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U.S. Fish and Wildlife Serv., Interior § 10.13

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U.S. Fish and Wildlife Serv., Interior § 10.13 U.S. Fish and Wildlife Serv., Interior § 10.13 District of Columbia, Commonwealth sale, purchase, barter, exportation, and of Puerto Rico, American Samoa, U.S. importation of migratory birds. Virgin Islands, Guam, Commonwealth (c) What species are protected as migra- of the Northern Mariana Islands, Baker tory birds? Species protected as migra- Island, Howland Island, Jarvis Island, tory birds are listed in two formats to Johnston Atoll, Kingman Reef, Midway suit the varying needs of the user: Al- Atoll, Navassa Island, Palmyra Atoll, phabetically in paragraph (c)(1) of this and Wake Atoll, and any other terri- section and taxonomically in para- tory or possession under the jurisdic- graph (c)(2) of this section. Taxonomy tion of the United States. and nomenclature generally follow the Whoever means the same as person. 7th edition of the American Ornitholo- Wildlife means the same as fish or gists’ Union’s Check-list of North Amer- wildlife. ican birds (1998, as amended through 2007). For species not treated by the [38 FR 22015, Aug. 15, 1973, as amended at 42 AOU Check-list, we generally follow FR 32377, June 24, 1977; 42 FR 59358, Nov. 16, Monroe and Sibley’s A World Checklist 1977; 45 FR 56673, Aug. 25, 1980; 50 FR 52889, Dec. 26, 1985; 72 FR 48445, Aug. 23, 2007] of Birds (1993). (1) Alphabetical listing. Species are § 10.13 List of Migratory Birds. listed alphabetically by common (English) group names, with the sci- (a) Legal authority for this list. The entific name of each species following Migratory Bird Treaty Act (MBTA) in the common name. It is possible that 16 U.S.C. 703–711, the Fish and Wildlife alphabetical listing by common group Improvement Act of 1978, 16 U.S.C. 712, names may create confusion in those and 16 U.S.C. 742a–j. The MBTA imple- few instances in which the common ments Conventions between the United (English) name of a species has States and four neighboring countries changed. The species formerly known for the protection of migratory birds, as the Falcated Teal, for example, is as follows: now known as the Falcated Duck. To (1) Canada: Convention for the Pro- prevent confusion, the alphabetical list tection of Migratory Birds, August 16, has two entries for Falcated Duck: 1916, United States-Great Britain (on ‘‘DUCK, Falcated’’ and ‘‘[TEAL, behalf of Canada), 39 Stat. 1702, T.S. Falcated (see DUCK, Falcated)].’’ Other No. 628, as amended; potential ambiguities are treated in (2) Mexico: Convention for the Protec- the same way. tion of Migratory Birds and Game Mammals, February 7, 1936, United ACCENTOR, Siberian, Prunella montanella AKEKEE, Loxops caeruleirostris States-United Mexican States AKEPA, Loxops coccineus (=Mexico), 50 Stat. 1311, T.S. No. 912, as AKIALOA, Greater, Hemignathus ellisianus amended; AKIAPOLAAU, Hemignathus munroi (3) Japan: Convention for the Protec- AKIKIKI, Oreomystis bairdi tion of Migratory Birds and Birds in AKOHEKOHE, Palmeria dolei Danger of Extinction, and Their Envi- ALAUAHIO, Maui, Paroreomyza montana Oahu, Paroreomyza maculata ronment, March 4, 1972, United States- ALBATROSS, Black-browed, Thalassarche Japan, 25 U.S.T. 3329, T.I.A.S. No. 7990; melanophris and Black-footed, Phoebastria nigripes (4) Russia: Convention for the Con- Laysan, Phoebastria immutabilis servation of Migratory Birds and Their Light-mantled, Phoebetria palpebrata Environment, United States-Union of Short-tailed, Phoebastria albatrus Shy, Thalassarche cauta Soviet Socialist Republics (=Russia), Wandering, Diomedea exulans November 26, 1976, 92 Stat. 3110, Yellow-nosed, Thalassarche chlororhynchos T.I.A.S. 9073, 16 U.S.C. 703, 712. ANHINGA, Anhinga anhinga (b) Purpose of this list. The purpose is ANI, Groove-billed, Crotophaga sulcirostris to inform the public of the species pro- Smooth-billed, Crotophaga ani tected by regulations designed to en- AMAKIHI, Hawaii, Hemignathus virens Kauai, Hemignathus kauaiensis force the terms of the MBTA. These Oahu, Hemignathus flavus regulations, found in parts 10, 20, and 21 ANIANIAU, Magumma parva of this chapter, cover most aspects of APAPANE, Himatione sanguinea the taking, possession, transportation, AUKLET, Cassin’s, Ptychoramphus aleuticus 11 VerDate Mar<15>2010 08:54 Nov 05, 2010 Jkt 220221 PO 00000 Frm 00021 Fmt 8010 Sfmt 8010 Y:\SGML\220221.XXX 220221 erowe on DSK5CLS3C1PROD with CFR § 10.13 50 CFR Ch. I (10–1–10 Edition) Crested, Aethia cristatella CATBIRD, Black, Melanoptila glabrirostris Least, Aethia pusilla Gray, Dumetella carolinensis Parakeet, Aethia psittacula CHAFFINCH, Common, Fringilla coelebs Rhinoceros, Cerorhinca monocerata CHAT, Yellow-breasted, Icteria virens Whiskered, Aethia pygmaea CHICKADEE, Black-capped, Poecile AVOCET, American, Recurvirostra americana atricapillus [BARN-OWL, Common (see OWL, Barn)] Boreal, Poecile hudsonica BEAN-GOOSE, Taiga, Anser fabalis Carolina, Poecile carolinensis Tundra, Anser serrirostris Chestnut-backed, Poecile rufescens BEARDLESS-TYRANNULET, Northern, Gray-headed, Poecile cincta Camptostoma imberbe Mexican, Poecile sclateri BECARD, Rose-throated, Pachyramphus Mountain, Poecile gambeli aglaiae CHUCK-WILL’S-WIDOW, Caprimulgus BITTERN, American, Botaurus lentiginosus carolinensis Black, Ixobrychus flavicollis CONDOR, California, Gymnogyps [Chinese (see Yellow)] californianus Least, Ixobrychus exilis COOT, American, Fulica americana Schrenck’s, Ixobrychus eurhythmus Caribbean, Fulica caribaea Yellow, Ixobrychus sinensis Eurasian, Fulica atra BLACK-HAWK, Common, Buteogallus Hawaiian, Fulica alai anthracinus CORMORANT, Brandt’s, Phalacrocorax BLACKBIRD, Brewer’s, Euphagus penicillatus cyanocephalus Double-crested, Phalacrocorax auritus Red-winged, Agelaius phoeniceus Great, Phalacrocorax carbo Rusty, Euphagus carolinus Little Pied, Phalacrocorax melanoleucos Tawny-shouldered, Agelaius humeralis Neotropic, Phalacrocorax brasilianus Tricolored, Agelaius tricolor [Olivaceous (see Neotropic)] Yellow-headed, Xanthocephalus Pelagic, Phalacrocorax pelagicus xanthocephalus Red-faced, Phalacrocorax urile Yellow-shouldered, Agelaius xanthomus COWBIRD, Bronzed, Molothrus aeneus BLUEBIRD, Eastern, Sialia sialis Brown-headed, Molothrus ater Mountain, Sialia currucoides Shiny, Molothrus bonariensis Western, Sialia mexicana CRAKE, Corn, Crex crex BLUETAIL, Red-flanked, Tarsiger cyanurus Paint-billed, Neocrex erythrops BLUETHROAT, Luscinia svecica Spotless, Porzana tabuensis BOBOLINK, Dolichonyx oryzivorus Yellow-breasted, Porzana flaviventer BOOBY, Blue-footed, Sula nebouxii CRANE, Common, Grus grus Brown, Sula leucogaster Sandhill, Grus canadensis Masked, Sula dactylatra Whooping, Grus americana Red-footed, Sula sula CREEPER, Brown, Certhia americana BRAMBLING, Fringilla montifringilla Hawaii, Oreomystis mana BRANT, Branta bernicla CROSSBILL, Red, Loxia curvirostra BUFFLEHEAD, Bucephala albeola White-winged, Loxia leucoptera BULLFINCH, Eurasian, Pyrrhula pyrrhula CROW, American, Corvus brachyrhynchos Puerto Rican, Loxigilla portoricensis Fish, Corvus ossifragus BUNTING, Blue, Cyanocompsa parellina Hawaiian, Corvus hawaiiensis Gray, Emberiza variabilis Mariana, Corvus kubaryi Indigo, Passerina cyanea [Mexican (see Tamaulipas)] Little, Emberiza pusilla Northwestern, Corvus caurinus Lark, Calamospiza melanocorys Tamaulipas, Corvus imparatus Lazuli, Passerina amoena White-necked, Corvus leucognaphalus McKay’s, Plectrophenax hyperboreus CUCKOO, Black-billed, Coccyzus Painted, Passerina ciris erythropthalmus Pallas’s, Emberiza pallasi Common, Cuculus canorus Pine, Emberiza leucocephalos Mangrove, Coccyzus minor Reed, Emberiza schoeniclus Oriental, Cuculus optatus Rustic, Emberiza rustica Yellow-billed, Coccyzus americanus Snow, Plectrophenax nivalis CURLEW, Bristle-thighed, Numenius Varied, Passerina versicolor tahitiensis Yellow-breasted, Emberiza aureola Eskimo, Numenius borealis Yellow-throated, Emberiza elegans Eurasian, Numenius arquata BUSHTIT, Psaltriparus minimus Far Eastern, Numenius madagascariensis CANVASBACK, Aythya valisineria [Least (see Little)] CARACARA, Crested, Caracara cheriway Little, Numenius minutus CARDINAL, Northern, Cardinalis cardinalis Long-billed, Numenius americanus CARIB, Green-throated, Eulampis holosericeus DICKCISSEL, Spiza americana Purple-throated, Eulampis jugularis DIPPER, American, Cinclus mexicanus 12 VerDate Mar<15>2010 08:54 Nov 05, 2010 Jkt 220221 PO 00000 Frm 00022 Fmt 8010 Sfmt 8010 Y:\SGML\220221.XXX 220221 erowe on DSK5CLS3C1PROD with CFR U.S. Fish and Wildlife Serv., Interior § 10.13 DOTTEREL, Eurasian, Charadrius morinellus Dusky-capped, Myiarchus tuberculifer DOVE, Inca, Columbina inca Fork-tailed, Tyrannus savana Mourning, Zenaida macroura Gray, Empidonax wrightii White-tipped, Leptotila verreauxi [Gray-spotted (see Gray-streaked)] White-winged, Zenaida asiatica Gray-streaked, Muscicapa griseisticta Zenaida, Zenaida aurita Great Crested, Myiarchus crinitus DOVEKIE, Alle alle Hammond’s, Empidonax hammondii DOWITCHER, Long-billed, Limnodromus La Sagra’s, Myiarchus sagrae scolopaceus Least, Empidonax minimus Short-billed, Limnodromus griseus Narcissus, Ficedula narcissina DUCK, American Black, Anas rubripes Nutting’s, Myiarchus nuttingi Falcated, Anas falcata Olive-sided, Contopus cooperi Harlequin, Histrionicus histrionicus Pacific-slope, Empidonax difficilis Hawaiian, Anas wyvilliana Piratic, Legatus leucophalus Laysan, Anas laysanensis Puerto Rican, Myiarchus antillarum Long-tailed, Clangula hyemalis Scissor-tailed, Tyrannus forficatus Masked, Nomonyx dominicus Social, Myiozetetes similis Mottled, Anas fulvigula Sulphur-bellied, Myiodynastes luteiventris Muscovy, Cairina
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