[Federal Register Volume 85, Number 74 (Thursday, April 16, 2020)]
[Notices]
[Pages 21262-21264]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-06782]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[Docket No. FWS-HQ-MB-2018-0048; FXMB 12320900000//201//FF09M29000]
List of Bird Species To Which the Migratory Bird Treaty Act Does
Not Apply
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability.
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SUMMARY: We, the U.S. Fish and Wildlife Service, are publishing an
amended 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 first published a list in 2005. We update the 2005 list with
this notice. This notice identifies those species belonging to
biological families referred to in treaties the MBTA implements that
are not protected because their presence in the United States or U.S.
territories is solely the result of intentional or unintentional human-
assisted introductions. This notice presents an updated list of species
not protected by the MBTA, which reflects current taxonomy, removes one
species that no longer occurs in a protected family, and removes two
species as a result of new distributional records documenting their
natural occurrence in the United States.
FOR FURTHER INFORMATION CONTACT: Eric L. Kershner, Chief, 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.
SUPPLEMENTARY INFORMATION:
What is the purpose of this notice?
The purpose of this notice is to provide the public an 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 (Division E, Title I, Sec. 143 of the
Consolidated Appropriations Act, 2005; Pub. L. 108-447). 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.'' The Service published the initial list required by the MBTRA on
March 15, 2005 (70 FR 12710).
This notice is strictly informational. It merely updates our 2005
list of the bird species that are included in the four migratory bird
treaties (see below) but to which the MBTA does not apply. The presence
or absence of a species on this list has, by itself, no legal effect.
This list does not change the protections that any of these species
might receive under other international agreements and statutes, such
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 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 publish a final
rule to update the list of migratory bird species protected under the
MBTA at 50 CFR 10.13; that rule contains information on the four
migratory bird treaties between the United States and four neighboring
countries (Great Britain (for Canada), Mexico, Russia, and Japan).
What was the response of the public to the draft list?
On November 28, 2018, we published in the Federal Register (83 FR
61161) a notice announcing a draft list of the nonnative, human-
introduced bird species to which the MBTA does not apply. We solicited
public comments on the draft list for 60 days, ending on January 28,
2019. We received two comments in response to the draft list, one from
a private individual and one from an organization. Below, we discuss
the comments we received and our responses to them.
Comment (1): We received one comment from the Western Energy
Alliance, which requested that we include European starling (Sturnus
vulgaris) and house sparrow (Passer domesticus) on the list of bird
species not protected by the MBTA.
Response: The draft list of nonnative, human-introduced species was
restricted to species belonging to biological families of migratory
birds covered under any of the migratory bird treaties with Great
Britain (for Canada), Mexico, Russia, or Japan. We excluded species not
occurring in biological families included in the treaties from the
draft list. For clarification purposes, following the list of species,
we have added a list of biological families that do not qualify for
protection under the MBTA and that have species known to occur in the
United States or U.S. territories, whether human-introduced or by
natural occurrence. This includes house sparrow (Passer domesticus),
which occurs in the Passeridae family, and European starling (Sturnus
vulgaris), which occurs in the Sturnidae family. As defined in the
treaty with Japan, the only members of the Sturnidae family that
qualify for protection under the MBTA are those included in that
treaty's annex that occur naturally in the United States or U.S.
territories.
Comment (2): A private individual commented on the significance of
birds to healthy ecosystems, to natural habitats, and to humans. The
commenter also noted the decline of bird populations and that nonnative
species can displace native bird species.
Response: The purpose of this updated list of bird species to which
the MBTA does not apply is to reflect current taxonomy and
distribution. This list itself does not reflect the Service's
obligation and efforts to conserve healthy bird populations.
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, 2005, at 70 FR 12710.
Summary of updates to the 2005 list of bird species not protected by
the MBTA
This notice presents a 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 two species as a
result of new distributional records documenting their natural
occurrence in the United States. We present the taxonomic updates in
the list below. Japanese bush-warbler
[[Page 21263]]
(Cettia diphone), great black hawk (Buteogallus urubitinga), and red-
legged honeycreeper (Cyanerpes cyaneus) appeared on the March 15, 2005,
list (70 FR 12710), but are not on this list. Japanese bush-warbler no
longer occurs in a protected family due to changes in taxonomy. New
distributional records document the natural occurrence of great black
hawk and red-legged honeycreeper in the United States.
Please note that the distributional records concerning great black
hawk came to our attention after the publication of our draft list on
November 28, 2018 (83 FR 61161); therefore, while our draft list
included great black hawk on the list of species that are not protected
by the MBTA, this list does not. See our final rule to update the list
of migratory bird species protected under the MBTA at 50 CFR 10.13,
published elsewhere in today's Federal Register, for more information
about the status of great black hawk under the MBTA.
The 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 (treaties)
with Great Britain (for Canada), Mexico, Russia, or Japan?
We made this 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 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 evidence come to light confirming
natural occurrence in the United States or U.S. territories.
The list arranges 122 species by family according to the American
Ornithological Society (AOS) (1998, as amended and following taxonomy
in the AOS 2019 supplement). Within families, the list arranges species
alphabetically by scientific name. Common and scientific names follow
Clements et al. (2017); any names occurring differently in the AOS 2019
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
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
Eurasian Jay, Garrulus glandarius
Red-billed Chough, Pyrrhocorax pyrrhocorax
Red-billed Blue-Magpie, Urocissa erythroryncha
Family Alaudidae
Japanese Skylark, Alauda japonica
[[Page 21264]]
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
The MBTA also does not apply to:
(1) Nonnative species introduced into the United States or U.S.
territories by means of intentional or unintentional human assistance
that belong to families or groups covered by the Canadian, Mexican, or
Russian Conventions.
(2) Species native or nonnative to the United States or U.S.
territories that either belong to families or groups not referred to in
the Canada, Mexico, and Russia Conventions or are not included by
species name in the Japan Convention. This includes the Tinamidae
(tinamous), Megapodiidae (megapodes), Cracidae (chachalacas),
Odontophoridae (New World quail), Phasianidae (grouse, ptarmigan, and
turkeys), Pteroclidae (sandgrouse), Heliornithidae (finfoots),
Burhinidae (thick-knees), Glareolidae (pratincoles), Todidae (todies),
Psittacidae (parrots), Psittaculidae (Old World parrots), Meliphagidae
(honeyeaters), Dicruridae (drongos), Monarchidae (monarchs),
Pycnonotidae (bulbuls), Scotocercidae (bush warblers and allies),
Zosteropidae (white-eyes), Sturnidae (starlings, except as listed
in Japanese treaty), Ploceidae (weavers), Estrildidae (estrildid
finches), and Passeridae (Old World sparrows, including house or
English sparrow), as well as numerous other families not represented in
the United States or U.S. territories.
References Cited
American Ornithological Society. 2019. Sixtieth Supplement to
the American Ornithological Society's Check-list of North American
Birds. Auk 136:798-813.
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).
Aurelia Skipwith,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2020-06782 Filed 4-15-20; 8:45 am]
BILLING CODE 4333-15-P