[Federal Register Volume 59, Number 231 (Friday, December 2, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-29673]


[[Page Unknown]]

[Federal Register: December 2, 1994]


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DEPARTMENT OF THE INTERIOR
50 CFR Part 15
RIN 1018-AC15
 

Importation of Exotic Wild Birds to the United States; Final Rule 
Implementing the Wild Bird Conservation Act of 1992

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: On October 23, 1992, the Wild Bird Conservation Act of 1992 
(WBCA) was signed into law, the purposes of which include promoting the 
conservation of exotic birds by: Ensuring that all imports of exotic 
bird species into the United States are biologically sustainable and 
not detrimental to the species; ensuring that imported birds are not 
subject to inhumane treatment during capture and transport; and 
assisting wild bird conservation and management programs in countries 
of origin. This final rule implements procedures for the establishment 
of an approved list of species listed in the Appendices to the 
Convention on International Trade in Endangered Species of Wild Fauna 
and Flora that may be imported without a WBCA permit because it has 
been determined that trade in these species involves only captive-bred 
specimens.

EFFECTIVE DATE: This rule is effective January 3, 1995.

FOR FURTHER INFORMATION CONTACT: Dr. Susan S. Lieberman, U.S. Fish and 
Wildlife Service, Office of Management Authority, 4401 N. Fairfax 
Drive, room 420C, Arlington VA 22203, telephone (703) 358-2093.

SUPPLEMENTARY INFORMATION: This final rule implements aspects of the 
WBCA, which was signed into law on October 23, 1992. This is the second 
of two rulemakings under the WBCA; the first final rulemaking under the 
WBCA was published in the Federal Register on November 16, 1993 (58 FR 
60524). The WBCA limits or prohibits imports of exotic bird species to 
ensure that their wild populations are not harmed by trade. It also 
encourages wild bird conservation programs in countries of origin by 
both ensuring that all imports of such species into the United States 
are biologically sustainable and not detrimental to the species, and by 
creating an Exotic Bird Conservation Fund to provide conservation 
assistance in countries of origin. The final rule of November 16, 1993, 
summarized the effects of the WBCA and established procedures for 
obtaining import permits authorized by the WBCA.
    An immediate moratorium, effective October 23, 1992, was 
established on the importation of 10 species of wild birds of 
particular concern that were listed in Appendix II of the Convention on 
International Trade in Endangered Species of Wild Fauna and Flora 
(CITES, or Convention), two of which were moved to Appendix I at the 
March 1992 CITES meeting. The prohibition on importation of those 
species was announced in the Federal Register on December 4, 1992 (57 
FR 57510).
    During the one-year period immediately following enactment of the 
WBCA, from October 23, 1992, to October 22, 1993, import quotas were 
established for CITES-listed bird species. Those quotas were announced 
in the Federal Register on December 4, 1992 (57 FR 57510). A notice 
published on March 30, 1993 (58 FR 16644), solicited public comments 
and announced a public meeting, held April 15-16, 1993, to receive 
input from the public for the development of regulations to implement 
some of the provisions of the WBCA. Useful input was received from a 
broad cross-section of interested members of the public who 
participated in the meeting and submitted comments in writing; that 
input has been used to develop this final rule. A notice published on 
April 16, 1993 (58 FR 19840), announced species for which the quotas 
had been met and no further individual birds could be imported.
    With the publication of the final rule of November 16, 1993, 
imports of all CITES-listed birds (as defined in the final rule) are 
prohibited, except for (a) species included in an approved list; (b) 
specimens for which an import permit has been issued; (c) species from 
countries that have approved management plans for those species; or (d) 
specimens from approved foreign captive-breeding facilities. The U.S. 
Fish and Wildlife Service (Service) published a proposed rule in the 
Federal Register on March 17, 1994 (59#FR 12784), that would implement 
procedures for approval of foreign captive-breeding facilities and 
establishment of an approved list of species listed in the CITES 
Appendices that can be imported without a WBCA permit; that approved 
list is published herein.
    As a result of a lawsuit filed on February 15, 1994, by the Humane 
Society of the United States and Defenders of Wildlife, and a resultant 
District Court Order that found a portion of the regulation in the 
November 16, 1993, Federal Register (58 FR 60524) invalid, the Service, 
consistent with that Court Order, announced in the Federal Register on 
May 24, 1994 (59 FR 26810), that all exotic birds listed in Appendix 
III of CITES are covered by the automatic import moratorium of the 
WBCA, regardless of their country of origin. A proposed rule was 
published on June 3, 1994 (59 FR 28826), to promulgate that regulatory 
change.
    This rule finalizes those proposals made in the Federal Register of 
March 17, 1994, for the approved list of captive-bred species, with 
some modifications based on comments received and further analysis by 
the Service. The proposed regulations for the approval of foreign 
breeding facilities and the approved list for wild-caught CITES-listed 
species will be addressed in a future final rulemaking.

Comments and Information Received

    The Service received roughly 4800 comments from the public, 
including over 4600 form letters from private aviculturists (bird 
breeders) and comments from 6 conservation and/or animal welfare 
organizations, 1 zoological organization, 2 scientific organizations, 1 
representative of the pet industry, 2 private companies, 3 importers, 
11 avicultural organizations, and 6 falconry/raptor breeder 
organizations; the remaining comments were from other private 
individuals.

Comments of a General Nature

    Several commenters, including a scientific organization, several 
conservation organizations, a zoological organization, an avicultural 
organization, and some private individuals, supported the criteria for 
listing species on the approved list of captive-bred species and the 
proposed list of captive-bred species in their entirety.
    Numerous comments contended that the proposed list of approved 
captive-bred species was too restrictive and allowed for the captive 
breeding of only those species on the approved list. The Service is 
aware that the proposed list of approved captive-bred species has 
caused misunderstanding and confusion in the avicultural community and 
wishes to clarify what the WBCA and the approved list for captive-bred 
species actually regulates. Neither the Wild Bird Conservation Act nor 
the Service's regulations implementing Section 106 of the Act impose 
new burdens or requirements on buying, selling, breeding, transport, 
interstate commerce, or export of birds bred in the United States. 
Those activities are not regulated by the WBCA. What the WBCA does is 
to restrict imports of bird species listed in the CITES Appendices, 
whether taken from the wild or bred in captivity.
    Species listed on the approved list of captive-bred species are 
those species that can be imported into the United States without a 
WBCA permit. This approved list of captive-bred species does not 
regulate the breeding, selling, transport, interstate commerce, or 
export of birds bred in the United States. Several commenters were 
under the false impression that, if a species is not on the approved 
list of captive-bred species, this species could not be possessed or 
bred in the United States. The Service encourages such captive breeding 
within the United States to meet the commercial demand for pet birds. 
The Service also notes that the approved list of captive-bred species 
only means that the species is approved for import without a WBCA 
permit; it does not mean that the Service does not approve the breeding 
of other species. The Service is in the process of working to ease the 
bird breeding public's concerns by initiating a program of public 
education on the WBCA and its regulations.

Comments Pertaining to Section 15.31: Criteria for Including Species in 
the Approved List for Captive-Bred Species

    This section establishes the criteria for the inclusion of captive-
bred species in the approved list. Pursuant to Section 106 of the WBCA, 
the Secretary of the Interior (Secretary) is required to publish a list 
of species of exotic birds that are listed in an appendix to the 
Convention and that are not subject to a prohibition or suspension of 
importation otherwise applicable under the WBCA. In order to list a 
species as exclusively captive-bred, the Service is required by the 
statute to determine that the species is regularly bred in captivity 
and that no wild-caught birds of the species are in trade, legally or 
illegally.
    These captive-bred species can be imported into the United States 
without meeting any additional requirements of the Wild Bird 
Conservation Act or this Part 15; however, all of the existing 
requirements in Parts 13 and 14, Part 17 (species listed as endangered 
or threatened under the Endangered Species Act (ESA)), Part 21 
(Migratory Bird Treaty Act), and Part 23 (species listed in the 
Appendices to the Convention, or CITES) must still be complied with.
    This section establishes the following criteria for the approval of 
the importation of captive-bred species:
    (a) All specimens of the species known to be in trade (legal or 
illegal) must be captive-bred;
    (b) No specimens of the species can be known to be removed from the 
wild for commercial purposes;
    (c) Any importation of specimens of the species must not be 
detrimental to the survival of the species in the wild; and
    (d) Adequate enforcement controls must be in place in countries of 
export to ensure compliance with the aforementioned paragraphs. Imports 
of species approved according to the criteria of this section are not 
limited to specimens originating from qualifying facilities as 
described under Subpart E of this Part.
    If a species is bred in captivity in large numbers, but individual 
birds of that species are frequently, sometimes, or even rarely taken 
from the wild, or if there are enforcement concerns that illegal trade 
occurs in the species, the statute does not allow that species to be 
included as a captive-bred species. However, individual captive-bred 
birds may still be imported into the United States under one of the 
following conditions: (1) the foreign breeding facility could be 
approved pursuant to Subpart E of this Part 15; or (2) a permit for an 
individual import could be obtained pursuant to Subpart C, if the 
requirements of that Subpart are met.
    As established in the WBCA, the Service will periodically review 
the list of species that meet the approval criteria for the importation 
of captive-bred species. Any changes [additions and/or deletions] to 
this approved list will be proposed in the Federal Register for public 
comment, followed by a final rule in which the proposed changes will be 
made or an explanation provided for not making them.
    Numerous commenters, including 762 form letters from aviculturists, 
requested that all captive-bred birds be exempted from the WBCA and its 
implementing regulations. The Service disagrees, since that is not 
allowed by the statute. One of the purposes of the WBCA is to assist 
wild bird conservation and management in the countries of origin. 
However, except for the 10 bird families specifically exempted from the 
WBCA, the WBCA applies to all species of exotic birds being exported 
from any country, whether individual birds are of captive or wild 
origin. In passing the WBCA, Congress recognized that there are serious 
concerns that wild-caught birds are often intentionally misrepresented 
as captive-bred. For this reason, the law specifies criteria for the 
import of captive-bred species; it does not simply exempt them. 
Furthermore, the Service is aware of illegal trade whereby wild-caught 
birds are misrepresented as captive-bred and laundered as captive-bred 
birds. Therefore, it would be inconsistent with both the plain language 
and intent of the statute to exempt entirely all birds that are claimed 
to be bred in captivity from the provisions of the law. However, the 
Service notes that, in addition to the list of approved captive-bred 
species, several other ways exist to import captive-bred birds into the 
United States under the WBCA.
    Numerous commenters objected to the Service's use of the standards 
adopted by the State of New York with respect to establishing the 
criteria for including species in the approved list for captive-bred 
species, and commented that such standards were too restrictive. The 
Service disagrees. The Service was advised to adopt such standards by 
the House of Representatives Committee Report for the WBCA. The House 
Merchant Marine and Fisheries Committee advised the Service ``to use 
the standards adopted by the State of New York with respect to 
importation of captive-bred species, and include such species on the 
approved list under this section, as long as the Secretary believes 
that trade based on these standards will not result in harm to species 
in the wild'' [House Report No. 102-749 (I) pages 1602-1603]. These 
standards would include species of exotic birds in the approved list if 
the species is regularly bred in captivity and none are taken from the 
wild for trade. Many commenters stated that many more species are bred 
in captivity than occur on the New York State Approved List of Captive-
bred Species and that this list was adopted years ago when avicultural 
techniques were not as developed as they are today. The Service agrees 
that many more species are bred in captivity now than when New York 
State developed its regulations and approved list. The Service has 
adopted the standards used by New York State in developing its criteria 
for the approval of captive-bred species, and has included many species 
that are not found on the New York State approved list of captive-bred 
species.
    Animal welfare organizations and one conservation organization 
supported the criteria for including species on the approved list of 
captive-bred species, but requested that additional criteria be added 
to conform to CITES requirements for the humane transport of live 
animals. They requested that species experiencing 10% or higher 
mortality in transit or 15% or higher mortality in quarantine not be 
included on the approved list of captive-bred species. Although the 
Service is concerned about the humane treatment and transport of all 
birds, it disagrees that such criteria are required for including 
species on the approved list of captive-bred species. The Service 
implements requirements for the humane and healthful transport of live 
birds imported into the United States through its implementation of the 
Lacey Act humane and healthful transport requirements, found in 50 CFR 
Part 14. In including species on the approved list of captive-bred 
species, the Service is required to determine that the species is 
regularly bred in captivity and no wild-caught birds of the species are 
in trade, legally or illegally. The Service notes as well that 
mortalities in shipments of birds that are bred in captivity tend to be 
lower than those of wild-caught birds.
    Several aviculturists commented that the approved list of captive-
bred species should include species where captive breeding of the 
species is needed to conserve the species. The Service recognizes the 
contribution that captive breeding may make to the conservation of some 
species, but the statute does not instruct the Secretary to list a 
species on the approved list of captive-bred species using such 
criteria. If an ex-situ captive-breeding program is needed for a 
species' conservation, wild-caught or captive-bred birds may be 
imported from approved overseas breeding facilities, from countries 
with approved management plans, and for scientific research, zoological 
breeding, and approved cooperative breeding programs under WBCA permits 
available from the Service. The Service notes that cooperative breeding 
programs encourage such conservation efforts.
    Several aviculturists commented that the approved list of captive-
bred species would cause a loss of genetic diversity in captive 
populations of birds in the U.S. and restrict access to new bloodlines 
for a species' conservation. The Service disagrees and notes that birds 
which are not on the approved list of captive-bred species may still be 
imported into the U.S. under the WBCA in several other ways: from 
approved overseas breeding facilities, from countries with approved 
management plans, and for scientific research, zoological breeding, and 
approved cooperative breeding programs. Congress included the 
exemptions for zoological breeding and cooperative breeding programs 
for just this purpose. The Service notes that it is not the intent of 
approval of captive-bred species to enhance conservation of a species, 
but rather to facilitate imports of specimens that in no way impact 
wild populations.
    Numerous aviculturists (including 2318 represented by form 
letters), a representative of the pet industry, avicultural groups, and 
several importers commented that any species that is regularly captive-
bred, and that is prohibited from export for the pet trade by its 
country of origin, should be listed on the approved list of captive-
bred species (regardless of enforcement concerns). For example, they 
recommend that all species which are regularly bred in captivity and 
are indigenous solely to Australia, a country from which there is no 
legal avian trade in wild-caught birds, should be listed on the 
approved list of captive-bred species. The Service disagrees. There 
remain problems in adequate regulatory and enforcement mechanisms in 
many countries of origin for species which are subject to illegal 
trade. Adoption of this recommendation would lead to the logically 
absurd conclusion to list all indigenous parrots of Mexico on the 
approved list of captive-bred species because Mexico bans their export. 
Since there exists a flourishing domestic trade in wild-caught parrots 
in Mexico and their subsequent illegal export to the U.S., such 
inclusion on the approved list would undermine species conservation, as 
well as Mexico's enforcement efforts. We cannot adopt this 
recommendation, which is counter to the purpose of the statute and the 
intent of Congress.
    Several aviculturists, some importers, and a raptor breeders' 
organization commented that species should be listed on the approved 
list of captive-bred species, on a country-by-country basis, if they 
are reliably bred in captivity in a specific country only. For example, 
Saker falcons from Great Britain would be listed on the approved list 
of captive-bred species because they are reliably captive-bred in Great 
Britain. The Service disagrees and is making no changes based on these 
comments. The statute does not provide for species listings in such a 
country-by-country manner. However, the qualifying overseas breeding 
facilities can be listed by the country from which the species is to be 
imported.
    The representative of the pet industry and a national avicultural 
organization objected to Section 15.31 (a) stating that it is 
inappropriate for the Service to require that all specimens of the 
species known to be in trade (legal or illegal) be captive-bred. They 
consider trade to be legal trade only and that illegal trade should not 
be considered to be trade. They recommend that the Service not take 
illegal trade into consideration. The Service strongly disagrees and 
recognizes that it was Congress' intent to prevent the illegal trade in 
birds, which is detrimental to species' survival, and the laundering of 
wild-caught birds as captive-bred specimens. The Service notes that, 
for any species, trade includes both legal and illegal trade. Article I 
of the CITES Convention defines trade as ``export, re-export, import 
and introduction from the sea'' and does not differentiate legal from 
illegal. For the purposes of implementing this law, the Service agrees 
with the authors of the CITES Convention, as well as the reality of 
international trade, that trade has both legal and illegal components.
    The Service originally proposed that Section 15.31 (b) read ``no 
specimens of the species can be known to be removed from the wild for 
the pet bird market.'' In its review of the comments, the Service noted 
that several commenters were confused by this wording and the Service 
has changed Section 15.31 (b) to read ``no specimens of the species can 
be known to be removed from the wild for commercial purposes.'' If in 
the future wild-caught specimens are imported to the U.S. for the 
exemptions allowed under the WBCA for scientific research, zoological 
breeding or display, personal pets, or approved cooperative breeding 
programs, such importations would not preclude listing the species in 
the approved list of captive-bred species when the species is reliably 
bred in captivity and all specimens imported for commercial purposes 
are captive-bred. Commercial purposes includes but is not limited to 
the pet market (it also includes travelling animal acts, circuses, and 
other uses which result in financial benefit).
    The representative of the pet industry and a national avicultural 
organization objected to Section 15.31 (c) stating that ``inasmuch as 
the listing process requires that no wild-caught specimens are in 
trade, there is no necessity even to address the non-detriment issue'' 
and that such a requirement is beyond the scope of the WBCA. The 
Service disagrees. One of the stated purposes of the WBCA is to ensure 
that all trade in species of exotic birds involving the U.S. is 
biologically sustainable and is not detrimental to the species. The 
WBCA requires the Service to make such a finding before listing species 
on the approved list of captive-bred species. The Service was also 
advised to adopt such standards by the House of Representatives 
Committee Report for the WBCA. In this Committee Report, the Secretary 
was advised ``to use the standards adopted by the State of New York 
with respect to importation of captive-bred species, and include such 
species on the approved list under this section, as long as the 
Secretary believes that trade based on these standards will not result 
in harm to species in the wild'' [House Report No. 102-749 (I) pages 
1602-1603].
    Furthermore, the Service believes that if the inclusion of any 
species on an approved list could be detrimental to the survival of the 
species in the wild, the intent of Congress, the purposes of the WBCA 
and the ``non-detriment'' requirements of CITES for Appendix II species 
are such that the species should not be included in the approved list. 
The Service cannot list a species in the approved list if such listing 
could undermine the conservation of wild bird species in the wild. 
Therefore, the Service is making no changes based on these comments.
    Several aviculturists and one conservation organization expressed 
confusion over Section 15.31 (d). They note that adequate enforcement 
controls should be in place in countries of export of captive-bred 
birds, as well as in countries of origin of the wild populations. The 
Service agrees and notes that it is just as critical that enforcement 
be in place and adequate in range countries as it be in place in 
exporting countries. The Service notes that adequate enforcement in 
exporting countries is critical to ensure that wild-caught birds will 
not be misrepresented and laundered as captive-bred birds. Adequate 
enforcement is critical to implementation of CITES, a specified purpose 
of the WBCA. Therefore, the Service has modified 15.31 (d) accordingly.

General Comments Pertaining to Section 15.33: Species Included in the 
Approved List for Captive-Bred Species

    This section establishes a list of approved captive-bred species, 
based on the criteria in Section 15.31. The Service used the best 
information available, including records of imports into the United 
States of both wild-caught and captive-bred birds for the years 1988-
1992, CITES annual reports, published reports on the bird trade, law 
enforcement data on the commercial trade in captive-bred species, law 
enforcement and intelligence information on the illegal trade in exotic 
bird species, information from the CITES Secretariat, and information 
from other governments. The final list of approved species includes 45 
captive-bred exotic bird species and the color mutations for 3 captive-
bred species that can be imported from any other country without a WBCA 
permit; other applicable requirements still apply, including any 
permits or documents required by CITES, other federal laws, and the 
exporting country.
    The Service has included in the approved list of captive-bred 
species several exotic bird species that are not listed in any Appendix 
to the Convention but are regularly bred in captivity and are not taken 
from the wild. Although these species are not listed in an Appendix and 
thus are not presently prohibited under the WBCA, these species are 
included in the list for the convenience of the public. If any of these 
species were to become listed in CITES Appendix I, II, or III, their 
importation would remain exempt from the provisions of the WBCA, 
pursuant to this section. To ensure that there is no confusion, even if 
the species or higher taxon to which it belongs were subsequently 
listed in the Appendices to the Convention, the Service would still 
consider it to be an approved captive-bred species pursuant to this 
subpart D.
    Several commenters supported the approved list of captive-bred 
species published in the March 17, 1994 Federal Register notice, 
whereas numerous commenters suggested specific additions of parrot and 
finch species to the approved list. The Service reviewed information 
available to it for all of these species, based on the criteria in 
Section 15.31. These comments are addressed below.
    Several falconry/raptor breeder organizations commented that all 
birds in the order Falconiformes should be exempted from the WBCA and 
its implementing regulations. The Service disagrees and cannot exempt 
entire families of birds that Congress did not choose to exempt. Except 
for the 10 bird families specifically exempted by the WBCA, the WBCA 
applies to all species of exotic birds being exported from any country, 
whether individual birds are of captive or wild origin. However, the 
Service notes that raptors can be imported into the United States in 
several ways, including under permit requirements for scientific 
research, cooperative breeding programs, or zoological display or 
breeding.
    Several commenters expressed concerns that once this list of 
approved captive-bred species is published, no additional species could 
be added to the list. That is not the case. As new information becomes 
available, and as captive breeding becomes more successful, the Service 
may propose modifications to this list of approved captive-bred 
species, including the inclusion of additional species.
    Some of the species recommended by several commenters for inclusion 
in the list of approved captive-bred species are very rare in 
aviculture, and there are few records of their international trade, 
either in the United States or elsewhere. The Service has not included 
such species in the approved list, and notes that a purpose of the list 
of approved captive-bred species is to facilitate commercial 
importation of captive-bred species, whose trade in no way can be 
detrimental to populations of these species in the wild. The 
fundamental purpose of the WBCA is conservation of exotic bird species 
in the wild. For species that are rare in aviculture, individual 
captive-bred birds may be imported for approved cooperative breeding 
programs, zoological breeding and display, or scientific research, 
pursuant to Subpart C of this part.

Comments on Specific Species

    Several commenters suggested specific species for inclusion in the 
approved list of captive-bred species, which are addressed as follows:

Psittacines That Cannot Be Added to the Approved List

    The Service found that the following psittacine species could not 
be added to the approved list of captive-bred species because they did 
not meet the criteria for approval in Sec. 15.31(a), and that wild-
caught birds are in trade and have been imported into the United 
States: Red-faced lovebird (Agapornis pullaria), Fischer's lovebird 
(Agapornis fischeri), Madagascar or Grey-headed lovebird (Agapornis 
cana), Green-winged king parrot (Alisterus chloropterus), Amboina king 
parrot (Alisterus amboinensis), Blue-fronted amazon (Amazona aestiva), 
Yellow-crowned Amazon (Amazona ochrocephala), Orange-winged Amazon 
(Amazona amazonica), Mealy Amazon (Amazona farinosa), Red-winged Parrot 
(Aprosmictus erythropterus), Scarlet macaw (Ara macao), Blue and yellow 
macaw (Ara ararauna), Green-winged macaw (Ara chloroptera), Golden-
crowned conure (Aratinga aurea), Orange-fronted conure (Aratinga 
canicularis), Golden-capped Conure (Aratinga auricapilla), Andean or 
Sierra Parakeet (Bolborhynchus aymara), Tovi or orange-chinned Parakeet 
(Brotogeris jugularis), Canary-winged parakeet (Brotogeris 
versicolurus), Citron-crested cockatoo (Cacatua sulphurea 
citrinocristata), White or umbrella cockatoo (Cacatua alba), Salmon-
crested Cockatoo (Cacatua moluccensis), Lesser sulphur-crested Cockatoo 
(Cacatua sulphurea), Greater sulphur-crested cockatoo (Cacatua 
galerita), Triton cockatoo (Cacatua galerita triton), Bare-eyed 
cockatoo (Cacatua sanguinea), Ducorp's cockatoo (Cacatua ducorpsii), 
Goffin's cockatoo (Cacatua goffini), Red-vented cockatoo (Cacatua 
haematuropygia), Duyvenbode's lory (Chalcopsitta duivenbodei), Yellow-
streaked lory (Chalcopsitta scintillata), Stella's lorikeet (Charmosyna 
papou), Red-flanked lorikeet (Charmosyna placentis), Vasa parrot 
(Coracopsis vasa), Eclectus parrot (Eclectus roratus), Austral conure 
(Enicognathus ferrugineus), Blue-streaked lory (Eos reticulata), Red 
lory (Eos bornea), Pacific parrotlet (Forpus coelestis), Green-rumped 
parrotlet (Forpus passerinus), Blue-winged parrotlet (Forpus 
xanthopterygius), Chattering lory (Lorius garrulus), Black-headed 
caique (Pionites melanocephala), White-crowned Pionus (Pionus senilis), 
Meyer's parrot (Poicephalus meyeri), Senegal parrot (Poicephalus 
senegalus), Moustache parakeet, (Psittacula alexandri), Derbyan 
parakeet (Psittacula derbiana), Alexandrine parakeet (Psittacula 
eupatria), Slaty-headed parakeet (Psittacula himalayana), African 
Indian Ringneck (Psittacula krameri krameri), Blossom-headed parakeet 
(Psittacula roseata), African grey parrot (Psittacus erithacus), 
Maroon-tailed conure (Pyrrhura melanura), Painted conure (Pyrrhura 
picta), Goldie's lorikeet (Trichoglossus goldiei), Perfect lorikeet 
(Trichoglossus euteles), Swainson's or blue mountain lorikeet 
(Trichoglossus haematodus moluccanus) and red-collared lorikeet 
(Trichoglossus haematodus rubritorquis).
    Although no imports of wild-caught Sun conures (Aratinga 
solstitialis) were recorded for the United States, wild-caught birds 
were available from Guyana, which had an annual export quota of 600 
birds for this species during 1988-1991. Therefore, Sun conures are not 
included in the approved list.
    The Service found that the following species, which commenters 
requested be included in the approved list, could not be added to the 
approved list of captive-bred species because they did not meet the 
criteria for approval in Sec. 15.31(a) and wild-caught birds are in 
international trade: Lineolated or barred parakeet (Bolborhynchus 
lineola), and Spectacled parrotlet (Forpus conspicillatus).
    The Service found that the following bird species, which commenters 
requested be included in the approved list, could not be added to the 
approved list of captive-bred species because there was insufficient 
information to determine that all specimens in trade were captive-bred: 
Black goshawk (Accipiter melanoleucus), Black-cheeked lovebird 
(Agapornis nigrigenis), Black-collared lovebird (Agapornis 
swinderniana), Abyssinian lovebird (Agapornis taranta), Buffon's macaw 
(Ara ambigua), Blue-throated [Caninde] macaw (Ara glaucogularis), 
Illiger's macaw (Ara maracana), Mountain parakeet (Bolborhynchus 
aurifrons), Blue-eyed cockatoo (Cacatua ophthalmica), Slender-billed 
conure (Enicognathus leptorhynchus), Yellow-faced parrotlet (Forpus 
xanthops), Sclater's parrotlet (Forpus sclateri), Red-cheeked parrot 
(Geoffroyus geoffroyi), Musk lorikeet (Glossopsitta concinna), Purple-
crowned lorikeet (Glossopsitta porphyrocephala), Little lorikeet 
(Glossopsitta pusilla), Philippine hanging parrot (Loriculus 
philippensis), Purple-capped lory (Lorius domicellus), Black-capped 
lory (Lorius lory), Tepui parrotlet (Nannopsittaca panychlora), Orange-
bellied parakeet (Neophema chrysogaster), Rock parakeet (Neophema 
petrophila), White-bellied caique (Pionites leucogaster), Coral-billed 
pionus (Pionus sordidus), Plum-crowned pionus (Pionus tumultuosus), 
Ruppell's parrot (Poicephalus rueppellii), Paradise parrot (Psephotus 
pulcherrimus), which is probably extinct in the wild, Pesquet's parrot 
(Psittrichas fulgidus), Malabar parakeet (Psittacula columboides), 
Blaze-winged conure (Pyrrhura devillei), Fiery-shouldered conure 
(Pyrrhura egregria), Sulphur-winged conure (Pyrrhura hoffmanni), Pearly 
conure (Pyrrhura perlata), Crimson-bellied conure (Pyrrhura 
rhodogaster), Black-capped conure (Pyrrhura rupicola), all 7 species of 
Touit parrotlets, Varied lorikeet (Trichoglossus versicolor), and Blue-
crowned lory (Vini australis).
    For the above species, there are either no records or very few 
records of any specimens in trade. The Service was therefore not able 
to make the determination required by the statute that the above 
species are regularly bred in captivity and that the importation of 
specimens of the species is not detrimental to the species survival in 
the wild. The Service recognizes that with increased captive breeding 
efforts for these species, they may be able to meet criteria for 
approval in Sec. 15.31 in the future.

Birds of Prey That Cannot Be Added to the Approved List

    The Service found that the following bird of prey species could not 
be added to the approved list of captive-bred species because they did 
not meet the criteria for approval in Sec. 15.31(a), and that wild-
caught birds are in trade: Black kite (Milvus migrans), and European 
eagle owl (Bubo bubo).

Toucans That Cannot Be Added to the Approved List

    The Service found that the following toucan species, which 
commenters requested be included in the approved list, could not be 
added to the approved list of captive-bred species because it did not 
meet the criteria for approval in Sec. 15.31(a) and wild-caught birds 
are in trade and have been imported into the United States: Toco toucan 
(Ramphastos toco).

Law Enforcement Concerns

    The Service found that the following bird species, all of which 
commenters requested be included in the approved list, could not be 
added to the approved list of captive-bred species because they did not 
meet the criteria for approval in Sec. 15.31 due to law enforcement 
concerns that wild-caught birds are in trade illegally and have been 
imported either into the United States or other countries: Nyasa 
lovebird (Agapornis lilianae), Australian king parrot (Alisterus 
scapularis), Double yellow-headed Amazon (Amazona ochrocephala 
oratrix), Green-cheeked Amazon (Amazona viridigenalis), Gang-gang 
cockatoo (Callocephalon fimbriatum), Major Mitchell's cockatoo (Cacatua 
leadbeateri), Western long-billed cockatoo (Cacatua pastinator), Long-
billed corella (Cacatua tenuirostris), Spix's macaw (Cyanopsitta 
spixii), Rose-breasted cockatoo or Galah (Eolophus roseicapillus), 
Mexican parrotlet (Forpus cyanopygius), Black Palm cockatoo 
(Probosciger aterrimus), Lanner falcon (Falco biarmicus), Saker falcon 
(Falco cherrug), Gyrfalcon (Falco rusticolus), Red siskin (Carduelis 
cucullata), and Crimson finch (Neochmia phaeton).
    Illegal trade in lanner falcons and saker falcons was reported in 
the Review of Alleged Infractions and Other Problems of Implementation 
of the Convention (Doc. 9.22), which is a document prepared by the 
CITES Secretariat for discussion at the Ninth Meeting of the Conference 
of the Parties to CITES. These species appear to be involved in illegal 
trade on a fairly regular basis, including the laundering of wild-
caught specimens through captive-breeding operations.
    The Service received 1708 form letters requesting that all cockatoo 
species from Australia be added to the approved list of captive-bred 
species. The Service disagrees, because all cockatoo species do not 
meet the criteria for approval in Sec. 15.31 due to the illegal trade 
in wild-caught birds from Australia. A recent three-year covert law 
enforcement investigation, dubbed Operation Renegade, found that over a 
10-year period individuals were hired as couriers and travelled to 
Australia each fall during the cockatoo nesting season to remove eggs 
from nests in the wild. Several hundred smuggled eggs were then 
incubated, hand-reared, and sold as captive-bred birds to collectors in 
the United States. Among the smuggled species were Rose-breasted 
cockatoos, Red-tailed black cockatoos, Major Mitchell's cockatoos, and 
Slender-billed corellas. This investigation was a joint effort with law 
enforcement officials from Australia, New Zealand, and the United 
States, and to date, has resulted in criminal convictions against 17 
individuals.

CITES-Listed Passerines That Cannot Be Added to the Approved List

    The Service found that the following CITES-listed passerine 
species, which commenters requested be included in the approved list, 
could not be added to the approved list of captive-bred species because 
they did not meet the criteria for approval in Sec. 15.31(a) and wild-
caught birds are in trade and have been imported into the United States 
or have been in international trade: Strawberry finch (Amandava 
amandava), Greater Indian [Javan] hill myna (Gracula religiosa), St. 
Helena waxbill (Estrilda astrild), Orange-cheeked waxbill (Estrilda 
melpoda), Black-rumped waxbill (Estrilda troglodytes), Yellow-crowned 
bishop (Euplectes afer), Orange weaver (Euplectes orix franciscanus), 
Village Indigobird or Senegal combassou (Vidua chalybeata), Red-billed 
firefinch (Lagonosticta senegala), Quail finch (Ortygospiza 
atricollis), Cordon bleu [red-cheeked finch] (Uraeginthus benegalus), 
and Pin-tailed whydah (Vidua macroura).

Non-CITES-Listed Passerines That Cannot Be Added to the Approved List

    The Service found that the following non-CITES-listed species, 
which commenters requested be included in the approved list, could not 
be added to the approved list of captive-bred species because they did 
not meet the criteria for approval in Sec. 15.31 (However, since they 
are not listed in the CITES Appendices, they are not covered by the 
WBCA): Hooded pitta (Pitta sordida), Hartlaub's turaco (Tauraco 
hartlaubi), Blue-faced parrot-finch (Erythrura trichroa), Red-headed 
parrot-finch (Erythrura psittacea), Pin-tailed parrot-finch (Erythrura 
prasina), Black-cheeked waxbill (Estrilda erythronotos), Violet-eared 
waxbill (Uraeginthus granatina), Peters' twinspot (Hypargos 
niveoguttatus), Chestnut munia (Lonchura malacca), Yellow-rumped finch 
(Lonchura flaviprymna), Melba finch (Pytilia melba), Orange-winged 
Pytilia (Pytilia afra), Saffron finch (Sicalis flaveola), Purple 
grenadier (Uraeginthus ianthinogaster), White-rumped shama thrush 
(Copsychus malabaricus), Silver-eared mesa (Leiothrix argentauris), 
Pekin robin (Leiothrix lutea), and Asian Fairy bluebird (Irena puella).
    Some commenters asked that the Java sparrow (Padda oryzivora) be 
approved as a captive-bred species. The Java sparrow is listed as an 
injurious wildlife species, under regulations in 50 CFR Part 16, and 
its importation, transportation, or acquisition is prohibited. 
Therefore, the Service cannot list it as a species approved for 
importation.
    Several form letters were received recommending that the Northern 
Cardinal (Cardinalis cardinalis) be added to the approved list of 
captive-bred species. This species is native to the United States and 
is protected under the Migratory Bird Treaty Act (16 U.S.C. 703-711) 
and implementing regulations in 50 CFR Subchapter B. Therefore, the 
Service cannot list it as a species approved for importation.

Comments Pertaining to Section 15.33: Species Included in the Approved 
List for Captive-bred Species. Inclusion of Species in the Approved 
List, in Addition to Those in the Proposed Rule of March 17, 1994

    The Service found that the following species could be added to the 
approved list of captive-bred species because they meet the criteria 
for approval in Sec. 15.31: Cherry finch (Aidemosyne modesta), Diamond 
sparrow (Emblema guttata), Red-browed finch (Aegintha temporalis), 
Masked lovebird (Agapornis personata), Jendaya conure (Aratinga 
jandaya), Yellow-fronted parakeet (Cyanoramphus auriceps), Red-fronted 
parakeet (Cyanoramphus novaezelandiae), Blue-winged parrot (Neophema 
chrysostoma), Elegant parrot (Neophema elegans), Northern rosella 
(Platycercus venustus), Western or Stanley rosella (Platycercus 
icterotis), Golden-shouldered parakeet (Psephotus chrysopterygius), 
Indian ringneck parakeet (Psittacula krameri manillensis), Scaly-
breasted lorikeet (Trichoglossus chlorolepidotus), and Common buzzard 
(Buteo buteo).
    Several commenters requested that color mutations of several 
psittacine species be added to the approved list of captive-bred 
species. The Service agrees when the color mutation is (a) rare or non-
existent in the wild, and therefore not likely to be obtained as wild-
caught stock; (b) regularly produced in captivity, and (c) 
distinguishable from the typical wild form and such ability to 
distinguish the color mutation is easy for the non-expert. Therefore, 
the Service is adding the following color mutations for selected 
species to the approved list of captive-bred species: Pacific parrotlet 
(Forpus coelestis) - lutino, yellow, blue and cinnamon forms; 
lineolated or barred parakeet (Bolborhynchus lineola) - blue, yellow, 
and white forms; and Alexandrine parakeet (Psittacula eupatria) - blue 
and lutino forms. The Service understands that newly discovered color 
mutations are continuously appearing and being established in 
captivity, and would appreciate information as the process occurs, so 
that additional color mutations could be listed on the approved list of 
captive-bred species.

Comments Pertaining to Section 15.33: Species Included in the Approved 
List for Captive-Bred Species. Deletions of Species in the Approved 
List

    Animal welfare organizations and one conservation organization 
commented that Peach-faced lovebird (Agapornis roseicollis) and Plum-
headed parakeet (Psittacula cyanocephala) do not meet the criteria for 
approval in Sec. 15.31(a) and wild-caught birds are in trade. The 
Service has reviewed its own and international import trade records for 
Peach-faced lovebirds and is satisfied that all specimens of the 
species known to be in trade are captive-bred. The commenters expressed 
concern that imports of Peach-faced lovebirds from South Africa could 
be wild-caught birds, since the species occurs in the wild there. The 
Service reviewed the wildlife import declarations for all Peach-faced 
lovebirds imported from South Africa to the U.S. from 1988 through 1992 
and is satisfied that the birds imported were captive-bred. Virtually 
all shipments had been certified by the South African CITES Management 
Authority as captive-bred. This species meets the criteria for approval 
in Sec. 15.31 and will remain on the approved list of captive-bred 
species.
    The Service has reviewed import trade records for Plum-headed 
parakeets and found wild-caught specimens of this species in trade, 
although none have been imported into the United States. Therefore, 
this species does not meet the criteria for approval in Sec. 15.31, and 
the Service is not including the Plum-headed parakeet in the approved 
list of captive-bred species.
    The Government of Australia communicated its concern with listing 
in the approved list of captive-bred species the following species: the 
Port Lincoln parrot (Barnardius zonarius), Swift Parrot (Lathamus 
discolor), Green rosella (Platycercus caledonicus), Yellow rosella 
(Platycercus flaveolus), and Blue-bonnet parakeet (Psephotus 
haematogaster). They stated that these species are not common in 
captivity in Australia and that there are problems associated with the 
smuggling of wild-caught specimens of these species. The Service 
proposed these species for listing in its March 17, 1994, Notice of 
Proposed Rulemaking, based on the information available to it at that 
time, which showed that specimens imported into the U.S. were captive-
bred. Given this new information from Australia, the Service agrees and 
is not including these species in the final list of approved captive-
bred species.
    Animal welfare organizations and one conservation organization 
recommended that the Gouldian finch (Chloebia gouldiae), Long-tailed 
grassfinch (Poephila acuticaudata), and Double-barred finch (Poephila 
bichenovii) be deleted from the approved list of captive-bred species 
because of the high mortality these species suffer in transit and 
quarantine. Although the Service recognizes the problems with mortality 
of birds in trade, the statute does not allow the use of such 
information in listing captive-bred species on the approved list. The 
Service is committed, however, to enforcement of the Humane and 
Healthful Transport Regulations in 50 CFR Part 14, which apply to these 
and all other bird species imported into the United States.
    The representative of the pet industry and two aviculturists 
commented it was ``in error and misleading'' for the Service to list 
Bourke's parrot (Neophema bourkii) and the Scarlet-chested parrot 
(Neophema splendida) on the approved list of captive-bred species 
because they are listed as endangered under the U.S. Endangered Species 
Act (ESA). The Service disagrees and notes that we are aware of the 
species' listing under the ESA. The Service did not intend to mislead 
the public and was aware that these species were listed under the ESA 
and would require ESA permits to be imported. However, the Service 
found that these 2 species met the criteria in Section 15.31, and since 
a few captive-bred birds had been imported into the U.S. in past years, 
it was appropriate to list them and not require a WBCA permit for their 
import. The Service notes that, although the species is endangered in 
the wild in Australia, adequate enforcement controls exist such that 
wild-caught birds are not threatened by illegal trade. The Service does 
not have any evidence of any specimens in international trade that are 
not captive-bred. The Government of Australia agrees with this 
interpretation for these species. The Service has footnoted the species 
on the approved list of captive-bred species which require an ESA 
permit for importation to avoid any confusion.

Effects of the Rule

    The Service has determined that this final rule is categorically 
excluded under Departmental procedures in complying with the National 
Environmental Policy Act (NEPA). See 516 DM [Departmental Manual] 2, 
Appendix 1 Paragraph 1.10. The regulations are procedural in nature, 
and the environmental effects, while crafted to carry out the benign 
purposes of the WBCA, are judged to be minimal, speculative, and do not 
lend themselves to meaningful analysis. Future regulations implementing 
the WBCA may be subject to NEPA documentation requirements, on a case-
by-case basis.

Executive Orders 12866, 12612, and 12630 and the Regulatory Flexibility 
Act

    This rule was not subject to Office of Management and Budget review 
under Executive Order 12866. This action is not expected to have 
significant taking implications for United States citizens, as per 
Executive Order No. 12630. It has also been certified that these 
revisions will not have a significant economic effect on a substantial 
number of small entities as described by the Regulatory Flexibility 
Act. Since the rule applies to importation of live wild birds into the 
United States, it does not contain any Federalism impacts as described 
in Executive Order 12612.

Paperwork Reduction

    This final rule does not contain any increase in information 
collection or record keeping requirements as defined by the Paperwork 
Reduction Act of 1980. The information collection requirement(s) 
contained in this section have been approved by the Office of 
Management and Budget, as required by 44 U.S.C. 3501 et seq.

List of Subjects in 50 CFR Part 15

    Imports, Reporting and recordkeeping requirements, Transportation 
and wildlife.

Regulation Promulgation

PART 15--WILD BIRD CONSERVATION ACT

    Accordingly, 50 CFR Part 15 is amended as follows:
    1. The authority citation for Part 15 continues to read as follows:

    Authority: Pub. L. 102-440, 16 U.S.C. 4901-4916.

    2. A new Subpart D, consisting of Sections 15.31, 15.32, and 15.33, 
is added to Part 15 to read as follows:

Subpart D--Approved List of Species Listed in the Appendices to the 
Convention

Sec.
15.31  Criteria for including species in the approved list for 
captive-bred species.
15.32  Criteria for including species in the approved list for non-
captive-bred species. [Reserved].
15.33  Species included in the approved list.


15.31  Criteria for including species in the approved list for captive-
bred species.

    The Director will periodically review the list of captive-bred 
exotic bird species in paragraph 15.33(a), for which importation into 
the United States is approved. Any exotic bird species listed in 
paragraph 15.33(a) pursuant to this section must meet all of the 
following criteria:
    (a) All specimens of the species known to be in trade (legal or 
illegal) are captive-bred;
    (b) No specimens of the species are known to be removed from the 
wild for commercial purposes;
    (c) Any importation of specimens of the species would not be 
detrimental to the survival of the species in the wild; and
    (d) Adequate enforcement controls are in place to ensure compliance 
with paragraphs (a) through (c) of this section.


Sec. 15.32  Criteria for including species in the approved list for 
non-captive-bred species. [Reserved]


Sec. 15.33  Species included in the approved list.

    (a) Captive-bred species. The list in this paragraph includes 
species of captive-bred exotic birds for which importation into the 
United States is not prohibited by section 15.11. The species are 
grouped taxonomically by order.

----------------------------------------------------------------------------------------------------------------
                        Species                                                Common name                      
----------------------------------------------------------------------------------------------------------------
Order Falconiiformes:                                                                                           
    Buteo buteo........................................  Common European buzzard.                               
Order Columbiformes:                                                                                            
    Columba livia......................................  Rock dove.                                             
Order Psittaciformes:                                                                                           
    Agapornis personata................................  Masked lovebird.                                       
    Agapornis roseicollis..............................  Peach-faced lovebird.                                  
    Aratinga jandaya...................................  Jendaya conure.                                        
    Barnardius barnardi................................  Mallee ringneck parrot.                                
    Bolborhynchus lineola (blue form)..................  Lineolated parakeet (blue form).                       
    Bolborhynchus lineola (yellow form)................  Lineolated parakeet (yellow form).                     
    Bolborhynchus lineola (white form).................  Lineolated parakeet (white form).                      
    Cyanoramphus auriceps..............................  Yellow-fronted Parakeet.                               
    Cyanoramphus novaezelandiae........................  Red-fronted parakeet.                                  
    Forpus coelestis (lutino form).....................  Pacific parrotlet (lutino form).                       
    Forpus coelestis (yellow form).....................  Pacific parrotlet (yellow form).                       
    Forpus coelestis (blue form).......................  Pacific parrotlet (blue form).                         
    Forpus coelestis (cinnamon form)...................  Pacific parrotlet (cinnamon form).                     
    Melopsittacus undulatus............................  Budgerigar.                                            
    Neophema bourkii...................................  Bourke's parrot.                                       
    Neophema chrysostoma...............................  Blue-winged Parrot.                                    
    Neophema elegans...................................  Elegant Parrot.                                        
    Neophema pulchella\1\..............................  Turquoise parrot.                                      
    Neophema splendida\1\..............................  Scarlet-chested parrot.                                
    Nymphicus hollandicus..............................  Cockatiel.                                             
    Platycercus adelaide...............................  Adelaide rosella.                                      
    Platycercus adscitus...............................  Pale-headed rosella.                                   
    Platycercus elegans................................  Crimson rosella.                                       
    Platycercus eximius................................  Eastern rosella                                        
    Platycercus icterotis..............................  Western (stanley) rosella.                             
    Platycercus venustus...............................  Northern rosella.                                      
    Polytelis alexandrae...............................  Princess parrot.                                       
    Polytelis anthopeplus..............................  Regent parrot.                                         
    Polytelis swainsonii...............................  Superb parrot.                                         
    Psephotus chrysopterygius\1\.......................  Golden-shouldered parakeet.                            
    Psephotus haematonotus.............................  Red-rumped parakeet.                                   
    Psephotus varius...................................  Mulga parakeet.                                        
    Psittacula eupatria (blue form)....................  Alexandrine parakeet (blue form).                      
    Psittacula eupatria (lutino form)..................  Alexandrine parakeet (lutino form).                    
    Psittacula krameri manillensis.....................  Indian ringneck parakeet.                              
    Purpureicephalus spurius...........................  Red-capped parrot.                                     
    Trichoglossus chlorolepidotus......................  Scaly-breasted lorikeet.                               
Order Passeriformes:                                                                                            
    Aegintha temporalis................................  Red-browed Finch.                                      
    Aidemosyne modesta.................................  Cherry Finch.                                          
    Chloebia gouldiae..................................  Gouldian finch.                                        
    Emblema guttata....................................  Diamond Sparrow.                                       
    Emblema picta......................................  Painted finch.                                         
    Lonchura castaneothorax............................  Chestnut-breasted finch.                               
    Lonchura domestica.................................  Society (=Bengalese) finch.                            
    Lonchura pectoralis................................  Pictorella finch.                                      
    Neochmia ruficauda.................................  Star finch.                                            
    Poephila acuticauda................................  Long-tailed grassfinch.                                
    Poephila bichenovii................................  Double-barred finch.                                   
    Poephila cincta....................................  Parson finch.                                          
    Poephila guttata...................................  Zebra finch.                                           
    Poephila personata.................................  Masked finch.                                          
    Serinus canaria....................................  Common Canary.                                         
----------------------------------------------------------------------------------------------------------------
\1\Note: Permits are still required for these species under Part 17 (species listed as endangered or threatened 
  under the Endangered Species Act (ESA)) of this Chapter.                                                      

    (b) Non-captive-bred species. [Reserved].

    Dated: November 21, 1994.
George T. Frampton Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 94-29673 Filed 12-1-94; 8:45 am]
BILLING CODE 4310-55-Pz