[Federal Register Volume 83, Number 229 (Wednesday, November 28, 2018)]
[Notices]
[Pages 61161-61163]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-25631]


-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[Docket No. FWS-HQ-MB-2018-0048; FXMB 12320900000//189//FF09M29000]


Draft List of Bird Species to Which the Migratory Bird Treaty Act 
Does Not Apply

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; request for comments.

-----------------------------------------------------------------------

SUMMARY: We, the U.S. Fish and Wildlife Service, are publishing a draft 
list of the nonnative bird species that have been introduced by humans 
into the United States or U.S. territories and to which the Migratory 
Bird Treaty Act (MBTA) does not apply. The Migratory Bird Treaty Reform 
Act (MBTRA) of 2004 amends the MBTA by stating that the MBTA applies 
only to migratory bird species that are native to the United States or 
U.S. territories, and that a native migratory bird species is one that 
is present as a result of natural biological or ecological processes. 
The MBTRA requires that we publish a list of all nonnative, human-
introduced bird species to which the MBTA does not apply. We published 
that list in 2005, and are starting the process to update it with this 
notice. This notice identifies those species that are not protected by 
the MBTA, even though they belong to biological families referred to in 
treaties that the MBTA implements, as their presence in the United 
States or U.S. territories is solely the result of intentional or 
unintentional human-assisted introductions. This notice presents a 
draft list of species that are not protected by the MBTA to reflect 
current taxonomy, to remove one species that no longer occurs in a 
protected family, and to remove one species as a result of new 
distributional records documenting its natural occurrence in the United 
States.

DATES: We will accept comments received or postmarked on or before 
January 28, 2019. Comments submitted electronically using the Federal 
eRulemaking Portal (see ADDRESSES, below) must be received by 11:59 
p.m. Eastern Time on the closing date.

ADDRESSES: 
    Written comments: You may submit comments by one of the following 
methods:
    (1) Electronically: Go to the Federal eRulemaking Portal: http://www.regulations.gov. In the Search box, enter FWS-HQ-MB-2018-0048, 
which is the docket number for this notice. Then, click on the Search 
button. On the resulting page, in the Search panel on the left side of 
the screen, under the Document Type heading, click on the Notice box to 
locate this document. You may submit a comment by clicking on ``Comment 
Now!''
    (2) By hard copy: Submit by U.S. mail or hand-delivery to: Public 
Comments Processing, Attn: FWS-HQ-MB-2018-0048, U.S. Fish and Wildlife 
Service, MS: BPHC, 5275 Leesburg Pike, Falls Church, VA 22041-3803.
    We request that you send comments only by the methods described 
above. We will post all comments on http://www.regulations.gov. This 
generally means that we will post any personal information you provide 
us (see Public Comments, below, for more information).
    Document availability: The complete file for this notice is 
available for inspection, by appointment. Contact Eric L. Kershner, 
Chief of the Branch of Conservation, Permits, and Regulations; Division 
of Migratory Bird Management; U.S. Fish and Wildlife Service; MS:MB; 
5275 Leesburg Pike, Falls Church, VA 22041-3803; (703) 358-2376.

FOR FURTHER INFORMATION CONTACT: 
Eric L. Kershner, (703) 358-2376.

SUPPLEMENTARY INFORMATION: 

What is the purpose of this notice?

    The purpose of this notice is to provide the public with an 
opportunity to review and comment on a draft updated list of ``all 
nonnative, human-introduced bird species to which the Migratory Bird 
Treaty Act (16 U.S.C. 703 et seq.) does not apply,'' as described in 
the MBTRA of 2004. The MBTRA states that ``[a]s necessary, the 
Secretary may update and publish the list of species exempted from 
protection of the Migratory Bird Treaty Act.''
    This notice is strictly informational. It merely updates our list 
of the bird species to which the MBTA does not apply. The presence or 
absence of a species on this list has no legal effect. This list does 
not change the protections that any of these species might receive 
under such agreements as the Convention on International Trade in 
Endangered Species of Wild Fauna and Flora (CITES; T.I.A.S. 8249), the 
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), or the Wild 
Bird Conservation Act of 1992 (16 U.S.C. 4901 et seq.). Regulations 
implementing the MBTA are found in parts 10, 20, and 21 of title 50 of 
the Code of Federal Regulations (CFR). The list of migratory birds 
covered by the MBTA is located at 50 CFR 10.13. Elsewhere in today's 
Federal Register, we propose to revise the list of migratory bird 
species that are protected under the MBTA at 50 CFR 10.13.
    For more information, refer to our notice published in the Federal 
Register on January 4, 2005, at 70 FR 372.

What criteria did we use to identify bird species not protected by the 
MBTA?

    The criteria remain the same as stated in our notice published on 
March 15, 2010, at 70 FR 12710.

[[Page 61162]]

Summary of Updates to the 2010 List of Bird Species Not Protected by 
the MBTA

    This notice presents a draft list of species that are not protected 
by the MBTA to reflect current taxonomy, to remove one species that no 
longer occurs in a protected family, and to remove one species as a 
result of new distributional records documenting its natural occurrence 
in the United States. The taxonomical updates are presented in the 
draft list below. Japanese Bush-Warbler (Cettia diphone) and Red-Legged 
Honeycreeper (Cyanerpes cyaneus) appeared on the March 15, 2010, list 
(70 FR 12710), but are not on this draft list because Japanese Bush-
Warbler (Cettia diphone) no longer occurs in a protected family due to 
changes in taxonomy, and new distributional records document the 
natural occurrence of Red-Legged Honeycreeper (Cyanerpes cyaneus) in 
the United States.

The Draft List

    What are the nonnative, human-introduced bird species to which the 
MBTA does not apply that belong to biological families of migratory 
birds covered under any of the migratory bird conventions with Great 
Britain (for Canada), Mexico, Russia, or Japan?
    We made this draft list as comprehensive as possible by including 
all nonnative, human-assisted species that belong to any of the 
families referred to in the treaties and whose occurrence(s) in the 
United States or U.S. territories have been documented in the 
scientific literature. It is not, however, an exhaustive list of all 
the nonnative species that could potentially appear in the United 
States or U.S. territories as a result of human assistance. New species 
of nonnative birds are being reported annually in the United States, 
and it is impossible to predict which species might appear in the near 
future.
    The appearance of a species on this list does not preclude its 
addition to the list of migratory birds protected by the MBTA (50 CFR 
10.13) at some later date should substantial evidence come to light 
confirming natural occurrence in the United States or U.S. territories. 
The 123 species on this list are arranged by family according to the 
American Ornithological Society (AOS) (1998, as amended and following 
taxonomy in the AOS 2017 supplement). Within families, species are 
arranged alphabetically by scientific name. Common and scientific names 
follow Clements et al. (2017); any names occurring differently in the 
AOS 2017 supplement are in parentheses.

Family Anatidae

Mandarin Duck, Aix galericulata
Egyptian Goose, Alopochen aegyptiaca
Philippine Duck, Anas luzonica
Graylag Goose, Anser anser
Domestic Goose, Anser anser `domesticus'
Swan Goose, Anser cygnoides
Bar-headed Goose, Anser indicus
Red-breasted Goose, Branta ruficollis
Ringed Teal, Callonetta leucophrys
Maned Duck, Chenonetta jubata
Coscoroba Swan, Coscoroba coscoroba
Black Swan, Cygnus atratus
Black-necked Swan, Cygnus melancoryphus
Mute Swan, Cygnus olor
White-faced Whistling-Duck, Dendrocygna viduata
Rosy-billed Pochard, Netta peposaca
Red-crested Pochard, Netta rufina
Cotton Pygmy-Goose, Nettapus coromandelianus
Orinoco Goose, Oressochen jubatus (Neochen jubata)
Hottentot Teal, Spatula hottentota
Ruddy Shelduck, Tadorna ferruginea
Common Shelduck, Tadorna tadorna

Family Phoenicopteridae

Lesser Flamingo, Phoeniconaias minor
Chilean Flamingo, Phoenicopterus chilensis

Family Columbidae

Nicobar Pigeon, Caloenas nicobarica
Asian Emerald Dove, Chalcophaps indica
Rock Pigeon, Columba livia
Common Wood-Pigeon, Columba palumbus
Luzon Bleeding-heart, Gallicolumba luzonica
Diamond Dove, Geopelia cuneata
Bar-shouldered Dove, Geopelia humeralis
Zebra Dove, Geopelia striata
Spinifex Pigeon, Geophaps plumifera
Partridge Pigeon, Geophaps smithii
Wonga Pigeon, Leucosarcia melanoleuca
Crested Pigeon, Ocyphaps lophotes
Common Bronzewing, Phaps chalcoptera
Blue-headed Quail-Dove, Starnoenas cyanocephala
Island Collared-Dove, Streptopelia bitorquata
Spotted Dove, Streptopelia chinensis
Eurasian Collared-Dove, Streptopelia decaocto
African Collared-Dove, Streptopelia roseogrisea

Family Trochilidae

Black-throated Mango, Anthracothorax nigricollis

Family Rallidae

Gray-cowled Wood-Rail, Aramides cajaneus

Family Gruiidae

Demoiselle Crane, Anthropoides virgo
Sarus Crane, Antigone antigone
Black Crowned-Crane, Balearica pavonina
Gray Crowned-Crane, Balearica regulorum

Family Charadriidae

Southern Lapwing, Vanellus chilensis
Spur-winged Lapwing, Vanellus spinosus

Family Laridae

Silver Gull, Chroicocephalus novaehollandiae

Family Ciconiidae

Abdim's Stork, Ciconia abdimii
White Stork, Ciconia ciconia
Woolly-necked Stork, Ciconia episcopus
Black-necked Stork, Ephippiorhynchus asiaticus

Family Phalacrocoracidae

Red-legged Cormorant, Phalacrocorax gaimardi

Family Anhingidae

Oriental Darter, Anhinga melanogaster

Family Pelecanidae

Great White Pelican, Pelecanus onocrotalus
Pink-backed Pelican, Pelecanus rufescens

Family Threskiornithidae

Eurasian Spoonbill, Platalea leucorodia
Sacred Ibis, Threskiornis aethiopicus

Family Cathartidae

King Vulture, Sarcoramphus papa

Family Accipitridae

Great Black Hawk, Buteogallus urubitinga
Variable Hawk, Geranoaetus polyosoma
Griffon-type Old World vulture, Gyps sp.
Bateleur, Terathopius ecaudatus

Family Strigidae

Spectacled Owl, Pulsatrix perspicillata

Family Corvidae

Black-throated Magpie-Jay, Calocitta colliei
White-necked Raven, Corvus albicollis
Carrion Crow, Corvus corone
Cuban Crow, Corvus nasicus
House Crow, Corvus splendens
Azure Jay, Cyanocorax caeruleus
San Blas Jay, Cyanocorax sanblasianus
Rufous Treepie, Dendrocitta vagabunda

[[Page 61163]]

Eurasian Jay, Garrulus glandarius
Red-billed Chough, Pyrrhocorax pyrrhocorax
Red-billed Blue-Magpie, Urocissa erythroryncha

Family Alaudidae

Japanese Skylark, Alauda japonica
Wood Lark, Lullula arborea
Calandra Lark, Melanocorypha calandra
Mongolian Lark, Melanocorypha mongolica

Family Paridae

Eurasian Blue Tit, Cyanistes caeruleus
Great Tit, Parus major
Varied Tit, Sittiparus varius

Family Cinclidae

White-throated Dipper, Cinclus cinclus

Family Sylviidae

Eurasian Blackcap, Sylvia atricapilla

Family Muscicapidae

Indian Robin, Copsychus fulicatus
White-rumped Shama, Copsychus malabaricus
Oriental Magpie-Robin, Copsychus saularis
European Robin, Erithacus rubecula
Japanese Robin, Larvivora akahige
Ryukyu Robin, Larvivora komadori
Common Nightingale, Luscinia megarhynchos

Family Turdidae

Song Thrush, Turdus philomelos
Red-throated Thrush, Turdus ruficollis

Family Prunellidae

Dunnock, Prunella modularis

Family Fringillidae

European Goldfinch, Carduelis carduelis
European Greenfinch, Chloris chloris
White-rumped Seedeater, Crithagra leucopygia
Yellow-fronted Canary, Crithagra mozambica
Eurasian Linnet, Linaria cannabina
Parrot Crossbill, Loxia pytyopsittacus
Island Canary, Serinus canaria
Red Siskin, Spinus cucullatus
Hooded Siskin, Spinus magellanicus

Family Emberizidae

Yellowhammer, Emberiza citrinella

Family Icteridae

Venezuelan Troupial, Icterus icterus
Spot-breasted Oriole, Icterus pectoralis
Montezuma Oropendola, Psarocolius montezuma
Red-breasted Meadowlark, Sturnella militaris

Family Cardinalidae

Orange-breasted Bunting, Passerina leclancherii
Red-hooded Tanager, Piranga rubriceps

Family Thraupidae

Yellow Cardinal, Gubernatrix cristata
Greater Antillean Bullfinch, Loxigilla violacea
Cuban Bullfinch, Melopyrrha nigra
Yellow-billed Cardinal, Paroaria capitata
Red-crested Cardinal, Paroaria coronata
Red-cowled Cardinal, Paroaria dominicana
Red-capped Cardinal, Paroaria gularis
Saffron Finch, Sicalis flaveola
Blue-gray Tanager, Thraupis episcopus
Cuban Grassquit, Tiaris canorus

Public Comments

    We request comments or information on this draft list from other 
concerned governmental agencies, the scientific community, industry, or 
any other interested parties.
    Please include sufficient information with your submission (such as 
electronic copies of scientific journal articles or other publications, 
preferably in English) to allow us to verify any scientific or 
commercial information you include.
    You may submit your comments and materials concerning this draft 
list by one of the methods listed in ADDRESSES. We request that you 
send comments only by the methods described in ADDRESSES.
    If you submit information via http://www.regulations.gov, your 
entire submission--including any personal identifying information--will 
be posted on the website. If your submission is made via a hardcopy 
that includes personal identifying information, you may request at the 
top of your document that we withhold this information from public 
review. However, we cannot guarantee that we will be able to do so. We 
will post all hardcopy submissions on http://www.regulations.gov.
    Comments and materials we receive will be available for public 
inspection on http://www.regulations.gov, or by appointment, during 
normal business hours, at the U.S. Fish and Wildlife Service, Division 
of Migratory Bird Management (see ADDRESSES).

Author

    The author of this notice is Jo Anna Lutmerding, U.S. Fish and 
Wildlife Service, Division of Migratory Bird Management, 5275 Leesburg 
Pike, Falls Church, VA 22041.

References Cited

American Ornithological Society. 2017. Fifty-eighth to the American 
Ornithological Society's Check-list of North American Birds. Auk 
134:751-773.
American Ornithologists' Union. 1998. Check-list of North American 
birds: the species of birds of North America from the Arctic through 
Panama, including the West Indies and Hawaiian Islands. 7th edition. 
Washington, DC.
Clements, J.F., T.S. Schulenberg, M.J. Iliff, D. Roberson, T.A. 
Fredericks, B.L. Sullivan, and C.L. Wood. 2017. The eBird/Clements 
checklist of birds of the world: v2017. Downloaded from http://www.birds.cornell.edu/clementschecklist/download/.

Authority

    The authority for this notice is the Migratory Bird Treaty Reform 
Act of 2004 (Division E, Title I, Sec. 143 of the Consolidated 
Appropriations Act, 2005; Pub. L. 108-447), and the Migratory Bird 
Treaty Act (16 U.S.C. 703-712).

    Dated: November 5, 2018.
James W. Kurth,
Deputy Director, U.S. Fish and Wildlife Service, Exercising the 
Authority of the Director, U.S. Fish and Wildlife Service.
[FR Doc. 2018-25631 Filed 11-27-18; 8:45 am]
 BILLING CODE 4333-15-P