase ‘‘significant                   and endangered or threatened. To                      unpaginated). Within this range, the


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                                                                Federal Register / Vol. 82, No. 64 / Wednesday, April 5, 2017 / Rules and Regulations                                          16539

                                              Great Victoria Desert, located in                       significant, and examined whether any                 modeled climate space in Victoria may
                                              southwestern Australia, may be of                       threats are geographically concentrated               improve somewhat with more areas
                                              biological or conservation importance to                in some way that would indicate that                  becoming suitable for the parrot.
                                              the scarlet-chested parrot, because the                 those portions of the range may be in                 However, given the uncertainty in the
                                              species is primarily concentrated in the                danger of extinction, or likely to become             modelling of future climate scenarios,
                                              better vegetated areas of this region (BLI              so in the foreseeable future. The                     particularly patterns of precipitation, we
                                              2016a, unpaginated; Juniper and Parr                    turquoise parrot occurs in many parts of              are unable to reliably discern if the areas
                                              1998, p. 366). Therefore, the Great                     eastern and southeastern Australia,                   projected to be lost will result in any
                                              Victoria Desert has the potential to be of              particularly the foothills of the Great               significant threat. While areas in New
                                              greater biological or conservation                      Dividing Range (NSW 2009,
                                                                                                                                                            South Wales may be significant to the
                                              importance than other areas and may                     unpaginated; Garnett and Crowley
                                                                                                                                                            parrot, information and analyses
                                              constitute a significant portion of the                 2000b, p. 345; Juniper and Parr 1988, p.
                                              parrot’s range.                                         365). The Great Dividing Range is                     indicate that the species is unlikely to
                                                 We next examined whether any                         formed from multiple mountain ranges                  be in danger of extinction or become so
                                              stressors are geographically                            that dominate the eastern Australia                   in the foreseeable future in this portion.
                                              concentrated in some way that would                     landmass. The species’ distribution is                  All other stressors appear to be
                                              indicate the species could be in danger                 not continuous but rather occurs in                   uniform across the range of the species.
                                              of extinction, or likely to become so, in               patches of suitable habitat throughout                The population of the turquoise parrot
                                              this portion. We examined potential                     this broader range (Tzaros 2016,                      now numbers more than 20,000
                                              stressors, including land clearing,                     unpaginated; Forshaw 1989, p. 286),                   individuals. The population appears to
                                              altered fire regimes, limited nest                      and about 90 percent of the population                be stable and may be increasing in some
                                              hollows, illegal collection and trade,                  is thought to occur in New South Wales                areas. Therefore, based on the best
                                              Psittacine beak and feather disease,                    (NSW 2009, unpaginated). We did not                   scientific and commercial data
                                              predation from non-native species,                      identify any natural divisions within the             available, no portion warrants further
                                              competition for food and nest hollows,                  range that may be of biological or                    consideration to determine whether the
                                              small population size, and effects from                 conservation importance with the
                                              climate change. All these stressors                                                                           species may be endangered or
                                                                                                      exception that the central portion of the
                                              appeared to be uniform across the range                 parrot’s current range (in New South                  threatened in a significant portion of its
                                              of the species, with the exception of                   Wales) could be considered significant                range.
                                              potential effects from climate change                   based on the concentration of parrots                 Summary
                                              (See Climate change and the scarlet-                    there.
                                              chested parrot above). A recent climate-                   We next examined whether any                          We have carefully assessed the best
                                              change-adaptation model indicated a                     stressors are geographically                          scientific and commercial data available
                                              long-term range contraction to the                      concentrated in some way that would                   and have determined that the scarlet-
                                              southern portion of its range (to an area               indicate the species could be in danger               chested and turquoise parrots are no
                                              that includes the Great Victoria Desert)                of extinction, or likely to become so in              longer in danger of extinction
                                              (Garnett et al. 2013b, interactive model                the foreseeable future. We examined                   throughout all or significant portions of
                                              results). However, given the uncertainty                potential stressors, including land                   their respective ranges, nor are they
                                              in the modelling of future climate                      clearing, altered fire regimes, limited               likely to become so in the foreseeable
                                              scenarios, particularly patterns of                     nest hollows, illegal collection and                  future. As a consequence of this
                                              precipitation, we are unable to reliably                trade, Psittacine beak and feather
                                                                                                                                                            determination, we are removing these
                                              discern if the areas projected to be lost               disease, predation from non-native
                                                                                                                                                            species from the Federal List of
                                              will result in any significant threat.                  species competition for food and nest
                                              While regions of the Great Victoria                     hollows, and effects from climate                     Endangered and Threatened Wildlife.
                                              Desert may be significant, information                  change. All these stressors appeared to               Effects of the Rule
                                              and analyses indicate that the species is               be uniform across the range of the
                                              unlikely to be in danger of extinction or               species, with the exception of potential                This final rule revises 50 CFR 17.11(h)
                                              become so in the foreseeable future in                  effects from climate change (See Climate              by removing the scarlet-chested and
                                              this portion.                                           change and the turquoise parrot above).               turquoise parakeets from the Federal
                                                 All other stressors appear to be                        A recent climate-change-adaptation                 List of Endangered and Threatened
                                              uniform across the range of the species.                model indicated a long-term range                     Wildlife. As of the effective date of this
                                              The scarlet-chested parrot is adapted to                contraction by about one half to the                  rule (see DATES), the prohibitions and
                                              arid landscapes and able to travel great                southern part of its current range (i.e.,             conservation measures provided by the
                                              distances. The population is not known                  dropping out of Queensland but                        Act, particularly through sections 7, 8
                                              to be fragmented (Snyder et al. 2000, p.                remaining in portions of New South                    and 9, no longer apply to these species.
                                              57) and appears to be stable, with no                   Wales and Victoria) by 2085 (Garnett et               The scarlet-chested and turquoise
                                              evidence of decline in the last 20 years                al. 2013c, interactive model results).
                                                                                                                                                            parrots will remain protected under the
                                              (BLI 2016a, unpaginated; BLI 2012a, p.                  This reduced climate space includes
                                                                                                                                                            provisions of the Convention on
                                              4). Therefore, based on the best                        developed regions near Sydney and in
                                                                                                      and around Melbourne (Garnett et al.                  International Trade in Endangered
                                              scientific and commercial data
                                                                                                      2013c, interactive model results).                    Species of Wild Fauna and Flora
                                              available, no portion warrants further
                                                                                                      Currently, approximately 90 percent of                (CITES). To date, the scarlet-chested and
                                              consideration to determine whether the
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                                              species may be endangered or                            the population is distributed in eastern              turquoise parrots remain on the
                                              threatened in a significant portion of its              portions of New South Wales. Based on                 Approved List of captive-bred species
                                              range.                                                  the modeling, the species would                       under the WBCA, which allows import
                                                                                                      experience a reduction in climate space               or export of captive-bred individuals of
                                              Turquoise Parrot                                        in New South Wales that is                            these species without a WBCA permit.
                                                We evaluated portions of the                          approximately a little more than one
                                              turquoise parrot’s range that may be                    half of what is currently modeled. The


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                                              16540                Federal Register / Vol. 82, No. 64 / Wednesday, April 5, 2017 / Rules and Regulations

                                              Required Determinations                                    PART 17—ENDANGERED AND                                (FMP) prepared by the North Pacific
                                                                                                         THREATENED WILDLIFE AND PLANTS                        Fishery Management Council under
                                              National Environmental Policy Act (42
                                                                                                                                                               authority of the Magnuson-Stevens
                                              U.S.C. 4321 et seq.)                                         3. The authority citation for part 17
                                                                                                         ■                                                     Fishery Conservation and Management
                                                We have determined that                                  continues to read as follows:                         Act. Regulations governing fishing by
                                              environmental assessments and                                Authority: 16 U.S.C. 1361–1407; 1531–               U.S. vessels in accordance with the FMP
                                              environmental impact statements, as                        1544; and 4201–4245, unless otherwise                 appear at subpart H of 50 CFR part 600
                                              defined under the authority of the                         noted.                                                and 50 CFR part 679.
                                              National Environmental Policy Act,                                                                                  The B season apportionment of the
                                              need not be prepared in connection                         § 17.11    [Amended]                                  2017 Pacific cod total allowable catch
                                              with listing or reclassification of a                      ■ 4. Amend § 17.11(h) by removing the                 (TAC) allocated to catcher vessels using
                                              species as an endangered or threatened                     entries for ‘‘Parakeet, scarlet-chested’’             trawl gear in the BSAI is 5,197 metric
                                              species under the Endangered Species                       and ‘‘Parakeet, turquoise’’ under BIRDS               tons (mt) as established by the final
                                              Act. We published a notice outlining                       in the List of Endangered and                         2017 and 2018 harvest specifications for
                                              our reasons for this determination in the                  Threatened Wildlife.                                  groundfish in the BSAI (82 FR 11826,
                                              Federal Register on October 25, 1983                                                                             February 27, 2017.
                                              (48 FR 49244).                                               Dated: March 3, 2017.                                  In accordance with § 679.20(d)(1)(i),
                                                                                                         James W. Kurth                                        the Administrator, Alaska Region,
                                              References Cited                                           Acting Director, U.S. Fish and Wildlife               NMFS (Regional Administrator), has
                                                A complete list of references cited in                   Service.                                              determined that the B season
                                              this rulemaking is available on the                        [FR Doc. 2017–06663 Filed 4–4–17; 8:45 am]            apportionment of the 2017 Pacific cod
                                              Internet at http://www.regulations.gov                     BILLING CODE 4333–15–P                                TAC allocated to trawl catcher vessels
                                              under Docket No. FWS–HQ–ES–2015–                                                                                 in the BSAI will soon be reached.
                                              0176 or upon request (see FOR FURTHER                                                                            Therefore, the Regional Administrator is
                                              INFORMATION CONTACT).                                                                                            establishing a directed fishing
                                                                                                         DEPARTMENT OF COMMERCE                                allowance of 4,697 mt and is setting
                                              Authors
                                                                                                                                                               aside the remaining 500 mt as bycatch
                                                This final rule was authored by staff                    National Oceanic and Atmospheric
                                                                                                                                                               to support other anticipated groundfish
                                              of the Branch of Foreign Species,                          Administration                                        fisheries. In accordance with
                                              Ecological Services Program, U.S. Fish                                                                           § 679.20(d)(1)(iii), the Regional
                                              and Wildlife Service.                                      50 CFR Part 679                                       Administrator finds that this directed
                                              List of Subjects                                                                                                 fishing allowance has been reached.
                                                                                                         [Docket No. 161020985–7181–02]                        Consequently, NMFS is prohibiting
                                              50 CFR Part 15                                                                                                   directed fishing for Pacific cod by
                                                Imports, Reporting and recordkeeping                     RIN 0648–XF334                                        catcher vessels using trawl gear in the
                                              requirements, Wildlife.                                                                                          BSAI.
                                                                                                         Fisheries of the Exclusive Economic                      After the effective date of this closure
                                              50 CFR Part 17                                             Zone Off Alaska; Pacific Cod by                       the maximum retainable amounts at
                                                Endangered and threatened species,                       Catcher Vessels Using Trawl Gear in                   § 679.20(e) and (f) apply at any time
                                              Exports, Imports, Reporting and                            the Bering Sea and Aleutian Islands                   during a trip.
                                              recordkeeping requirements,                                Management Area
                                              Transportation.                                                                                                  Classification
                                                                                                         AGENCY:  National Marine Fisheries
                                              Regulation Promulgation                                    Service (NMFS), National Oceanic and                     This action responds to the best
                                                                                                         Atmospheric Administration (NOAA),                    available information recently obtained
                                                Accordingly, we amend part 15 and                                                                              from the fishery. The Acting Assistant
                                              part 17, subchapter B of chapter I, title                  Commerce.
                                                                                                                                                               Administrator for Fisheries, NOAA
                                              50 of the Code of Federal Regulations,                     ACTION: Temporary rule; closure.
                                                                                                                                                               (AA), finds good cause to waive the
                                              as set forth below:                                                                                              requirement to provide prior notice and
                                                                                                         SUMMARY:   NMFS is prohibiting directed
                                                                                                         fishing for Pacific cod by catcher vessels            opportunity for public comment
                                              PART 15—WILD BIRD
                                                                                                         using trawl gear in the Bering Sea and                pursuant to the authority set forth at 5
                                              CONSERVATION ACT
                                                                                                         Aleutian Islands management area                      U.S.C. 553(b)(B) as such requirement is
                                              ■ 1. The authority citation for part 15                    (BSAI). This action is necessary to                   impracticable and contrary to the public
                                              continues to read as follows:                              prevent exceeding the B season                        interest. This requirement is
                                                                                                         apportionment of the 2017 Pacific cod                 impracticable and contrary to the public
                                                  Authority: 16 U.S.C. 4901–4916.
                                                                                                         total allowable catch allocated to                    interest as it would prevent NMFS from
                                              ■ 2. Amend § 15.33(a) by:                                                                                        responding to the most recent fisheries
                                              ■ a. Amending the entries in the table                     catcher vessels using trawl gear in the
                                                                                                         BSAI.                                                 data in a timely fashion and would
                                              for ‘‘Neophema pulchella 1 (Turquoise
                                                                                                                                                               delay the closure of directed fishing for
                                              parrot.)’’ and ‘‘Neophema splendida 1                      DATES: Effective 1200 hours, Alaska
                                                                                                                                                               Pacific cod by catcher vessels using
                                              (Scarlet-chested parrot.)’’ by removing                    local time (A.l.t.), April 3, 2017, through
                                                                                                                                                               trawl gear in the BSAI. NMFS was
                                              the footnote superscripts; and                             1200 hours, A.l.t., June 10, 2017.
                                              ■ b. Revising footnote 1 following the
                                                                                                                                                               unable to publish a notice providing
                                                                                                         FOR FURTHER INFORMATION CONTACT: Josh                 time for public comment because the
                                              table to read as follows:
sradovich on DSK3GMQ082PROD with RULES




                                                                                                         Keaton, 907–586–7228.                                 most recent, relevant data only became
                                              § 15.33       Species included in the approved             SUPPLEMENTARY INFORMATION: NMFS                       available as of March 30, 2017.
                                              list.                                                      manages the groundfish fishery in the                    The AA also finds good cause to
                                                  (a) * * *                                              BSAI exclusive economic zone                          waive the 30-day delay in the effective
                                                  1 Note:
                                                       Permits are still required for this               according to the Fishery Management                   date of this action under 5 U.S.C.
                                              species under part 17 of this chapter.                     Plan for Groundfish of the Bering Sea                 553(d)(3). This finding is based upon
                                              *       *       *       *      *                           and Aleutian Islands Management Area                  the reasons provided above for waiver of


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Document Created: 2018-02-01 14:47:17
Document Modified: 2018-02-01 14:47:17
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 rule becomes effective May 5, 2017.
ContactJanine Van Norman, Chief, Branch of Foreign Species, Ecological Services, U.S. Fish and Wildlife Service, MS: ES, 5275 Leesburg Pike, Falls Church, VA 22041-3803; telephone, 703-358-2171; facsimile, 703-358-1735. If you use a telecommunications device for the deaf (TDD), call the Federal Relay Service at 800-877- 8339.
FR Citation82 FR 16522 
RIN Number1018-BB29
CFR Citation50 CFR 15
50 CFR 17
CFR AssociatedImports; Reporting and Recordkeeping Requirements; Wildlife; Endangered and Threatened Species; Exports and Transportation

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