[Federal Register Volume 59, Number 59 (Monday, March 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-7226]


[Federal Register: March 28, 1994]


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Part VI





Department of the Interior





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Fish and Wildlife Service



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50 CFR Part 17



Endangered and Threatened Wildlife and Plants; Proposed Rule
DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AB84


Endangered and Threatened Wildlife and Plants; Proposed Addition 
of 30 African Birds to List of Endangered and Threatened Wildlife

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule and notice of petition finding.

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SUMMARY: The Service proposes to add 30 kinds of birds, found in Africa 
and on associated islands, to the List of Endangered and Threatened 
Wildlife. All have restricted distributions and are threatened by 
habitat destruction, human hunting, predation by introduced animals, 
and various other factors. All were subjects of petitions from the 
International Council for Bird Preservation, submitted in 1980 and 
1991. This proposal, if made final, would implement the protection of 
the Endangered Species Act of 1973, as amended, for these birds. The 
Service also makes the finding that the listing of 38 additional 
species of birds, included in the 1991 petition, is warranted but 
precluded because of other listing activity.

DATES: Comments on the proposed rule must be submitted by July 26, 
1994. Public hearing requests must be received by May 12, 1994.

ADDRESSES: Comments, information, and questions should be submitted to 
the Chief, Office of Scientific Authority; Mail Stop: Room 725, 
Arlington Square; U.S. Fish and Wildlife Service; Washington, DC 20240 
(Fax number 703-358-2276). Express and messenger-delivered mail should 
be addressed to the Office of Scientific Authority; Room 750, 4401 
North Fairfax Drive; Arlington, Virginia 22203. Comments and materials 
received will be available for public inspection, by appointment, from 
8 a.m. to 4 p.m., Monday through Friday, at the Arlington, Virginia 
address.

FOR FURTHER INFORMATION CONTACT: Dr. Charles W. Dane, Chief, Office of 
Scientific Authority, at the above address (phone 703-358-1708).

SUPPLEMENTARY INFORMATION:

Background

    In a petition of November 24, 1980, to the U.S. Fish and Wildlife 
Service (Service), the International Council for Bird Preservation 
(ICBP) requested the addition of 79 kinds of birds to the U.S. List of 
Endangered and Threatened Wildlife. Of that number, 58 occurred 
entirely outside of the United States and its territories. Of those 
foreign birds, 6 have now been listed and the rest have been covered by 
petition findings that their listing is warranted but precluded by 
other listing activity.
    Subsequently, in a petition dated April 30, 1991, and received by 
the Service on May 6, 1991, the ICBP requested the addition of another 
53 species of foreign birds to the List of Endangered and Threatened 
Wildlife. In the Federal Register of December 16, 1991 (56 FR 65207-
65208), the Service announced the finding that this petition had 
presented substantial information indicating that the requested action 
may be warranted. At that same time the Service initiated a status 
review of these 53 birds, with the comment period lasting until March 
16, 1992. The review yielded 22 comments, one of them expressing 
general support for listing and all the rest suggesting that listing of 
the salmon-crested cockatoo and/or the blue-throated macaw would 
interfere unnecessarily with the captive propagation of these species 
and with commerce in birds resulting from such propagation (there did 
not appear to be any question that wild populations of both species 
face severe threats and that importation of wild-caught individuals 
should be generally prohibited).
    Section 4(b)(3) of the Endangered Species Act of 1973, as amended 
in 1982 (Act), requires that, within 12 months of receipt of a petition 
to list, delist, or reclassify a species, a finding be made as to 
whether the requested action is warranted, not warranted, or warranted 
but precluded by other listing activity. In the case of the 1991 ICBP 
petition, available information supports listing of all 53 species. 
With respect to 15 of these species--those occurring in Africa and 
Madagascar, and on associated islands of the Atlantic and Indian 
Oceans--a recently published book (Collar and Stuart 1985) provides 
detailed status data. This same source provides data supporting the 
listing of 13 of the African birds covered by the 1980 ICBP petition, 
and the Service also possesses sufficient data to support the listing 
of the other 2 African birds so covered. With respect to the other 
birds included in the two petitions, data are available from several 
sources, some of which are unpublished. Compilation of these data is in 
progress and a listing proposal will be completed as soon as allowed by 
the Service's other listing responsibilities.
    Considering the above, the Service makes the finding, hereby 
incorporated and published together with this proposal, that the action 
requested by the ICBP 1980 and 1991 petitions, with respect to the 30 
African birds named below in the ``Summary of Factors Affecting the 
Species,'' is warranted, and that the action requested by the 1991 
petition, with respect to the 38 remaining species covered therein, is 
warranted but precluded by other listing activity. As soon as time 
allows, the Service will proceed with preparation of a proposed rule on 
these 38 species, which are: Kalinowski's tinamou (Nothoprocta 
kalinowskii), Junin grebe (Podiceps taczanowskii), Beck's petrel 
(Pterodroma becki), Fiji petrel (Pterodroma macgillivrayi), Heinroth's 
shearwater (Puffinus heinrothi), greater adjutant (Leptoptilos dubius), 
giant ibis (Pseudibis gigantea), Andean flamingo (Phoenicoparrus 
andinus), Brazilian merganser (Mergus octosetaceus), southern helmeted 
curassow (Pauxi unicornis), blue-billed curassow (Crax alberti), Bogota 
rail (Rallus semiplumbeus), Junin rail (Laterallus tuerosi), Jerdon's 
courser (Cursorius bitorquatus), slender-billed curlew (Numenius 
tenuirostris), salmon-crested cockatoo (Cacatua moluccensis), blue-
throated macaw (Ara glaucogularis), black-breasted puffleg (Eriocnemis 
nigrivestris), Esmeraldas woodstar (Acestrura berlepschi), yellow-
browed toucanet (Aulacorhynchus huallagae), helmeted woodpecker 
(Dryocopus galeatus), royal cinclodes (Cinclodes aricomae), white-
browed tit-spinetail (Leptasthenura xenothorax), brown-banded antpitta 
(Grallaria milleri), Stresemann's bristlefront (Merulaxis stresemanni), 
Brasilia tapaculo (Scytalopus novacapitalis), grey-winged cotinga 
(Tijuca condita), Kaempfer's tody-tyrant (Idioptilon kaempferi), ash-
breasted tit-tyrant (Anairetes alpinus), Bananal tyrannulet (Serpophaga 
araguayae), Peruvian plantcutter (Phytoma raimondii), Gurney's pitta 
(Pitta gurneyi), Niceforo's wren (Thryothorus nicefori), Socorro 
mockingbird (Mimodes graysoni), Caerulean paradise-flycatcher 
(Eutrichomyias rowleyi), Tumaco seedeater (Sporophila insulata), 
Floreana tree-finch (Camarhynchus pauper), and black-backed tanager 
(Tangara peruviana).

Summary of Factors Affecting the Species

    Section 4(a)(1) of the Endangered Species Act (16 U.S.C. 1531 et 
seq.) and regulations (50 CFR part 424) promulgated to implement the 
listing provisions of the Act set forth the procedures for adding 
species to the Federal Lists. A species may be determined to be 
endangered or threatened due to one or more of the following five 
factors described in Section 4(a)(1): (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. The application of these 
factors to the 30 African species named below is shown by the 
appropriate letter in parentheses (information from Collar and Andrew 
1988, Collar and Stuart 1985, and Grzimek 1975, unless otherwise 
noted). Also indicated is the date of the petition covering each 
species, the formal ICBP classification, and the proposed U.S. 
classification.
    Amsterdam albatross (Diomedia amsterdamensis).--1991 petition, ICBP 
endangered, proposed U.S. endangered; a large sea bird of the family 
Diomedeidae; known to breed only on Amsterdam Island, a French 
possession in the southern Indian Ocean. Destruction of nesting habitat 
by fires and introduced cattle (A) and predation by introduced rats and 
cats (C) have reduced numbers drastically. On the average, only five 
pairs were known to breed each year during the early 1980s.
    Thyolo alethe (Alethe choloensis).--1991 petition, ICBP endangered, 
proposed U.S. endangered; a small, ground-dwelling bird of the family 
Muscicapidae, related to the Old World robins and thrushes; known only 
from 13 small patches of submontane evergreen forest in southern Malawi 
and from 2 such areas in northern Mozambique. Suitable habitat already 
has been largely destroyed through human clearing and encroachment and 
remaining sites are at risk of destruction (A). About 1,500 pairs are 
estimated to survive.
    Uluguru bush-shrike (Malaconotus alius).--1980 petition, ICBP rare, 
proposed U.S. threatened; a small predatory bird of the family 
Laniidae, resembling the true shrikes in structure but utilizing more 
densely vegetated habitat and dwelling in the forest canopy; known only 
from the Uluguru Mountains in central Tanzania. Because of its dense 
forest habitat and evident low numbers, this bird has been difficult to 
locate and little is known of its status. However, the lower slopes of 
the mountains on which it lives are being steadily cleared and such 
activity places the species at risk (A). The Service would be 
particularly interested in receiving new information on the severity of 
this problem.
    Madagascar sea eagle (Haliaeetus vociferoides).--1980 petition, 
ICBP endangered, proposed U.S. endangered; a fish-hunting species of 
the family Accipitridae, related to and somewhat smaller than the 
American bald eagle; confined to the rivers, shorelines, and offshore 
islands of the west coast of central to northern Madagascar. Its 
numbers have dropped sharply since the last century, with only 96 
individuals being counted during the mid-1980s. Although reasons for 
the decline are unclear, hunting and deliberate nest destruction by 
people (B) are thought to be partly responsible.
    Madagascar serpent eagle (Eutriorchis astur).--1980 petition, ICBP 
endangered, proposed U.S. endangered; a raptor of the family 
Accipitridae, more closely related to the harrier hawks than to most 
other eagles; until recently, known only from 11 specimens collected 
over 50 years ago in the eastern forests of Madagascar. In 1988 an 
individual was observed and in 1990 a dead specimen was recovered, both 
in northeastern Madagascar (Raxworthy and Colston 1992). The species 
thus is known to survive, but it is apparently dependent on large 
tracts of undisturbed primary rainforest, and such habitat is rapidly 
being destroyed or adversely modified by human activity (A).
    Mauritius fody (Foudia rubra).--1980 petition, ICBP endangered, 
proposed U.S. endangered; a small weaver of the family Ploceidae, 
feeding on insects, nectar and small fruits; formerly widespread in the 
upland forests of the island of Mauritius, a part of the nation of the 
same name in the Indian Ocean. It now is restricted to the southwestern 
part of Mauritius, where perhaps only 150 breeding pairs survive. More 
than half of the population had been wiped out in 1973-1974 during a 
large-scale forest clearing project (A). The remaining birds are 
subject to intensive nest predation from rats, macaques, and other 
introduced animals (C).
    Rodrigues fody (Foudia flavicans).--1980 petition, ICBP endangered, 
proposed U.S. endangered; another small insectivorous weaver of the 
family Ploceidae; occurs only on the island of Rodrigues, a part of 
Mauritius in the Indian Ocean. Formerly abundant in a variety of 
habitats on the island, by 1983 only about 100 individuals survived in 
remnant patches of evergreen forest. The main problem appears to be 
competition with the related Madagascar fody (Foudia madagascariensis), 
which was introduced by people and which evidently has adapted better 
to all habitats except mature forest (E). Since the latter habitat has 
been largely destroyed by human activity, the range of F. flavicans has 
been greatly reduced (A). In addition, the species is threatened by 
predation from introduced rats (C) and by the effects of cyclones (E).
    Djibouti francolin (Francolinus ochropectus).--1991 petition, ICBP 
endangered, proposed U.S. endangered; a ground-dwelling, partridgelike 
bird of the family Phasianidae; restricted to highland forest in the 
country of Djibouti in northeastern Africa. Its restricted habitat is 
rapidly being destroyed by overgrazing, clearing, and other human 
activity (A). Only about 1,500 birds were thought to survive in 1985.
    Freira (Pterodroma madeira).--1991 petition, ICBP endangered, 
proposed U.S. endangered; a small sea bird of the family Procellariidae 
(petrels and shearwaters); known to breed only in the mountains of 
Madeira, an island possession of Portugal in the Atlantic Ocean. It has 
declined because of human bird and egg collectors (B), predation by 
introduced rats (C), and possibly natural climatic changes (E). Only 20 
breeding pairs may survive.
    Alaotra grebe (Tachybaptus rufolavatus).--1991 petition, ICBP 
endangered, proposed U.S. endangered; a small diving bird of the family 
Podicipedidae; known primarily from Lake Alaotra and adjacent marshes 
in northeastern Madagascar. Human alteration of the limited habitat of 
the Alaotra grebe (A), especially the introduction of exotic fish, 
resulted in a great increase there of the much more widespread little 
grebe (Tachybaptus ruficollis) and to extensive hybridization between 
the two species (E). It appears that the resulting genetic swamping of 
the Alaotra grebe is irreversible.
    White-breasted guineafowl (Agelastes meleagrides).--1991 petition, 
ICBP endangered, proposed U.S. endangered; a medium-sized ground-
dwelling bird of the family Numididae, related to turkeys and peacocks; 
originally occurred throughout the rainforest zone from Sierra Leone to 
Ghana. This species evidently is dependent on primary forest and is 
unable to survive in the dense undergrowth of secondary forest. It has 
disappeared from most of its range, mainly because of timber 
exploitation (A). It also has been severely affected by human hunting 
pressure (B). It may survive only in Ivory Coast and Liberia, and in 
only small numbers even there.
    Raso lark (Alauda razae).--1991 petition, ICBP endangered, proposed 
U.S. endangered; a songbird of the family Alauidae, closely related to 
the common Old World skylark; known only from Raso, one of the islands 
in the nation of Cape Verde off the west coast of Africa. This species 
was once common and widespread on Raso, but declined drastically 
because of a severe drought in the 1960s (E). The population may have 
fallen to only about 20 individuals in 1981. Numbers subsequently 
increased to at least 150, but the species is potentially threatened by 
climatic fluctuations (E), human settlement (A), and predation by 
introduced rats (C).
    Ibadan malimbe (Malimbus ibadanensis).--1991 petition, ICBP 
endangered, proposed U.S. endangered; another small weaver of the 
family Ploceidae, about the size of a house sparrow and with red 
markings; known only from southwestern Nigeria. The restricted range of 
this species is subject to intensive forest clearing (A). Although 
considered common when it was first discovered in 1951, it subsequently 
became very rare and prospects for survival are not favorable. The 
Ibadan malimbe does seem to have a limited tolerance to habitat 
modification, and the Service would be interested in obtaining more 
information about its potential to sustain itself.
    Algerian nuthatch (Sitta ledanti).--1980 petition, ICBP rare, 
proposed U.S. endangered; a member of the family Sittidae, about the 
size of a house sparrow but with a compact build, a long beak, and 
grayish coloration; known only from Mount Babor in northern Algeria. 
Discovered in 1975, this small arboreal species is dependent on forest 
habitat, including standing dead wood for nesting. Such habitat is 
being reduced by lumbering, fire, grazing of domestic livestock, and 
removal of dead wood for forestry management (A). About 80 pairs were 
estimated to survive in 1982.
    Canarian black oystercatcher (Haematopus meadewaldoi).--1980 
petition, ICBP extinct, proposed U.S. endangered; a shore bird of the 
family Haematopodidae, somewhat like a rail but with much stouter bill 
and legs, generally black plumage; known with certainty only from the 
eastern Canary Islands, a Spanish possession off northwestern Africa. 
This species seems always to have been uncommon and there have been no 
definite records since about 1913. It may have disappeared because of 
human disruption of its limited habitat and harvesting of the mollusks 
on which it fed (A), and because of predation by introduced cats and 
rats (C). Four apparently genuine reports of black oystercatchers--two 
on Tenerife in the Canaries and two on the coast of Senegal in West 
Africa--were made from 1968 to 1981, and give hope that the species 
still exists. The species is being included in this proposal based on 
the recent reports and on the reasonable prospect of rediscovery. Rare 
and elusive species are routinely found alive after years, decades, or 
even centuries of presumed extinction. Indeed, rediscovery of two of 
the other birds covered by this proposal--the Madagascar serpent eagle 
and the Madagascar pochard--was announced while the proposal was being 
drafted. The October 1993 issue of the journal Oryx contains 
announcements that three species--a bird, a mammal, and a reptile--none 
of which had been seen for at least 30 years, had all been found alive. 
The U.S. List of Endangered and Threatened Wildlife already includes 
many such rediscovered species. Examples are the parma wallaby 
(Macropus parma), which was thought extinct for 33 years; the dibbler 
(Antechinus apicalis), which was thought extinct for 83 years; and the 
mountain pygmy possum (Burramys parvus), which was thought to have 
disappeared many thousands of years ago in the Ice Age. The Service 
makes a special request for new information that might help assess the 
status of the Canarian black oystercatcher and for informed opinions 
from authorities as to its appropriate treatment. Such comments, or the 
lack thereof, will be considered in the development of any final rule 
and could lead to a decision not to proceed with the listing of this 
species.
    Seychelles lesser vasa parrot (Coracopsis nigra barklyi).--1980 
petition, ICBP endangered, proposed U.S. endangered; a member of the 
family Psittacidae, generally dark brown in color and about 10 inches 
(25 centimeters) long; known only from Praslin, one of the islands in 
Seychelles, a nation off the east coast of Africa. Originally common on 
the island, this species declined rapidly in the mid-20th century as 
its palm forest habitat was destroyed by human cutting and burning (A). 
The one remaining population was estimated to number about 30 to 50 
individuals in 1965, though it subsequently may have increased to about 
100 after efforts were made to protect it and its remaining habitat 
(King 1981, Silva 1989).
    Mascarene black petrel (Pterodroma aterrima).--1980 petition, ICBP 
endangered, proposed U.S. endangered; a small sea bird of the family 
Procellariidae; originally found on the islands of Reunion and 
Rodrigues, which are parts of Mauritius in the Indian Ocean. It seems 
to have disappeared from Rodrigues by the 18th century and to have 
become extremely rare on Reunion. Reasons for the decline are not 
precisely known, but may involve human hunting (B), predation by 
introduced rats and cats (C), and absorption of pesticides harmful to 
reproduction (E).
    Pink pigeon (Nesoenas mayeri).--1980 petition, ICBP endangered, 
proposed U.S. endangered; a member of the family Columbidae, about the 
size of the domestic pigeon (Columba domestica), but with shorter and 
more rounded wings and generally pink in color (Goodwin 1977); known 
only from southwestern Mauritius in the Indian Ocean. This species has 
declined because of the clearing of its native forest habitat by people 
(A), human hunting for use as food (B), and predation by introduced 
rats and macaques (C). Remnant populations also became more vulnerable 
to the effects of cyclones and natural food shortages (E). The pink 
pigeon already was rare by the 1830s and currently the single known 
wild group contains only about 20 birds. Larger numbers exist in 
captivity.
    White-tailed laurel pigeon (Columba junoniae).--1980 petition, ICBP 
rare, proposed U.S. threatened; a large member of the family 
Columbidae, closely related to the common Old World wood pigeon 
(Columba palumbus); known only from the Canary Islands, a Spanish 
possession off northwestern Africa. Early reports suggest that this 
species may once have occurred throughout the Canaries, though it is 
known with certainty only from the western islands of Tenerife, La 
Palma, and Gomera. It now is relatively common only on parts of La 
Palma. Elsewhere it has disappeared or declined in conjunction with 
human destruction of the endemic Canarian laurel forests (A). Some of 
the remnant populations appear to be stable, following legal measures 
to protect them and their forest habitat.
    Madagascar pochard (Aythya innotata).--1991 petition, ICBP 
endangered, proposed U.S. endangered; a diving duck of the family 
Anatidae; apparently confined to freshwater lakes and pools in the 
northern central plateau of Madagascar. Although still common around 
1930, this species subsequently declined drastically because of large-
scale hunting by people (B). It may also have been adversely affected 
by the introduction of exotic fish and accidental capture by people 
netting the fish (E). It probably is on the brink of extinction; there 
had been no definite records between 1970 and August 1991, when a 
specimen was captured alive and placed in the Botanical Garden at 
Antananarivo (Oryx, April 1992, 26:73).
    Dappled mountain robin (Modulatrix orostruthus).--1980 petition, 
ICBP rare, proposed U.S. threatened; a thrush of the family 
Muscicapidae; occurs in three isolated patches of montane forest, one 
in northern Mozambique and two in eastern Tanzania. Much of the 
rainforest habitat on which the species depends has been cleared for 
agricultural purposes (A). The population in Mozambique has not been 
recorded since 1932. The other two populations may number in the 
hundreds or low thousands.
    Marungu sunbird (Nectarinia prigoginei).--1991 petition, ICBP 
endangered, proposed U.S. endangered; a nectar-feeding bird of the 
family Nectarinidae, characterized by small size and a long bill, 
somewhat comparable to the hummingbirds superficially; known only from 
the Marungu Highlands of southeastern Zaire. The remnant riparian 
forest on which this species probably depends covers only a small part 
of the Marungu Highlands and is under severe pressure from logging and 
from the erosion of stream banks caused by the overgrazing of cattle 
(A).
    Taita thrush (Turdus helleri).--1991 petition, ICBP endangered, 
proposed U.S. endangered; a dark-colored, ground-dwelling member of the 
family Muscicapidae; apparently confined to highlands in southeastern 
Kenya. This species occurs at low density and depends on limited forest 
habitat. Such areas now have been mostly cleared for agricultural 
purposes or to obtain firewood (A). The only relatively well-known 
population occupies an area of about 3 square miles (5 square 
kilometers) and may contain several hundred individuals.
    Bannerman's turaco (Tauraco bannermani).--1991 petition, ICBP 
endangered, proposed U.S. endangered; a frugivorous parrot of the 
family Musophagidae, characterized by a generally greenish color and a 
conspicuous crest; known only from the Bamenda-Banso Highlands in 
western Cameroon. The montane forest habitat of this species is being 
rapidly cleared as a result of cultivation, overgrazing by domestic 
livestock, wood-cutting, and fires (A).
    Seychelles turtle dove (Streptopelia picturata rostrata).--1980 
petition, ICBP endangered, proposed U.S. endangered; a member of the 
family Columbidae, somewhat smaller than the domestic pigeon (Columba 
domestica) and generally dark grayish purple in color (Goodwin 1977); 
formerly found throughout Seychelles, an island nation off eastern 
Africa. This subspecies declined through hybridization with the related 
and more adaptable S. p. picturata, which was introduced from 
Madagascar in the mid-19th century (E). S. p. rostrata had become very 
rare by 1965 and pure individuals may have nearly vanished by 1975 
(King 1981). However, according to Dr. Mike Rands, who operates the 
ICBP Seychelles program, and Ms. Alison Stattersfield (letter of 
November 11, 1993), also of the ICBP and who recently visited 
Seychelles, the subspecies rostrata does survive and is morphologically 
distinctive, at least on Cousin Island, though some hybridization 
probably has occurred. Therefore, even if genetically pure populations 
of this turtle dove no longer exist--which itself is not yet known with 
certainty--there are groups that could potentially be salvageable for 
captive breeding experiments and eventual efforts at restoration of a 
wild population with the predominant original morphological, 
behavioral, and ecological characters of the subspecies.
    Pollen's vanga (Xenopirostris polleni).--1980 petition, ICBP rare, 
proposed U.S. threatened; a predatory bird of the endemic Malagasy 
family Vangidae, somewhat similar to the shrikes; occurs in the 
rainforests of eastern Madagascar. Although still widely distributed, 
this species has declined and become rare as its forest habitat has 
been destroyed and modified by people (A).
    Van Dam's vanga (Xenopirostris damii).--1980 petition, ICBP rare, 
proposed U.S. threatened; another member of the Vangidae; occurs in 
northwestern Madagascar. Because of deforestation this species appears 
to have become restricted to a single area of primary deciduous forest 
at Ankarafantsika (A). However, that area is currently protected and 
the bird reportedly is present there in fairly good numbers.
    Aldabra warbler (Nesillas aldabranus).--1991 petition, ICBP 
endangered, proposed U.S. endangered; a small song bird of the family 
Muscicapidae; restricted to a small part of Aldabra, one of the islands 
of Seychelles, a nation off the east coast of Africa. The ICBP refers 
to this warbler as the ``rarest, most restricted and most highly 
threatened species of bird in the world.'' Discovered only in 1967, it 
seems to have been confined to an area of approximately 25 acres (10 
hectares) of coastal vegetation on Aldabra. This habitat is being 
destroyed by introduced goats and rats (A), and the latter also prey on 
nests (C).
    Banded wattle-eye (Platysteira laticincta).--1991 petition, ICBP 
endangered, proposed U.S. endangered; a small flycatcher of the family 
Muscicapidae, characterized by pale plumage and a wattle of bare red 
skin above the eye; known only from the Bamenda Highlands in western 
Cameroon. Although this species is considered reasonably common in the 
remnant montane forests on which it depends, such habitat is being 
rapidly cleared and fragmented as a result of cultivation, overgrazing 
by domestic livestock, wood-cutting, and fires (A).
    Clarke's weaver (Ploceus golandi).--1991 petition, ICBP endangered, 
proposed U.S. endangered; a member of the family Ploceidae; known only 
from a small forested area between Kilifi Creek and the Sabaki River on 
the southeastern coast of Kenya. Numbers have been estimated at 1,000 
to 2,000 pairs, but are declining because of excessive logging (A). At 
present rates of destruction, all favorable habitat could be eliminated 
within about 15 years. Even though a portion of the habitat is legally 
protected, enforcement has not been effective (D).
    The decision to propose the addition of the above 30 kinds of 
African birds to the List of Endangered and Threatened Wildlife was 
based on an assessment of the best available scientific information, 
and of past, present, and probable future threats to these birds. All 
have suffered substantial losses in habitat and/or numbers in recent 
years and are vulnerable to human exploitation and disturbance. If 
conservation measures are not implemented, further declines are likely 
to occur, increasing the danger of extinction for these birds. Critical 
habitat is not being determined, as such designation is not applicable 
to foreign species.

Available Conservation Measures

    Conservation measures provided to species listed as endangered or 
threatened pursuant to the Act include recognition, recovery actions, 
requirements for Federal protection, and prohibitions against certain 
practices. Recognition through listing encourages conservation measures 
by Federal, international, and private agencies, groups, and 
individuals.
    Section 7(a) of the Act, as amended, and as implemented by 
regulations at 50 CFR part 402, requires Federal agencies to evaluate 
their actions that are to be conducted within the United States or on 
the high seas, with respect to any species that is proposed or listed 
as endangered or threatened and with respect to its proposed or 
designated critical habitat (if any). Section 7(a)(2) requires Federal 
agencies to ensure that activities they authorize, fund, or carry out 
are not likely to jeopardize the continued existence of a listed 
species or to destroy or adversely modify its critical habitat. If a 
proposed Federal action may affect a listed species, the responsible 
Federal agency must enter into formal consultation with the Service. No 
such activities are currently known with respect to the species covered 
by this rule.
    Section 8(a) of the Act authorizes the provision of limited 
financial assistance for the development and management of programs 
that the Secretary of the Interior determines to be necessary or useful 
for the conservation of endangered species in foreign countries. 
Sections 8(b) and 8(c) of the Act authorize the Secretary to encourage 
conservation programs for foreign endangered species, and to provide 
assistance for such programs, in the form of personnel and the training 
of personnel.
    Section 9 of the Act, and implementing regulations found at 50 CFR 
17.21 and 17.31 set forth a series of general prohibitions and 
exceptions that apply to all endangered and threatened wildlife. These 
prohibitions, in part, make it illegal for any person subject to the 
jurisdiction of the United States to take within the United States or 
on the high seas, import or export, ship in interstate commerce in the 
course of commercial activity, or sell or offer for sale in interstate 
or foreign commerce any endangered wildlife. It also is illegal to 
possess, sell, deliver, transport, or ship any such wildlife that has 
been taken in violation of the Act. Certain exceptions apply to agents 
of the Service and State conservation agencies.
    Permits may be issued to carry out otherwise prohibited activities 
involving endangered and threatened wildlife under certain 
circumstances. Regulations governing permits are codified at 50 CFR 
17.22, 17.23, and 17.32. Such permits are available for scientific 
purposes, to enhance propagation or survival, or for incidental take in 
connection with otherwise lawful activities. For threatened species, 
there also are permits available for zoological exhibition, educational 
purposes, or special purposes consistent with the purposes of the Act.

Public Comments Solicited

    The Service intends that any final rule adopted will be accurate 
and as effective as possible in the conservation of endangered or 
threatened species. Therefore, comments and suggestions concerning any 
aspect of this proposed rule are hereby solicited from the public, 
concerned governmental agencies, the scientific community, industry, 
private interests, and other parties. Comments particularly are sought 
concerning the following:
    (1) Biological, commercial, or other relevant data concerning any 
threat (or lack thereof) to the subject species;
    (2) The location of any additional populations of the subject 
species;
    (3) Additional information concerning the distribution of these 
species; and
    (4) Current or planned activities in the involved areas, and their 
possible effect on the subject species.
    Final promulgation of the regulations on the subject species will 
take into consideration the comments and any additional information 
received by the Service, and such communications may lead to a final 
decision that differs from this proposal.
    The Endangered Species Act provides for a public hearing on this 
proposal, if requested. Requests must be filed within 45 days of the 
date of publication of the proposal, must be in writing, and should be 
directed to the party named in the above ADDRESSES section.

National Environmental Policy Act

    The Service has determined that an Environmental Assessment, as 
defined under the authority of the National Environmental Policy Act of 
1969, need not be prepared in connection with regulations adopted 
pursuant to section 4(a) of the Endangered Species Act, as amended. A 
notice outlining the Service's reasons for this determination was 
published in the Federal Register of October 25, 1983 (48 FR 49244).

Literature Cited

Collar, N.J., and P. Andrew. 1988. Birds to watch. International 
Council for Bird Preservation Technical Publication, number 8.
Collar, N.J., and S.N. Stuart. 1985. Threatened birds of Africa and 
related islands. The ICBP/IUCN red data book, Part 1. International 
Council for Bird Preservation, Cambridge, U.K.
Goodwin, D. 1977. Pigeons and doves of the world. British Museum 
(Natural History), London.
Grzimek, B., ed. 1975. Grzimek's animal life encyclopedia. Van 
Nostrand Reinhold Co., New York, volumes 7, 8, and 9.
King, W.B. 1981. Endangered birds of the world. The ICBP bird red 
data book. Smithsonian Institution Press, Washington, D.C.
Raxworthy, C.J., and P.R. Colston. 1992. Conclusive evidence for the 
continuing existence of the Madagascar serpent-eagle Eutriorchis 
astur. Bulletin of the British Ornithological Club 112(2):108-111.
Silva, T. 1989. A monograph of endangered parrots. Silvio 
Mattacchione and Co., Pickering, Ontario.

Author

    The primary author of this proposed rule is Ronald M. Nowak, 
Office of Scientific Authority, U.S. Fish and Wildlife Service, 
Washington, D.C. 20240 (phone 703-358-1708).

List of Subjects in 50 CFR Part 17

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

Proposed Regulations Promulgation

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

PART 17--[AMENDED]

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

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

    2. Section 17.11(h) is amended by adding the following, in 
alphabetical order under BIRDS, to the List of Endangered and 
Threatened Wildlife:


Sec. 17.11  Endangered and threatened wildlife.

* * * * *
    (h) * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
                     Species                                                   Vertebrate population                                                    
---------------------------------------------------      Historic range         where endangered or      Status    When listed    Critical     Special  
       Common name             Scientific name                                       threatened                                   habitat       rules   
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                        
                                                                      * * * * * * *                                                                     
          Birds                                                                                                                                         
                                                                                                                                                        
                                                                      * * * * * * *                                                                     
Albatross, Amsterdam....  Diomedia amsterdamensis.  Amsterdam Island (Indian  Entire.................  E           ...........           NA           NA
                                                     Ocean).                                                                                            
                                                                                                                                                        
                                                                      * * * * * * *                                                                     
Alethe, Thyolo..........  Alethe choloensis.......  Malawi, Mozambique......  Entire.................  E           ...........           NA           NA
                                                                                                                                                        
                                                                      * * * * * * *                                                                     
Bush-shrike, Ulugura....  Malaconotus alius.......  Tanzania................  Entire.................  T           ...........           NA           NA
                                                                                                                                                        
                                                                      * * * * * * *                                                                     
Eagle, Madagascar sea...  Haliaeetus vociferoides.  Madagascar..............  Entire.................  E           ...........           NA           NA
                                                                                                                                                        
                                                                      * * * * * * *                                                                     
Eagle, Madagascar         Eutriorchis astur.......  Madagascar..............  Entire.................  E           ...........           NA           NA
 serpent.                                                                                                                                               
                                                                                                                                                        
                                                                      * * * * * * *                                                                     
Fody, Mauritius.........  Foudia rubra............  Mauritius...............  Entire.................  E           ...........           NA           NA
                                                                                                                                                        
                                                                      * * * * * * *                                                                     
Fody, Rodrigues.........  Foudia flavicans........  Rodrigues Island          Entire.................  E           ...........           NA           NA
                                                     (Mauritius).                                                                                       
                                                                                                                                                        
                                                                      * * * * * * *                                                                     
Francolin, Djibouti.....  Francolinus ochropectus.  Djibouti................  Entire.................  E           ...........           NA           NA
                                                                                                                                                        
                                                                      * * * * * * *                                                                     
Freira..................  Pterodroma madeira......  Madeira Island (Atlantic  Entire.................  E           ...........           NA           NA
                                                     Ocean).                                                                                            
                                                                                                                                                        
                                                                      * * * * * * *                                                                     
Grebe, Alaotra..........  Tachybaptus rufoflavatus  Madagascar..............  Entire.................  E           ...........           NA           NA
                                                                                                                                                        
                                                                      * * * * * * *                                                                     
Guineafowl, white-        Agelastes meleagrides...  West Africa.............  Entire.................  E           ...........           NA           NA
 breasted.                                                                                                                                              
                                                                                                                                                        
                                                                      * * * * * * *                                                                     
Lark, Raso..............  Alauda razae............  Raso Island (Cape Verde)  Entire.................  E           ...........           NA           NA
                                                                                                                                                        
                                                                      * * * * * * *                                                                     
Malimbe, Ibadan.........  Malimbus ibadanensis....  Nigeria.................  Entire.................  E           ...........           NA           NA
                                                                                                                                                        
                                                                      * * * * * * *                                                                     
Nuthatch, Algerian......  Sitta ledanti...........  Algeria.................  Entire.................  E           ...........           NA           NA
                                                                                                                                                        
                                                                      * * * * * * *                                                                     
Oystercatcher, Canarian   Haematopus meadewaldoi..  Canary Islands (Atlantic  Entire.................  E           ...........           NA           NA
 black.                                              Ocean).                                                                                            
                                                                                                                                                        
                                                                      * * * * * * *                                                                     
Parrot, Seychelles        Coracopsis nigra barklyi  Praslin Island            Entire.................  E           ...........           NA           NA
 lesser vasa.                                        (Seychelles).                                                                                      
                                                                                                                                                        
                                                                      * * * * * * *                                                                     
Petrel, Mascarene black.  Pterodroma aterrima.....  Reunion Island            Entire.................  E           ...........           NA           NA
                                                     (Mauritius).                                                                                       
                                                                                                                                                        
                                                                      * * * * * * *                                                                     
Pigeon, pink............  Nesoenas mayeri.........  Mauritius...............  Entire.................  E           ...........           NA           NA
                                                                                                                                                        
                                                                      * * * * * * *                                                                     
Pigeon, white-tailed      Columba junoniae........  Canary Islands (Atlantic  Entire.................  T           ...........           NA           NA
 laurel.                                             Ocean).                                                                                            
                                                                                                                                                        
                                                                      * * * * * * *                                                                     
Pochard, Madagascar.....  Aythya innotata.........  Madagascar..............  Entire.................  E           ...........           NA           NA
                                                                                                                                                        
                                                                      * * * * * * *                                                                     
Robin, dappled mountain.  Modulatrix orostruthus..  Mozambique, Tanzania....  Entire.................  T           ...........           NA           NA
                                                                                                                                                        
                                                                      * * * * * * *                                                                     
Sunbird, Marungu........  Nectarinia prigoginei...  Zaire...................  Entire.................  E           ...........           NA           NA
                                                                                                                                                        
                                                                      * * * * * * *                                                                     
Thrush, Taita...........  Turdus helleri..........  Kenya...................  Entire.................  E           ...........           NA           NA
                                                                                                                                                        
                                                                      * * * * * * *                                                                     
Turaco, Bannerman's.....  Tauraco bannermani......  Cameroon................  Entire.................  E           ...........           NA           NA
                                                                                                                                                        
                                                                      * * * * * * *                                                                     
Turtle dove, Seychelles.  Streptopelia picturata    Seychelles..............  Entire.................  E           ...........           NA           NA
                           rostrata.                                                                                                                    
                                                                                                                                                        
                                                                      * * * * * * *                                                                     
Vanga, Pollen's.........  Xenopirostris polleni...  Madagascar..............  Entire.................  T           ...........           NA           NA
                                                                                                                                                        
                                                                      * * * * * * *                                                                     
Vanga, Van Dam's........  Xenopirostris damii.....  Madagascar..............  Entire.................  T           ...........           NA           NA
                                                                                                                                                        
                                                                      * * * * * * *                                                                     
Warbler, Aldabra........  Nesillas aldabranus.....  Aldabra Island            Entire.................  E           ...........           NA           NA
                                                     (Seychelles).                                                                                      
                                                                                                                                                        
                                                                      * * * * * * *                                                                     
Wattle-eye, banded......  Platysteira laticincta..  Cameroon................  Entire.................  E           ...........           NA           NA
                                                                                                                                                        
                                                                      * * * * * * *                                                                     
Weaver, Clarke's........  Ploceus golandi.........  Kenya...................  Entire.................  E           ...........           NA           NA
                                                                                                                                                        
                                                                      * * * * * * *                                                                     
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Dated: March 14, 1994.
Mollie H. Beattie,
Director, Fish and Wildlife Service.
[FR Doc. 94-7226 Filed 3-25-94; 8:45 am]
BILLING CODE 4310-55-P