[Federal Register Volume 59, Number 231 (Friday, December 2, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-29673]
[[Page Unknown]]
[Federal Register: December 2, 1994]
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DEPARTMENT OF THE INTERIOR
50 CFR Part 15
RIN 1018-AC15
Importation of Exotic Wild Birds to the United States; Final Rule
Implementing the Wild Bird Conservation Act of 1992
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
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SUMMARY: On October 23, 1992, the Wild Bird Conservation Act of 1992
(WBCA) was signed into law, the purposes of which include promoting the
conservation of exotic birds by: Ensuring that all imports of exotic
bird species into the United States are biologically sustainable and
not detrimental to the species; ensuring that imported birds are not
subject to inhumane treatment during capture and transport; and
assisting wild bird conservation and management programs in countries
of origin. This final rule implements procedures for the establishment
of an approved list of species listed in the Appendices to the
Convention on International Trade in Endangered Species of Wild Fauna
and Flora that may be imported without a WBCA permit because it has
been determined that trade in these species involves only captive-bred
specimens.
EFFECTIVE DATE: This rule is effective January 3, 1995.
FOR FURTHER INFORMATION CONTACT: Dr. Susan S. Lieberman, U.S. Fish and
Wildlife Service, Office of Management Authority, 4401 N. Fairfax
Drive, room 420C, Arlington VA 22203, telephone (703) 358-2093.
SUPPLEMENTARY INFORMATION: This final rule implements aspects of the
WBCA, which was signed into law on October 23, 1992. This is the second
of two rulemakings under the WBCA; the first final rulemaking under the
WBCA was published in the Federal Register on November 16, 1993 (58 FR
60524). The WBCA limits or prohibits imports of exotic bird species to
ensure that their wild populations are not harmed by trade. It also
encourages wild bird conservation programs in countries of origin by
both ensuring that all imports of such species into the United States
are biologically sustainable and not detrimental to the species, and by
creating an Exotic Bird Conservation Fund to provide conservation
assistance in countries of origin. The final rule of November 16, 1993,
summarized the effects of the WBCA and established procedures for
obtaining import permits authorized by the WBCA.
An immediate moratorium, effective October 23, 1992, was
established on the importation of 10 species of wild birds of
particular concern that were listed in Appendix II of the Convention on
International Trade in Endangered Species of Wild Fauna and Flora
(CITES, or Convention), two of which were moved to Appendix I at the
March 1992 CITES meeting. The prohibition on importation of those
species was announced in the Federal Register on December 4, 1992 (57
FR 57510).
During the one-year period immediately following enactment of the
WBCA, from October 23, 1992, to October 22, 1993, import quotas were
established for CITES-listed bird species. Those quotas were announced
in the Federal Register on December 4, 1992 (57 FR 57510). A notice
published on March 30, 1993 (58 FR 16644), solicited public comments
and announced a public meeting, held April 15-16, 1993, to receive
input from the public for the development of regulations to implement
some of the provisions of the WBCA. Useful input was received from a
broad cross-section of interested members of the public who
participated in the meeting and submitted comments in writing; that
input has been used to develop this final rule. A notice published on
April 16, 1993 (58 FR 19840), announced species for which the quotas
had been met and no further individual birds could be imported.
With the publication of the final rule of November 16, 1993,
imports of all CITES-listed birds (as defined in the final rule) are
prohibited, except for (a) species included in an approved list; (b)
specimens for which an import permit has been issued; (c) species from
countries that have approved management plans for those species; or (d)
specimens from approved foreign captive-breeding facilities. The U.S.
Fish and Wildlife Service (Service) published a proposed rule in the
Federal Register on March 17, 1994 (59#FR 12784), that would implement
procedures for approval of foreign captive-breeding facilities and
establishment of an approved list of species listed in the CITES
Appendices that can be imported without a WBCA permit; that approved
list is published herein.
As a result of a lawsuit filed on February 15, 1994, by the Humane
Society of the United States and Defenders of Wildlife, and a resultant
District Court Order that found a portion of the regulation in the
November 16, 1993, Federal Register (58 FR 60524) invalid, the Service,
consistent with that Court Order, announced in the Federal Register on
May 24, 1994 (59 FR 26810), that all exotic birds listed in Appendix
III of CITES are covered by the automatic import moratorium of the
WBCA, regardless of their country of origin. A proposed rule was
published on June 3, 1994 (59 FR 28826), to promulgate that regulatory
change.
This rule finalizes those proposals made in the Federal Register of
March 17, 1994, for the approved list of captive-bred species, with
some modifications based on comments received and further analysis by
the Service. The proposed regulations for the approval of foreign
breeding facilities and the approved list for wild-caught CITES-listed
species will be addressed in a future final rulemaking.
Comments and Information Received
The Service received roughly 4800 comments from the public,
including over 4600 form letters from private aviculturists (bird
breeders) and comments from 6 conservation and/or animal welfare
organizations, 1 zoological organization, 2 scientific organizations, 1
representative of the pet industry, 2 private companies, 3 importers,
11 avicultural organizations, and 6 falconry/raptor breeder
organizations; the remaining comments were from other private
individuals.
Comments of a General Nature
Several commenters, including a scientific organization, several
conservation organizations, a zoological organization, an avicultural
organization, and some private individuals, supported the criteria for
listing species on the approved list of captive-bred species and the
proposed list of captive-bred species in their entirety.
Numerous comments contended that the proposed list of approved
captive-bred species was too restrictive and allowed for the captive
breeding of only those species on the approved list. The Service is
aware that the proposed list of approved captive-bred species has
caused misunderstanding and confusion in the avicultural community and
wishes to clarify what the WBCA and the approved list for captive-bred
species actually regulates. Neither the Wild Bird Conservation Act nor
the Service's regulations implementing Section 106 of the Act impose
new burdens or requirements on buying, selling, breeding, transport,
interstate commerce, or export of birds bred in the United States.
Those activities are not regulated by the WBCA. What the WBCA does is
to restrict imports of bird species listed in the CITES Appendices,
whether taken from the wild or bred in captivity.
Species listed on the approved list of captive-bred species are
those species that can be imported into the United States without a
WBCA permit. This approved list of captive-bred species does not
regulate the breeding, selling, transport, interstate commerce, or
export of birds bred in the United States. Several commenters were
under the false impression that, if a species is not on the approved
list of captive-bred species, this species could not be possessed or
bred in the United States. The Service encourages such captive breeding
within the United States to meet the commercial demand for pet birds.
The Service also notes that the approved list of captive-bred species
only means that the species is approved for import without a WBCA
permit; it does not mean that the Service does not approve the breeding
of other species. The Service is in the process of working to ease the
bird breeding public's concerns by initiating a program of public
education on the WBCA and its regulations.
Comments Pertaining to Section 15.31: Criteria for Including Species in
the Approved List for Captive-Bred Species
This section establishes the criteria for the inclusion of captive-
bred species in the approved list. Pursuant to Section 106 of the WBCA,
the Secretary of the Interior (Secretary) is required to publish a list
of species of exotic birds that are listed in an appendix to the
Convention and that are not subject to a prohibition or suspension of
importation otherwise applicable under the WBCA. In order to list a
species as exclusively captive-bred, the Service is required by the
statute to determine that the species is regularly bred in captivity
and that no wild-caught birds of the species are in trade, legally or
illegally.
These captive-bred species can be imported into the United States
without meeting any additional requirements of the Wild Bird
Conservation Act or this Part 15; however, all of the existing
requirements in Parts 13 and 14, Part 17 (species listed as endangered
or threatened under the Endangered Species Act (ESA)), Part 21
(Migratory Bird Treaty Act), and Part 23 (species listed in the
Appendices to the Convention, or CITES) must still be complied with.
This section establishes the following criteria for the approval of
the importation of captive-bred species:
(a) All specimens of the species known to be in trade (legal or
illegal) must be captive-bred;
(b) No specimens of the species can be known to be removed from the
wild for commercial purposes;
(c) Any importation of specimens of the species must not be
detrimental to the survival of the species in the wild; and
(d) Adequate enforcement controls must be in place in countries of
export to ensure compliance with the aforementioned paragraphs. Imports
of species approved according to the criteria of this section are not
limited to specimens originating from qualifying facilities as
described under Subpart E of this Part.
If a species is bred in captivity in large numbers, but individual
birds of that species are frequently, sometimes, or even rarely taken
from the wild, or if there are enforcement concerns that illegal trade
occurs in the species, the statute does not allow that species to be
included as a captive-bred species. However, individual captive-bred
birds may still be imported into the United States under one of the
following conditions: (1) the foreign breeding facility could be
approved pursuant to Subpart E of this Part 15; or (2) a permit for an
individual import could be obtained pursuant to Subpart C, if the
requirements of that Subpart are met.
As established in the WBCA, the Service will periodically review
the list of species that meet the approval criteria for the importation
of captive-bred species. Any changes [additions and/or deletions] to
this approved list will be proposed in the Federal Register for public
comment, followed by a final rule in which the proposed changes will be
made or an explanation provided for not making them.
Numerous commenters, including 762 form letters from aviculturists,
requested that all captive-bred birds be exempted from the WBCA and its
implementing regulations. The Service disagrees, since that is not
allowed by the statute. One of the purposes of the WBCA is to assist
wild bird conservation and management in the countries of origin.
However, except for the 10 bird families specifically exempted from the
WBCA, the WBCA applies to all species of exotic birds being exported
from any country, whether individual birds are of captive or wild
origin. In passing the WBCA, Congress recognized that there are serious
concerns that wild-caught birds are often intentionally misrepresented
as captive-bred. For this reason, the law specifies criteria for the
import of captive-bred species; it does not simply exempt them.
Furthermore, the Service is aware of illegal trade whereby wild-caught
birds are misrepresented as captive-bred and laundered as captive-bred
birds. Therefore, it would be inconsistent with both the plain language
and intent of the statute to exempt entirely all birds that are claimed
to be bred in captivity from the provisions of the law. However, the
Service notes that, in addition to the list of approved captive-bred
species, several other ways exist to import captive-bred birds into the
United States under the WBCA.
Numerous commenters objected to the Service's use of the standards
adopted by the State of New York with respect to establishing the
criteria for including species in the approved list for captive-bred
species, and commented that such standards were too restrictive. The
Service disagrees. The Service was advised to adopt such standards by
the House of Representatives Committee Report for the WBCA. The House
Merchant Marine and Fisheries Committee advised the Service ``to use
the standards adopted by the State of New York with respect to
importation of captive-bred species, and include such species on the
approved list under this section, as long as the Secretary believes
that trade based on these standards will not result in harm to species
in the wild'' [House Report No. 102-749 (I) pages 1602-1603]. These
standards would include species of exotic birds in the approved list if
the species is regularly bred in captivity and none are taken from the
wild for trade. Many commenters stated that many more species are bred
in captivity than occur on the New York State Approved List of Captive-
bred Species and that this list was adopted years ago when avicultural
techniques were not as developed as they are today. The Service agrees
that many more species are bred in captivity now than when New York
State developed its regulations and approved list. The Service has
adopted the standards used by New York State in developing its criteria
for the approval of captive-bred species, and has included many species
that are not found on the New York State approved list of captive-bred
species.
Animal welfare organizations and one conservation organization
supported the criteria for including species on the approved list of
captive-bred species, but requested that additional criteria be added
to conform to CITES requirements for the humane transport of live
animals. They requested that species experiencing 10% or higher
mortality in transit or 15% or higher mortality in quarantine not be
included on the approved list of captive-bred species. Although the
Service is concerned about the humane treatment and transport of all
birds, it disagrees that such criteria are required for including
species on the approved list of captive-bred species. The Service
implements requirements for the humane and healthful transport of live
birds imported into the United States through its implementation of the
Lacey Act humane and healthful transport requirements, found in 50 CFR
Part 14. In including species on the approved list of captive-bred
species, the Service is required to determine that the species is
regularly bred in captivity and no wild-caught birds of the species are
in trade, legally or illegally. The Service notes as well that
mortalities in shipments of birds that are bred in captivity tend to be
lower than those of wild-caught birds.
Several aviculturists commented that the approved list of captive-
bred species should include species where captive breeding of the
species is needed to conserve the species. The Service recognizes the
contribution that captive breeding may make to the conservation of some
species, but the statute does not instruct the Secretary to list a
species on the approved list of captive-bred species using such
criteria. If an ex-situ captive-breeding program is needed for a
species' conservation, wild-caught or captive-bred birds may be
imported from approved overseas breeding facilities, from countries
with approved management plans, and for scientific research, zoological
breeding, and approved cooperative breeding programs under WBCA permits
available from the Service. The Service notes that cooperative breeding
programs encourage such conservation efforts.
Several aviculturists commented that the approved list of captive-
bred species would cause a loss of genetic diversity in captive
populations of birds in the U.S. and restrict access to new bloodlines
for a species' conservation. The Service disagrees and notes that birds
which are not on the approved list of captive-bred species may still be
imported into the U.S. under the WBCA in several other ways: from
approved overseas breeding facilities, from countries with approved
management plans, and for scientific research, zoological breeding, and
approved cooperative breeding programs. Congress included the
exemptions for zoological breeding and cooperative breeding programs
for just this purpose. The Service notes that it is not the intent of
approval of captive-bred species to enhance conservation of a species,
but rather to facilitate imports of specimens that in no way impact
wild populations.
Numerous aviculturists (including 2318 represented by form
letters), a representative of the pet industry, avicultural groups, and
several importers commented that any species that is regularly captive-
bred, and that is prohibited from export for the pet trade by its
country of origin, should be listed on the approved list of captive-
bred species (regardless of enforcement concerns). For example, they
recommend that all species which are regularly bred in captivity and
are indigenous solely to Australia, a country from which there is no
legal avian trade in wild-caught birds, should be listed on the
approved list of captive-bred species. The Service disagrees. There
remain problems in adequate regulatory and enforcement mechanisms in
many countries of origin for species which are subject to illegal
trade. Adoption of this recommendation would lead to the logically
absurd conclusion to list all indigenous parrots of Mexico on the
approved list of captive-bred species because Mexico bans their export.
Since there exists a flourishing domestic trade in wild-caught parrots
in Mexico and their subsequent illegal export to the U.S., such
inclusion on the approved list would undermine species conservation, as
well as Mexico's enforcement efforts. We cannot adopt this
recommendation, which is counter to the purpose of the statute and the
intent of Congress.
Several aviculturists, some importers, and a raptor breeders'
organization commented that species should be listed on the approved
list of captive-bred species, on a country-by-country basis, if they
are reliably bred in captivity in a specific country only. For example,
Saker falcons from Great Britain would be listed on the approved list
of captive-bred species because they are reliably captive-bred in Great
Britain. The Service disagrees and is making no changes based on these
comments. The statute does not provide for species listings in such a
country-by-country manner. However, the qualifying overseas breeding
facilities can be listed by the country from which the species is to be
imported.
The representative of the pet industry and a national avicultural
organization objected to Section 15.31 (a) stating that it is
inappropriate for the Service to require that all specimens of the
species known to be in trade (legal or illegal) be captive-bred. They
consider trade to be legal trade only and that illegal trade should not
be considered to be trade. They recommend that the Service not take
illegal trade into consideration. The Service strongly disagrees and
recognizes that it was Congress' intent to prevent the illegal trade in
birds, which is detrimental to species' survival, and the laundering of
wild-caught birds as captive-bred specimens. The Service notes that,
for any species, trade includes both legal and illegal trade. Article I
of the CITES Convention defines trade as ``export, re-export, import
and introduction from the sea'' and does not differentiate legal from
illegal. For the purposes of implementing this law, the Service agrees
with the authors of the CITES Convention, as well as the reality of
international trade, that trade has both legal and illegal components.
The Service originally proposed that Section 15.31 (b) read ``no
specimens of the species can be known to be removed from the wild for
the pet bird market.'' In its review of the comments, the Service noted
that several commenters were confused by this wording and the Service
has changed Section 15.31 (b) to read ``no specimens of the species can
be known to be removed from the wild for commercial purposes.'' If in
the future wild-caught specimens are imported to the U.S. for the
exemptions allowed under the WBCA for scientific research, zoological
breeding or display, personal pets, or approved cooperative breeding
programs, such importations would not preclude listing the species in
the approved list of captive-bred species when the species is reliably
bred in captivity and all specimens imported for commercial purposes
are captive-bred. Commercial purposes includes but is not limited to
the pet market (it also includes travelling animal acts, circuses, and
other uses which result in financial benefit).
The representative of the pet industry and a national avicultural
organization objected to Section 15.31 (c) stating that ``inasmuch as
the listing process requires that no wild-caught specimens are in
trade, there is no necessity even to address the non-detriment issue''
and that such a requirement is beyond the scope of the WBCA. The
Service disagrees. One of the stated purposes of the WBCA is to ensure
that all trade in species of exotic birds involving the U.S. is
biologically sustainable and is not detrimental to the species. The
WBCA requires the Service to make such a finding before listing species
on the approved list of captive-bred species. The Service was also
advised to adopt such standards by the House of Representatives
Committee Report for the WBCA. In this Committee Report, the Secretary
was advised ``to use the standards adopted by the State of New York
with respect to importation of captive-bred species, and include such
species on the approved list under this section, as long as the
Secretary believes that trade based on these standards will not result
in harm to species in the wild'' [House Report No. 102-749 (I) pages
1602-1603].
Furthermore, the Service believes that if the inclusion of any
species on an approved list could be detrimental to the survival of the
species in the wild, the intent of Congress, the purposes of the WBCA
and the ``non-detriment'' requirements of CITES for Appendix II species
are such that the species should not be included in the approved list.
The Service cannot list a species in the approved list if such listing
could undermine the conservation of wild bird species in the wild.
Therefore, the Service is making no changes based on these comments.
Several aviculturists and one conservation organization expressed
confusion over Section 15.31 (d). They note that adequate enforcement
controls should be in place in countries of export of captive-bred
birds, as well as in countries of origin of the wild populations. The
Service agrees and notes that it is just as critical that enforcement
be in place and adequate in range countries as it be in place in
exporting countries. The Service notes that adequate enforcement in
exporting countries is critical to ensure that wild-caught birds will
not be misrepresented and laundered as captive-bred birds. Adequate
enforcement is critical to implementation of CITES, a specified purpose
of the WBCA. Therefore, the Service has modified 15.31 (d) accordingly.
General Comments Pertaining to Section 15.33: Species Included in the
Approved List for Captive-Bred Species
This section establishes a list of approved captive-bred species,
based on the criteria in Section 15.31. The Service used the best
information available, including records of imports into the United
States of both wild-caught and captive-bred birds for the years 1988-
1992, CITES annual reports, published reports on the bird trade, law
enforcement data on the commercial trade in captive-bred species, law
enforcement and intelligence information on the illegal trade in exotic
bird species, information from the CITES Secretariat, and information
from other governments. The final list of approved species includes 45
captive-bred exotic bird species and the color mutations for 3 captive-
bred species that can be imported from any other country without a WBCA
permit; other applicable requirements still apply, including any
permits or documents required by CITES, other federal laws, and the
exporting country.
The Service has included in the approved list of captive-bred
species several exotic bird species that are not listed in any Appendix
to the Convention but are regularly bred in captivity and are not taken
from the wild. Although these species are not listed in an Appendix and
thus are not presently prohibited under the WBCA, these species are
included in the list for the convenience of the public. If any of these
species were to become listed in CITES Appendix I, II, or III, their
importation would remain exempt from the provisions of the WBCA,
pursuant to this section. To ensure that there is no confusion, even if
the species or higher taxon to which it belongs were subsequently
listed in the Appendices to the Convention, the Service would still
consider it to be an approved captive-bred species pursuant to this
subpart D.
Several commenters supported the approved list of captive-bred
species published in the March 17, 1994 Federal Register notice,
whereas numerous commenters suggested specific additions of parrot and
finch species to the approved list. The Service reviewed information
available to it for all of these species, based on the criteria in
Section 15.31. These comments are addressed below.
Several falconry/raptor breeder organizations commented that all
birds in the order Falconiformes should be exempted from the WBCA and
its implementing regulations. The Service disagrees and cannot exempt
entire families of birds that Congress did not choose to exempt. Except
for the 10 bird families specifically exempted by the WBCA, the WBCA
applies to all species of exotic birds being exported from any country,
whether individual birds are of captive or wild origin. However, the
Service notes that raptors can be imported into the United States in
several ways, including under permit requirements for scientific
research, cooperative breeding programs, or zoological display or
breeding.
Several commenters expressed concerns that once this list of
approved captive-bred species is published, no additional species could
be added to the list. That is not the case. As new information becomes
available, and as captive breeding becomes more successful, the Service
may propose modifications to this list of approved captive-bred
species, including the inclusion of additional species.
Some of the species recommended by several commenters for inclusion
in the list of approved captive-bred species are very rare in
aviculture, and there are few records of their international trade,
either in the United States or elsewhere. The Service has not included
such species in the approved list, and notes that a purpose of the list
of approved captive-bred species is to facilitate commercial
importation of captive-bred species, whose trade in no way can be
detrimental to populations of these species in the wild. The
fundamental purpose of the WBCA is conservation of exotic bird species
in the wild. For species that are rare in aviculture, individual
captive-bred birds may be imported for approved cooperative breeding
programs, zoological breeding and display, or scientific research,
pursuant to Subpart C of this part.
Comments on Specific Species
Several commenters suggested specific species for inclusion in the
approved list of captive-bred species, which are addressed as follows:
Psittacines That Cannot Be Added to the Approved List
The Service found that the following psittacine species could not
be added to the approved list of captive-bred species because they did
not meet the criteria for approval in Sec. 15.31(a), and that wild-
caught birds are in trade and have been imported into the United
States: Red-faced lovebird (Agapornis pullaria), Fischer's lovebird
(Agapornis fischeri), Madagascar or Grey-headed lovebird (Agapornis
cana), Green-winged king parrot (Alisterus chloropterus), Amboina king
parrot (Alisterus amboinensis), Blue-fronted amazon (Amazona aestiva),
Yellow-crowned Amazon (Amazona ochrocephala), Orange-winged Amazon
(Amazona amazonica), Mealy Amazon (Amazona farinosa), Red-winged Parrot
(Aprosmictus erythropterus), Scarlet macaw (Ara macao), Blue and yellow
macaw (Ara ararauna), Green-winged macaw (Ara chloroptera), Golden-
crowned conure (Aratinga aurea), Orange-fronted conure (Aratinga
canicularis), Golden-capped Conure (Aratinga auricapilla), Andean or
Sierra Parakeet (Bolborhynchus aymara), Tovi or orange-chinned Parakeet
(Brotogeris jugularis), Canary-winged parakeet (Brotogeris
versicolurus), Citron-crested cockatoo (Cacatua sulphurea
citrinocristata), White or umbrella cockatoo (Cacatua alba), Salmon-
crested Cockatoo (Cacatua moluccensis), Lesser sulphur-crested Cockatoo
(Cacatua sulphurea), Greater sulphur-crested cockatoo (Cacatua
galerita), Triton cockatoo (Cacatua galerita triton), Bare-eyed
cockatoo (Cacatua sanguinea), Ducorp's cockatoo (Cacatua ducorpsii),
Goffin's cockatoo (Cacatua goffini), Red-vented cockatoo (Cacatua
haematuropygia), Duyvenbode's lory (Chalcopsitta duivenbodei), Yellow-
streaked lory (Chalcopsitta scintillata), Stella's lorikeet (Charmosyna
papou), Red-flanked lorikeet (Charmosyna placentis), Vasa parrot
(Coracopsis vasa), Eclectus parrot (Eclectus roratus), Austral conure
(Enicognathus ferrugineus), Blue-streaked lory (Eos reticulata), Red
lory (Eos bornea), Pacific parrotlet (Forpus coelestis), Green-rumped
parrotlet (Forpus passerinus), Blue-winged parrotlet (Forpus
xanthopterygius), Chattering lory (Lorius garrulus), Black-headed
caique (Pionites melanocephala), White-crowned Pionus (Pionus senilis),
Meyer's parrot (Poicephalus meyeri), Senegal parrot (Poicephalus
senegalus), Moustache parakeet, (Psittacula alexandri), Derbyan
parakeet (Psittacula derbiana), Alexandrine parakeet (Psittacula
eupatria), Slaty-headed parakeet (Psittacula himalayana), African
Indian Ringneck (Psittacula krameri krameri), Blossom-headed parakeet
(Psittacula roseata), African grey parrot (Psittacus erithacus),
Maroon-tailed conure (Pyrrhura melanura), Painted conure (Pyrrhura
picta), Goldie's lorikeet (Trichoglossus goldiei), Perfect lorikeet
(Trichoglossus euteles), Swainson's or blue mountain lorikeet
(Trichoglossus haematodus moluccanus) and red-collared lorikeet
(Trichoglossus haematodus rubritorquis).
Although no imports of wild-caught Sun conures (Aratinga
solstitialis) were recorded for the United States, wild-caught birds
were available from Guyana, which had an annual export quota of 600
birds for this species during 1988-1991. Therefore, Sun conures are not
included in the approved list.
The Service found that the following species, which commenters
requested be included in the approved list, could not be added to the
approved list of captive-bred species because they did not meet the
criteria for approval in Sec. 15.31(a) and wild-caught birds are in
international trade: Lineolated or barred parakeet (Bolborhynchus
lineola), and Spectacled parrotlet (Forpus conspicillatus).
The Service found that the following bird species, which commenters
requested be included in the approved list, could not be added to the
approved list of captive-bred species because there was insufficient
information to determine that all specimens in trade were captive-bred:
Black goshawk (Accipiter melanoleucus), Black-cheeked lovebird
(Agapornis nigrigenis), Black-collared lovebird (Agapornis
swinderniana), Abyssinian lovebird (Agapornis taranta), Buffon's macaw
(Ara ambigua), Blue-throated [Caninde] macaw (Ara glaucogularis),
Illiger's macaw (Ara maracana), Mountain parakeet (Bolborhynchus
aurifrons), Blue-eyed cockatoo (Cacatua ophthalmica), Slender-billed
conure (Enicognathus leptorhynchus), Yellow-faced parrotlet (Forpus
xanthops), Sclater's parrotlet (Forpus sclateri), Red-cheeked parrot
(Geoffroyus geoffroyi), Musk lorikeet (Glossopsitta concinna), Purple-
crowned lorikeet (Glossopsitta porphyrocephala), Little lorikeet
(Glossopsitta pusilla), Philippine hanging parrot (Loriculus
philippensis), Purple-capped lory (Lorius domicellus), Black-capped
lory (Lorius lory), Tepui parrotlet (Nannopsittaca panychlora), Orange-
bellied parakeet (Neophema chrysogaster), Rock parakeet (Neophema
petrophila), White-bellied caique (Pionites leucogaster), Coral-billed
pionus (Pionus sordidus), Plum-crowned pionus (Pionus tumultuosus),
Ruppell's parrot (Poicephalus rueppellii), Paradise parrot (Psephotus
pulcherrimus), which is probably extinct in the wild, Pesquet's parrot
(Psittrichas fulgidus), Malabar parakeet (Psittacula columboides),
Blaze-winged conure (Pyrrhura devillei), Fiery-shouldered conure
(Pyrrhura egregria), Sulphur-winged conure (Pyrrhura hoffmanni), Pearly
conure (Pyrrhura perlata), Crimson-bellied conure (Pyrrhura
rhodogaster), Black-capped conure (Pyrrhura rupicola), all 7 species of
Touit parrotlets, Varied lorikeet (Trichoglossus versicolor), and Blue-
crowned lory (Vini australis).
For the above species, there are either no records or very few
records of any specimens in trade. The Service was therefore not able
to make the determination required by the statute that the above
species are regularly bred in captivity and that the importation of
specimens of the species is not detrimental to the species survival in
the wild. The Service recognizes that with increased captive breeding
efforts for these species, they may be able to meet criteria for
approval in Sec. 15.31 in the future.
Birds of Prey That Cannot Be Added to the Approved List
The Service found that the following bird of prey species could not
be added to the approved list of captive-bred species because they did
not meet the criteria for approval in Sec. 15.31(a), and that wild-
caught birds are in trade: Black kite (Milvus migrans), and European
eagle owl (Bubo bubo).
Toucans That Cannot Be Added to the Approved List
The Service found that the following toucan species, which
commenters requested be included in the approved list, could not be
added to the approved list of captive-bred species because it did not
meet the criteria for approval in Sec. 15.31(a) and wild-caught birds
are in trade and have been imported into the United States: Toco toucan
(Ramphastos toco).
Law Enforcement Concerns
The Service found that the following bird species, all of which
commenters requested be included in the approved list, could not be
added to the approved list of captive-bred species because they did not
meet the criteria for approval in Sec. 15.31 due to law enforcement
concerns that wild-caught birds are in trade illegally and have been
imported either into the United States or other countries: Nyasa
lovebird (Agapornis lilianae), Australian king parrot (Alisterus
scapularis), Double yellow-headed Amazon (Amazona ochrocephala
oratrix), Green-cheeked Amazon (Amazona viridigenalis), Gang-gang
cockatoo (Callocephalon fimbriatum), Major Mitchell's cockatoo (Cacatua
leadbeateri), Western long-billed cockatoo (Cacatua pastinator), Long-
billed corella (Cacatua tenuirostris), Spix's macaw (Cyanopsitta
spixii), Rose-breasted cockatoo or Galah (Eolophus roseicapillus),
Mexican parrotlet (Forpus cyanopygius), Black Palm cockatoo
(Probosciger aterrimus), Lanner falcon (Falco biarmicus), Saker falcon
(Falco cherrug), Gyrfalcon (Falco rusticolus), Red siskin (Carduelis
cucullata), and Crimson finch (Neochmia phaeton).
Illegal trade in lanner falcons and saker falcons was reported in
the Review of Alleged Infractions and Other Problems of Implementation
of the Convention (Doc. 9.22), which is a document prepared by the
CITES Secretariat for discussion at the Ninth Meeting of the Conference
of the Parties to CITES. These species appear to be involved in illegal
trade on a fairly regular basis, including the laundering of wild-
caught specimens through captive-breeding operations.
The Service received 1708 form letters requesting that all cockatoo
species from Australia be added to the approved list of captive-bred
species. The Service disagrees, because all cockatoo species do not
meet the criteria for approval in Sec. 15.31 due to the illegal trade
in wild-caught birds from Australia. A recent three-year covert law
enforcement investigation, dubbed Operation Renegade, found that over a
10-year period individuals were hired as couriers and travelled to
Australia each fall during the cockatoo nesting season to remove eggs
from nests in the wild. Several hundred smuggled eggs were then
incubated, hand-reared, and sold as captive-bred birds to collectors in
the United States. Among the smuggled species were Rose-breasted
cockatoos, Red-tailed black cockatoos, Major Mitchell's cockatoos, and
Slender-billed corellas. This investigation was a joint effort with law
enforcement officials from Australia, New Zealand, and the United
States, and to date, has resulted in criminal convictions against 17
individuals.
CITES-Listed Passerines That Cannot Be Added to the Approved List
The Service found that the following CITES-listed passerine
species, which commenters requested be included in the approved list,
could not be added to the approved list of captive-bred species because
they did not meet the criteria for approval in Sec. 15.31(a) and wild-
caught birds are in trade and have been imported into the United States
or have been in international trade: Strawberry finch (Amandava
amandava), Greater Indian [Javan] hill myna (Gracula religiosa), St.
Helena waxbill (Estrilda astrild), Orange-cheeked waxbill (Estrilda
melpoda), Black-rumped waxbill (Estrilda troglodytes), Yellow-crowned
bishop (Euplectes afer), Orange weaver (Euplectes orix franciscanus),
Village Indigobird or Senegal combassou (Vidua chalybeata), Red-billed
firefinch (Lagonosticta senegala), Quail finch (Ortygospiza
atricollis), Cordon bleu [red-cheeked finch] (Uraeginthus benegalus),
and Pin-tailed whydah (Vidua macroura).
Non-CITES-Listed Passerines That Cannot Be Added to the Approved List
The Service found that the following non-CITES-listed species,
which commenters requested be included in the approved list, could not
be added to the approved list of captive-bred species because they did
not meet the criteria for approval in Sec. 15.31 (However, since they
are not listed in the CITES Appendices, they are not covered by the
WBCA): Hooded pitta (Pitta sordida), Hartlaub's turaco (Tauraco
hartlaubi), Blue-faced parrot-finch (Erythrura trichroa), Red-headed
parrot-finch (Erythrura psittacea), Pin-tailed parrot-finch (Erythrura
prasina), Black-cheeked waxbill (Estrilda erythronotos), Violet-eared
waxbill (Uraeginthus granatina), Peters' twinspot (Hypargos
niveoguttatus), Chestnut munia (Lonchura malacca), Yellow-rumped finch
(Lonchura flaviprymna), Melba finch (Pytilia melba), Orange-winged
Pytilia (Pytilia afra), Saffron finch (Sicalis flaveola), Purple
grenadier (Uraeginthus ianthinogaster), White-rumped shama thrush
(Copsychus malabaricus), Silver-eared mesa (Leiothrix argentauris),
Pekin robin (Leiothrix lutea), and Asian Fairy bluebird (Irena puella).
Some commenters asked that the Java sparrow (Padda oryzivora) be
approved as a captive-bred species. The Java sparrow is listed as an
injurious wildlife species, under regulations in 50 CFR Part 16, and
its importation, transportation, or acquisition is prohibited.
Therefore, the Service cannot list it as a species approved for
importation.
Several form letters were received recommending that the Northern
Cardinal (Cardinalis cardinalis) be added to the approved list of
captive-bred species. This species is native to the United States and
is protected under the Migratory Bird Treaty Act (16 U.S.C. 703-711)
and implementing regulations in 50 CFR Subchapter B. Therefore, the
Service cannot list it as a species approved for importation.
Comments Pertaining to Section 15.33: Species Included in the Approved
List for Captive-bred Species. Inclusion of Species in the Approved
List, in Addition to Those in the Proposed Rule of March 17, 1994
The Service found that the following species could be added to the
approved list of captive-bred species because they meet the criteria
for approval in Sec. 15.31: Cherry finch (Aidemosyne modesta), Diamond
sparrow (Emblema guttata), Red-browed finch (Aegintha temporalis),
Masked lovebird (Agapornis personata), Jendaya conure (Aratinga
jandaya), Yellow-fronted parakeet (Cyanoramphus auriceps), Red-fronted
parakeet (Cyanoramphus novaezelandiae), Blue-winged parrot (Neophema
chrysostoma), Elegant parrot (Neophema elegans), Northern rosella
(Platycercus venustus), Western or Stanley rosella (Platycercus
icterotis), Golden-shouldered parakeet (Psephotus chrysopterygius),
Indian ringneck parakeet (Psittacula krameri manillensis), Scaly-
breasted lorikeet (Trichoglossus chlorolepidotus), and Common buzzard
(Buteo buteo).
Several commenters requested that color mutations of several
psittacine species be added to the approved list of captive-bred
species. The Service agrees when the color mutation is (a) rare or non-
existent in the wild, and therefore not likely to be obtained as wild-
caught stock; (b) regularly produced in captivity, and (c)
distinguishable from the typical wild form and such ability to
distinguish the color mutation is easy for the non-expert. Therefore,
the Service is adding the following color mutations for selected
species to the approved list of captive-bred species: Pacific parrotlet
(Forpus coelestis) - lutino, yellow, blue and cinnamon forms;
lineolated or barred parakeet (Bolborhynchus lineola) - blue, yellow,
and white forms; and Alexandrine parakeet (Psittacula eupatria) - blue
and lutino forms. The Service understands that newly discovered color
mutations are continuously appearing and being established in
captivity, and would appreciate information as the process occurs, so
that additional color mutations could be listed on the approved list of
captive-bred species.
Comments Pertaining to Section 15.33: Species Included in the Approved
List for Captive-Bred Species. Deletions of Species in the Approved
List
Animal welfare organizations and one conservation organization
commented that Peach-faced lovebird (Agapornis roseicollis) and Plum-
headed parakeet (Psittacula cyanocephala) do not meet the criteria for
approval in Sec. 15.31(a) and wild-caught birds are in trade. The
Service has reviewed its own and international import trade records for
Peach-faced lovebirds and is satisfied that all specimens of the
species known to be in trade are captive-bred. The commenters expressed
concern that imports of Peach-faced lovebirds from South Africa could
be wild-caught birds, since the species occurs in the wild there. The
Service reviewed the wildlife import declarations for all Peach-faced
lovebirds imported from South Africa to the U.S. from 1988 through 1992
and is satisfied that the birds imported were captive-bred. Virtually
all shipments had been certified by the South African CITES Management
Authority as captive-bred. This species meets the criteria for approval
in Sec. 15.31 and will remain on the approved list of captive-bred
species.
The Service has reviewed import trade records for Plum-headed
parakeets and found wild-caught specimens of this species in trade,
although none have been imported into the United States. Therefore,
this species does not meet the criteria for approval in Sec. 15.31, and
the Service is not including the Plum-headed parakeet in the approved
list of captive-bred species.
The Government of Australia communicated its concern with listing
in the approved list of captive-bred species the following species: the
Port Lincoln parrot (Barnardius zonarius), Swift Parrot (Lathamus
discolor), Green rosella (Platycercus caledonicus), Yellow rosella
(Platycercus flaveolus), and Blue-bonnet parakeet (Psephotus
haematogaster). They stated that these species are not common in
captivity in Australia and that there are problems associated with the
smuggling of wild-caught specimens of these species. The Service
proposed these species for listing in its March 17, 1994, Notice of
Proposed Rulemaking, based on the information available to it at that
time, which showed that specimens imported into the U.S. were captive-
bred. Given this new information from Australia, the Service agrees and
is not including these species in the final list of approved captive-
bred species.
Animal welfare organizations and one conservation organization
recommended that the Gouldian finch (Chloebia gouldiae), Long-tailed
grassfinch (Poephila acuticaudata), and Double-barred finch (Poephila
bichenovii) be deleted from the approved list of captive-bred species
because of the high mortality these species suffer in transit and
quarantine. Although the Service recognizes the problems with mortality
of birds in trade, the statute does not allow the use of such
information in listing captive-bred species on the approved list. The
Service is committed, however, to enforcement of the Humane and
Healthful Transport Regulations in 50 CFR Part 14, which apply to these
and all other bird species imported into the United States.
The representative of the pet industry and two aviculturists
commented it was ``in error and misleading'' for the Service to list
Bourke's parrot (Neophema bourkii) and the Scarlet-chested parrot
(Neophema splendida) on the approved list of captive-bred species
because they are listed as endangered under the U.S. Endangered Species
Act (ESA). The Service disagrees and notes that we are aware of the
species' listing under the ESA. The Service did not intend to mislead
the public and was aware that these species were listed under the ESA
and would require ESA permits to be imported. However, the Service
found that these 2 species met the criteria in Section 15.31, and since
a few captive-bred birds had been imported into the U.S. in past years,
it was appropriate to list them and not require a WBCA permit for their
import. The Service notes that, although the species is endangered in
the wild in Australia, adequate enforcement controls exist such that
wild-caught birds are not threatened by illegal trade. The Service does
not have any evidence of any specimens in international trade that are
not captive-bred. The Government of Australia agrees with this
interpretation for these species. The Service has footnoted the species
on the approved list of captive-bred species which require an ESA
permit for importation to avoid any confusion.
Effects of the Rule
The Service has determined that this final rule is categorically
excluded under Departmental procedures in complying with the National
Environmental Policy Act (NEPA). See 516 DM [Departmental Manual] 2,
Appendix 1 Paragraph 1.10. The regulations are procedural in nature,
and the environmental effects, while crafted to carry out the benign
purposes of the WBCA, are judged to be minimal, speculative, and do not
lend themselves to meaningful analysis. Future regulations implementing
the WBCA may be subject to NEPA documentation requirements, on a case-
by-case basis.
Executive Orders 12866, 12612, and 12630 and the Regulatory Flexibility
Act
This rule was not subject to Office of Management and Budget review
under Executive Order 12866. This action is not expected to have
significant taking implications for United States citizens, as per
Executive Order No. 12630. It has also been certified that these
revisions will not have a significant economic effect on a substantial
number of small entities as described by the Regulatory Flexibility
Act. Since the rule applies to importation of live wild birds into the
United States, it does not contain any Federalism impacts as described
in Executive Order 12612.
Paperwork Reduction
This final rule does not contain any increase in information
collection or record keeping requirements as defined by the Paperwork
Reduction Act of 1980. The information collection requirement(s)
contained in this section have been approved by the Office of
Management and Budget, as required by 44 U.S.C. 3501 et seq.
List of Subjects in 50 CFR Part 15
Imports, Reporting and recordkeeping requirements, Transportation
and wildlife.
Regulation Promulgation
PART 15--WILD BIRD CONSERVATION ACT
Accordingly, 50 CFR Part 15 is amended as follows:
1. The authority citation for Part 15 continues to read as follows:
Authority: Pub. L. 102-440, 16 U.S.C. 4901-4916.
2. A new Subpart D, consisting of Sections 15.31, 15.32, and 15.33,
is added to Part 15 to read as follows:
Subpart D--Approved List of Species Listed in the Appendices to the
Convention
Sec.
15.31 Criteria for including species in the approved list for
captive-bred species.
15.32 Criteria for including species in the approved list for non-
captive-bred species. [Reserved].
15.33 Species included in the approved list.
15.31 Criteria for including species in the approved list for captive-
bred species.
The Director will periodically review the list of captive-bred
exotic bird species in paragraph 15.33(a), for which importation into
the United States is approved. Any exotic bird species listed in
paragraph 15.33(a) pursuant to this section must meet all of the
following criteria:
(a) All specimens of the species known to be in trade (legal or
illegal) are captive-bred;
(b) No specimens of the species are known to be removed from the
wild for commercial purposes;
(c) Any importation of specimens of the species would not be
detrimental to the survival of the species in the wild; and
(d) Adequate enforcement controls are in place to ensure compliance
with paragraphs (a) through (c) of this section.
Sec. 15.32 Criteria for including species in the approved list for
non-captive-bred species. [Reserved]
Sec. 15.33 Species included in the approved list.
(a) Captive-bred species. The list in this paragraph includes
species of captive-bred exotic birds for which importation into the
United States is not prohibited by section 15.11. The species are
grouped taxonomically by order.
----------------------------------------------------------------------------------------------------------------
Species Common name
----------------------------------------------------------------------------------------------------------------
Order Falconiiformes:
Buteo buteo........................................ Common European buzzard.
Order Columbiformes:
Columba livia...................................... Rock dove.
Order Psittaciformes:
Agapornis personata................................ Masked lovebird.
Agapornis roseicollis.............................. Peach-faced lovebird.
Aratinga jandaya................................... Jendaya conure.
Barnardius barnardi................................ Mallee ringneck parrot.
Bolborhynchus lineola (blue form).................. Lineolated parakeet (blue form).
Bolborhynchus lineola (yellow form)................ Lineolated parakeet (yellow form).
Bolborhynchus lineola (white form)................. Lineolated parakeet (white form).
Cyanoramphus auriceps.............................. Yellow-fronted Parakeet.
Cyanoramphus novaezelandiae........................ Red-fronted parakeet.
Forpus coelestis (lutino form)..................... Pacific parrotlet (lutino form).
Forpus coelestis (yellow form)..................... Pacific parrotlet (yellow form).
Forpus coelestis (blue form)....................... Pacific parrotlet (blue form).
Forpus coelestis (cinnamon form)................... Pacific parrotlet (cinnamon form).
Melopsittacus undulatus............................ Budgerigar.
Neophema bourkii................................... Bourke's parrot.
Neophema chrysostoma............................... Blue-winged Parrot.
Neophema elegans................................... Elegant Parrot.
Neophema pulchella\1\.............................. Turquoise parrot.
Neophema splendida\1\.............................. Scarlet-chested parrot.
Nymphicus hollandicus.............................. Cockatiel.
Platycercus adelaide............................... Adelaide rosella.
Platycercus adscitus............................... Pale-headed rosella.
Platycercus elegans................................ Crimson rosella.
Platycercus eximius................................ Eastern rosella
Platycercus icterotis.............................. Western (stanley) rosella.
Platycercus venustus............................... Northern rosella.
Polytelis alexandrae............................... Princess parrot.
Polytelis anthopeplus.............................. Regent parrot.
Polytelis swainsonii............................... Superb parrot.
Psephotus chrysopterygius\1\....................... Golden-shouldered parakeet.
Psephotus haematonotus............................. Red-rumped parakeet.
Psephotus varius................................... Mulga parakeet.
Psittacula eupatria (blue form).................... Alexandrine parakeet (blue form).
Psittacula eupatria (lutino form).................. Alexandrine parakeet (lutino form).
Psittacula krameri manillensis..................... Indian ringneck parakeet.
Purpureicephalus spurius........................... Red-capped parrot.
Trichoglossus chlorolepidotus...................... Scaly-breasted lorikeet.
Order Passeriformes:
Aegintha temporalis................................ Red-browed Finch.
Aidemosyne modesta................................. Cherry Finch.
Chloebia gouldiae.................................. Gouldian finch.
Emblema guttata.................................... Diamond Sparrow.
Emblema picta...................................... Painted finch.
Lonchura castaneothorax............................ Chestnut-breasted finch.
Lonchura domestica................................. Society (=Bengalese) finch.
Lonchura pectoralis................................ Pictorella finch.
Neochmia ruficauda................................. Star finch.
Poephila acuticauda................................ Long-tailed grassfinch.
Poephila bichenovii................................ Double-barred finch.
Poephila cincta.................................... Parson finch.
Poephila guttata................................... Zebra finch.
Poephila personata................................. Masked finch.
Serinus canaria.................................... Common Canary.
----------------------------------------------------------------------------------------------------------------
\1\Note: Permits are still required for these species under Part 17 (species listed as endangered or threatened
under the Endangered Species Act (ESA)) of this Chapter.
(b) Non-captive-bred species. [Reserved].
Dated: November 21, 1994.
George T. Frampton Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 94-29673 Filed 12-1-94; 8:45 am]
BILLING CODE 4310-55-Pz
