# 75 FR 286: Endangered and Threatened Wildlife and Plants; Listing Six Foreign Birds as Endangered Throughout Their Range

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URL: https://www.frixlaw.com/law-library/statutes/FR_PRORULE_E9-31101

## Section

- **Citation:** 75 FR 286
- **Heading:** Endangered and Threatened Wildlife and Plants; Listing Six Foreign Birds as Endangered Throughout Their Range
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Federal Register / Vol. 75 / 75 FR 286

## Text

DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 [FWS-R9-ES-2009-0084] [90100-1660-1FLA B6] [RIN 1018-AW39] Endangered and Threatened Wildlife and Plants; Listing Six Foreign Birds as Endangered Throughout Their Range AGENCY:
Fish and Wildlife Service, Interior.

ACTION:
Proposed rule.

SUMMARY:
We, the U.S. Fish and Wildlife Service, propose to list the following six foreign species found on islands in French Polynesia and in Europe, Southeast Asia, and Africa: Cantabrian capercaillie ( Tetrao urogallus cantabricus ); Marquesan Imperial Pigeon ( Ducula galeata ); the Eiao Polynesian warbler ( Acrocephalus percernis aquilonis ), previously referred to as ( Acrocephalus mendanae aquilonis ); greater adjutant ( Leptoptilos dubius ); Jerdon's courser ( Rhinoptilus bitorquatus ); and slender-billed curlew ( Numenius tenuirostris ) as endangered, pursuant to the Endangered Species Act of 1973, as amended. This proposal, if made final, would extend the Act's protection to these species. We seek data and comments from the public on this proposed rule.

DATES:
To ensure that we are able to consider your comment on this proposed rulemaking action, we will accept comments received or postmarked on or before March 8, 2010. We must receive requests for public hearings, in writing, at the address shown in the FOR FURTHER INFORMATION CONTACT section by February 19, 2010.

ADDRESSES:
You may submit comments by one of the following methods:
* Electronically: Go to the Federal eRulemaking Portal : http://www.regulations.gov . In the Keyword box, enter Docket No. FWS-R9-ES-2009-0084, which is the docket number for this rulemaking. Then, in the Search panel on the left side of the screen under the Document Type heading, click on the Proposed Rules link to locate this document. You may submit a comment by clicking on “ Send a Comment or Submission .”
* By hard copy : Submit by U.S
g Portal : http://www.regulations.gov . In the Keyword box, enter Docket No. FWS-R9-ES-2009-0084, which is the docket number for this rulemaking. Then, in the Search panel on the left side of the screen under the Document Type heading, click on the Proposed Rules link to locate this document. You may submit a comment by clicking on “ Send a Comment or Submission .”
* By hard copy : Submit by U.S. mail or hand-delivery to: Public Comments Processing, Attn: FWS-R9-ES-2009-0084 ; Division of Policy and Directives Management; U.S. Fish and Wildlife
We will post all comments on http://www.regulations.gov . This generally means that we will post any personal information you provide us (see the Public Comment Procedures section below under SUPPLEMENTARY INFORMATION for more information).
FOR FURTHER INFORMATION CONTACT:
Douglas Krofta, Chief, Branch of Listing, Endangered Species Program, U.S. Fish and Wildlife Service, 4401 N. Fairfax Drive, Room 420, Arlington, VA 22203; telephone 703-358-2171; facsimile 703-358-1735. If you use a telecommunications device for the deaf (TDD), call the Federal Information Relay Service (FIRS) at 800-877-8339.

SUPPLEMENTARY INFORMATION:
Public Comments
We intend that any final action resulting from this proposal will be as accurate and as effective as possible. Therefore, we request comments or suggestions on this proposed rule. We particularly seek comments concerning:
(1) Biological, commercial trade, or other relevant data concerning any threats (or lack thereof) to these species and regulations that may be addressing those threats.
(2) Additional information concerning the taxonomy, range, distribution, and population size of these species, including the locations of any additional populations of these species.
(3) Any information on the biological or ecological requirements of these species.
(4) Current or planned activities in the areas occupied by these species and possible impacts of these activities on these species.
) Additional information concerning the taxonomy, range, distribution, and population size of these species, including the locations of any additional populations of these species.
(3) Any information on the biological or ecological requirements of these species.
(4) Current or planned activities in the areas occupied by these species and possible impacts of these activities on these species.
(5) Any information concerning the effects of climate change on these species or their habitats.
Please note that submissions merely stating support for or opposition to the action under consideration without providing supporting information, although noted, will not be considered in making a determination, as section 4(b)(1)(A) of the Act directs that determinations as to whether any species is a threatened or endangered species must be made “solely on the basis of the best scientific and commercial data available.”
You may submit your comments and materials concerning this proposed rule by one of the methods listed in the ADDRESSES section. We will not accept comments sent by e-mail or fax or to an address not listed in ADDRESSES . If you submit a comment via http://www.regulations.gov , your entire comment—including any personal identifying information—will be posted on the Web site. Please note that comments submitted to this Web site are not immediately viewable. When you submit a comment, the system receives it immediately. However, the comment will not be publicly viewable until we post it, which might not occur until several days after submission.
If you submit a hardcopy comment that includes personal identifying information, you may request at the top of your document that we withhold this information from public review. However, we cannot guarantee that we will be able to do so. To ensure that the electronic docket for this rulemaking is complete and all comments we receive are publicly available, we will post all hardcopy comments on http://www.regulations.gov
comment that includes personal identifying information, you may request at the top of your document that we withhold this information from public review. However, we cannot guarantee that we will be able to do so. To ensure that the electronic docket for this rulemaking is complete and all comments we receive are publicly available, we will post all hardcopy comments on http://www.regulations.gov .
Comments and materials we receive, as well as supporting documentation we used in preparing this proposed rule, will be available for public inspection in two ways:
(1) You can view them on http://www.regulations.gov . In the Search Documents box, enter FWS-R9-ES-2009-0084, which is the docket number for this action. Then in the Search panel on the left side of the screen, select the type of documents you want to view under the Document Type heading.
(2) You can make an appointment, during normal business hours, to view the comments and materials in person at U.S. Fish and Wildlife Service, Endangered Species Program, 4401 N. Fairfax Drive, Room 420, Arlington, VA 22203; telephone 703-358-2171.
Background
Section 4(b)(3)(A) of the Endangered Species Act of 1973, as amended (Act) (16 U.S.C. 1531 et seq. ), requires us to make a finding (known as a “90-day finding”) on whether a petition to add a species to, remove a species from, or reclassify a species on the Federal Lists of Endangered and Threatened Wildlife and Plants has presented substantial information indicating that the requested action may be warranted. To the maximum extent practicable, we must make the finding within 90 days following receipt of the petition and must publish it promptly in the Federal Register . If we find that the petition has presented substantial information indicating that the requested action may be warranted (a positive finding), section 4(b)(3)(A) of the Act requires us to commence a status review of the species if we have not already initiated one under our internal candidate assessment process
ollowing receipt of the petition and must publish it promptly in the Federal Register . If we find that the petition has presented substantial information indicating that the requested action may be warranted (a positive finding), section 4(b)(3)(A) of the Act requires us to commence a status review of the species if we have not already initiated one under our internal candidate assessment process. In addition, section 4(b)(3)(B) of the Act requires us to make a finding within 12 months following receipt of the petition (“12-month finding”) on whether the requested action is warranted, not warranted, or warranted but precluded by higher priority actions. Section 4(b)(3)(C) of the Act requires that when we make a warranted but precluded finding on a petition, we are to treat such a petition as one that is resubmitted on the date of such finding. Thus, we are required to publish new 12-month findings on these “resubmitted” petitions on an annual basis. We publish an annual notice of resubmitted petition findings (annual notice) for all foreign species for which we previously found listings to be warranted but precluded.
In this proposed rule, we propose to list six foreign bird species as endangered, under the Act. These species are: Cantabrian capercaillie ( Tetrao urogallus cantabricus ); Marquesan Imperial Pigeon ( Ducula galeata ); Eiao Polynesian warbler ( Acrocephalus percernis aquilonis ), previously referred to as ( Acrocephalus mendanae aquilonis ); greater adjutant ( Leptoptilos dubius ); Jerdon's courser ( Rhinoptilus bitorquatus ); and slender-billed curlew ( Numenius tenuirostris ). These species range widely from islands in French Polynesia to Europe, Southeast Asia, and Africa, and all are considered terrestrial species, with one exception, the slender-billed curlew. The slender-billed curlew is a water bird that undertakes a long annual migration.
Previous Federal Actions
On November 28, 1980, we received a petition (1980 petition) from Dr. Warren B. King, Chairman, U.S
hese species range widely from islands in French Polynesia to Europe, Southeast Asia, and Africa, and all are considered terrestrial species, with one exception, the slender-billed curlew. The slender-billed curlew is a water bird that undertakes a long annual migration.
Previous Federal Actions
On November 28, 1980, we received a petition (1980 petition) from Dr. Warren B. King, Chairman, U.S. Section of the International Council for Bird Preservation (ICBP), to add 70 native and foreign bird species to the list of Threatened and Endangered Wildlife (50 CFR 17.11), including three species (Cantabrian capercaillie, Marquesan Imperial Pigeon, and Eiao Polynesian warbler) that are the subject of this proposed rule. Two of the foreign species identified in the petition were already listed under the Act. In response to the 1980 petition, we published a substantial 90-day finding on May 12, 1981 (46 FR 26464), for 58 foreign species and initiated a status review. On January 20, 1984 (49 FR 2485), we published a 12-month finding within an annual review on pending petitions and description of progress on all pending petition findings. In this notice, we found that listing all 58 foreign bird species in the 1980 petition was warranted but precluded by higher priority listing actions. On May 10, 1985, we published the first annual
On May 6, 1991, we received a petition (1991 petition) from Alison Stattersfield, of ICBP, to list 53 additional foreign birds under the Act, including the three remaining bird species (greater adjutant, Jerdon's courser, and slender-billed curlew) that are the subject of this proposed rule. On December 16, 1991, we published a positive 90-day finding and announced the initiation of a status review of the 53 foreign birds listed in the 1991 petition (56 FR 65207). On March 28, 1994 (59 FR 14496), we published a proposed rule to list 30 African bird species from both the 1980 and 1991 petitions
nt, Jerdon's courser, and slender-billed curlew) that are the subject of this proposed rule. On December 16, 1991, we published a positive 90-day finding and announced the initiation of a status review of the 53 foreign birds listed in the 1991 petition (56 FR 65207). On March 28, 1994 (59 FR 14496), we published a proposed rule to list 30 African bird species from both the 1980 and 1991 petitions. In the same Federal Register document, we included a notice of findings in which we announced our determination that listing the 38 remaining species from the 1991 petition was warranted but precluded; this group included greater adjutant, Jerdon's courser, and slender-billed curlew. On July 29, 2008 (73 FR 44062), we published an annual notice of findings on resubmitted petitions for foreign species and annual description of progress on listing actions within which we ranked species for listing by assigning each a Listing Priority Number per our listing priority guidelines, published on September 21, 1983 (48 FR 43098). Based on this ranking and priorities, we determined that listing the six previously petitioned species that are the subject of this proposed rule— Cantabrian capercaillie, Marquesan imperial pigeon, Eiao Polynesian warbler, greater adjutant, Jerdon's courser, and slender-billed curlew— was warranted.
On September 8, 2008, we received a 60-day notice of intent to sue from the Center for Biological Diversity (CBD) over violations of section 4 of the Act for failure to promptly publish listing proposals for the 30 warranted species identified in our 2008 Annual Notice of Review. Under a settlement agreement approved by the U.S. District Court for the Northern District of California on June 15, 2009 ( CDB v. Salazar , 09-cv-02578-CRB), we must submit to the Federal Register proposed listing rules for the Cantabrian capercaillie, Marquesan imperial pigeon, Eiao Polynesian warbler, greater adjutant, Jerdon's courser, and slender-billed curlew by December 29, 2009
of Review. Under a settlement agreement approved by the U.S. District Court for the Northern District of California on June 15, 2009 ( CDB v. Salazar , 09-cv-02578-CRB), we must submit to the Federal Register proposed listing rules for the Cantabrian capercaillie, Marquesan imperial pigeon, Eiao Polynesian warbler, greater adjutant, Jerdon's courser, and slender-billed curlew by December 29, 2009.
These six species were selected from the list of warranted-but-precluded species because of the significance and similarity of the threats to the species. We assigned all six of these species a listing priority ranking number of 2 or 3. Combining species that face similar threats into one proposed rule allows us to maximize our limited staff resources and thus increases our ability to complete the listing process for warranted-but-precluded species.
Species Information and Factors Affecting the Species
Section 4 of the Act (16 U.S.C. 1533), and its implementing regulations at 50 CFR part 424, set forth the procedures for adding species to the Federal Lists of Endangered and Threatened Wildlife and Plants. Under section 4(a)(1) of the Act, we may list a species based on any of the following 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; and (E) other natural or manmade factors affecting its continued existence. Listing actions may be warranted based on any of the above threat factors, singly or in combination.
Despite the fact that global climate changes are occurring and affecting habitat, the climate change models that are currently available do not yet enable us to make meaningful predictions of climate change for specific, local areas (Parmesan and Matthews 2005, p. 354)
ng its continued existence. Listing actions may be warranted based on any of the above threat factors, singly or in combination.
Despite the fact that global climate changes are occurring and affecting habitat, the climate change models that are currently available do not yet enable us to make meaningful predictions of climate change for specific, local areas (Parmesan and Matthews 2005, p. 354). In addition, we do not have models to predict how the climate in the range of these Eurasian and Asian bird species will change, and we do not know how any change that may occur would affect these species. Nor do we have information on past and future weather patterns within the specific range of these species. Therefore, based on the current lack of information, we did not evaluate climate change as a threat to these species. We are, however, seeking additional information on this subject (see Public Comment Procedures section) that can be used in preparing the final rule.
Below is a species-by-species description and analysis of the five factors. The species are considered in alphabetical order, beginning with the Cantabrian capercaillie, followed by the Eiao Polynesian warbler, greater adjutant, Jerdon's courser, Marquesan Imperial Pigeon, and the slender-billed curlew.
I. Cantabrian capercaillie ( Tetrao urogallus cantabricus )
Species Description
The Cantabrian capercaillie ( Tetrao urogallus cantabricus ) is a subspecies of the western capercaillie ( T. urogallus ) in the family Tetraonidae. The species in general is a large grouse, of 80 to 115 centimeters (cm) in length (31 to 45 inches (in)), and the female is much smaller than the male. The species is characterized by having dark gray plumage with fine blackish vermiculation (wavelike pattern) around the head and neck. The breast is glossy greenish-black. This bird has a long, rounded tail, an ivory white bill, and a scarlet crest (World Association of Zoos and Aquaria 2009, unpaginated)
timeters (cm) in length (31 to 45 inches (in)), and the female is much smaller than the male. The species is characterized by having dark gray plumage with fine blackish vermiculation (wavelike pattern) around the head and neck. The breast is glossy greenish-black. This bird has a long, rounded tail, an ivory white bill, and a scarlet crest (World Association of Zoos and Aquaria 2009, unpaginated).
The Cantabrian capercaillie once existed along the whole of the Cantabrian mountain range from northern Portugal through Galicia, Astruias, and Leon, to Santander in northern Spain (IUCN Redbook 1979, p. 1). Currently its range is restricted to the Cantabrian mountains in northwest Spain. The subspecies inhabits an area of 1,700 square kilometers (km2) (656 square miles (mi2)), and its range is separated from its nearest neighboring subspecies of capercaillie ( T. u. aquitanus ) in the Pyrenees mountains by a distance of more than 300 km (186 mi) (Quevedo et al . 2006b, p. 268).
The Cantabrian capercaillie occurs in mature beech ( Fagus sylvatica ) forest and mixed forests of beech and oaks ( Quercus robur, Q. petraea , and Q. pyrenaica ) at elevations ranging from 800 to 1,800 m (2,600 to 5,900 ft). The Cantabrian capercaillie also uses other microhabitat types (broom ( Genista spp.), meadow, and heath ( Erica spp.)) selectively throughout the year (Quevedo et al . 2006b, p. 271).
The species feeds on beech buds, catkins of birch ( Betrula alba ), and holly leaves ( Ilex aquifolium ). It also feeds on bilberry ( Vaccinium myrtillus ), a commonly eaten component of its diet (Rodriguez and Obeso 2000 as reported in Pollo et al . 2005, p. 398).
Storch et al . estimates the population to be 627 birds, of which approximately 500 are adults, according to the most recent population data collected from 2000 through 2003 (2006, p. 654). Population estimates for species of grouse are commonly assessed by counting males that gather during the et al . (2005, p
ent of its diet (Rodriguez and Obeso 2000 as reported in Pollo et al . 2005, p. 398).
Storch et al . estimates the population to be 627 birds, of which approximately 500 are adults, according to the most recent population data collected from 2000 through 2003 (2006, p. 654). Population estimates for species of grouse are commonly assessed by counting males that gather during the et al . (2005, p. 397) estimated a 60-to-70 percent decline in the number of male leks since 1981. This is equivalent to an average decline of 3 percent per year, or 22 percent over 8 years. There is also evidence of a 30-percent decline in lek occupancy in the northern watershed of the species' range between 2000 and 2005 (Banuelos and Quevedo, unpublished data, as reported in Storch et al . 2006, p. 654).
Based on data collected between 2000 and 2003 by Pollo et al . (2005, p. 401), the distribution of Cantabrian capercaillie on the southern slope of the Cantabrian Mountains is fragmented into 13 small subpopulations: four in the western area and 9 in the eastern. Six subpopulations (5 in the eastern and 1 in the western) contained only one singing male, which indicates a very small subpopulation, since presence of singing males is a direct correlate to population numbers.
The area occupied by Cantabrian capercaillie in 1981-1982 covered up to approximately 2,070 km2 (799 mi2) of the southern slope 972 km2 (375 mi2) in the west and 1,098 km2 (424 mi2) in the east). Between 2000 and 2003, the area of occupancy had declined to 693 km2 (268 mi2), specifically 413 km2 (159 mi2) in the west and 280 km2 (108 mi2) in the east. Thus, over a 22-year period, there was a 66-percent reduction in the areas occupied by this subspecies on the southern slope of the Cantabrian Mountains (Pollo et al . 2005, p. 401). Based on this data, the subpopulation in the eastern portion of the range appears to be declining at a faster rate than the subpopulation in the western portion of the range.
Conservation Status
Although Storch, et al. 2006 (p
22-year period, there was a 66-percent reduction in the areas occupied by this subspecies on the southern slope of the Cantabrian Mountains (Pollo et al . 2005, p. 401). Based on this data, the subpopulation in the eastern portion of the range appears to be declining at a faster rate than the subpopulation in the western portion of the range.
Conservation Status
Although Storch, et al. 2006 (p. 653) noted that the Cantabrian capercaillie meets the criteria to be listed as “Endangered” on the IUCN Redlist due to “rapid population declines, small population size, and severely fragmented range,” it is currently not classified as such by the IUCN. The species is classified as “vulnerable” in Spain under the National Catalog of Endangered Species. The species has not been formally considered for listing in the CITES Appendices ( http://www.cites.org ).
Summary of Factors Affecting the Cantabrian Capercaillie
A. Present or threatened destruction, modification, or curtailment of habitat or range
Numerous limiting factors influence the population dynamics of the capercaillie throughout its range, including habitat degradation, loss, and fragmentation (Storch 2000, p. 83; 2007, p. 96). Forest structure plays an important role in determining habitat suitability and occupancy. Quevedo et al . (2006b, p. 274) found that open forest structure with well-distributed bilberry shrubs were the preferred habitat type of Cantabrian capercaillie. Management of forest resources for timber production has caused and continues to cause significant changes in forest structure such as: species composition, density and height of tress, forest patch size, and understory vegetation (Pollo et al . 2005, p. 406).
The historic range occupied by this subspecies (3,500 km2 (1,350 mi2)) has declined by more than 50 percent (Quevedo et al . 2006b, p. 268)
nagement of forest resources for timber production has caused and continues to cause significant changes in forest structure such as: species composition, density and height of tress, forest patch size, and understory vegetation (Pollo et al . 2005, p. 406).
The historic range occupied by this subspecies (3,500 km2 (1,350 mi2)) has declined by more than 50 percent (Quevedo et al . 2006b, p. 268). The current range is severely fragmented, with low forest habitat cover (22 percent of the landscape) and most of the suitable habitat remaining in small patches less than 10 hectares (ha) (25 acres (ac)) in size (Garcia et al . 2005, p. 34). Patches of good-quality habitat are scarce and discontinuous, particularly in the central parts of the range (Quevedo et al . 2006b, p. 269), and leks in the smaller forest patches have been abandoned during the last few decades. The leks that remain occupied are now located farther from forest edges than those occupied in the 1980s (Quevedo et al . 2006b, p. 271).
Based on population surveys, forest fragments containing occupied leks in 2000 were significantly larger than fragments containing leks in the 1980s that have since been abandoned (Quevedo et al . 2006b, p. 271). The forest fragments from which the Cantabrian capercaillie has disappeared since the 1980s are small in size, and are the most isolated from other forest patches. In addition, the Cantabrian capercaillie have disappeared from forest patches located closest to the edge of the range in both the eastern and western subpopulations of the south slope of the Cantabrian Mountains, suggesting that forest fragmentation is playing an important role in the population dynamics of this subspecies (Quevedo et al . 2006b, p. 271). Research conducted on other subspecies of capercaillie indicate that the size of forest patches is correlated to the number of males that gather in leks to display, and that below a certain forest patch size, leks are abandoned (Quevedo et al . 2006b, p. 273)
esting that forest fragmentation is playing an important role in the population dynamics of this subspecies (Quevedo et al . 2006b, p. 271). Research conducted on other subspecies of capercaillie indicate that the size of forest patches is correlated to the number of males that gather in leks to display, and that below a certain forest patch size, leks are abandoned (Quevedo et al . 2006b, p. 273).
In highly fragmented landscapes, forest patches are embedded in a matrix of other habitats, and forest dwellers like capercaillies frequently encounter open areas within their home range. Quevedo et al . (2006a, p. 197) developed a habitat suitability model for the Cantarian capercaillie that assessed the relationship between forest patch size and occupancy. He determined that the subspecies still remains in habitat units that show habitat suitability indices below the cut-off values of the two best predictive models (decline and general), which may indicate a high risk of local extinction. Other researchers suggested that, should further habitat or connectivity loss occur, the Cantabrian capercaillie population may become so disaggregated that the few isolated subpopulations will be too small to ensure their own long-term persistence (Grimm and Storch 2000, p. 224).
A demographic model based on Bavarian alpine populations of capercaillie suggest a minimum viable population size of the order of 500 birds (Grimm and Storch 2000, p. 222). However, genetic data show clear signs of reduced variability in populations with numbers of individuals in the range of fewer than 1,000 birds, which indicates that a demographic minimum population of 500 birds may be too small to maintain high genetic variability (Segelbacher et al . 2003, p. 1779). Genetic consequences of habitat fragmentation exist for this species in the form of increased genetic differentiation due to increased isolation of populations (Segelbacher et al . 2003, p. 1779)
iduals in the range of fewer than 1,000 birds, which indicates that a demographic minimum population of 500 birds may be too small to maintain high genetic variability (Segelbacher et al . 2003, p. 1779). Genetic consequences of habitat fragmentation exist for this species in the form of increased genetic differentiation due to increased isolation of populations (Segelbacher et al . 2003, p. 1779). Therefore, anthropogenic habitat deterioration and fragmentation not only leads to range contractions and extinctions, but may also have significant genetic, and thus, evolutionary consequences for the surviving populations (Segelbacher et al . 2003, p. 1779).
Summary of Factor A
Recent population surveys show this subspecies is continuing to decline throughout its current range, and subpopulations may be isolated from one another due to range contractions in the eastern and western portions of its range, leaving the central portion of the subspecies range abandoned (Pollo et al . 2005, p. 401). Some remaining populations may already have a high risk of local extinction (Quevedo et al . 2006a, p. 197). Management of forest resources for timber production continues to negatively affect forest structure, thereby affecting the quality,
B. Overutilization for commercial, recreational, scientific, or educational purposes
Currently hunting of the Cantabrian capercaillie is illegal in Spain; however, illegal hunting still occurs (Storch 2000, p. 83; 2007, p. 96). Because this species congregates in leks, individuals are particularly easy targets, and poaching of protected grouse is considered common (Storch 2000, p. 15). It is unknown what the incidence of poaching is or what impact it is having on this subspecies; however, given the limited number of birds remaining and the reduced genetic variability already evident at current population levels, the further loss of breeding adults could have substantial impact on the subspecies
targets, and poaching of protected grouse is considered common (Storch 2000, p. 15). It is unknown what the incidence of poaching is or what impact it is having on this subspecies; however, given the limited number of birds remaining and the reduced genetic variability already evident at current population levels, the further loss of breeding adults could have substantial impact on the subspecies. Therefore, we find that overutilization for recreational purposes is a threat to the continued existence of the Cantabrian capercaillie throughout its range.
C. Disease or predation
Diseases and parasites have been proposed as factors associated with the decline of populations of other species within the same family of birds as the capercaillie (Tetraonidae) (Obeso et al . 2000, p. 191). In an attempt to determine if parasites were contributing to the decline of the Cantabrian capercaillie, researchers collected and analyzed fecal samples in 1998 from various localities across the range of this subspecies. The prevalence of common parasites ( Eimeria sp. and Capillaria sp.) was present in 58 percent and 25 percent of the samples collected, respectively. However, both the intensity and average intensity of these parasites were very low compared to other populations of species of birds in the Tetraonidae family. Other parasites were found infrequently. The researchers concluded that it was unlikely that intestinal parasites were causing the decline of the Cantebrian capercaillie.
Based on the information above, we do not believe that parasite infestations are a significant factor in the decline of this subspecies. We are not aware of any species-specific information currently available that indicates that predation poses a threat to the species. Therefore, we are not considering disease or predation to be contributing threats to the continued existence of the Cantabrian capercaillie throughout its range.
D
o not believe that parasite infestations are a significant factor in the decline of this subspecies. We are not aware of any species-specific information currently available that indicates that predation poses a threat to the species. Therefore, we are not considering disease or predation to be contributing threats to the continued existence of the Cantabrian capercaillie throughout its range.
D. Inadequacy of existing regulatory mechanisms
Although it meets the qualifications, the Cantabrian capercaillie is currently not classified as endangered by the IUCN. Nor is the species listed under any Appendix of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).
This subspecies is currently classified as “vulnerable” in Spain under the National Catalog of Endangered Species, which affords it special protection (e.g., additional regulation of activities in the forests of its range, regulation of trails and roads in the area, elimination of poaching, and protection of areas important to young). Although it is classified as vulnerable, as mentioned above (see Factor B), illegal hunting still occurs.
The European Union (EU) Habitat Directive 92/43/EEC addresses the protection of habitat and species listed as endangered at the European scale (European Union 2008). Several habitat types valuable to capercaillie have been included in this Directive, such as in Appendix I, Section 9, Forests. The EU Bird Directive (79/407/EEC) lists the capercaillie in Annex I as a “species that shall be subject to special habitat conservation measures in order to ensure their survival.” Under this Directive, a network of Special Protected Areas (SPAs) comprising suitable habitat for Annex I species is to be designated. This network of SPAs and other protected sites are collectively referred to as Natura 2000. Several countries in Europe, including Spain, are in the process of establishing the network of SPAs
pecial habitat conservation measures in order to ensure their survival.” Under this Directive, a network of Special Protected Areas (SPAs) comprising suitable habitat for Annex I species is to be designated. This network of SPAs and other protected sites are collectively referred to as Natura 2000. Several countries in Europe, including Spain, are in the process of establishing the network of SPAs. The remaining Cantabrian capercaillie populations occur primarily in recently established Natural Reserves in Spain that are part of the Natura 2000 network (Muniellos Biosphere Reserve). Management of natural resources by local communities is still allowed in areas designated as an SPA; however, the development of management plans to meet the various objectives of the Reserve network is required.
This subspecies is also afforded special protection under the Bern Convention (Convention on the Conservation of European Wildlife and Natural Habitats; European Treaty Series/104; Council of Europe 1979). The Cantabrian capercaillie is listed as “strictly protected” under Appendix II, which requires member states to ensure the conservation of the listed taxa and their habitats. Under this Convention, protections of Appendix-II species include the prohibition of: The deliberate capture, keeping and killing of the species; deliberate damage or destruction of breeding sites; deliberate disturbance during the breeding season; deliberate taking or destruction of eggs; and the possession or trade of any individual of the species. We were unable to find information on the effectiveness of this designation in preventing further loss of Cantabrian capercaillie or its habitat.
In November 2003, Spain enacted the “Forest Law,” which addresses the preservation and improvement of the forest and rangelands in Spain
ing season; deliberate taking or destruction of eggs; and the possession or trade of any individual of the species. We were unable to find information on the effectiveness of this designation in preventing further loss of Cantabrian capercaillie or its habitat.
In November 2003, Spain enacted the “Forest Law,” which addresses the preservation and improvement of the forest and rangelands in Spain. This law requires development of plans for the management of forest resources, which are to include plans for fighting forest fires, establishment of danger zones based on fire risk, formulation of a defense plan in each established danger zone, the mandatory restoration of burned area, and the prohibition of changing forest use of a burned area into other uses for a period of 30 years. In addition, this law provides economic incentives for sustainable forest management by private landowners and local entities. We do not have information on the effectiveness of this law with regard to its ability to prevent negative impacts to Cantabrian capercaillie habitat.
Summary of Factor D
Despite recent advances in protection of this subspecies and its habitat through EU Directives and protection under Spanish law and regulation, illegal poaching still occurs (Storch 2000, p. 83; 2007, p. 96). Further, we were unable to find information on the effectiveness of many of these measures at reducing threats to the species. Therefore, we find that existing regulatory mechanisms are inadequate to ameliorate the current threats to the Cantabrian capercaillie throughout its range.
E. Other natural or manmade factors affecting the species' continued existence
Suarez-Seoane and Roves (2004, pp. 395, 401) assessed the potential impacts of human disturbances in core populations of Cantabrian capercaillie in Natural Reserves in Spain. They found that locations selected as leks were located at the core of larger patches of forest and were less subject to human disturbance
ge.
E. Other natural or manmade factors affecting the species' continued existence
Suarez-Seoane and Roves (2004, pp. 395, 401) assessed the potential impacts of human disturbances in core populations of Cantabrian capercaillie in Natural Reserves in Spain. They found that locations selected as leks were located at the core of larger patches of forest and were less subject to human disturbance. They also found
Recurring fires have also been implicated as a factor in the decline of the subspecies. An average of 85,652 ha (211,650 ac) of forested area per year over a 10-year period (1995-2005) has been consumed by fire in Spain (Lloyd 2007a, p. 1). On average, 80 percent of all fires in Spain are set intentionally by humans (Lloyd 2007a, p. 1). Suarez-Seoane and Garcia-Roves (2004, p. 405) found that the stability of Cantabrian capercaillie breeding areas throughout a 20-year period was mainly related to low fire recurrence in the surrounding area and few houses nearby. In addition, the species avoids areas that are recurrently burned because the areas lose their ability to regenerate and cannot produce the habitat the species requires (Suarez-Seoane and Garcia-Roves 2004, p. 406). We were unable to find information as to how many hectares of suitable Cantabrian capercaillie habitat is consumed by fire each year. However, since the species requires a low recurrence of fire, and both disturbance and fire frequency are likely to increase with human presence, this could be a potential threat to both habitat and individual birds where there is a high prevalence of disturbance and fire frequency.
In summary, disturbance from humans appears to impact the species; birds are typically found in areas of less anthropogenic disturbance and further from homes. Natural Protected Areas in Spain have seen an increase in human use for recreation and hunting
ence, this could be a potential threat to both habitat and individual birds where there is a high prevalence of disturbance and fire frequency.
In summary, disturbance from humans appears to impact the species; birds are typically found in areas of less anthropogenic disturbance and further from homes. Natural Protected Areas in Spain have seen an increase in human use for recreation and hunting. As human population centers expand and move closer to occupied habitat areas, increased disturbance to important breeding, feeding, and sheltering behaviors of this species is expected to occur. Additionally, as human presence increases, it is likely that both fires and disturbances will increase. Either or both of these factors have the potential to impact both individuals and their habitat. Therefore, we conclude that other natural or manmade factors affecting the continued existence of the species, in the form of forest fires and disturbance, are threats to the continued existence of the Cantabrian capercaillie throughout its range.
Status Determination for the Cantabrian Capercaillie
We have carefully assessed the best available scientific and commercial information regarding the past, present, and potential future threats faced by the Cantabrian capercaillie. The species is currently at risk throughout all of its range due to ongoing threats of habitat destruction and modification (Factor A), inadequacy of existing regulatory mechanisms (Factor D), and other natural or manmade factors affecting its continued existence in the form of forest fires and disturbance (Factor E)
past, present, and potential future threats faced by the Cantabrian capercaillie. The species is currently at risk throughout all of its range due to ongoing threats of habitat destruction and modification (Factor A), inadequacy of existing regulatory mechanisms (Factor D), and other natural or manmade factors affecting its continued existence in the form of forest fires and disturbance (Factor E).
Section 3 of the Act defines an “endangered species” as “any species which is in danger of extinction throughout all or a significant portion of its range” and a “threatened species” as “any species which is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range.” Based on the magnitude of the ongoing threats to the Cantabrian capercaillie throughout its entire range, as described above, we determine that this subspecies is in danger of extinction throughout all of its range. Therefore, on the basis of the best available scientific and commercial information, we propose to list the Cantabrian capercaillie as an endangered species throughout all of its range. Because we find that the Cantabrian capercaillie is endangered throughout all of its range, there is no reason to consider its status in a significant portion of its range.
II. Eiao Polynesian warbler ( Acrocephalus percernis aquilonis ), previously referred to as Acrocephalus mendanae aquilonis and Acrocephalus caffer aquilonis
Species Description
Due to the similarity of the reed-warblers of Polynesia, all of these warblers were once considered a single, widespread species known as the long-billed reed-warbler ( Acrocephalus caffer ). The 1980 petition from Dr. Warren B. King included the Eiao Polynesian warbler ( Acrocephalus caffer aquilonis ), a subspecies of reed-warbler. The subspecies aquilonis denoted those warblers found on Eiao Island. The species was later split into three separate species: those of the Society Islands ( Acrocephalus caffer ), Tuamotu ( A
known as the long-billed reed-warbler ( Acrocephalus caffer ). The 1980 petition from Dr. Warren B. King included the Eiao Polynesian warbler ( Acrocephalus caffer aquilonis ), a subspecies of reed-warbler. The subspecies aquilonis denoted those warblers found on Eiao Island. The species was later split into three separate species: those of the Society Islands ( Acrocephalus caffer ), Tuamotu ( A. atyphus ), and Marquesas ( A. mendanae ) (Cibois et al . 2007, p. 1151). This subspecies then became known as A. mendanae aquilonis . Recent genetic research on Marquesan reed-warblers found two independent lineages: warblers found in the northern islands of the Marquesas Archipelago (Nuku Hiva, Eiao, Hatuta'a, and Ua Huka) and those found on the southern islands (Hiva Oa, Tahuata, Ua Pou, and Fatu Iva). As a result, the Marquesas species was split into two separate species; those of the four most northern islands ( A. percernis ) and those in the southern islands ( A. mendanae ). The reed-warblers found on Eiao are now classified as a subspecies of Northern Marquesan reed-warblers ( A. percernis aquilonis ) (Cibois et al . 2007, pp. 1155, 1160).
The Eiao Polynesian warbler (Eiao warbler) is a large, insectivorous reed-warbler of the family Acrocephalidae. It is characterized by brown plumage with bright yellow underparts (Cibois et al . 2007, p. 1151). The Eiao warbler is endemic to the island of Eiao in the French Polynesian Marquesas Archipelago in the Pacific Ocean. The Marquesas Archipelago is a territory of France located approximately 1,600 km (994 mi) northeast of Tahiti. Eiao Island is one of the northernmost islands in the Archipelago and encompasses 40 km2 (15 mi).
Population densities of the Eiao warbler are thought to be high within the remaining suitable habitat; one singing bird was found nearly every 40-50 m (131-164 ft). The total population is estimated at more than 2,000 birds (Raust 2007, pers. comm.)
proximately 1,600 km (994 mi) northeast of Tahiti. Eiao Island is one of the northernmost islands in the Archipelago and encompasses 40 km2 (15 mi).
Population densities of the Eiao warbler are thought to be high within the remaining suitable habitat; one singing bird was found nearly every 40-50 m (131-164 ft). The total population is estimated at more than 2,000 birds (Raust 2007, pers. comm.). This population estimate is much larger than the 100-200 individuals last reported in 1987 by Thibault (as reported in USFWS 2007). It is unknown if the population actually increased from 1987 to 2007, or if the differences in the population estimates are a result of using different survey methodologies. We have no reliable information on the population trend of this subspecies.
Reed-warblers of the Polynesian islands utilize various habitats, ranging from shrubby vegetation in dry, lowland areas to humid forest in wet montane areas (Cibois et al . 2007, pp. 1151, 1153). Reed-warblers in general display strong territorial behavior (Cibois et al . 2007, p. 1152). The Eiao warbler is a subspecies of Northern Marquesan reed- warblers, which at one time were all considered one species, the Marquesan reed-warbler. Like other reed-warblers, the female reed-warbler builds the nest with little or no help from the male. Vines, coconut fiber, and grasses are the most common nesting material (Mosher and Fancy 2002, p. 8). Warbler nests are found in the tops of trees and on vertical branches (Thibault et al . 2002, pp. 166, 169). Eggs of Pacific island reed-warblers range from blue to olive, containing black or brown spots, and the clutch size for Marquesan reed-warblers is up to five eggs (Mosher and Fancy 2002, p. 9).
Conservation Status
Marquesan reed-warblers ( A. mendanae ) are classified as “of least concern” by the IUCN (IUCN 2009a, unpaginated). However, it appears that the recent split of the Marquesan reed- A. percernis ) are protected under Law Number 95-257 in French Polynesia
ng black or brown spots, and the clutch size for Marquesan reed-warblers is up to five eggs (Mosher and Fancy 2002, p. 9).
Conservation Status
Marquesan reed-warblers ( A. mendanae ) are classified as “of least concern” by the IUCN (IUCN 2009a, unpaginated). However, it appears that the recent split of the Marquesan reed- A. percernis ) are protected under Law Number 95-257 in French Polynesia. The species has not been formally considered for listing in the CITES Appendices ( http://www.cites.org ).
Summary of Factors Affecting the Species
A. Present or threatened destruction, modification, or curtailment of habitat or range
Eiao Island was declared a Nature Reserve in 1971 and is not currently inhabited by humans. However, the entire island has been heavily impacted by introduced domestic livestock that have become feral (Manu 2009, unpaginated). Feral sheep have been identified as the main threat to the forest on the island (Thibault et al . 2002, p. 167). Sheep and pigs have devastated much of the vegetation and soil on Eiao, and native plant species have been largely replaced by introduced species (Merlin and Juvik 1992, pp. 604-606). Sheep have overgrazed the island, leaving areas completely denuded of vegetation. The exposed soil erodes from rainfall, further preventing native plants from regenerating (WWF 2001, unpaginated). Currently, only 10-20 percent of the island contains suitable habitat for the Eiao warbler (Raust 2007, pers. comm.). These areas of suitable habitat are likely restricted to small refugia inaccessible to the feral livestock. We are not aware of any current efforts or future plans to reduce the number of feral domestic livestock on the island.
In summary, the ongoing habitat degradation from overgrazing livestock continues to have significant and ongoing impacts to the natural habitat for this subspecies. The current level of grazing on the island prevents recovery of native vegetation
essible to the feral livestock. We are not aware of any current efforts or future plans to reduce the number of feral domestic livestock on the island.
In summary, the ongoing habitat degradation from overgrazing livestock continues to have significant and ongoing impacts to the natural habitat for this subspecies. The current level of grazing on the island prevents recovery of native vegetation. Without active management of the feral livestock population on the island, the population of Eiao warblers will continue to be restricted to small portions of the island which are inaccessible to the feral livestock. Furthermore, although the current estimated population is 2,000 individuals, the subspecies will not be able to expand to the rest of the island and recover beyond this current population level due to habitat loss. Because the Eiao warbler is limited to one small island, the continuing loss of habitat makes this subspecies extremely vulnerable to extinction. Therefore, we find that present or threatened destruction, modification, or curtailment of the habitat or range are threats to the continued existence of the Eiao warbler throughout its range.
B. Overutilization for commercial, recreational, scientific, or educational purposes
We are unaware of any information currently available that indicates the use of this subspecies for any commercial, recreational, scientific, or educational purpose. As a result, we are not considering overutilization for commercial, recreational, scientific, or educational purposes to be a contributing factor to the continued existence of the Eiao warbler throughout its range.
C. Disease or predation
Avian diseases are a concern for species with restricted ranges and small populations, especially if the species is restricted to an island. Hawaii's avian malaria is a limiting factor for many species of native passerines and is dominant on other remote oceanic islands, including French Polynesia (Beadell et al . 2006, p. 2935)
of the Eiao warbler throughout its range.
C. Disease or predation
Avian diseases are a concern for species with restricted ranges and small populations, especially if the species is restricted to an island. Hawaii's avian malaria is a limiting factor for many species of native passerines and is dominant on other remote oceanic islands, including French Polynesia (Beadell et al . 2006, p. 2935). This strain was found in 9 out of 11 Marquesan reed-warblers collected on Nuku Hiva in 1987. However, because these birds were thought to be more robust (all Marquesan reed-warblers were considered A. mendanae ), avian malaria was not thought to pose a threat to the species (Beadell et al . 2006, p. 2940). We have no data on whether Hawaii's avian malaria is present on Eiao or what effects it may have on the population of reed-warblers.
Black rats ( Rattus rattus ) were introduced to Eiao, Nuku Hiva, Ua Pou, Hiva Oa, Tahuata, and Fatu Iva of the Marquesas Archipelago in the early 20th century (Cibois et al . 2007, p. 1159); although Thibault et al . (2002, p. 169) state that the presence of black rats on Eiao is only suspected. A connection between the presence of rats and the decline and extirpation of birds has been well documented (Blanvillain et al . 2002, p. 146; Thibault et al . 2002, p 162; Meyer and Butaud 2009, pp. 1169-1170). Specifically, predation on eggs, nestlings, or adults by rats has been implicated as an important factor in the extinction of Pacific island birds (Thibault et al . 2002, p. 162). However, Thibault et al . (2002, pp. 165, 169) did not find a significant effect of rats on the abundance of Polynesian warblers. It is thought that the position of warbler nests on vertical branches close to the tops of trees makes them less accessible to rats (Thibault et al . 2002, p. 169), even though rats are known to be good climbers
n of Pacific island birds (Thibault et al . 2002, p. 162). However, Thibault et al . (2002, pp. 165, 169) did not find a significant effect of rats on the abundance of Polynesian warblers. It is thought that the position of warbler nests on vertical branches close to the tops of trees makes them less accessible to rats (Thibault et al . 2002, p. 169), even though rats are known to be good climbers.
The common myna ( Acridotheres tristis ), an introduced bird species, may contribute to the spread of invasive plant species by consuming their fruit and may also prey on the eggs and nestlings of native birds species or out-compete native bird species for nesting sites. The myna is thought to have contributed to the decline of another reed-warbler endemic to the Marquesas ( A. caffer mendanae ) (Global Invasive Species Database 2009, unpaginated). Mynas do not currently occur on Eiao Island. Furthermore, Thibault et al . (2002, p. 165) found no significant effect of mynas on Polynesian warblers in Marquesas. If the myna expands its range and colonizes Eiao Island, it is unknown to what extent predation would affect the Eiao warbler.
In summary, although the presence of avian malaria has been documented on Eiao and the presence of introduced rats is suspected, there is no data indicating that either is affecting the warbler population on Eiao. Nest location appears to be high enough in the trees to avoid significant predation from the introduced rat. Mynas are not known to inhabit Eiao Island, and it is not clear that they would negatively impact the warbler population if they were to colonize Eiao. Therefore, we find that disease and predation are not a threat to the continued existence of the Eiao warbler throughout its range.
D. Inadequacy of existing regulatory mechanisms
The Eiao warbler is a protected species in French Polynesia. Northern Marquesan reed-warblers ( A. percernis ) are classified as a Category A species under Law Number 95-257
population if they were to colonize Eiao. Therefore, we find that disease and predation are not a threat to the continued existence of the Eiao warbler throughout its range.
D. Inadequacy of existing regulatory mechanisms
The Eiao warbler is a protected species in French Polynesia. Northern Marquesan reed-warblers ( A. percernis ) are classified as a Category A species under Law Number 95-257. Article 16 of this law prohibits the collection and exportation of species listed under Category A. In addition, under part 23 of Law 95-257, the introduced myna bird species, which is commonly known to outcompete other bird species, is considered a danger to the local avifauna and is listed as “threatening biodiversity.” Part 23 also prohibits importation of all new specimens of species listed as “threatening biodiversity,” and translocation from one island to another is prohibited.
The French Environmental Code, Article L411-1, prohibits the destruction or poaching of eggs or nests; mutilation, destruction, capture or poaching, intentional disturbance, the practice of taxidermy, transport, peddling, use, possession, offer for sale, and the sale or the purchase of nondomestic species in need of conservation. It also prohibits the destruction, alteration, or degradation of habitat for these species.
Hunting and destruction of all species of birds in French Polynesia were prohibited by a 1967 decree (Villard et al . 2003, p. 193); however, destruction of birds which have been listed as “threatening biodiversity” is legal. Furthermore, restrictions on possession of firearms in Marquesas are in place (Thorsen et al . 2002, p. 10). Hunting is not known to be a threat to the survival of this subspecies.
In addition, the entire island Eiao Island was declared an officially protected area in 1971. It is classified as Category IV, an area managed for habitat or species. However, of the nine protected areas in French Polynesia, only one (Vaikivi on Ua Huka) is actively managed (Manu 2009, unpaginated)
rsen et al . 2002, p. 10). Hunting is not known to be a threat to the survival of this subspecies.
In addition, the entire island Eiao Island was declared an officially protected area in 1971. It is classified as Category IV, an area managed for habitat or species. However, of the nine protected areas in French Polynesia, only one (Vaikivi on Ua Huka) is actively managed (Manu 2009, unpaginated).
In summary, regulations exist that protect the subspecies and its habitat. However, as described under Factor A, habitat destruction continues to threaten this subspecies. Although legal protections are in place, there are none effectively protecting the suitable habitat on the island from damage from overgrazing sheep as described in Factor A. Therefore, we find that the existing regulatory mechanisms are inadequate to ameliorate the current threats to the Eiao warbler throughout its range.
E. Other natural or manmade factors affecting the species' continued existence
Island populations have a higher risk of extinction than mainland populations. Ninety percent of bird species that have been driven to extinction were island species (as cited in Frankham 1997, p. 311). Based on genetics alone, endemic island species are predicted to have higher extinction rates than nonendemic island populations (Frankham 2007, p. 321). Small, isolated populations may experience decreased demographic viability (population birth and death rates, immigration and emigration rates, and sex ratios), increased susceptibility of extinction from stochastic environmental factors (e.g., weather events, disease), and an increased threat of extinction from genetic isolation and subsequent inbreeding depression and genetic drift.
Although the population of Eiao warblers appears to be stable, the subspecies is found on only one island and is vulnerable to stochastic events. Furthermore, the warblers are limited to the fraction of the island's area that contains suitable habitat
g., weather events, disease), and an increased threat of extinction from genetic isolation and subsequent inbreeding depression and genetic drift.
Although the population of Eiao warblers appears to be stable, the subspecies is found on only one island and is vulnerable to stochastic events. Furthermore, the warblers are limited to the fraction of the island's area that contains suitable habitat. Eradication of feral livestock is needed to allow recovery of native vegetation and provide additional suitable habitat throughout the island. Expansion and recovery of native vegetation will permit the subspecies to recover beyond the current population of 2,000 individuals and buffer the subspecies against impacts from stochastic events.
In summary, the limited range of the Eiao warbler makes this subspecies extremely vulnerable to stochastic events and, therefore, extinction. Additional habitat is needed to expand the population and buffer the subspecies from the detrimental effects typical of small island populations. Therefore, we find that other natural or manmade factors threaten the continued existence of the Eiao warbler throughout its range.
Status Determination for the Eiao Polynesian Warbler
We have carefully assessed the best available scientific and commercial information regarding the past, present, and potential future threats faced by the Eiao Polynesian warbler. The subspecies is currently at risk on Eiao Island due to ongoing threats of habitat destruction and modification (Factor A) and stochastic events associated with the subspecies' restricted range (Factor E). Furthermore, we have determined that the existing regulatory mechanisms (Factor D) are not adequate to ameliorate the current threats to the subspecies
ts faced by the Eiao Polynesian warbler. The subspecies is currently at risk on Eiao Island due to ongoing threats of habitat destruction and modification (Factor A) and stochastic events associated with the subspecies' restricted range (Factor E). Furthermore, we have determined that the existing regulatory mechanisms (Factor D) are not adequate to ameliorate the current threats to the subspecies.
Section 3 of the Act defines an “endangered species” as “any species which is in danger of extinction throughout all or a significant portion of its range,” and a “threatened species” as “any species which is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range.” Based on the magnitude of the ongoing threats to the Eiao Polynesian warbler throughout its entire range, as described above, we determine that this subspecies is in danger of extinction throughout all of its range. Therefore, on the basis of the best available scientific and commercial information, we propose to list the Eiao Polynesian warbler as an endangered subspecies throughout all of its range. Because we find that the Eiao Polynesian warbler is endangered throughout all of its range, there is no reason to consider its status in a significant portion of its range.
III. Greater Adjutant ( Leptoptilos dubiu )
Species Description
The greater adjutant ( Leptoptilos dubius ) is a very large (145 to 150 cm long (4.7 to 4.9 ft)) species of stork in the family Ciconiidae. This species is characterized by a naked pink head and a low-hanging neck pouch. Its bill is very thick and yellow in color. The plumage ruff of the neck is white, and other than a pale grey leading edge on each wing, the rest of the greater adjutant's body is dark grey (Birdlife International (BLI) 2009a, unpaginated).
This species of bird once was common across much of Southeast Asia, occurring in India, Bangladesh, Burma, Thailand, Cambodia, Malaysia, Myanmar, Vietnam, Sumatra, Java, and Borneo
and yellow in color. The plumage ruff of the neck is white, and other than a pale grey leading edge on each wing, the rest of the greater adjutant's body is dark grey (Birdlife International (BLI) 2009a, unpaginated).
This species of bird once was common across much of Southeast Asia, occurring in India, Bangladesh, Burma, Thailand, Cambodia, Malaysia, Myanmar, Vietnam, Sumatra, Java, and Borneo. Large breeding colonies occurred in Myanmar; however, this colony collapsed in the mid-1900s (Singha and Rahmani 2006, p. 264).
The current distribution of this species consists of two breeding populations, one in India and the other in Cambodia. Recent sighting records of this species from the neighboring countries of Nepal, Bangladesh, Vietnam, and Thailand are presumed to be wandering birds from one of the two populations in India and Cambodia (BLI 2009a, unpaginated).
India: The most recent range-wide population estimate for this species in India (600 to 800 birds) comes from data collected in 1995 through 1996 (Singha et al . 2003, p. 146). Approximately 11 breeding sites are located in the Brahmaputra Valley in the State of Assam (Singha et al . 2003, p.147). Recent information indicates that populations of this species continue to decline in India. At two breeding sites near the city of Guwahati in the State of Assam, the most recent survey data show that the number of breeding birds has declined from 247 birds in 2005 to 118 birds in 2007 (Hindu 2007, unpaginated).
In India, much of the greater adjutant's native habitat has been lost. The greater adjutant uses habitat in three national parks in India; however, almost all nesting colonies in India are found outside of the national parks. The greater adjutant often occurs close to urban areas; the species feeds in and around wetlands in the breeding season, and disperses to scavenge at trash dumps, burial grounds, and slaughter houses at other times of the year
tat has been lost. The greater adjutant uses habitat in three national parks in India; however, almost all nesting colonies in India are found outside of the national parks. The greater adjutant often occurs close to urban areas; the species feeds in and around wetlands in the breeding season, and disperses to scavenge at trash dumps, burial grounds, and slaughter houses at other times of the year. The natural diet of the greater adjutant consists primarily of fish, frogs, reptiles, small mammals and birds, crustaceans, and carrion (Singha and Rahmani 2006, p. 266).
This species breeds in colonies during the dry season (winter) in stands of tall trees near water sources. In India, the greater adjutant prefers to nest in large, widely branched trees in a tightly spaced colony with little foliage cover and food sources nearby (Singha et al . 2002, p. 214). The breeding sites are also commonly associated with bamboo forests which provide protection from et al . 2002, p. 218). Each adult female greater adjutant commonly lays two eggs each year (Singha and Rahmani 2006, p. 266).
Cambodia: Currently there are two known breeding populations in Cambodia. The larger of these two populations occurs in the Tonle Sap Biosphere Reserve (TSBR) near Tonle Sap Lake and has recently been estimated at 77 breeding pairs (Clements et al . 2007, p. 7). The Tonle Sap floodplain (and associated rivers) is considered one of the few remaining remnants of freshwater swamp forest in the region. Approximately 5,490 km2 (2,120 mi2) of the freshwater swamp forest ecoregion is protected in Cambodia. Of this amount, the Tonle Sap Great Lake Protected Area (which includes the Tonle Sap floodplain) makes up 5,420 km2 (2,092 mi2) of that protected habitat (WWF 2007, p. 3).
A smaller population of greater adjutants was recently discovered in the Kulen Promtep Wildlife Sanctuary in the Northern Plains of Cambodia. This population has been estimated at 40 birds (Clements 2008, pers. comm.; BLI 2009, unpaginated)
the Tonle Sap Great Lake Protected Area (which includes the Tonle Sap floodplain) makes up 5,420 km2 (2,092 mi2) of that protected habitat (WWF 2007, p. 3).
A smaller population of greater adjutants was recently discovered in the Kulen Promtep Wildlife Sanctuary in the Northern Plains of Cambodia. This population has been estimated at 40 birds (Clements 2008, pers. comm.; BLI 2009, unpaginated). Although other breeding sites have not yet been found in Cambodia, researchers expect that the greater adjutant may nest along the Mekong River in the eastern provinces of Mondulkiri, Ratanakiri, Stung Treng, and Kratie in Cambodia (Clement 2008, pers. comm.).
In Cambodia, the greater adjutant breeds in freshwater flooded forest, and disperses to seasonally inundated forest, tall wet grasslands, mangroves, and intertidal flats to forage. These forests are characterized by deciduous tropical hardwoods (Dipterocarpaceae family) and semi-evergreen forest (containing a mix of deciduous and evergreen trees) interspersed with meadows, ponds, and other wetlands (WWF 2006b, p. 1).
Conservation Status
The IUCN classifies the greater adjutant as critically endangered. In India, the greater adjutant is listed under Schedule I of the Indian Wildlife Protection Act of 1972. The species is not listed in the Appendices of CITES ( http://www.cites.org ).
Summary of Factors Affecting the Greater Adjutant
A. Present or threatened destruction, modification, or curtailment of habitat or range
India: The greater adjutant occurs in Kaziranga, Manas, and Diburu-Saikhowa National Parks. However, nearly all breeding sites for this species are located outside of protected areas (Singha et al . 2003, p. 148). The ongoing loss of habitat through habitat conversion for development and agriculture is a primary threat to the greater adjutant. The clearing of trees that are suitable for breeding sites is a serious threat to this species
ziranga, Manas, and Diburu-Saikhowa National Parks. However, nearly all breeding sites for this species are located outside of protected areas (Singha et al . 2003, p. 148). The ongoing loss of habitat through habitat conversion for development and agriculture is a primary threat to the greater adjutant. The clearing of trees that are suitable for breeding sites is a serious threat to this species. The recent decline in the population at the breeding colonies near Guwahai, India, is believed to be caused by tree removal at the breeding site and filling of wetlands in an area near the city that had been used by the greater adjutant as feeding areas (Hindu 2007, unpaginated). These activities were undertaken for the purpose of expanding residential developments in the city. The species is also seasonally dependent on wetlands for forage. These sites are impacted in India by drainage, encroachment, and overfishing. For instance, some sites have reportedly experienced encroachment from rice cultivation (BLI 2001, p. 284).
Singha et al . 2002 (pp. 218-219) found that preferred nest trees were significantly larger and different in structure to non-nest trees near Nagaon in central Assam. The nest trees were large and widely branched with thin foliage cover (Singha et al . 2002, p. 214). Researchers believe that removal of preferred nesting trees at breeding may result in adjutants nesting in suboptimal trees at existing nest sites or relocating to other suboptimal nest sites. The trees and their limbs at suboptimal breeding sites are smaller in diameter, and the structure of the limbs does not always support the combined weight of the nest, adults, and chicks. As chicks grow older, nest limbs often break, sending the half grown chicks tumbling from the nest. Approximately 15 percent of chicks die after falling from their nests, for a variety of causes, including injuries and abandonment (Singha et al . 2006, p. 315)
sites are smaller in diameter, and the structure of the limbs does not always support the combined weight of the nest, adults, and chicks. As chicks grow older, nest limbs often break, sending the half grown chicks tumbling from the nest. Approximately 15 percent of chicks die after falling from their nests, for a variety of causes, including injuries and abandonment (Singha et al . 2006, p. 315). Some efforts have been made to reduce chick mortality, like those employed at two breeding sites near Nagaon from 2001 to 2003 (Singha et al . 2006, pp. 315-320). Safety nets are placed under the canopy of nest trees to catch falling chicks. Chicks are either replaced in their nest, if on-site monitors can determine which nest the chick came from, or raised in captivity and later released. Juvenile birds were monitored after their release, and the program is considered a success (Singha and Rahmani 2006, p. 268; Singha et al . 2006, pp. 315-320). Though some efforts have been undertaken to reduce chick mortality due to falls from nests, loss of chicks based on nesting in sub-optimal breeding sites is likely still occurring at other breeding sites.
Cambodia: The largest breeding colonies are located in the Tonle Sap Biosphere Reserve, which consists primarily of the Tonle Sap Lake and its floodplain. A second breeding population occurs in the Kulen Promtep Wildlife Sanctuary in the Northern Plains. Poole (2002, p. 35) reported that large nesting trees around Cambodia's Tonle Sap floodplain, particularly crucial to greater adjutants for nesting, are under increasing pressure by felling for firewood and building material. Poole (2002, p. 35) concluded that a lack of nesting trees, both at Tonle Sap and in the Northern Plains, may be the most serious threat in the future to large water bird colonies.
The Mekong River Basin flows through several countries in Southeast Asia, including Tibet, China, Myanmar, Vietnam, Thailand, Cambodia, and Laos, traveling over 4,800 km (2,980 mi) from start to finish
lding material. Poole (2002, p. 35) concluded that a lack of nesting trees, both at Tonle Sap and in the Northern Plains, may be the most serious threat in the future to large water bird colonies.
The Mekong River Basin flows through several countries in Southeast Asia, including Tibet, China, Myanmar, Vietnam, Thailand, Cambodia, and Laos, traveling over 4,800 km (2,980 mi) from start to finish. In Cambodia, the Mekong River flows into the Tonle Sap floodplain. Tonle Sap Lake expands and contracts throughout the year as a result of rainfall from monsoons and the flow of the Mekong River. The lake acts as a storage reservoir at different times of the year to regulate flooding in the Mekong Delta (Davidson 2005, p. 3). This flooding also results in flooded forests and shrublands, which provides seasonal habitat to several species. The Tonle Sap Biosphere Reserve is one of Southeast Asia's most important wetlands for biodiversity and is particularly crucial for birds, reptiles, and plant assemblages (Davidson 2005, p. 6).
Upstream developments in the Mekong have already led to significant trapping of sediments and nutrients in upstream reservoirs, which could lead to increased bed and bank erosion downstream, as well as decreased productivity (Kummu and Varis 2007, pp. 289, 291). According to the Asian Development Bank (ADB 2005, p. 2), 13 dams have been built, are being built, or are proposed to be built along the Mekong River. Proposed hydroelectric dams along the Mekong River in countries upstream from Cambodia have the potential to adversely affect the habitat of the greater adjutant by affecting the hydrology of the basin and reducing the overall foraging habitat and the abundance of prey species during the breeding season (Clements et al . 2007, p. 59)
being built, or are proposed to be built along the Mekong River. Proposed hydroelectric dams along the Mekong River in countries upstream from Cambodia have the potential to adversely affect the habitat of the greater adjutant by affecting the hydrology of the basin and reducing the overall foraging habitat and the abundance of prey species during the breeding season (Clements et al . 2007, p. 59). In addition, decline in productivity of the habitat, and thereby prey species abundance, may increase competition for food, and increased releases from upstream dams during the dry season could result in permanent flooding of these forests that will eventually kill the trees in these areas et al . 2007, p. 59). Under some scenarios, up to half of the core area (21,342 ha (52,737 ac)) of the Prek Toal area in the Tonle Sap Biosphere Reserve could be affected.
Summary of Factor A
This species continues to face significant ongoing threats to its breeding and foraging habitat in both India and Cambodia. In India, activities such as the draining and filling of wetlands (Hindu 2007, unpaginated), removal of nest trees, and encroachment on habitat significantly impact this species (BLI 2001, p. 284). In Cambodia, threats include tree removal (Poole 2002, p. 35) and large-scale hydrologic changes due to existing dams and proposed dam construction (Clements et al . 2007, p. 59; Kummu and Varis, pp. 287-288). The latter threat could potentially eliminate habitat in protected areas such as the Tonle Sap Biosphere Reserve, and it could additionally reduce productivity of these areas, which would further impact the species by affecting the foraging base and potentially increasing competition with other species (Clements et al . 2007, p. 59). Therefore, we find that the present or threatened destruction, modification, or curtailment of the habitat or range is a threat to the continued existence of the greater adjutant throughout its range.
B
reduce productivity of these areas, which would further impact the species by affecting the foraging base and potentially increasing competition with other species (Clements et al . 2007, p. 59). Therefore, we find that the present or threatened destruction, modification, or curtailment of the habitat or range is a threat to the continued existence of the greater adjutant throughout its range.
B. Overutilization for commercial, recreational, scientific, or educational purposes
Local communities collect bird eggs and chicks for consumption and for trade in both India and Cambodia. This is considered a primary threat to the birds in Cambodia, where fledglings are also taken (Clements 2008, pers. comm.). Due to their rarity, greater adjutants are believed to have a high market value, which increases the likelihood this type of activity will continue. The implementation of bird nest protection programs has been developed by the Wildlife Conservation Society, working with local villages such as the program at Kulen Promtep Wildlife Sanctuary (ACCB 2009, unpaginated). Although the impacts from large-scale collection of bird eggs and chicks has been reduced through these programs, collection still remains a threat to the species.
Accounts of poisoning, netting, trapping, and shooting of adult birds were also reported at various locations in both India and Cambodia during the 1990s (BLI 2001, pp. 285-286). In India, some birds were shot because of perceived impact on fish stocks, others in hunts (BLI 2001, p. 285). In Cambodia, some birds were captured to be sold as food and for use as pets, and some were also hunted (BLI 2001, p. 286). Birds are also likely inadvertently injured or killed as a result of destructive fishing techniques in Cambodia such as electro-fishing and the use of poisons (Clements 2008, pers. comm.). In a 1999 article, the Phnom Penh Post (as reported in Environmental Justice Foundation 2002, p. 25) reported that pesticides are used to kill both fish and wildlife species at Tonle Sap
nted (BLI 2001, p. 286). Birds are also likely inadvertently injured or killed as a result of destructive fishing techniques in Cambodia such as electro-fishing and the use of poisons (Clements 2008, pers. comm.). In a 1999 article, the Phnom Penh Post (as reported in Environmental Justice Foundation 2002, p. 25) reported that pesticides are used to kill both fish and wildlife species at Tonle Sap.
In summary, although we are unaware of any scientific or educational purpose for which the adjutant is used, local communities are known to collect bird eggs, chicks, and adults for consumption and other purposes (e.g., pet trade and perceived threat to fish stocks) in either or both India or Cambodia (BLI 2001, pp. 285-286). Further, even though nest protection programs are being implemented, these programs are insufficient to adequately protect the species. Therefore, we find that overutilization due to commercial and recreational purposes is a threat to the continued existence of the greater adjutant throughout its range.
C. Disease or predation
Highly pathogenic avian influenza (HPAI) H5N1 continues to be a serious problem for this species. This strain of avian influenza first appeared in Asia in 1996, and spread from country to country with rapid succession as found by Peterson et al . (2007, p. 1). By 2006, the virus was detected across most of Europe and in several African countries. Influenza A viruses, to which group strain H5N1 belongs, infects domestic animals and humans, but wildfowl and shorebirds are considered the primary source of this virus in nature (Olsen et al . 2006, p. 384). Though it is still unclear if the greater adjutant is a carrier, lack of an avian influenza wild bird surveillance program in Cambodia will make it difficult to resolve this question.
Until recently, there was no information on predation affecting the greater adjutant. However, recent research on other waterbirds suggests that predation may impact the greater adjutant in Cambodia
2006, p. 384). Though it is still unclear if the greater adjutant is a carrier, lack of an avian influenza wild bird surveillance program in Cambodia will make it difficult to resolve this question.
Until recently, there was no information on predation affecting the greater adjutant. However, recent research on other waterbirds suggests that predation may impact the greater adjutant in Cambodia. For example, nesting surveys for several waterbirds were conducted between 2004 and 2007 at the Prek Toal area in Tonle Sap Biosphere Reserve. These surveys included monitoring of nest sites. Human disturbances at nest sites due to illegal collection of chicks and eggs resulted in an increase of predation by crows ( Corvus spp.) on spot-billed pelicans in the 2001-2002 breeding season, causing up to 100 percent loss of reproduction, and again in the 2002-2003 breeding season, resulting in up to 60 percent loss in reproduction due to a combination of collection and predation. In some locations, the spot-billed pelicans abandoned their nests for the remainder of the breeding season (Clements et al . 2007, p. 57). It is likely that other waterbirds, such as the greater adjutant at Prek Toal would be similarly affected due to illegal collection of eggs by humans, nest site disturbance, and subsequent increase in crow presence, thereby increasing the predation of their chicks and eggs.
In summary, although incidence of local residents collecting eggs and chicks for consumption has been reduced in some areas due to educational and enforcement programs, these impacts still occur. At the largest breeding sites for this species in India, reproductive success is low, less than one chick per nest per year. Because the total population of the greater adjutant is fewer than 1,000 birds, the loss of eggs and chicks in populations in India and Cambodia is a significant threat to the species. In addition, there may be secondary impacts due to predation by crows
impacts still occur. At the largest breeding sites for this species in India, reproductive success is low, less than one chick per nest per year. Because the total population of the greater adjutant is fewer than 1,000 birds, the loss of eggs and chicks in populations in India and Cambodia is a significant threat to the species. In addition, there may be secondary impacts due to predation by crows. Therefore, we find that predation is a threat to the continued existence of the greater adjutant throughout its range.
D. Inadequacy of existing regulatory mechanisms
The greater adjutant is classified as critically endangered by the IUCN. Although there is evidence of commercial trade across the Cambodia border into Laos and Thailand, this species is currently not listed under CITES.
India: The greater adjutant is listed under Schedule I of the Indian Wildlife Protection Act of 1972 (IWPA). Schedule I provides absolute protection, with the greatest penalties for offenses. This law prohibits hunting, possession, sale, and transport of listed species. The IWPA also provides for the designation and management of sanctuaries and national parks for the purposes of protecting, propagating, or developing wildlife or its environment. Protected areas in India allow for regulated levels of human use and disturbance and are managed to prevent widespread clearing and complete loss of suitable habitat. Although the greater adjutant uses habitat in three national parks in India, almost all nesting colonies of this species in India are found outside of protected areas (Singha et al . 2003, p. 148). Some of the species' foraging areas are also located outside of protected areas. As stated above in Factor A, the ongoing loss of habitat through habitat
Cambodia: Areas designated as natural areas by the Ministry of Environment, such as the Tonle Sap Biosphere Reserve, are to be managed for the protection of the natural resources contained within
f protected areas (Singha et al . 2003, p. 148). Some of the species' foraging areas are also located outside of protected areas. As stated above in Factor A, the ongoing loss of habitat through habitat
Cambodia: Areas designated as natural areas by the Ministry of Environment, such as the Tonle Sap Biosphere Reserve, are to be managed for the protection of the natural resources contained within. Portions of the Biosphere Reserve have also been designated as areas of importance under the Convention of Wetlands of International Importance of 1971.
The Mekong River Commission (MRC) was formed between the governments of Cambodia, Lao PDR, Thailand, and Vietnam in 1995 as part of the Agreement on the Cooperation for the Sustainable Development of the Mekong River Basin. The signatories agreed to jointly manage their shared water resources and the economic development of the river (MRC 2007, p. 1-2). According to the Asian Development Bank, 13 dams have been built, are being built, or are proposed to be built along the Mekong River (ADB 2005, p. 2). The continued modification of greater adjutant habitat has been identified as a primary threat to this species (Factor A), and this regional regulatory mechanism is not effective at reducing that threat.
Several laws exist in Cambodia to protect the greater adjutant from two of the primary threats to the species: habitat destruction and hunting. However, they are ineffective at reducing those threats. In Cambodia, Declaration No. 359, issued by the Ministry of Agriculture, Forestry and Fisheries in 1994, prohibits the hunting of greater adjutant. However, reports of severe hunting pressure within the greater adjutant's habitat exist and illegal poaching of wildlife in Cambodia continues (Bird et al . 2006, p. 23; Poole 2002, pp. 34-35; UNEP-SEF 2005, pp. 23, 27).
The Creation and Designation of Protected Areas regulation (November 1993) established a national system of protected areas. In 1994, through Declaration No
of greater adjutant. However, reports of severe hunting pressure within the greater adjutant's habitat exist and illegal poaching of wildlife in Cambodia continues (Bird et al . 2006, p. 23; Poole 2002, pp. 34-35; UNEP-SEF 2005, pp. 23, 27).
The Creation and Designation of Protected Areas regulation (November 1993) established a national system of protected areas. In 1994, through Declaration No. 1033 on the Protection of Natural Areas, the following activities were banned in all protected areas:
(1) Construction of saw mills, charcoal ovens, brick kilns, tile kilns, limestone ovens, tobacco ovens;
(2) hunting or placement of traps for tusks, bones, feathers, horns, leather, or blood;
(3) deforestation;
(4) mining minerals or use of explosives;
(5) the use of domestic animals such as dogs;
(6) dumping of pollutants;
(7) the use of machines or heavy cars which may cause smoke pollution;
(8) noise pollution; and
(9) unpermitted research and experiments.
In addition, the Law on Environmental Protection and Natural Resource Management of 1996 sets forth general provisions for environmental protection. Under Article 8 of this law, Cambodia declares that its natural resources (including wildlife) shall be conserved, developed, and managed and used in a rational and sustainable manner.
Protected Areas have been established within the range of the greater adjutant, such as the Tonle Sap Lake Biosphere Reserve. The Tonle Sap Great Lake protected area was designated a multi-purpose protected area in 1993 (Matsui et al . 2006, p. 411). Under this decree, Multiple Use Management Areas are those areas which provide for the sustainable use of water resources, timber, wildlife, fish, pasture, and recreation; the conservation of nature is primarily oriented to support these economic activities
iosphere Reserve. The Tonle Sap Great Lake protected area was designated a multi-purpose protected area in 1993 (Matsui et al . 2006, p. 411). Under this decree, Multiple Use Management Areas are those areas which provide for the sustainable use of water resources, timber, wildlife, fish, pasture, and recreation; the conservation of nature is primarily oriented to support these economic activities. In 1997, the Tonle Sap region was nominated as a Biosphere Reserve under UNESCO's (United Nations Educational, Scientific and Cultural Organization) “Man and the Biosphere Program.” The Cambodian government developed a National Environmental Action Plan (NEAP) in 1997, supporting the UNESCO site goals. Among the priority areas of intervention are fisheries and floodplain agriculture at Tonle Sap Lake, biodiversity and protected areas, and environmental education. NEAP was followed by the adoption of the Strategy and Action Plan for the Protection of Tonle Sap (SAPPTS) in February 1998 (Matsui et al . 2006, p. 411), and the issuance of a Royal Decree officially creating Tonle Sap Lake a Biosphere Reserve (TSBR) on April 10, 2001. The royal decree was followed by a subdecree by the Prime Minister to establish a Secretariat, along with its roles and functions, for the TSBR with the understanding that its objectives could not be achieved without cooperation and coordination among relevant stakeholders (TSBR Secretariat 2007, p. 1).
Joint Declaration No. 1563, on the Suppression of Wildlife Destruction in the Kingdom of Cambodia, was issued by the Ministry of Agriculture, Forestry, and Fisheries in 1996. Although the Japan International Cooperation Agency (JICA 1999, p. 19) reported that this regulatory measure was ineffectively enforced, some strides have been made recently through the combined efforts of WCS, the Cambodian government, and local communities at Tonle Sap Lake
ildlife Destruction in the Kingdom of Cambodia, was issued by the Ministry of Agriculture, Forestry, and Fisheries in 1996. Although the Japan International Cooperation Agency (JICA 1999, p. 19) reported that this regulatory measure was ineffectively enforced, some strides have been made recently through the combined efforts of WCS, the Cambodian government, and local communities at Tonle Sap Lake. WCS Cambodia (2009, unpaginated) reports that the illegal wildlife trade in Cambodia is “enormous” and driven by demand for meat and traditional medicines in Thailand, Vietnam, and China. Substantial progress has been made in protecting seven species of waterbirds at Prek Toal Core Area in the TSBR, increasing populations of some species tenfold by working with the primary management agencies and working at the field level to improve community engagement, law enforcement, and long-term research and monitoring (WCS Cambodia 2009, unpaginated).
The Forestry Law of 2002 strictly prohibits hunting, harming, or harassing wildlife (Article 49) (Law on Forestry 2003). This law further prohibits the possession, trapping, transport, or trade in rare and endangered wildlife (Article 49). However, to our knowledge, Cambodia has not yet published a list of endangered or rare species. Thus, this law is not currently effective at protecting the greater adjutant from threats by hunting.
In 2006, the Cambodian government created Integrated Farming and Biodiversity Areas (IFBA), including over 161 km (100 mi) of grassland (over 30,000 ha (74,132 ac)) near Tonle Sap Lake to protect the Bengal florican, an endangered bird in that region (WWF 2006a, pp. 1-2). The above measures have focused attention on the conservation situation at TSBR and have begun to improve the conservation of the area and its wildlife there, but several management challenges remain
rsity Areas (IFBA), including over 161 km (100 mi) of grassland (over 30,000 ha (74,132 ac)) near Tonle Sap Lake to protect the Bengal florican, an endangered bird in that region (WWF 2006a, pp. 1-2). The above measures have focused attention on the conservation situation at TSBR and have begun to improve the conservation of the area and its wildlife there, but several management challenges remain. These challenges include overexploitation of flooded forests and fisheries; negative impacts from invasive species; lack of monitoring and enforcement; low level of public awareness of biodiversity values; and uncoordinated research, monitoring, and evaluation of species' populations (Matsui et al . 2006, pp. 409-418; TSBR Secretariat 2007, pp. 1-6).
Even though these wildlife laws exist, greater adjutant habitat within Cambodian protected areas faces several challenges. The legal framework governing wetlands management is institutionally complex. It rests upon legislation vested in government agencies responsible for land use planning (Land Law 2001), resource use (Fishery Law 1987), and environmental conservation (Environmental Law 1996, Royal Decree on the Designation and et al . 2005, p. 9). As a result of this institutional complexity and lack of defined jurisdiction, natural resource use goes largely unregulated (Bonheur et al . 2005, p. 9). Thus, the protected areas system in Cambodia is ineffective in removing or reducing the threats of habitat modification and hunting faced by the greater adjutant.
Summary of Factor D
Existing regulatory mechanisms in both India and Cambodia are ineffective at reducing or removing threats to the species such as habitat modification and collection of eggs and chicks for consumption. Although progress has been made recently in the protection of nests and birds at specific locations, this has largely been driven by measures from the private sector
mps and slaughter houses is expected to increase, thereby increasing the incidence of greater adjutants ingesting contaminants at these sites. Also, the use of pesticides in and near water sources in the Brahmaputra lowlands may result in further contamination to the species.
Cambodia: Increasing use of agro-chemicals, especially pesticides, is a major concern in the TSBR and throughout Cambodia. A survey conducted in Cambodian agriculture practices in 2000 showed that 67 percent of farms used pesticides. Of these farms, 44 percent began using pesticides in the 1980s, and 23 percent began using them in the 1990s (Environmental Justice Foundation (EJF) 2002, p. 13). All of the pesticides used in Cambodia are produced outside of the country, and the labels, which include information on the appropriate use of these chemicals, are often not written in a language understandable to local villagers (EJF 2002, p. 18). A Food and Agriculture Organization of the United Nations (FAO) study found that only 1 percent of vegetable farmers received technical training in pesticide use (EJF 2002, p. 17). This problem often leads to overuse of these highly toxic compounds.
In Cambodia, organochlorine insecticides, such as dichloro-diphenyl-trichloroethane (DDT), and organophosphate insecticides such as methyl-parathion are commonly used. Organochlorine insecticides are known to accumulate in aquatic systems and concentrate in the organs of species of waterbirds such as the greater adjutant. The effects of persistent organic pesticides are variable depending on concentration and species, but can include direct mortality, feminization of embryos, reduced hormones for egg-laying, and egg-shell thinning (EJF 2002, p. 24).
In the 1970s and 1980s, agricultural use of DDT was banned in most developed countries; however, it is still used for agriculture in Cambodia
as the greater adjutant. The effects of persistent organic pesticides are variable depending on concentration and species, but can include direct mortality, feminization of embryos, reduced hormones for egg-laying, and egg-shell thinning (EJF 2002, p. 24).
In the 1970s and 1980s, agricultural use of DDT was banned in most developed countries; however, it is still used for agriculture in Cambodia. In recent years, mong bean farmers in Siem Reap province are estimated to have applied 10 tons of a pesticide mix of DDT, Thiodan (endosulfan), and methyl-parathion on fields that are submerged in the wet season and thus capable of polluting the Tonle Sap basin (EJF 2002, p. 25). In addition, methyl-parathion and endosulfan are used in illegal fishing (EJF 2002, p. 14). Methyl-parathion is considered highly toxic to birds and may take 2 weeks to degrade in lakes and rivers. The decline in the number of some bird species from around the Tonle Sap Lake may be partly due to pesticide poisoning (EJF 2002, p. 25). Further, because higher levels of persistent organochlorines have been recorded in freshwater fish and mussels than marine fish and mussels, the source of these compounds is likely inland watersheds (EJF 2002, p. 24). Although we could not locate any specific contaminant reports on the amount of these toxic chemicals found in greater adjutants based on the above data, it is likely that the persistent use of these compounds is contributing to the decline of this species.
Summary of Factor E
The use of pesticides occurs in both India and Cambodia for a variety of reasons, including agriculture, fishing, and insect control. As human interactions with the adjutant continue to increase, the chances of poisoning of the species, both directly and indirectly, also continue to rise. Therefore we find that other natural or manmade factors affecting the continued existence of the species in the form of pesticide use and ingesting other contaminants is a threat to the greater adjutant throughout its range
and insect control. As human interactions with the adjutant continue to increase, the chances of poisoning of the species, both directly and indirectly, also continue to rise. Therefore we find that other natural or manmade factors affecting the continued existence of the species in the form of pesticide use and ingesting other contaminants is a threat to the greater adjutant throughout its range.
Status Determination for the Greater Adjutant
We have carefully assessed the best available scientific and commercial information regarding the past, present, and potential future threats faced by the greater adjutant. The species is currently at risk throughout all of its range due to ongoing threats of habitat destruction and modification (Factor A); overutilization for commercial, recreational, scientific, or educational purposes in the form of hunting, egg and chick collection, and trapping (Factor B); predation (Factor C); inadequacy of existing regulatory mechanisms (Factor D); and other natural or manmade factors affecting its continued existence in the form of overuse of toxic compounds (Factor E).
Section 3 of the Act defines an “endangered species” as “any species which is in danger of extinction throughout all or a significant portion of its range,” and a “threatened species” as “any species which is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range.” Based on the magnitude of the ongoing threats to the greater adjutant throughout its entire range, as described above, we determine that this species is in danger of extinction throughout all of its range. Therefore, on the basis of the best available scientific and commercial information, we propose to list the greater adjutant as an endangered species throughout all of its range. Because we find that the greater adjutant is endangered throughout all of its range, there is no reason to consider its status in a significant portion of its range.
IV
danger of extinction throughout all of its range. Therefore, on the basis of the best available scientific and commercial information, we propose to list the greater adjutant as an endangered species throughout all of its range. Because we find that the greater adjutant is endangered throughout all of its range, there is no reason to consider its status in a significant portion of its range.
IV. Jerdon's courser ( Rhinoptilus bitorquatus )
Species Description
The Jerdon's courser, also known as the double-banded courser ( Rhinoptilus bitorquatus ), is a small, nocturnal bird, which is specialized for running and belongs to the family Glareolidae (Bhushan 1986, pp. 1, 6; Jeganathan et al . 2004a, p. 225; Jeganathan et al . 2004b, p. 7). It was first described by T. C. Jerdon in 1848 (Bhushan 1986, p. 1; Jeganathan et al . 2004b, p. 1). This species averages 27 cm (11 in) in length, its plumage consists of two brown bands around its breast, a blackish colored crown, a broad buff-colored supercilium (eyebrow stripe), an orange patch that runs from its throat down to its chest, and it has a short yellow bill with a black tip (BLI 2009b, unpaginated).
The Jerdon's courser is a rare species of bird that is endemic to the Eastern Ghats of the states of Andhra Pradesh and extreme southern Madhya Pradesh in India (BLI 2009b, unpaginated). The size of the population is not known. Historically, this species was reported in the Khamman, Nellore, and Anantapur districts of Andhra Pradesh and the Gadchiroli District of Maharashtra (Jeganathan et al . 2005, p. 5). Until 1900, its presence was periodically recorded, including some records in the Pennar and Godavari river valleys and near Anantapur (Bhushan 1986, p. 2; Jeganathan et al . 2004a, p. 225; Jeganathan et al . 2004b, p. 7; Jeganathan et al . 2006, p. 227). Efforts by various ornithologists in the early 1930s and mid to late 1970s to record the presence of this species failed, leading to the belief that the species was extinct (Bhushan 1986, p
orded, including some records in the Pennar and Godavari river valleys and near Anantapur (Bhushan 1986, p. 2; Jeganathan et al . 2004a, p. 225; Jeganathan et al . 2004b, p. 7; Jeganathan et al . 2006, p. 227). Efforts by various ornithologists in the early 1930s and mid to late 1970s to record the presence of this species failed, leading to the belief that the species was extinct (Bhushan 1986, p. 2; Jeganathan et al . 2004b, p. 7). In 1986, the Jerdon's courser was rediscovered near Reddipalli village, Cuddapah District, Andhra Pradesh (Bhushan 1986, pp. 8-9; Jeganathan et al . 2004a, p. 225; Jeganathan et al . 2004b, p. 7; Jeganathan et al . 2005, p. 3; Jeganathan et al . 2006, p. 227; Senapathi et al . 2007, p. 1).
The area where the species was rediscovered was designated as the Sri Lankamaleswara Wildlife Sanctuary (SLWS) (Jeganathan et al . 2004b, p. 7; Jeganathan et al . 2005, p. 3). After its rediscovery, it was only observed regularly at a few sites in and around the SLWS (Jeganathan et al . 2004b, p. 7, 18; Jeganathan et al . 2005, p. 5; Jeganathan et al . 2006, p. 227; Senapathi et al . 2007, p. 1), including reports of its presence in Sri Penusula Narasimha Wildlife Sanctuary (SPNWS) in the Cuddapah and Nellore districts, Andhra Pradesh (Jeganathan et al . 2005, p. 3). It has since been found at three additional localities (Jeganathan et al . 2004a, p. 228; Jeganathan et al . 2004b, p. 20; BLI 2009b, unpaginated).
Due to the nocturnal nature of the species and the wooded nature of its habitat, individuals are rarely seen; therefore, very little information is available on the distribution, ecology, population size, and habitat requirements of the Jerdon's courser (Jeganathan et al . 2004a, p. 225; Jeganathan et al . 2004b, p. 7; Jeganathan et al . 2005, p. 3; Jeganathan et al . 2006, p. 227; Senapathi et al . 2007, p. 1). New survey techniques have allowed researchers to detect the presence and absence of Jerdon's courser using track strips and a tape playback of the species call
n, ecology, population size, and habitat requirements of the Jerdon's courser (Jeganathan et al . 2004a, p. 225; Jeganathan et al . 2004b, p. 7; Jeganathan et al . 2005, p. 3; Jeganathan et al . 2006, p. 227; Senapathi et al . 2007, p. 1). New survey techniques have allowed researchers to detect the presence and absence of Jerdon's courser using track strips and a tape playback of the species call. These methods can be useful in mapping the geographic range of the Jerdon's courser and in estimating the population size, and have contributed to a better understanding of habitat preferences. Surveys have not been conducted in all areas with suitable habitat characteristics; additional surveys are needed to confirm the current range and population size of this species. Although the size of the population is not known, it is believed to be a small, declining population (Jeganathan 2004b, p. 7; BLI 2009b, unpaginated; IUCN 2009c, unpaginated).
The Jerdon's courser inhabits open patches within scrub-forest interspersed with patches of bare ground, in gently undulating, rocky foothills (Jeganathan et al . 2005, p. 5; Senapathi et al . 2007, p. 1). Studies show that this species is most likely to occur where the density of large bushes (greater than 2 m (6 ft) tall) ranges from 300 to 700 per ha (121-283 large bushes per acre) and the density of smaller bushes (less than 2 m (6 ft) tall) is less than 1,000 per ha (404 per acre) (Jeganathan et al . 2004a, p. 228; Jeganathan et al . 2004b, p. 22; Jeganathan et al . 2005, p. 5; Senapathi et al . 2007, p. 1). The dominant woody vegetation includes species of shrub, particularly Zizyphus rugosa, Carissa carandas , and Acacia horrida (Jeganathan et al . 2004a, p. 228; Jeganathan et al . 2004b, p. 22).
The amount of suitable habitat that existed for this species in 2000 was estimated to be approximately 3,847 km2 (1,485 mi2) of scrub habitat in the Cuddapah and Nellore districts of the State of Andhra Pradesh (Senapathi et al . 2007, p. 6). Jeganathan (2008, pers
icularly Zizyphus rugosa, Carissa carandas , and Acacia horrida (Jeganathan et al . 2004a, p. 228; Jeganathan et al . 2004b, p. 22).
The amount of suitable habitat that existed for this species in 2000 was estimated to be approximately 3,847 km2 (1,485 mi2) of scrub habitat in the Cuddapah and Nellore districts of the State of Andhra Pradesh (Senapathi et al . 2007, p. 6). Jeganathan (2008, pers. comm.) further stated that the amount of suitable habitat available in and around the SLWS is approximately 132 km2 (51 mi2). A comprehensive habitat assessment of all the shrub habitat areas within the historic range of this species has not yet been completed; therefore, suitable habitat may occur elsewhere for this species.
Little information is known about feeding habits or feeding areas of this species. The only information known comes from the analysis of two Jerdon's courser fecal samples, which consisted mainly of termites and ants. Jeganathan (2004a, p. 234) suggested that despite being nocturnal and affected by the shadowing effects of the canopy, coursers may be able to see invertebrate prey on the ground by selecting relatively well-illuminated open areas.
There is no information on the life history of the Jerdon's courser; no nests or young birds have ever been found, although the footprints of a young bird along with an adult Jerdon's courser suggests successful breeding is taking place (Jeganathan et al . 2004b, pp. 17, 29). The calling period is brief, starting approximately 45 to 50 minutes after sunset and continuing for a few minutes to approximately 20 minutes.
Conservation Status
Due to the single, small, and declining population of the Jerdon's courser, it is classified as “critically endangered” by the IUCN (Jeganathan et al . 2004b, p. 7; Senapathi et al . 2007, p. 1; Jeganathan et al . 2008, p. 73; IUCN 2009c, unpaginated), a category assigned to species facing an extremely high risk of extinction in the wild
minutes to approximately 20 minutes.
Conservation Status
Due to the single, small, and declining population of the Jerdon's courser, it is classified as “critically endangered” by the IUCN (Jeganathan et al . 2004b, p. 7; Senapathi et al . 2007, p. 1; Jeganathan et al . 2008, p. 73; IUCN 2009c, unpaginated), a category assigned to species facing an extremely high risk of extinction in the wild. It is also listed under Schedule I of the Indian Wildlife Protection Act of 1972. The species has not been formally considered for listing in the Appendices of CITES ( http://www.cites.org ).
Summary of Factors Affecting the Jerdon's Courser
A. Present or threatened destruction, modification, or curtailment of habitat or range
The primary threat to the persistence of the Jerdon's courser is habitat destruction and alteration due to conversion of suitable habitat to agriculture lands, grazing, and construction within and around the SLWS and SPNWS, and increasing settlements (Jeganathan 2005 et al . 2005, p. 6; Norris 2008, pers. comm.; Jeganathan 2009, pers. comm..). Agriculture is the main occupation of the people living in the area. The State of Andhra Pradesh has experienced growth of intensive agricultural practices in recent years (Senapathi et al . 2007, pg. 2), with paddy ( Oryza sativa ), sunflower ( Helianthus annuus ), cotton ( Gossypium sp.), groundnut ( Arachis hypogaea ), finger millet ( Eleusince coracana ), turmeric Curcuma longa ), and onion ( Allium cepa ) being the major crops of the area (Jeganathan et al . 2008, p. 77). From 1991 to 2000, scrub habitat in the Cuddapah District and parts of the Nellore District in Andhra Pradesh decreased by 11-15 percent, while the area occupied by agricultural land more than doubled (109 percent increase) during the same time period. Remaining scrub patches were also found to be smaller (38.4 percent decrease) and further from human settlements (Senapathi et al . 2007, pp. 1, 4; Jeganathan et al . 2008, p. 76)
in the Cuddapah District and parts of the Nellore District in Andhra Pradesh decreased by 11-15 percent, while the area occupied by agricultural land more than doubled (109 percent increase) during the same time period. Remaining scrub patches were also found to be smaller (38.4 percent decrease) and further from human settlements (Senapathi et al . 2007, pp. 1, 4; Jeganathan et al . 2008, p. 76).
The main causes for the loss of scrub habitat were human settlements and subsequent conversions of scrub habitat to agriculture and cleared areas (Senapathi et al . 2007, p. 6). From 2001 to 2004, an estimated 480 ha (1,186 ac) of scrub habitat were cleared within and around the SLWS, 275 ha (680 ac) of which were cleared to provide land for agriculture to the people of India who were displaced by floods and for farming of lemons and forestry plantations. These cleared areas fall within 1 km (0.6 mi) of previously known and newly discovered Jerdon's courser areas (Jeganathan et al . 2008, p. 76). From 2000 to 2005, Jeganathan et al . (2008, p. 77) noted that approximately 215 ha (531 ac) of scrub habitat outside of the SLWS were cleared and most likely will become lemon farms. The irrigation required to sustain agricultural activities will likely further fragment any remaining suitable habitat (Senapathi et al . 2007, p. 7).
The Jerdon's courser inhabits open patches within scrub-forest and prefers areas with moderate densities of trees and brush (Jeganathan et al . 2004a, p. 234). Researchers believe this open habitat is maintained by grazing animals and some woodcutting (Norris 2008, pers. comm.). Known Jerdon's courser sites are already being used for grazing livestock and woodcutting, but at moderate levels that maintain the appropriate vegetation structure (Jeganathan 2005, p. 15)
efers areas with moderate densities of trees and brush (Jeganathan et al . 2004a, p. 234). Researchers believe this open habitat is maintained by grazing animals and some woodcutting (Norris 2008, pers. comm.). Known Jerdon's courser sites are already being used for grazing livestock and woodcutting, but at moderate levels that maintain the appropriate vegetation structure (Jeganathan 2005, p. 15). Mechanical clearing of bushes to create pasture, orchards, and tilled land; high levels of woodcutting; and high level of use by domestic livestock are likely to cause deterioration in scrub habitat by creating a scrub forest that is too open for the Jerdon's courser. However, low levels of grazing by livestock or absence of woodcutting may also lead to habitat that is more closed and, therefore, unsuitable (Jeganathan et al . 2004a, p. 234; Jeganathan et al . 2004b, p. 23; Norris 2008, pers. comm.).
Land in SLWS and adjacent areas is used by the people from villages in Sagileru valley for grazing herds of domestic buffalo ( Bubalus bubalis ), sheep ( Ovis aries ), and goats ( Capra hircus ), and for woodcutting (Jeganathan et al . 2004b, p. 9). Jeganathan (2008, pers. comm.) states that most of the potentially suitable habitat for Jerdon's courser is located on the fringe of the forest and can be easily accessed by locals for grazing and woodcutting. Jeganathan et al . (2008, p. 77) notes three types of grazing within and around the SLWS and SPNWS. The first includes shepherds who bring goats, sheep, and buffalo into the scrub habitat in and around the sanctuaries every morning, grazing 2-3 km (1-2 mi) into the forest before returning to the villages in the evening. The second includes nomads with 200-300 cattle. Although they are invited by farmers to help fertilize the lemon farms, they stay 3 to 4 months and graze in the forested areas in and around the sanctuaries. The third includes sheep that graze inside the sanctuaries throughout the year; however, this type of grazing did not occur in scrub habitat
est before returning to the villages in the evening. The second includes nomads with 200-300 cattle. Although they are invited by farmers to help fertilize the lemon farms, they stay 3 to 4 months and graze in the forested areas in and around the sanctuaries. The third includes sheep that graze inside the sanctuaries throughout the year; however, this type of grazing did not occur in scrub habitat. Furthermore, a common practice is to cut and bend the branches of scrub and tree species to facilitate better access for grazing (Jeganathan et al . 2008, p. 78). In addition, the people of the local villages also use the sanctuaries for timber and nontimber forest products; including fuel wood, illegal wood collecting, grass, and bamboo. From 2001 to 2003, Jeganathan et al . (2008, pp. 77-78) regularly observed wood loads being removed by either head loads, bullock cart, or tractor.
Development activities within the SLWS, including the construction of check dams, and percolation ponds, and digging of trenches, have been observed in known and newly recorded areas of the Jerdon's courser (Jeganathan et al . 2004a, pp. 26, 28; Jeganathan et al . 2008, p. 76). Approximately 0.5 to 1 ha (1-2 ac) of scrub forest was cleared for each of five percolation ponds dug near the main Jerdon's courser area and exotic plant species planted on the embankment. In addition, scrub habitat was thinned (removal of all scrub species except saplings), and pits for collecting rainwater were dug (Jeganathan et al . 2008, p. 76). Furthermore, various sizes of stones were collected from the scrub jungle within and around the SLWS for road construction every year. Collection included digging of stones with crowbars, collection of stones in heavy vehicles, and the excavation of 15 large pits (Jeganathan et al . 2008, p. 76).
Construction of dams and reservoirs and river floods in the area has resulted in the relocation of villages near the SLWS and SPNWS
tones were collected from the scrub jungle within and around the SLWS for road construction every year. Collection included digging of stones with crowbars, collection of stones in heavy vehicles, and the excavation of 15 large pits (Jeganathan et al . 2008, p. 76).
Construction of dams and reservoirs and river floods in the area has resulted in the relocation of villages near the SLWS and SPNWS. Fifty-seven villages were relocated closer to SLWS after the construction of the Somasila dam. Fifteen were displaced due to the construction of the Sri Potuluri Veera Brahmendraswamy (SPVB) Reservoir. Currently, there are approximately 146 villages between the SLWS and SPNWS (Jeganathan et al . 2008, pp. 76-77). There are more villages in the area of Somasila and SPVB Reservoir that could be relocated near the sanctuaries in the future, and there are plans to increase the height of the Somasila dam, which will cause the displacement of more villages near the southeastern part of SLWS (Jeganathan et al . 2008, p. 77). With the relocation and expansion of human settlements, there is concern over additional land conversion for agriculture, increased pressure for grazing and woodcutting, and further development.
At the time of the Jerdon's courser rediscovery in 1986, the only known site where the species was found was under threat from a project to construct the Telugu-Ganga canal through its habitat. The Andhra Pradesh Forestry Department (APFD) and the State Government of Andhra Pradesh responded by designating the site as the SLWS to protect the species. The proposed route of the canal was adjusted to avoid the sanctuary (Jeganathan et al . 2005, p. 6; Jeganathan et al . 2008, p. 78). However, in 2005, construction of the Telugu-Ganga canal began, illegally, within the SLWS. Construction was stopped immediately once the APFD was notified (Jeganathan et al . 2005, p. 6; Kohli 2006, unpaginated)
signating the site as the SLWS to protect the species. The proposed route of the canal was adjusted to avoid the sanctuary (Jeganathan et al . 2005, p. 6; Jeganathan et al . 2008, p. 78). However, in 2005, construction of the Telugu-Ganga canal began, illegally, within the SLWS. Construction was stopped immediately once the APFD was notified (Jeganathan et al . 2005, p. 6; Kohli 2006, unpaginated). Illegal excavation was reported even after construction was stopped and the contracting company fined (Kohli 2006, unpaginated). A report by the Bombay National History Society (BNHS) found that 80 to 100 m (263 to 328 ft) were cleared for canals that were 16 to 20 m (53 to 66 ft) wide. It also found that approximately 22 ha (54 ac) of potentially suitable habitat were cleared and one of the three newly recorded sites for the Jerdon's courser was destroyed by the illegal construction within the SLWS (Jeganathan et al . 2005, p. 12; BNHS 2007, p. 1; Jeganathan et al . 2008, p. 73). The report also assessed the potential impacts of the proposed realignment and determined that the construction of the canal would still impact 650 ha (1,606 ac) of suitable habitat around the SLWS and would pass within 500 m (1640 ft) of recent records of the Jerdon's courser and pass very close to the only place where the species has been regularly sighted since 1986 (Jeganathan et al . 2005, p. 12; Jeganathan et al . 2008, et al . 2005, p. 9). Approximately 163 ha (403 ac) were cleared for the construction of the canal in and around the SPNWS (Jeganathan et al . 2005; Jeganathan et al . 2008, p. 80). It is unknown how much of this area is occupied by the Jerdon's courser.
Following the illegal construction of the canal within the SLWS and SPNWS, the issue was raised to the Central Empowered Committee (CEC), a monitoring body on forest matters set up by the Supreme Court (Kholi 2006, unpaginated). The CEC ruled in favor of a realignment route completely avoiding courser habitat
2008, p. 80). It is unknown how much of this area is occupied by the Jerdon's courser.
Following the illegal construction of the canal within the SLWS and SPNWS, the issue was raised to the Central Empowered Committee (CEC), a monitoring body on forest matters set up by the Supreme Court (Kholi 2006, unpaginated). The CEC ruled in favor of a realignment route completely avoiding courser habitat. Also, the government of Andhra Pradesh has transferred approximately 1,000 ha (2,4711 ac) of land between the canal and the SLWS to the APFD (BLI 2009b, unpaginated; Jeganathan 2009, pers. comm.).
During the BNHS study on the construction of the Telugu-Ganga canal, additional threats were identified in association with the construction. Roads were built along the canal route and from the main roads to the canal, which subsequently provided easy access to the forest for unauthorized woodcutting. Furthermore, the SLWS is known to have red sanders ( Pterocarpus santalinus ), a highly valued species of trees sought after by illegal woodcutters. APDF records from 1984 to 2003 show that over 116,000 kilograms (255,73

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/FR_PRORULE_E9-31101. Check the current official text before relying on it. Not legal advice.