List of Bird Species To Which the Migratory Bird Treaty Act Does Not Apply, 21262-21264 [2020-06782]

Download as PDF 21262 Federal Register / Vol. 85, No. 74 / Thursday, April 16, 2020 / Notices acquisition were not included in the calculation for TDC, the TDC limit would not have exceeded amongst other items. Contact: Robert E. Mulderig, Deputy Assistant Secretary, Office of Public Housing Investments, Office of Public and Indian Housing, Department of Housing and Urban Development, 451 Seventh Street SW, Room 4130, Washington, DC 20410, telephone (202) 402–4780. [FR Doc. 2020–08052 Filed 4–15–20; 8:45 am]‘ BILLING CODE 4210–67–P 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 Fish and Wildlife Service, Interior. ACTION: Notice of availability. AGENCY: 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. jbell on DSKJLSW7X2PROD with NOTICES SUMMARY: Eric L. Kershner, Chief, Branch of Conservation, Permits, and Regulations; Division of Migratory Bird Management; U.S. Fish and Wildlife Service; MS: MB; FOR FURTHER INFORMATION CONTACT: VerDate Sep<11>2014 18:20 Apr 15, 2020 Jkt 250001 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. PO 00000 Frm 00101 Fmt 4703 Sfmt 4703 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 E:\FR\FM\16APN1.SGM 16APN1 Federal Register / Vol. 85, No. 74 / Thursday, April 16, 2020 / Notices jbell on DSKJLSW7X2PROD with NOTICES (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, humanintroduced 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. VerDate Sep<11>2014 18:20 Apr 15, 2020 Jkt 250001 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 PO 00000 Frm 00102 Fmt 4703 Sfmt 4703 21263 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 E:\FR\FM\16APN1.SGM 16APN1 21264 Federal Register / Vol. 85, No. 74 / Thursday, April 16, 2020 / Notices 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 References Cited Orange-breasted Bunting, Passerina leclancherii Red-hooded Tanager, Piranga rubriceps 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/. Family Thraupidae Authority Yellow Cardinal, Gubernatrix cristata Greater Antillean Bullfinch, Loxigilla violacea Cuban Bullfinch, Melopyrrha nigra 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; 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 jbell on DSKJLSW7X2PROD with NOTICES 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. VerDate Sep<11>2014 18:20 Apr 15, 2020 Jkt 250001 PO 00000 Frm 00103 Fmt 4703 Sfmt 9990 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 DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs [201A2100DD/AAKC001030/ A0A501010.999900253G] Indian Gaming; Extension of TribalState Class III Gaming Compact (Standing Rock Sioux Tribe of North & South Dakota and the State of South Dakota) AGENCY: Bureau of Indian Affairs, Interior. ACTION: Notice. This notice announces the extension of the Class III gaming compact between the Standing Rock Sioux Tribe of North & South Dakota and the State of South Dakota. SUMMARY: The extension takes effect on April 16, 2020. DATES: Ms. Paula L. Hart, Director, Office of Indian Gaming, Office of the Assistant Secretary—Indian Affairs, Washington, DC 20240, (202) 219–4066. FOR FURTHER INFORMATION CONTACT: An extension to an existing Tribal-State Class III gaming compact does not require approval by the Secretary if the extension does not modify any other terms of the compact. 25 CFR 293.5. The Standing Rock Sioux Tribe of North & South Dakota and the State of South Dakota have reached an agreement to extend the expiration date of their existing Tribal-State Class III gaming compact to August 14, 2020. This publication provides notice of the new expiration date of the compact. SUPPLEMENTARY INFORMATION: Tara Sweeney, Assistant Secretary—Indian Affairs. [FR Doc. 2020–07994 Filed 4–15–20; 8:45 am] BILLING CODE 4337–15–P E:\FR\FM\16APN1.SGM 16APN1

Agencies

[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.

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

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