[Federal Register Volume 60, Number 89 (Tuesday, May 9, 1995)]
[Proposed Rules]
[Pages 24686-24690]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-11174]
[[Page 24685]]
_______________________________________________________________________
Part IV
Department of the Interior
_______________________________________________________________________
Fish and Wildlife Service
_______________________________________________________________________
50 CFR Part 10
Amendments to the List of Migratory Birds; Proposed Rule
Federal Register / Vol. 60, No. 89 / Tuesday, May 9, 1995 / Proposed
Rules
[[Page 24686]]
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 10
RIN 1018-AB72
Proposed Amendments to the List of Migratory Birds
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. Fish and Wildlife Service (Service) proposes to amend
the List of Migratory Birds contained in 50 CFR 10.13. The Service
proposes to add 20 species, remove 1 species, and revise the English
(common) and/or scientific names of 23 previously listed species as
necessary to conform with the most recent taxonomy and nomenclature.
After consideration of comments received on this proposed rule a final
rule containing a full, up-to-date List of Migratory Birds will be
prepared and published.
DATES: Comments must be submitted on or before July 10, 1995.
ADDRESSES: Comments may be mailed to Chief, Office of Migratory Bird
Management, U.S. Fish and Wildlife Service, Department of the Interior,
ms 634-ARLSQ, 1849 C Street, NW., Washington, DC 20240. Comments
received will be available for public inspection during normal business
hours in room 634, Arlington Square Building, 4401 N. Fairfax Drive,
Arlington, Virginia.
FOR FURTHER INFORMATION CONTACT: Paul R. Schmidt, Chief, Office of
Migratory Bird Management, U.S. Fish and Wildlife Service, Department
of the Interior, ms 634-ARLSQ, Washington, DC 20240, (703) 358-1714.
SUPPLEMENTARY INFORMATION: The Migratory Bird Treaty Act (16 U.S.C.
703-711) (MBTA) expressly protects any migratory bird included in the
terms of the Convention for the Protection of Migratory Birds, August
16, 1916, United States--Great Britain (on behalf of Canada), 39 Stat.
1702, T.S. No. 628; the Convention for the Protection of Migratory
Birds and Game Mammals, February 7, 1936, United States--Mexico, as
amended, 50 Stat. 1311, T.S. No. 912; the Convention for the Protection
of Migratory Birds and Birds in Danger of Extinction, and their
Environment, March 4, 1972, United States--Japan, 25 U.S.T. 3329,
T.I.A.S. No. 7990 (16 U.S.C. 703); and the Convention Between the
United States of America and the Union of Soviet Socialist Republics
[=Russia] Concerning the Conservation of Migratory Birds and Their
Environment, November 26, 1976, 92 Stat. 3110, T.I.A.S. 9073 (16 U.S.C.
703, 712).
The Service regulates most aspects of the taking, possession,
transportation, sale, purchase, barter, exportation, and importation of
migratory birds under the terms of the MBTA. Regulations implementing
the MBTA, which are found principally in Title 50 Code of Federal
Regulations (CFR), Parts 10, 20, and 21, may be applied to any bird
covered by one of the four treaties (16 U.S.C. 703, 712).
A list of birds protected under the Canadian, Mexican, Japanese,
and Russian treaties is currently contained in 50 CFR 10.13, which was
last revised on April 5, 1985 (50 FR 13708).
The treaties with Canada and Mexico indicate, by scientific names
of families or groups or by the English names of species or groups of
species, which birds were intended to be protected by the respective
treaties. As a result of increased knowledge of bird taxonomy, many of
the names that appear in the Canadian and Mexican treaties are now
obsolete. Information on currently accepted scientific terminology for
the groups of birds protected by each of these treaties was provided in
the previous final rule (50 FR 13708).
The Japanese and Russian treaties listed individual species of
birds to be protected. For 35 species, the scientific (generic or
specific) name currently recognized by the American Ornithologists'
Union differs from that which appears in the treaties. The following
cross-reference provides a linkage between the scientific names used in
the List of Migratory Birds and those that appear in the appendices to
the Japanese and Russian treaties. The first name is the modern
equivalent recognized by the American Ornithologists' Union (AOU) (and
adopted in 50 CFR 10.13 or this proposed rule) and the second name is
that which appears in one or another of the treaties. This does not
revise the appendices to either the Japanese or the Russian treaty
(indicated by J or R). EXAMPLE--Chen canagica, the Emperor Goose, is
listed as Anser canagicus in the Japanese treaty and as Philacte
canagica in the Russian treaty. The latter two names are considered to
be synonyms of Chen canagicus.
Accipiter gularis (Asiatic Sparrow Hawk) was listed as Accipiter
virgatus (J & R);
Actitis hypoleucos (Common Sandpiper) was listed as Tringa hypoleucos
(J & R);
Anas americana (American Wigeon) was listed as Mareca americana (J);
Anas clypeata (Northern Shoveler) was listed as Spatula clypeata (J);
Anas penelope (Eurasian Wigeon) was listed as Mareca penelope (J);
Anthus rubescens (Water Pipit) was listed as Anthus spinoletta (J & R);
Branta bernicla (Brant) incorporates Branta nigricans (R);
Calidris alba (Sanderling) was listed as Crocethia alba (J);
Calidris subminuta (Long-toed Stint) was listed as part of Calidris
minutilla (J);
Carduelis flammea (Common Redpoll) was listed as Acanthis flammea (J);
Carduelis hornemanni (Hoary Redpoll) was included as part of Carduelis
flammea (J), and was listed as Acanthis hornemanni (R);
Charadrius morinellus (Eurasian Dotterel) was listed as Eudromias
morinellus (J & R);
Chen canagica (Emperor Goose) was listed as Anser canagicus (J), and
Philacte canagica (R);
Chen caerulescens (Snow Goose) was listed as Anser caerulescens (J);
Cyclorrhynchus psittaculus (Parakeet Auklet) was listed as Aethia
psittacula (J);
Cygnus columbianus (Tundra Swan) incorporates Cygnus bewickii (R);
Egretta sacra (Pacific Reef Heron) was listed as Demigretta sacra (J);
Fratercula cirrhata (Tufted Pufin) was listed as Lunda cirrhata (J &
R);
Gallinago gallinago (Common Snipe) was listed as Capella (=Gallinago)
gallinago (R);
Gallinago megala (Swinhoe's Snipe) was listed as Capella (=Gallinago)
megala (R);
Gallinago stenura (Pin-tailed Snipe) was listed as Capella (=Gallinago)
stenura (R);
Heterosceles brevipes (Gray-tailed Tattler) was included as part of
Tringa incana [=incanus] (J);
Heterosceles incanus (Wandering Tatter) was listed as Tringa incana
(J);
Hirundo pyrrhonota (Cliff Swallow) was listed as Petrochelidon
pyrrhonota (R);
Luscinia calliope (Siberian Rubythroat) was listed as Erithacus
calliope (J);
Melanitta fusca (White-winged Scoter) incorporates Melanitta deglandi
(J);
Mergellus albellus (Smew) was listed as Mergus albellus (J & R);
Milvus migrans (Black Kite) was listed as Milvus korschun
(=migrans)(R);
Motacilla lugens (Black-backed Wagtail) was included as part of
Motacilla alba (J & R);
Numenius borealis (Eskimo Curlew) was included as part of Numenius
minutus (J);
Nycticorax goisagi (Japanese Night-Heron) was listed as Gorsachius
goisagi (J); [[Page 24687]]
Nycticorax melanolophus (Malay Night-Heron) was listed as Gorsachius
melanolophus (J);
Phalaropus lobatus (Northern Phalarope) was listed as Lobipes lobatus
(R);
Pterodroma hypoleuca (Bonin Petrel) was listed as Pterodroma leucoptera
(=hypoleuca) (R);
Tachycineta bicolor (Tree Swallow) was listed as Iridoprocne bicolor
(R);
Turdus obscurus (Eyebrowed Thrush) was listed as Turdus pallidus
(=obscurus) (R);
The amendments proposed here are necessary to:
(i) Add species protected under the Japanese and Russian treaties
that are not currently listed;
(ii) Bring the list into conformity with the English (common) and
scientific names given in the 6th Edition of the AOU's Check-list of
North American Birds (1983), as revised;
(iii) Add species that are of regular occurrence in the United
States that were not included on the last list; and
(iv) Remove species that are no longer considered to be
taxonomically valid.
Since the last publication of the List of Migratory Birds (50 FR
13708), the AOU has published five supplements to the 6th (1983)
edition of the Check-list of North American Birds. These supplements
(Auk 102: 680-686, 1985; 104: 591-596, 1987; 106: 532-538, 1989; 108:
750-754, 1991; 110: 675-682, 1993) represent decisions by the AOU's
Committee on Classification and Nomenclature regarding the validity of
certain distributional records that would add species to the list of
North American birds and on systematic and/or nomenclatural proposals
that affect the English (common) or scientific names of species in the
6th Edition of the Check-list. Decisions published in the supplements
will be incorporated into the next edition of the Check-list.
Twenty species are proposed to be added to the list of protected
birds.
Two species would be added because of recent distributional records
that indicate they are a part of the avifauna of the United States on a
regular basis:
Sandpiper, Green, Tringa ochropus; and
Turtle-Dove, Oriental, Streptopelia orientalis.
Two species would be added because they are included in the
Appendix of the Russian treaty and in the Annex to the Japanese treaty,
respectively (failure to include these species in the current list is
considered an oversight):
Duck, Spot-billed, Anas poecilorhyncha; and
Gull, Black-tailed, Larus crassirostris.
One species would be added because it is a regular member of the
U.S. avifauna and belongs to a taxonomic group (subfamily Sylviinae,
formerly family Sylviidae) covered by the Canadian and Mexican
conventions:
Millerbird, Acrocephalus familiaris.
Fifteen species would be added on the basis of recent taxonomic
changes; what had been considered a single species is now regarded as
two or more species. There would be no change in protection because of
the change of listing. EXAMPLE--what was formerly considered to be the
Arctic Loon, Gavia arctica, is now considered to be two species, the
Arctic Loon, Gavia arctica, and the Pacific Loon, Gavia pacifica, both
of which would be listed:
Coot, Hawaiian, Fulica alai (formerly included in F. americana,
American Coot);
Flycatcher, Cordilleran, Empidonax occidentalis (formerly included in
E. difficilis, Western [=Pacific-slope] Flycatcher);
Golden-Plover, Pacific, Pluvialis fulva (formerly included in P.
dominica, Lesser [=American] Golden Plover);
Gnatcatcher, California, Polioptila californica (formerly included in
P. melanura, Black-tailed Gnatcatcher);
Grebe, Clark's, Aechmophorus clarkii (formerly included in A.
occidentalis, Western Grebe);
Kamao, Myadestes myadestinus (formerly included in Phaeornis
[=Myadestes] obscurus, Hawaiian Thrush [=Omao]);
Loon, Pacific, Gavia pacifica (formerly included in G. arctica, Arctic
Loon);
Olomao, Myadestes lanaiensis (formerly included in Phaeornis
[=Myadestes] obscurus, Hawaiian Thrush [=Omao]);
Petrel, White-necked, Pterodroma cervicalis (formerly included in P.
externa, White-necked [=Juan Fernandez] Petrel);
Rosy-Finch, Black, Leucosticte atrata (formerly included in L. arctoa,
Rosy Finch);
Rosy-Finch, Brown-capped, Leucosticte australis (formerly included in
L. arctoa, Rosy Finch);
Rosy-Finch, Gray-crowned, Leucosticte tephrocotis (formerly included in
L. arctoa, Rosy Finch);
Sapsucker, Red-naped, Sphyrapicus nuchalis (formerly included in S.
varius, Yellow-bellied Sapsucker);
Towhee, California, Pipilo crissalis (formerly included in P. fuscus,
Brown Towhee); and
Vireo, Yellow-green, Vireo flavoviridis (formerly included in V.
olivaceus, Red-eyed Vireo).
One species would be removed because of questions about its
taxonomic validity in reference to North American taxa:
Finch, Rosy, Leucosticte arctoa.
Finally, the English (common) and/or scientific (generic or
specific) names of 23 species would be revised to conform with the most
recent nomenclature. EXAMPLE--The English name of the Common Barn-Owl,
Tyto alba, would be changed to Barn Owl. None of these strictly
nomenclatural revisions would affect the protection afforded any
species:
Barn-Owl, Common, would be changed to Owl, Barn;
Bittern, Chinese, would be changed to Bittern, Yellow;
Caracara, Crested, Polyborus plancus, would be changed to Caracara
plancus;
Cormorant, Olivaceous, Phalacrocorax olivaceus, would be changed to
Cormorant, Neotropic, Phalacrocorax brasilianus;
Curlew, Least, would be changed to Curlew, Little;
Egret, Plumed, Egretta intermedia, would be changed to Egret,
Intermediate, Mesophoyx intermedia;
Flycatcher, Western, would be changed to Flycatcher, Pacific-slope;
Gannet, Northern, Sula bassanus, would be changed to Morus bassanus;
Golden-Plover, Lesser, would be changed to Golden-Plover, American;
Goose, Hawaiian, Nesochen sandvicensis, would be changed to Branta
sandvicensis;
Hawk-Owl, Northern, would be changed to Owl, Northern Hawk;
Heron, Green-backed, Butorides striatus would be changed to Heron,
Green, Butorides virescens;
Kite, Black-shouldered, Elanus caeruleus, would be changed to Kite,
White-tailed, Elanus leucurus;
Night-Heron, Yellow-crowned, Nycticorax violaceus, would be changed to
Nyctanassa violacea;
Owl, Burrowing, Athene cunicularia, would be changed to Speotyto
cunicularia;
Pauraque, Common, would be changed to Pauraque;
Petrel, White-necked, Pterodroma externa, would be changed to Petrel,
Juan Fernandez;
Pipit, Water, Anthus spinoletta, would be changed to Pipit, American,
Anthus rubescens;
Storm-Petrel, Sooty, would be changed to Storm-Petrel, Tristram's;
Thrush, Eye-browed, would be changed to Thrush, Eyebrowed;
Thrush, Hawaiian, Phaeornis obscurus, would be changed to Omao,
Myadestes obscurus; [[Page 24688]]
Thrush, Small Kauai, Phaeornis palmeri, would be changed to Puaiohi,
Myadestes palmeri; and,
Towhee, Brown, would be changed to Towhee, Canyon.
In total, the proposed amendments would involve 44 species and
result in a net addition of 19 species to the list. The names of the
species that are proposed to be added, removed, or revised are arranged
in the same way as in the current List of Migratory Birds, that is,
alphabetical by English (common) name under their respective group
names (e.g., Flycatcher, Cordilleran).
Note: Corresponding amendments to the Taxonomic Listing will be
incorporated into the Final Rule, as appropriate).
After consideration of comments received on this proposed rule, a
final decision document containing a full, up-to-date List of Migratory
Birds will be prepared and published.
Statement of Effects
Because the proposed revision of the List of Migratory Birds merely
redescribes the birds already protected by the Federal treaties with
Canada, Mexico, Japan, and Russia, the Department of the Interior has
determined that this document will not have a significant economic
effect on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.)
Executive Order (E.O.) 12866 and Paperwork Reduction Act
This document was not subject to Office of Management and Budget
review under E.O. 12866. This rule does not contain information
collection requirements which require approval by the Office of
Management and Budget under 44 U.S.C. 3501 et seq.
National Environmental Policy Act
Based on the fact that these regulations merely redescribe the
birds already protected by the Federal treaties with Canada, Mexico,
Japan, and Russia, the Service has determined that revision of the List
of Migratory Birds in 50 CFR 10.13 is not a major Federal action which
would significantly affect the quality of the human environment within
the meaning of section 102(2)(C) of the National Environmental Policy
Act of 1969. Accordingly, the preparation of an environmental impact
statement on such regulation is not required.
Endangered Species Act Consideration
A number of species appearing on the List of Migratory Birds are
also designated as Endangered or Threatened under provisions of the
Endangered Species Act (16 U.S.C. 1531-1544). No legal complications
arise from the dual listing inasmuch as the two lists are developed by
separate authorities and for different purposes.
Primary Authors
The primary author of this proposed rule is John L. Trapp, U.S.
Fish and Wildlife Service.
Public Comments Invited
The policy of the Department of the Interior is, whenever
practical, to afford the public an opportunity to participate in the
rulemaking process. Accordingly, interested persons may submit written
comments, suggestions, or objections regarding this proposal to the
location identified in the address section above. Comments must be
received on or before July 10, 1995. Following review and consideration
of the comments, the Service will issue a final rule on these proposed
amendments to the List of Migratory Birds.
List of Subjects in 50 CFR Part 10
Exports, Birds, Imports, Law enforcement officers, Wildlife.
Proposed Regulations Promulgation
Accordingly, the Service hereby proposes to amend part 10, subpart
B of chapter I, title 50 of the Code of Federal Regulations, as set
forth below:
PART 10--[AMENDED]
1. The authority citation for part 10 is revised to read as
follows:
Authority: 18 U.S.C. 42; 16 U.S.C. 703-712; 16 U.S.C. 668a-d; 19
U.S.C. 1202; 16 U.S.C. 1531-1544; 16 U.S.C. 1361-1389, 1401-1407; 16
U.S.C. 742a-742j-l; 16 U.S.C. 3371-3378.
2. Amend Sec. 10.13 by revising the last sentence of the
introductory text to read as follows:
Sec. 10.13 List of Migratory Birds.
* * * Taxonomy and nomenclature follows the American
Ornithologists' Union's Check-list of North American Birds (6th
Edition, 1983, as revised through 1993).
* * * * *
3. Amend Sec. 10.13 by adding, and removing certain entries and
subheadings in the Alphabetical Listing as indicated in the table
below:
------------------------------------------------------------------------
Remove Add (alphabetically)
------------------------------------------------------------------------
REMOVE Barn-Owl, Common, Tyto alba. ADD Barn-Owl (see Owl, Barn)
Under ``Bittern:'' REMOVE entry Under ``Bittern:'' ADD
alphabetically entries
Chinese, Ixobrychus sinensis..... Chinese (see Yellow)
Yellow, Ixobrychus sinensis
REMOVE Caracara, Crested, Polyborus ADD Caracara, Crested, Caracara
plancus. plancus
Under ``Coot:'' ADD alphabetically
entry
Hawaiian, Fulica alai
Under ``Cormorant:'' REMOVE entry Under ``Cormorant:'' ADD
alphabetically entries
Olivaceous, Phalacrocorax Olivaceous (see Neotropic)
olivaceus.
Neotropic, Phalacrocorax
brasilianus
Under ``Curlew (see Whimbrel):'' Under ``Curlew (See Whimbrel:'' ADD
REMOVE entry alphabetically entries
Least, Numenius nimutus........ Least (see Little)
Little, Numenius minutus
Under ``DUCKS:'' ADD alphabetically
entry
Spot-billed Duck, Anas
poecilorhyncha
Under ``Egret:'' REMOVE entry Under ``Egret:'' ADD alphabetically
entries
Plumed, Egretta intermedia..... Intermediate, Mesophoyx
intermedia
Plumed (see Intermediate)
Under ``Finch:'' REMOVE entry
Rosy, Leucosticte arctoa
Under ``Flycatcher:'' REMOVE entry Under ``Flycatcher:'' ADD
alphabetically entries
Western, Empidonax difficilis.. Cordilleran, Empidonax
occidentalis
Pacific-slope, Empidonax
difficilis
Western (see Cordilleran and
Pacific-slope)
[[Page 24689]]
REMOVE Gannet, Northern, Sula ADD Gannet, Northern, Morus
bassanus. bassanus
Under ``Gnatcatcher:'' ADD
alphabetically entry
California, Polioptila
california
REMOVE Golden-Plover, Lesser, ADD Golden-Plover:
Pluvialis dominica.
Under ``Golden-Plover:'' ADD
alphabetically entries
American, Pluvialis dominica
Lesser (see American and
Pacific)
Pacific, Pluvialis fulva
Under ``Goose:'' REMOVE entry Under ``Goose:'' ADD
alphabetically entries
Hawaiian, Nesochen sandvicensis Hawaiian, Branta sandvicensis
Under ``Grebe:'' ADD
alphabetically entry
Clark's, Aechmophorus clarkii
Under ``Gull:'' ADD
alphabetically entry
Black-tailed, Larus
crassirostris
REMOVE Hawk-Owl, Northern, Surnia ADD Hawk-Owl (see Owl, Northern
ulula. Hawk)
Under ``Heron:'' REMOVE entry Under ``Heron:'' ADD
alphabetically entries
Green-backed, Butorides Green, Butorides virescens
striatus.
Green-backed (see Green)
ADD Kamao, Myadestes myadestinus
(formerly included wiith
Hawaiian Thrush [= Omao],
Phaeornis obscurus)
Under ``Kite:'' REMOVE entry Under ``Kite:'' ADD
alphabetically entries
Black-shouldered, Elanus Black-shouldered (see White-
caeruleus. tailed)
White-tailed, Elanus leucurus
Under ``Loon:'' ADD
alphabetically entry
Pacific, Gavia pacifica
ADD Millerbird, Acrocephalus
familiaris
Under ``Night-Heron:'' REMOVE entry Under ``Night-Heron:'' ADD
alphabetically entry
Yellow-crowned, Nycticorax Yellow-crowned, Nyctanassa
violaceus. violacea
ADD Olomao, Myadestes lanaiensis
(formerly included with Hawaiian
Thrush [= Omao], Phaeornis
obscurus)
ADD Omao, Myadestes obscurus
(formerly Hawaiian Thrush,
Phaeornis obscurus)
Under ``Owl:'' REMOVE entries Under ``Owl:'' ADD alphabetically
entries
Barn (see Barn-Owl)............ Barn, Tyto alba
Burrowing, Athene cunicularia.. Burrowing, Speotyto cunicularia
Hawk (see Hawk-Owl)............ Northern Hawk, Surnia ulula
REMOVE Pauraque, Common, ADD Pauraque, Nyctidromus
Nyctidromus albicollis. albicollis
Under ``Petrel:'' REMOVE entry Under ``Petrel:'' ADD
alphabetically entries
White-necked, Pterodroma Juan Fernandez, Pterodroma
externa. externa
White-necked, Pterodroma
cervicalis
Under ``Pipit:'' REMOVE entry Under ``Pipit:'' ADD
alphabetically entries
Water, Anthus spinoletta....... American, anthus rubescens
Water (see American)
ADD Puaiohi, Myadestes palmeri
(formerly Small Kauai Thrush,
Phaeornis palmeri)
ADD Rosy-Finch:
Under ``Rosy-Finch:'' ADD
alphabetically entries
Black, Leucosticte atrata
Brown-capped, Leucosticte
australis
Gray-crowned, Leucosticte
tephrocotis
Under ``Sandpiper:'' ADD
alphabetically entry
Green, Tringa ochropus
Under ``Sapsucker:'' ADD
alphabetically entry
Red-naped, Sphyrapicus nuchalis
Under ``Storm-Petrel:'' REMOVE Under ``Storm-Petrel:'' ADD
entry alphabetically entries
Sooty, Oceanodroma tristrami... Sooty (see Tristram's)
Tristram's, Oceanodroma
tristrami
Under ``Thrush:'' REMOVE entries Under ``Thrush:'' ADD
alphabetically entries
Eye-browed, Turdus obscurus.... Eyebrowed, Turdus obscurus
Hawaiian, Phaeornis obscurus... Hawaiian (see Kamao, Olomao,
and Omao)
Small Kauai Phaeornis palmeri.. Small Kauai (see Puaiohi)
Under ``Towhee:'' REMOVE Under ``Tohwee:'' ADD
alphabetically entries
Brown, Pipilo fuscus........... Brown (see California and
Canyon)
California, Pipilo crissalis
Canyon, Pipilo fuscus
Add Turtle-Dove, Oriental,
Streptopelia orientalis
Under ``Vireo:'' ADD
alphabetically entry
Yellow-green, Vireo
flavoviridis
------------------------------------------------------------------------
[[Page 24690]]
Dated: March 18, 1995.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 95-11174 Filed 5-8-95; 8:45 am]
BILLING CODE 4310-55-P
