[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