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Fish and Wildlife Service, Interior.
Notice of availability.
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.
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.
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).
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.
The criteria remain the same as stated in our notice published on March 15, 2005, at 70 FR 12710 .
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 ( printed 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.
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.
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
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 ( printed page 21264)
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
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.
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/.
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]
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