Draft List of Bird Species to Which the Migratory Bird Treaty Act Does Not Apply
Federal Register, Volume 83 Issue 229 (Wednesday, November 28, 2018)
Federal Register Volume 83, Number 229 (Wednesday, November 28, 2018)
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.
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 ``as 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.
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.
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
Lesser Flamingo, Phoeniconaias minor
Chilean Flamingo, Phoenicopterus chilensis
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
Black-throated Mango, Anthracothorax nigricollis
Gray-cowled Wood-Rail, Aramides cajaneus
Demoiselle Crane, Anthropoides virgo
Sarus Crane, Antigone antigone
Black Crowned-Crane, Balearica pavonina
Gray Crowned-Crane, Balearica regulorum
Southern Lapwing, Vanellus chilensis
Spur-winged Lapwing, Vanellus spinosus
Silver Gull, Chroicocephalus novaehollandiae
Abdim's Stork, Ciconia abdimii
White Stork, Ciconia ciconia
Woolly-necked Stork, Ciconia episcopus
Black-necked Stork, Ephippiorhynchus asiaticus
Red-legged Cormorant, Phalacrocorax gaimardi
Oriental Darter, Anhinga melanogaster
Great White Pelican, Pelecanus onocrotalus
Pink-backed Pelican, Pelecanus rufescens
Eurasian Spoonbill, Platalea leucorodia
Sacred Ibis, Threskiornis aethiopicus
King Vulture, Sarcoramphus papa
Great Black Hawk, Buteogallus urubitinga
Variable Hawk, Geranoaetus polyosoma
Griffon-type Old World vulture, Gyps sp.
Bateleur, Terathopius ecaudatus
Spectacled Owl, Pulsatrix perspicillata
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
Japanese Skylark, Alauda japonica
Wood Lark, Lullula arborea
Calandra Lark, Melanocorypha calandra
Mongolian Lark, Melanocorypha mongolica
Eurasian Blue Tit, Cyanistes caeruleus
Great Tit, Parus major
Varied Tit, Sittiparus varius
White-throated Dipper, Cinclus cinclus
Eurasian Blackcap, Sylvia atricapilla
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
Song Thrush, Turdus philomelos
Red-throated Thrush, Turdus ruficollis
Dunnock, Prunella modularis
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
Yellowhammer, Emberiza citrinella
Venezuelan Troupial, Icterus icterus
Spot-breasted Oriole, Icterus pectoralis
Montezuma Oropendola, Psarocolius montezuma
Red-breasted Meadowlark, Sturnella militaris
Orange-breasted Bunting, Passerina leclancherii
Red-hooded Tanager, Piranga rubriceps
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
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).
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.
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/.
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
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