21262 Federal Register / Vol. 85, No. 74 / Thursday, April 16, 2020 / Notices acquisition were not included in the 5275 Leesburg Pike, Falls Church, VA Comment (1): We received one calculation for TDC, the TDC limit would not 22041–3803; (703) 358–2376. comment from the Western Energy have exceeded amongst other items. SUPPLEMENTARY INFORMATION: Alliance, which requested that we Contact: Robert E. Mulderig, Deputy include European starling (Sturnus Assistant Secretary, Office of Public Housing What is the purpose of this notice? vulgaris) and house sparrow (Passer Investments, Office of Public and Indian Housing, Department of Housing and Urban The purpose of this notice is to domesticus) on the list of bird species Development, 451 Seventh Street SW, Room provide the public an updated list of not protected by the MBTA. 4130, Washington, DC 20410, telephone (202) ‘‘all nonnative, human-introduced bird Response: The draft list of nonnative, 402–4780. species to which the Migratory Bird human-introduced species was [FR Doc. 2020–08052 Filed 4–15–20; 8:45 am]‘ Treaty Act (16 U.S.C. 703 et seq.) does restricted to species belonging to biological families of migratory birds BILLING CODE 4210–67–P not apply,’’ as described in the MBTRA of 2004 (Division E, Title I, Sec. 143 of covered under any of the migratory bird the Consolidated Appropriations Act, treaties with Great Britain (for Canada), Mexico, Russia, or Japan. We excluded DEPARTMENT OF THE INTERIOR 2005; Pub. L. 108–447). The MBTRA states that ‘‘[a]s necessary, the Secretary species not occurring in biological Fish and Wildlife Service may update and publish the list of families included in the treaties from species exempted from protection of the the draft list. For clarification purposes, [Docket No. FWS–HQ–MB–2018–0048; following the list of species, we have FXMB 12320900000//201//FF09M29000] Migratory Bird Treaty Act.’’ The Service published the initial list required by the added a list of biological families that do not qualify for protection under the List of Bird Species To Which the MBTRA on March 15, 2005 (70 FR MBTA and that have species known to Migratory Bird Treaty Act Does Not 12710). occur in the United States or U.S. Apply This notice is strictly informational. It territories, whether human-introduced merely updates our 2005 list of the bird or by natural occurrence. This includes AGENCY: Fish and Wildlife Service, species that are included in the four house sparrow (Passer domesticus), Interior. migratory bird treaties (see below) but to which occurs in the Passeridae family, ACTION: Notice of availability. which the MBTA does not apply. The and European starling (Sturnus presence or absence of a species on this SUMMARY: vulgaris), which occurs in the Sturnidae We, the U.S. Fish and list has, by itself, no legal effect. This family. As defined in the treaty with Wildlife Service, are publishing an list does not change the protections that Japan, the only members of the amended list of the nonnative bird any of these species might receive under Sturnidae family that qualify for species that have been introduced by other international agreements and protection under the MBTA are those humans into the United States or U.S. statutes, such as the Convention on included in that treaty’s annex that territories and to which the Migratory International Trade in Endangered occur naturally in the United States or Bird Treaty Act (MBTA) does not apply. Species of Wild Fauna and Flora U.S. territories. The Migratory Bird Treaty Reform Act (CITES; T.I.A.S. 8249), the Endangered (MBTRA) of 2004 amends the MBTA by Comment (2): A private individual Species Act of 1973 (16 U.S.C. 1531 et commented on the significance of birds stating that the MBTA applies only to seq.), or the Wild Bird Conservation Act migratory bird species that are native to to healthy ecosystems, to natural of 1992 (16 U.S.C. 4901 et seq.). habitats, and to humans. The the United States or U.S. territories, and Regulations implementing the MBTA that a native migratory bird species is commenter also noted the decline of are in parts 10, 20, and 21 of title 50 of bird populations and that nonnative one that is present as a result of natural the Code of Federal Regulations (CFR). biological or ecological processes. The species can displace native bird species. The list of migratory birds covered by Response: The purpose of this MBTRA requires that we publish a list the MBTA is located at 50 CFR 10.13. of all nonnative, human-introduced bird updated list of bird species to which the Elsewhere in today’s Federal Register, MBTA does not apply is to reflect species to which the MBTA does not we publish a final rule to update the list apply. We first published a list in 2005. current taxonomy and distribution. This of migratory bird species protected list itself does not reflect the Service’s We update the 2005 list with this notice. under the MBTA at 50 CFR 10.13; that This notice identifies those species obligation and efforts to conserve rule contains information on the four healthy bird populations. belonging to biological families referred migratory bird treaties between the to in treaties the MBTA implements that United States and four neighboring What criteria did we use to identify are not protected because their presence countries (Great Britain (for Canada), bird species not protected by the in the United States or U.S. territories is Mexico, Russia, and Japan). MBTA? solely the result of intentional or unintentional human-assisted What was the response of the public to The criteria remain the same as stated introductions. This notice presents an the draft list? in our notice published on March 15, 2005, at 70 FR 12710. updated list of species not protected by On November 28, 2018, we published the MBTA, which reflects current in the Federal Register (83 FR 61161) a Summary of updates to the 2005 list of taxonomy, removes one species that no notice announcing a draft list of the bird species not protected by the MBTA longer occurs in a protected family, and nonnative, human-introduced bird This notice presents a list of species removes two species as a result of new species to which the MBTA does not that are not protected by the MBTA to distributional records documenting apply. We solicited public comments on reflect current taxonomy, to remove one their natural occurrence in the United the draft list for 60 days, ending on species that no longer occurs in a States. January 28, 2019. We received two protected family, and to remove two FOR FURTHER INFORMATION CONTACT: Eric comments in response to the draft list, species as a result of new distributional L. Kershner, Chief, Branch of one from a private individual and one records documenting their natural Conservation, Permits, and Regulations; from an organization. Below, we discuss occurrence in the United States. We Division of Migratory Bird Management; the comments we received and our present the taxonomic updates in the U.S. Fish and Wildlife Service; MS: MB; responses to them. list below. Japanese bush-warbler VerDate Sep<11>2014 18:20 Apr 15, 2020 Jkt 250001 PO 00000 Frm 00101 Fmt 4703 Sfmt 4703 E:\FR\FM\16APN1.SGM 16APN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 74 / Thursday, April 16, 2020 / Notices 21263 (Cettia diphone), great black hawk Family Anatidae Family Gruiidae (Buteogallus urubitinga), and red-legged Mandarin Duck, Aix galericulata Demoiselle Crane, Anthropoides virgo honeycreeper (Cyanerpes cyaneus) Egyptian Goose, Alopochen aegyptiaca Sarus Crane, Antigone antigone appeared on the March 15, 2005, list (70 Philippine Duck, Anas luzonica Black Crowned-Crane, Balearica FR 12710), but are not on this list. Graylag Goose, Anser anser pavonina Japanese bush-warbler no longer occurs Domestic Goose, Anser anser Gray Crowned-Crane, Balearica in a protected family due to changes in ‘domesticus’ regulorum taxonomy. New distributional records Swan Goose, Anser cygnoides document the natural occurrence of Bar-headed Goose, Anser indicus Family Charadriidae great black hawk and red-legged Red-breasted Goose, Branta ruficollis Southern Lapwing, Vanellus chilensis honeycreeper in the United States. Ringed Teal, Callonetta leucophrys Spur-winged Lapwing, Vanellus Please note that the distributional Maned Duck, Chenonetta jubata spinosus records concerning great black hawk Coscoroba Swan, Coscoroba coscoroba came to our attention after the Black Swan, Cygnus atratus Family Laridae publication of our draft list on Black-necked Swan, Cygnus Silver Gull, Chroicocephalus November 28, 2018 (83 FR 61161); melancoryphus novaehollandiae therefore, while our draft list included Mute Swan, Cygnus olor Family Ciconiidae great black hawk on the list of species White-faced Whistling-Duck, that are not protected by the MBTA, this Dendrocygna viduata Abdim’s Stork, Ciconia abdimii Rosy-billed Pochard, Netta peposaca list does not. See our final rule to White Stork, Ciconia ciconia Red-crested Pochard, Netta rufina Woolly-necked Stork, Ciconia episcopus update the list of migratory bird species Cotton Pygmy-Goose, Nettapus protected under the MBTA at 50 CFR Black-necked Stork, Ephippiorhynchus coromandelianus asiaticus 10.13, published elsewhere in today’s Orinoco Goose, Oressochen jubatus Federal Register, for more information (Neochen jubata) Family Phalacrocoracidae about the status of great black hawk Hottentot Teal, Spatula hottentota under the MBTA. Red-legged Cormorant, Phalacrocorax Ruddy Shelduck, Tadorna ferruginea gaimardi