[Federal Register Volume 60, Number 8 (Thursday, January 12, 1995)]
[Rules and Regulations]
[Pages 2899-2905]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-832]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AB84
Endangered and Threatened Wildlife and Plants; Addition of 30
African Birds to List of Endangered and Threatened Wildlife
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
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SUMMARY: The Service adds 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 rule implements the protection of the Endangered Species Act of
1973, as amended (Act), for these birds.
EFFECTIVE DATE: February 13, 1995.
ADDRESSES: The complete file for this rule is available for public
inspection, by appointment, from 8:00 a.m. to 4:00 p.m., Monday through
Friday, in Room 750, 4401 North Fairfax Drive, Arlington, Virginia
22203. Comments may be sent to the Chief, Office of Scientific
Authority; Mail Stop: Arlington Square, Room 725; U.S. Fish and
Wildlife Service; Washington, D.C. 20240.
FOR FURTHER INFORMATION CONTACT: Dr. Charles W. Dane, Chief, Office of
Scientific Authority (phone 703-358-1708; FAX 703-358-2276).
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)--now known as Bird Life International--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.
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--an ICBP Red Data 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. 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 made the finding 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. That finding was
incorporated and published together with a proposal in the Federal
Register of March 28, 1994 (59 FR 14496-14502), to add the 30 birds
named below to the List of Endangered and Threatened Wildlife.
Summary of Comments and Recommendations
In the proposed rule of March 28, 1994, and associated
notifications, all interested parties were requested to submit
information that might contribute to development of a final rule.
Cables were sent to United States embassies in countries within the
ranges of the subject species, requesting new data and the comments of
the governments of those countries. None of the 13 responses opposed
the proposal; substantive information provided has been added to the
following discussion (as ``in litt.''). There was one request for
classifying the dappled mountain robin and Van Dam's vanga as
endangered, rather than threatened as originally proposed. While such a
measure will be given future consideration, immediately available
scientific data suggest that the threatened category is appropriate. In
contrast, data received on the white-breasted guineafowl, originally
proposed as endangered, indicate that a threatened classification may
more accurately describe its status, and such is now applied.
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 classification given in pertinent ICBP Red Data Books, and
the U.S. classification that now will apply.
Amsterdam albatross (Diomedia amsterdamensis).--1991 petition, ICBP
endangered, 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
[[Page 2900]] pairs were known to breed each year during the early
1980s.
Thyolo alethe (Alethe choloensis).--1991 petition, ICBP endangered,
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,
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).
Seychelles turtle dove (Streptopelia picturata rostrata).--1980
petition, ICBP endangered, 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.
Madagascar sea eagle (Haliaeetus vociferoides).--1980 petition,
ICBP endangered, 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 nest destruction by people (B) are thought to be partly
responsible.
Madagascar serpent eagle (Eutriorchis astur).--1980 petition, ICBP
endangered, 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). On January 14, 1994, a live
bird was captured and released (Peregrine Fund, World Center for Birds
of Prey, Press Release of April 6, 1994). Thus, the species 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,
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,
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, 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).
The total population is thought to have declined from over 5,000 birds
in 1978 to fewer than 1,000 today (Dr. Simon D. Dowell, Chairman, ICBP
Partridge, Quail and Francolin Specialist Group, in litt.).
Alaotra grebe (Tachybaptus rufolavatus).--1991 petition, ICBP
endangered, 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
introgression of the Alaotra grebe may be irreversible.
White-breasted guineafowl (Agelastes meleagrides).--1991 petition,
ICBP endangered, U.S. threatened; 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). About 50,000 individuals may survive, but these are
concentrated at only two restricted sites, Tai National Park in Ivory
Coast, with 30,000-40,000, and the Gola Forest of Sierra Leone, with an
estimated 7,100 (Dr. Simon D. Dowell, Chairman, ICBP Partridge, Quail
and Francolin Specialist Group, in litt.).
Raso lark (Alauda razae).--1991 petition, ICBP endangered, U.S.
endangered; a songbird of the family Alauidae, closely related to the
common Old World skylark; known only from [[Page 2901]] 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, but the species is potentially
threatened by climatic fluctuations (E), human settlement (A), and
predation by introduced rats, dogs, and cats (C). Approximately 250
breeding pairs are now present (Cape Verde Wildlife Agency, in litt.).
Ibadan malimbe (Malimbus ibadanensis).--1991 petition, ICBP
endangered, 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.
Algerian nuthatch (Sitta ledanti).--1980 petition, ICBP rare, 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. A recent survey found about 20 nests in each of three
different areas (Algerian Agence Pour La Protection de la Nature, in
litt.).
Canarian black oystercatcher (Haematopus meadewaldoi).--1980
petition, ICBP extinct, 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, though it was reported regularly in
the eastern Canaries until about 1940. 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 western 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 rule 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.
Seychelles lesser vasa parrot (Coracopsis nigra barklyi).--1980
petition, ICBP endangered, U.S. endangered; a member of the family
Psittacidae, generally dark brown in color and about 25 centimeters (10
inches) 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).
Madeira petrel or freira (Pterodroma madeira).--1991 petition, ICBP
endangered, 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.
Mascarene black petrel (Pterodroma aterrima).--1980 petition, ICBP
endangered, 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) and predation by
introduced rats and cats (C).
Pink pigeon (Columba (=Nesoenas) mayeri).--1980 petition, ICBP
endangered, 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, 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, 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 since 1970, but in August 1991 a specimen was
captured alive and placed in the Botanical Garden at Antananarivo
(Oryx, April 1992, 26:73). [[Page 2902]]
Dappled mountain robin (Arcanator (=Modulatrix) orostruthus).--1980
petition, ICBP rare, 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, 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 now 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 olivaceus helleri).--1991 petition, ICBP
endangered, U.S. endangered; a dark-colored, ground-dwelling member of
the family Muscicapidae; apparently confined to highlands in
southeastern Kenya. This subspecies (formerly considered the full
species Turdus helleri) 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 kilometers
(1.2 square miles) and may contain several hundred individuals.
Bannerman's turaco (Tauraco bannermani).--1991 petition, ICBP
endangered, 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). An estimated 800-1,200 pairs
may survive (Dr. C. R. McKay, Ijim Mountain Forest Project, Bamenda,
Cameroon, in litt.).
Pollen's vanga (Xenopirostris polleni).--1980 petition, ICBP rare,
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,
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, 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 10 hectares (25
acres) 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, 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). An estimated 800-
1,200 pairs may survive (Dr. C.R. McKay, Ijim Mountain Forest Project,
Bamenda, Cameroon, in litt.).
Clarke's weaver (Ploceus golandi).--1991 petition, ICBP endangered,
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 add 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 and, for those under
United States jurisdiction, 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 listed as endangered
or threatened and with respect to its 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
within the United States or on the high seas 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
[[Page 2903]] 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 or
threatened 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.
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, no. 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 rule is Ronald M. Nowak, U.S.
Fish and Wildlife Service (OSA), 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, Transportation.
Regulations Promulgation
Accordingly, part 17, subchapter B of chapter I, title 50 of the
Code of Federal Regulations, is hereby amended 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. Amend Sec. 17.11(h) 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 Indian Ocean--Amsterdam Entire................. E 571 NA NA
Island.
* * * * * * *
Alethe, Thyolo (thrush). Alethe choloensis...... Malawi, Mozambique..... Entire................. E 571 NA NA
* * * * * * *
Bush-shrike, Uluguru.... Malaconotus alius...... Tanzania............... Entire................. T 571 NA NA
* * * * * * *
Dove, Seychelles turtle. Streptopelia picturata Indian Ocean-- Entire................. E 571 NA NA
rostrata. Seychelles.
* * * * * * *
Eagle, Madagascar sea... Haliaeetus vociferoides Madagascar............. Entire................. E 571 NA NA
* * * * * * *
Eagle, Madagascar Eutriorchis astur...... Madagsacar............. Entire................. E 571 NA NA
serpent.
* * * * * * *
Fody, Mauritis.......... Foudia rubra........... Indian Ocean--Mauritius Entire................. E 571 NA NA
[[Page 2904]]
* * * * * * *
Fody, Rodrigues......... Foudia flavicans....... Indian Ocean--Mauritius Entire................. E 571 NA NA
(Rodrigues Island).
* * * * * * *
Francolin, Djibouti..... Francolinus ochropectus Djibouti............... Entire................. E 571 NA NA
* * * * * * *
Grebe, Alaotra.......... Tachybaptus Madagascar............. Entire................. E 571 NA NA
rufoflavatus.
* * * * * * *
Guineafowl, white- Agelastes meleagrides.. West Africa............ Entire................. T 571 NA NA
breasted.
* * * * * * *
Lark, Raso.............. Alauda razae........... Atlantic Ocean--Cape Entire................. E 571 NA NA
Verde (Raso Island).
* * * * * * *
Malimbe, Ibadan (weaver Malimbus ibadanensis... Nigeria................ Entire................. E 571 NA NA
finch).
* * * * * * *
Nuthatch, Algerian...... Sitta ledanti.......... Algeria................ Entire................. E 571 NA NA
* * * * * * *
Oystercatcher, Canarian Haematopus meadewaldoi. Atlantic Ocean--Canary Entire................. E 571 NA NA
black. Islands.
* * * * * * *
Parrot, Seychelles Coracopsis nigra Indian Ocean-- Entire................. E 571 NA NA
lesser vasa. barklyi. Seychelles (Praslin
Island).
* * * * * * *
Petrel, Madeira Pterodroma madeira..... Atlantic Ocean--Madeira Entire................. E 571 NA NA
(=freira). Island.
* * * * * * *
Petrel, Mascarene black. Pterodroma aterrima.... Indian Ocean--Mauritius Entire................. E 571 NA NA
(Reunion Island).
* * * * * * *
Pigeon, pink............ Columba (=Nesoenas) Indian Ocean--Mauritius Entire................. E 571 NA NA
mayeri.
* * * * * * *
Pigeon, White-tailed Columba junoniae....... Atlantic Ocean--Canary Entire................. T 571 NA NA
laurel. Islands.
* * * * * * *
Pochard, Madagascar..... Aythya innotata........ Madagascar............. Entire................. E 571 NA NA
* * * * * * *
Robin, dappled mountain. Arcanator (=Modulatrix) Mozambique, Tanzania... Entire................. T 571 NA NA
orostruthus.
* * * * * * *
Sunbird, Marungu........ Nectarinia prigoginei.. Zaire.................. Entire................. E 571 NA NA
[[Page 2905]]
* * * * * * *
Thrush, Taita........... Turdus olivaceus Kenya.................. Entire................. E 571 NA NA
helleri.
* * * * * * *
Turaco, Bannerman's..... Tauraco bannermani..... Cameroon............... Entire................. E 571 NA NA
* * * * * * *
Vanga, Pollen's......... Xenopirostris polleni.. Madagascar............. Entire................. T 571 NA NA
* * * * * * *
Vanga, Van Dam's........ Xenopirostris damii.... Madagascar............. Entire................. T 571 NA NA
* * * * * * *
Warbler (Old World), Nesillas aldabranus.... Indian Ocean-- Entire................. E 571 NA NA
Aldabra. Seychelles (Aldabra
Island).
* * * * * * *
Wattle-eye, banded...... Platysteira laticincta. Cameroon............... Entire................. E 571 NA NA
* * * * * * *
Weaver, Clarke's........ Ploceus golandi........ Kenya.................. Entire................. E 571 NA NA
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Dated: December 12, 1994.
Mollie H. Beattie,
Director, Fish and Wildlife Service.
[FR Doc. 95-832 Filed 1-11-95; 8:45 am]
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