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Department of the Interior Fish and Wildlife Service Thursday, August 24, 2006 Part III Department of the Interior Fish and Wildlife Service 50 CFR Part 10 General Provisions; Revised List of Migratory Birds; Proposed Rule VerDate Aug<31>2005 17:46 Aug 23, 2006 Jkt 208001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\24AUP2.SGM 24AUP2 rwilkins on PROD1PC63 with PROPOSAL_2 50194 Federal Register / Vol. 71, No. 164 / Thursday, August 24, 2006 / Proposed Rules DEPARTMENT OF THE INTERIOR 712), and the Fish and Wildlife Act of conform with accepted usage; (9) change 1956 (16 U.S.C. 742a–j). The MBTA the scientific names of 64 species to Fish and Wildlife Service implements treaties between the United conform with accepted usage; (10) States and four neighboring countries change the common and scientific 50 CFR Part 10 for the protection of migratory birds, as names of 7 species to conform with RIN 1018–AB72 follows: accepted usage; (11) change the (1) Canada: Convention for the scientific names of 4 species in the General Provisions; Revised List of Protection of Migratory Birds, August alphabetical list to conform with Migratory Birds 16, 1916, United States-Great Britain (on accepted usage and to correct behalf of Canada), 39 Stat. 1702, T.S. inconsistencies between the AGENCY: Fish and Wildlife Service, No. 628; alphabetical and taxonomic lists; (12) Interior. (2) Mexico: Convention for the correct errors in the common (English) ACTION: Proposed rule. Protection of Migratory Birds and Game name of 2 species; (13) correct errors in Mammals, February 7, 1936, United the scientific names of 3 species in the SUMMARY: We, the U.S. Fish and States-United Mexican States (=Mexico), taxonomic list; and (14) change the Wildlife Service, propose to revise the 50 Stat. 1311, T.S. No. 912; status of 1 taxon from protected List of Migratory Birds by adding (3) Japan: Convention for the subspecies to non-protected species numerous species and removing Protection of Migratory Birds and Birds (due to lack of natural occurrence in the numerous species. Reasons for the in Danger of Extinction, and Their United States or its territories). In proposed changes to the list include Environment, March 4, 1972, United accordance with the Migratory Bird correcting previous mistakes including States-Japan, 25 U.S.T. 3329, T.I.A.S. Treaty Reform Act of 2004 (Pub. L. 108– misspellings, adding species based on No. 7990; and 447) (MBTRA), we also reaffirm our new evidence of occurrence in the (4) Russia: Convention for the determination of March 15, 2005 (70 FR United States or U.S. territories, Conservation of Migratory Birds and 12710), that the mute swan (Cygnus removing species no longer known to Their Environment, United States- olor), which was never formally listed occur within the United States, and Union of Soviet Socialist Republics in 50 CFR 10.13 but was treated as changing names based on new (=Russia), November 26, 1976, 92 Stat. protected by the MBTA since December taxonomy. The net increase of 140 3110, T.I.A.S. 9073. 28, 2001, as the result of a court order species (152 added and 12 removed) What Is the Purpose of This (Hill v. Norton, 275 F.3d 98 (D.C. Cir. brings to 972 the total number of species Rulemaking? 2001)), is no longer afforded protection protected by the Migratory Bird Treaty because it is nonnative and human- Act (MBTA). We regulate most aspects Our purpose is to inform the public of introduced. See Fund for Animals v. of the taking, possession, transportation, the species protected by regulations Norton, 374 F. Supp. 2d 91 (D.D.C. sale, purchase, barter, exportation, and implementing the MBTA. These 2005) (denying injunction because of importation of migratory birds. An regulations are found in Title 50, Code the clear language of the MBTRA), accurate and up-to-date list of species of Federal Regulations (CFR), Parts 10, appeal pending. protected by the MBTA is essential for 20, and 21. We regulate most aspects of The List of Migratory Birds (50 CFR regulatory purposes. the taking, possession, transportation, 10.13) was last revised on April 5, 1985 DATES: Submit comments on or before sale, purchase, barter, exportation, and (50 FR 13710). In a proposed rule October 23, 2006. importation of migratory birds. An published May 9, 1995 (60 FR 24686), accurate and up-to-date list of species we suggested updating the List of ADDRESSES: Submit your comments on protected by the MBTA is essential for Migratory Birds by adding 20 species, this proposal in one of the following regulatory purposes. removing 1 species, and revising the ways: common (English) or scientific names of (1) By postal mail to Chief, Division Why Is This Amendment to the List of 23 previously listed species to conform of Migratory Bird Management, U.S. Migratory Birds Necessary? to the most recent nomenclature. The Fish and Wildlife Service, 4401 North The proposed amendment is needed proposed amendments were Fairfax Drive, Mail Stop 4107, to: (1) Add 2 species covered by the necessitated by five published Arlington, VA 22203. Japanese and Russian treaties that were supplements to the 6th (1983) edition of (2) By hand-delivery to U.S. Fish and mistakenly omitted from previous lists; the American Ornithologists’ Union’s Wildlife Service, Division of Migratory (2) add 26 species of accidental or (AOU’s) Check-list of North American Bird Management, 4501 North Fairfax casual occurrence documented prior to birds. Knowing that additional Drive, Room 4000, Arlington, VA 22203. April 1985, but not included in prior amendments would be necessary You can also examine materials lists; (3) add 60 species based on new following the anticipated publication of available for public inspection at this distributional records documenting a 7th edition of the Check-list, we address; their occurrence in the United States elected to delay publication of a final (3) By fax to (703) 358–2272; or since April 1985; (4) add 27 species that rule until after the appearance of the (4) By e-mail to [email protected]. occur naturally in the United States revised Check-list. The 1995 proposed FOR FURTHER INFORMATION CONTACT: John only in the Pacific island territories of rule generated just two public L. Trapp, (703) 358–1714. American Samoa, Baker and Howland comments, from the American SUPPLEMENTARY INFORMATION: Islands, Guam, or the Northern Mariana Ornithologists’ Union and the Islands; (5) add 37 species newly Association of Scientific Collections. What Statutory Authority Does the recognized as a result of taxonomic The comments of those organizations, Service Have for This Rulemaking? changes; (6) remove 11 species not mostly editorial in nature, are reflected We have statutory authority and known to occur within the boundaries in this document, as appropriate. responsibility for enforcing the of the United States; (7) remove 1 Following publication of the 7th Migratory Bird Treaty Act (MBTA) (16 species that is now treated as a edition of the Check-list in July 1998, U.S.C. 703–711), the Fish and Wildlife subspecies; (8) change the common administrative workloads and staff Improvement Act of 1978 (16 U.S.C. (English) names of 47 species to shortages prevented work on a final rule VerDate Aug<31>2005 17:46 Aug 23, 2006 Jkt 208001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\24AUP2.SGM 24AUP2 rwilkins on PROD1PC63 with PROPOSAL_2 Federal Register / Vol. 71, No. 164 / Thursday, August 24, 2006 / Proposed Rules 50195 until September 2000. A followup What Criteria Are Used To Identify Aethia psittacula (Parakeet Auklet) is proposed rule was deemed necessary Individual Species Protected by the listed as Cyclorrhynchus psittacula because of the 5-year delay since MBTA? (R); publication of the initial proposed rule, A species qualifies for protection Anas americana (American Wigeon) is and the many new changes necessitated under the MBTA by meeting one or listed as Mareca americana (J); by the 7th edition of the Check-list. In more of the following four criteria: Anas clypeata (Northern Shoveler) is a second proposed rule published (1) It (a) Belongs to a family or group listed as Spatula clypeata (J); Anas penelope (Eurasian Wigeon) is October 12, 2001 (66 FR 52282), we of species named in the Canadian convention of 1916, as amended in listed as Mareca penelope (J); suggested adding 30 species, removing 1 Anous minutus (Black Noddy) is listed species, and revising the common 1996; (b) specimens, photographs, videotape recordings, or audiotape as Anous tenuirostris (J); (English) or scientific names of 78 Anthus rubescens (American Pipit) is recordings provide convincing evidence previously listed species to conform to listed as Anthus spinoletta (J & R); accepted usage. of natural occurrence in the United Branta bernicla (Brant) incorporates States or its territories; and (c) the Of the 116 letters received on the Branta nigricans (R); documentation of such records has been Calidris alba (Sanderling) is listed as proposed rule of October 12, 2001, 109 recognized by the AOU or other dealt solely with the presumed Crocethia alba (J); competent scientific authorities. Calidris subminuta (Long-toed Stint) is protective status of the mute swan (2) It (a) Belongs to a family of group listed as part of Calidris minutilla (J); (Cygnus olor) under the MBTA. Of the of species named in the Mexican Carduelis flammea (Common Redpoll) is remaining seven letters, three provided convention of 1936, as amended in listed as Acanthis flammea (J); comments of a general nature (including 1972; (b) specimens, photographs, Carduelis hornemanni (Hoary Redpoll) recommendations for adding or deleting videotape recordings, or audiotape is included as part of Carduelis certain species); two expressed general recordings provide convincing evidence flammea (J), and is listed as Acanthis support without offering specific of natural occurrence in the United hornemanni (R); comments; one questioned the legality States or its territories; and (c) the Charadrius morinellus (Eurasian of extending MBTA protection to documentation of such records has been Dotterel) is listed as Eudromias species that do not cross State or recognized by the AOU or other morinellus (J & R); international boundaries; and one competent scientific authorities.
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