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Home , Antigone (bird), Azure jay, Balearica, Caloenas, Chough, Columba (bird)

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 ( 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 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, -introduced bird Response: The draft list of nonnative, 402–4780. species to which the Migratory Bird human- 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 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 (for ), , , or . We excluded DEPARTMENT OF THE INTERIOR 2005; . L. 108–447). The MBTRA states that ‘‘[a]s necessary, the Secretary species not occurring in biological 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 , 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 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 Act migratory bird species that are native to to healthy ecosystems, to natural of 1992 (16 U.S.C. 4901 et seq.). , 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 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

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( diphone), Family Family Gruiidae ( urubitinga), and -legged Mandarin , Aix galericulata Demoiselle , Anthropoides virgo honeycreeper (Cyanerpes cyaneus) Egyptian Goose, Alopochen aegyptiaca , antigone appeared on the March 15, 2005, list (70 Philippine Duck, Anas luzonica Black Crowned-Crane, 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 , 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 , 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 The List Common Shelduck, Tadorna tadorna Family Anhingidae What are the nonnative, human- Family Phoenicopteridae Oriental , Anhinga melanogaster introduced bird species to which the Lesser , Phoeniconaias minor MBTA does not apply that belong to , Phoenicopterus Family Pelecanidae biological families of migratory birds chilensis Great White , Pelecanus covered under any of the migratory bird Family onocrotalus conventions (treaties) with Great Britain -backed Pelican, Pelecanus (for Canada), Mexico, Russia, or Japan? , nicobarica rufescens We made this list as comprehensive Asian Emerald Dove, Chalcophaps as possible by including all nonnative, indica Family human-assisted species that belong to Rock Pigeon, livia Eurasian , Platalea leucorodia any of the families referred to in the Common Wood-Pigeon, Columba Sacred , aethiopicus treaties and whose occurrence(s) in the palumbus United States or U.S. territories have Luzon Bleeding-heart, Gallicolumba Family Cathartidae been documented in the scientific luzonica King Vulture, Sarcoramphus papa literature. It is not, however, an Diamond Dove, Geopelia cuneata exhaustive list of all the nonnative Bar-shouldered Dove, Geopelia Family species that could potentially appear in humeralis Variable Hawk, polyosoma the United States or U.S. territories as a , Geopelia striata Griffon- Old World vulture, Gyps result of human assistance. New species Pigeon, plumifera sp. of nonnative birds are reported annually Pigeon, Geophaps smithii Bateleur, Terathopius ecaudatus Wonga Pigeon, Leucosarcia in the United States, and it is impossible Family Strigidae to predict which species might appear melanoleuca , Ocyphaps lophotes Spectacled , Pulsatrix perspicillata in the near future. Common Bronzewing, The appearance of a species on this chalcoptera Family list does not preclude its addition to the Blue-headed -Dove, Starnoenas list of migratory birds protected by the Black-throated -, Calocitta cyanocephala colliei MBTA (50 CFR 10.13) at some later date Island Collared-Dove, should evidence come to light White-necked Raven, albicollis bitorquata Carrion , Corvus corone confirming natural occurrence in the , Streptopelia chinensis , Corvus nasicus United States or U.S. territories. Eurasian Collared-Dove, Streptopelia , Corvus splendens The list arranges 122 species by decaocto , caeruleus family according to the American African Collared-Dove, Streptopelia , Cyanocorax sanblasianus Ornithological Society (AOS) (1998, as roseogrisea Rufous , vagabunda amended and following taxonomy in the , glandarius AOS 2019 supplement). Within Family Trochilidae Red-billed , Pyrrhocorax families, the list arranges species Black-throated Mango, Anthracothorax pyrrhocorax alphabetically by scientific name. nigricollis Red-billed Blue-Magpie, Common and scientific names follow erythroryncha Clements et al. (2017); any names Family Rallidae occurring differently in the AOS 2019 Gray-cowled Wood-, Aramides Family Alaudidae supplement are in parentheses. cajaneus Japanese Skylark, japonica

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Wood , Lullula arborea -billed Cardinal, Paroaria Pub. L. 108–447), and the Migratory Calandra Lark, calandra capitata Bird Treaty Act (16 U.S.C. 703–712). Mongolian Lark, Melanocorypha Red-crested Cardinal, Paroaria coronata Aurelia Skipwith, mongolica Red-cowled Cardinal, Paroaria Director, U.S. Fish and Wildlife Service. Family Paridae dominicana Red-capped Cardinal, Paroaria gularis [FR Doc. 2020–06782 Filed 4–15–20; 8:45 am] Eurasian Blue , caeruleus BILLING CODE 4333–15–P , major Saffron , Sicalis flaveola , varius Blue-gray , Thraupis episcopus Cuban Grassquit, Tiaris canorus DEPARTMENT OF THE INTERIOR Family Cinclidae The MBTA also does not apply to: White-throated Dipper, Cinclus cinclus (1) Nonnative species introduced into Bureau of Indian Affairs the United States or U.S. territories by Family means of intentional or unintentional [201A2100DD/AAKC001030/ , Sylvia atricapilla human assistance that belong to families A0A501010.999900253G] Family Muscicapidae or groups covered by the Canadian, Mexican, or Russian Conventions. Indian Gaming; Extension of Tribal- , Copsychus fulicatus (2) Species native or nonnative to the State III Gaming Compact White-rumped Shama, Copsychus United States or U.S. territories that (Standing Rock Sioux Tribe of North & malabaricus either belong to families or groups not -Robin, Copsychus South Dakota and the State of South referred to in the Canada, Mexico, and Dakota) saularis Russia Conventions or are not included , Erithacus rubecula by species name in the Japan , akahige AGENCY: Bureau of Indian Affairs, Convention. This includes the , Larvivora komadori Interior. Tinamidae (), Megapodiidae , (), (), ACTION: Notice. megarhynchos Odontophoridae ( quail), Family Turdidae (, ptarmigan, and SUMMARY: This notice announces the Song , Turdus philomelos turkeys), Pteroclidae (), extension of the Class III gaming Red-throated Thrush, Turdus ruficollis Heliornithidae (finfoots), Burhinidae compact between the Standing Rock (thick-knees), Glareolidae (pratincoles), Sioux Tribe of North & South Dakota Family Prunellidae Todidae (todies), Psittacidae (), and the State of South Dakota. , Prunella modularis Psittaculidae (Old World parrots), Meliphagidae (honeyeaters), Dicruridae DATES: The extension takes effect on Family Fringillidae (), Monarchidae (monarchs), April 16, 2020. European Goldfinch, Carduelis Pycnonotidae (), Scotocercidae FOR FURTHER INFORMATION CONTACT: Ms. carduelis (bush warblers and allies), Paula L. Hart, Director, Office of Indian European , Chloris chloris Zosteropidae (white-eyes), Sturnidae Gaming, Office of the Assistant White-rumped , Crithagra (starlings, except as listed in Japanese Secretary—Indian Affairs, Washington, leucopygia treaty), Ploceidae (weavers), Estrildidae DC 20240, (202) 219–4066. Yellow-fronted Canary, Crithagra (estrildid ), and Passeridae (Old mozambica World sparrows, including house or SUPPLEMENTARY INFORMATION: An Eurasian Linnet, Linaria cannabina English sparrow), as well as numerous extension to an existing Tribal-State , Loxia pytyopsittacus other families not represented in the Class III gaming compact does not Island Canary, Serinus canaria United States or U.S. territories. require approval by the Secretary if the Red Siskin, Spinus cucullatus extension does not modify any other References Cited Hooded Siskin, Spinus magellanicus terms of the compact. 25 CFR 293.5. The Family Emberizidae American Ornithological Society. 2019. Standing Rock Sioux Tribe of North & Sixtieth Supplement to the American South Dakota and the State of South , Emberiza citrinella Ornithological Society’s Check-list of North Dakota have reached an agreement to American Birds. Auk 136:798–813. Family Icteridae American Ornithologists’ Union. 1998. extend the expiration date of their existing Tribal-State Class III gaming Venezuelan Troupial, Icterus icterus Check-list of North American birds: The Spot-breasted Oriole, Icterus pectoralis species of birds of from the compact to August 14, 2020. This Montezuma Oropendola, Psarocolius through Panama, including the West publication provides notice of the new Indies and Hawaiian Islands. 7th edition. expiration date of the compact. montezuma Washington, DC. Red-breasted Meadowlark, Clements, J.F., T.S. Schulenberg, M.J. Iliff, Tara Sweeney, militaris D. Roberson, T.A. Fredericks, B.L. Sullivan, Assistant Secretary—Indian Affairs. and C.L. Wood. 2017. The eBird/Clements Family Cardinalidae [FR Doc. 2020–07994 Filed 4–15–20; 8:45 am] checklist of birds of the world: v2017. -breasted , Passerina Downloaded from http:// BILLING CODE 4337–15–P leclancherii www.birds.cornell.edu/clementschecklist/ Red-hooded Tanager, Piranga rubriceps download/. Family Thraupidae Authority Yellow Cardinal, Gubernatrix cristata The authority for this notice is the Greater Antillean Bullfinch, Migratory Bird Treaty Reform Act of violacea 2004 (Division E, Title I, Sec. 143 of the , nigra Consolidated Appropriations Act, 2005;

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