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Federal Register / Vol. 60, No. 8 / Thursday, January 12, 1995 / Rules and Regulations 2899

Issued on January 5, 1995. their listing is warranted but precluded submit information that might Ricardo Martinez, by other listing activity. contribute to development of a final Administrator. Subsequently, in a petition dated rule. Cables were sent to United States [FR Doc. 95–751 Filed 1–11–95; 8:45 am] April 30, 1991, and received by the embassies in countries within the ranges Service on May 6, 1991, the ICBP BILLING CODE 4910±59±P of the subject , requesting new requested the addition of another 53 data and the comments of the species of foreign to the List of governments of those countries. None of Endangered and Threatened Wildlife. In DEPARTMENT OF THE INTERIOR the 13 responses opposed the proposal; the Federal Register of December 16, substantive information provided has Fish and Wildlife Service 1991 (56 FR 65207–65208), the Service been added to the following discussion announced the finding that this petition (as ‘‘in litt.’’). There was one request for 50 CFR Part 17 had presented substantial information classifying the dappled mountain robin indicating that the requested action may RIN 1018±AB84 and Van Dam’s as endangered, be warranted. At that same time the rather than threatened as originally Endangered and Threatened Wildlife Service initiated a status review of these proposed. While such a measure will be and Plants; Addition of 30 African 53 birds, with the comment period given future consideration, immediately Birds to List of Endangered and lasting until March 16, 1992. available scientific data suggest that the Section 4(b)(3) of the Endangered Threatened Wildlife threatened category is appropriate. In Species Act of 1973, as amended in contrast, data received on the white- AGENCY: Fish and Wildlife Service, 1982 (Act), requires that, within 12 breasted , originally Interior. months of receipt of a petition to list, proposed as endangered, indicate that a ACTION: Final rule. delist, or reclassify a species, a finding threatened classification may more be made as to whether the requested accurately describe its status, and such SUMMARY: The Service adds 30 kinds of action is warranted, not warranted, or is now applied. birds, found in and on associated warranted but precluded by other listing islands, to the List of Endangered and activity. In the case of the 1991 ICBP Summary of Factors Affecting the Threatened Wildlife. All have restricted petition, available information supports Species distributions and are threatened by listing of all 53 species. With respect to Section 4(a)(1) of the Endangered , human hunting, 15 of these species—those occurring in Species Act (16 U.S.C. 1531 et seq.) and predation by introduced , and Africa and Madagascar and on regulations (50 CFR Part 424) various other factors. All were subjects associated islands of the Atlantic and promulgated to implement the listing of petitions from the International Indian Oceans—an ICBP Red Data Book provisions of the Act set forth the Council for Preservation submitted (Collar and Stuart 1985) provides procedures for adding species to the in 1980 and 1991. This rule implements detailed status data. This same source Federal Lists. A species may be the protection of the Endangered provides data supporting the listing of determined to be endangered or Species Act of 1973, as amended (Act), 13 of the African birds covered by the threatened due to one or more of the for these birds. 1980 ICBP petition, and the Service also possesses sufficient data to support the following five factors described in EFFECTIVE DATE: February 13, 1995. Section 4(a)(1): (A) The present or ADDRESSES: The complete file for this listing of the other 2 African birds. With respect to the other birds included in threatened destruction, modification, or rule is available for public inspection, curtailment of its habitat or range; (B) by appointment, from 8:00 a.m. to 4:00 the two petitions, data are available from several sources, some of which are overutilization for commercial, p.m., Monday through Friday, in Room recreational, scientific, or educational 750, 4401 North Fairfax Drive, unpublished. Compilation of these data is in progress, and a listing proposal purposes; (C) disease or predation; (D) Arlington, Virginia 22203. Comments the inadequacy of existing regulatory may be sent to the Chief, Office of will be completed as soon as allowed by the Service’s other listing mechanisms; and (E) other natural or Scientific Authority; Mail Stop: manmade factors affecting its continued Arlington Square, Room 725; U.S. Fish responsibilities. Considering the above, the Service existence. The application of these and Wildlife Service; Washington, D.C. factors to the 30 African species named 20240. made the finding that the action requested by the ICBP 1980 and 1991 below is shown by the appropriate letter FOR FURTHER INFORMATION CONTACT: Dr. petitions, with respect to the 30 African in parentheses (information from Collar Charles W. Dane, Chief, Office of birds named below in the ‘‘Summary of and Andrew 1988, Collar and Stuart Scientific Authority (phone 703–358– Factors Affecting the Species,’’ is 1985, and Grzimek 1975, unless 1708; FAX 703–358–2276). warranted, and that the action requested otherwise noted). Also indicated is the SUPPLEMENTARY INFORMATION: by the 1991 petition, with respect to the date of the petition covering each 38 remaining species covered therein, is species, the classification given in Background warranted but precluded by other listing pertinent ICBP Red Data Books, and the In a petition of November 24, 1980, to activity. That finding was incorporated U.S. classification that now will apply. the U.S. Fish and Wildlife Service and published together with a proposal Amsterdam (Diomedia (Service), the International Council for in the Federal Register of March 28, amsterdamensis).—1991 petition, ICBP Bird Preservation (ICBP)—now known 1994 (59 FR 14496–14502), to add the endangered, U.S. endangered; a large as Bird Life International—requested the 30 birds named below to the List of sea bird of the family Diomedeidae; addition of 79 kinds of birds to the U.S. Endangered and Threatened Wildlife. known to breed only on Amsterdam List of Endangered and Threatened Island, a French possession in the Wildlife. Of that number, 58 occurred Summary of Comments and southern . Destruction of entirely outside of the United States and Recommendations nesting habitat by fires and introduced its territories. Of those foreign birds, 6 In the proposed rule of March 28, (A) and predation by introduced have now been listed and the rest have 1994, and associated notifications, all and cats (C) have reduced numbers been covered by petition findings that interested parties were requested to drastically. On the average only five 2900 Federal Register / Vol. 60, No. 8 / Thursday, January 12, 1995 / Rules and Regulations pairs were known to breed each year Madagascar sea eagle (Haliaeetus evidently has adapted better to all during the early 1980s. vociferoides).—1980 petition, ICBP habitats except mature (E). Since Thyolo alethe (Alethe choloensis).— endangered, U.S. endangered; a fish- the latter habitat has been largely 1991 petition, ICBP endangered, U.S. hunting species of the family destroyed by human activity, the range endangered; a small, ground-dwelling , related to and somewhat of F. flavicans has been greatly reduced bird of the family Muscicapidae, related smaller than the American bald eagle; (A). In addition, the species is to the Old World robins and thrushes; confined to the rivers, shorelines, and threatened by predation from known only from 13 small patches of offshore islands of the west coast of introduced rats (C) and by the effects of submontane evergreen forest in central to northern Madagascar. Its cyclones (E). southern Malawi and from 2 such areas numbers have dropped sharply since Djibouti francolin (Francolinus in northern Mozambique. Suitable the last century, with only 96 ochropectus).—1991 petition, ICBP habitat already has been largely individuals being counted during the endangered, U.S. endangered; a ground- destroyed through human clearing and mid-1980s. Although reasons for the dwelling, partridgelike bird of the encroachment and remaining sites are at decline are unclear, hunting and nest family ; restricted to risk of destruction (A). About 1,500 destruction by people (B) are thought to highland forest in the country of pairs are estimated to survive. be partly responsible. Djibouti in northeastern Africa. Its Uluguru bush- (Malaconotus Madagascar serpent eagle (Eutriorchis restricted habitat is rapidly being alius).—1980 petition, ICBP rare, U.S. astur).—1980 petition, ICBP destroyed by overgrazing, clearing, and threatened; a small predatory bird of the endangered, U.S. endangered; a raptor other human activity (A). The total family Laniidae, resembling the true of the family Accipitridae, more closely population is thought to have declined in structure but utilizing more related to the harrier hawks than to most from over 5,000 birds in 1978 to fewer densely vegetated habitat and dwelling other eagles; until recently, known only than 1,000 today (Dr. Simon D. Dowell, in the forest canopy; known only from from 11 specimens collected over 50 Chairman, ICBP , and the Uluguru Mountains in central years ago in the eastern of Francolin Specialist Group, in litt.). Madagascar. In 1988 an individual was Alaotra ( Tanzania. Because of its dense forest observed and in 1990 a dead specimen rufolavatus).—1991 petition, ICBP habitat and evident low numbers, this was recovered, both in northeastern endangered, U.S endangered; a small bird has been difficult to locate and Madagascar (Raxworthy and Colston diving bird of the family Podicipedidae; little is known of its status. However, 1992). On January 14, 1994, a live bird known primarily from Lake Alaotra and the lower slopes of the mountains on was captured and released (Peregrine adjacent marshes in northeastern which it lives are being steadily cleared Fund, World Center for Birds of Prey, Madagascar. Human alteration of the and such activity places the species at Press Release of April 6, 1994). Thus, limited habitat of the Alaotra grebe (A), risk (A). the species is known to survive, but it especially the introduction of exotic turtle dove ( is apparently dependent on large tracts fish, resulted in a great increase there of picturata rostrata).—1980 petition, ICBP of undisturbed primary rainforest, and the much more widespread endangered, U.S. endangered; a member such habitat is rapidly being destroyed (Tachybaptus ruficollis) and to of the family , somewhat or adversely modified by human activity extensive hybridization between the two smaller than the domestic pigeon (A). species (E). It appears that the resulting ( domestica) and generally dark (Foudia rubra).—1980 genetic introgression of the Alaotra grayish purple in color (Goodwin 1977); petition, ICBP endangered, U.S. grebe may be irreversible. formerly found throughout Seychelles, endangered; a small weaver of the White-breasted guineafowl ( an island nation off eastern Africa. This family , feeding on , meleagrides).—1991 petition, ICBP subspecies declined through nectar and small fruits; formerly endangered, U.S. threatened; a medium- hybridization with the related and more widespread in the upland forests of the sized ground-dwelling bird of the family adaptable S. p. picturata, which was island of Mauritius, a part of the nation Numididae, related to turkeys and introduced from Madagascar in the mid- of the same name in the Indian Ocean. peacocks; originally occurred 19th century (E). S. p. rostrata had It now is restricted to the southwestern throughout the rainforest zone from become very rare by 1965 and pure part of Mauritius, where perhaps only Sierra Leone to Ghana. This species individuals may have nearly vanished 150 breeding pairs survive. More than evidently is dependent on primary by 1975 (King 1981). However, half of the population had been wiped forest and is unable to survive in the according to Dr. Mike Rands, who out in 1973–1974 during a large-scale dense undergrowth of secondary forest. operates the ICBP Seychelles program, forest clearing project (A). The It has disappeared from most of its and Ms. Alison Stattersfield (letter of remaining birds are subject to intensive range, mainly because of timber November 11, 1993), also of the ICBP nest predation from rats, , and exploitation (A). It also has been and who recently visited Seychelles, the other introduced animals (C). severely affected by human hunting subspecies rostrata does survive and is (Foudia flavicans).— pressure (B). About 50,000 individuals morphologically distinctive, at least on 1980 petition, ICBP endangered, U.S. may survive, but these are concentrated Cousin Island, though some endangered; another small insectivorous at only two restricted sites, Tai National hybridization probably has occurred. weaver of the family Ploceidae; occurs Park in Ivory Coast, with 30,000–40,000, Therefore, even if genetically pure only on the island of Rodrigues, a part and the Gola Forest of Sierra Leone, populations of this turtle dove no longer of Mauritius in the Indian Ocean. with an estimated 7,100 (Dr. Simon D. exist—which itself is not yet known Formerly abundant in a variety of Dowell, Chairman, ICBP Partridge, with certainty—there are groups that habitats on the island, by 1983 only Quail and Francolin Specialist Group, could potentially be salvageable for about 100 individuals survived in in litt.). captive breeding experiments and remnant patches of evergreen forest. The Raso ( razae).—1991 eventual efforts at restoration of a wild main problem appears to be competition petition, ICBP endangered, U.S. population with the predominant with the related Madagascar fody endangered; a of the family original morphological, behavioral, and (Foudia madagascariensis), which was Alauidae, closely related to the common ecological characters of the subspecies. introduced by people and which Old World skylark; known only from Federal Register / Vol. 60, No. 8 / Thursday, January 12, 1995 / Rules and Regulations 2901

Raso, one of the islands in the nation of two on the coast of Senegal in West of Mauritius in the Indian Ocean. It Cape Verde off the west coast of Africa. Africa—were made from 1968 to 1981, seems to have disappeared from This species was once common and and give hope that the species still Rodrigues by the 18th century and to widespread on Raso but declined exists. The species is being included in have become extremely rare on drastically because of a severe drought this rule based on the recent reports and Reunion. Reasons for the decline are not in the 1960s (E). The population may on the reasonable prospect of precisely known, but may involve have fallen to only about 20 individuals rediscovery. Rare and elusive species human hunting (B) and predation by in 1981. Numbers subsequently are routinely found alive after years, introduced rats and cats (C). increased, but the species is potentially decades, or even centuries of presumed Pink pigeon (Columba (=) threatened by climatic fluctuations (E), . Indeed, rediscovery of two of mayeri).—1980 petition, ICBP human settlement (A), and predation by the other birds covered by this endangered, U.S. endangered; a member introduced rats, dogs, and cats (C). proposal—the Madagascar serpent-eagle of the family Columbidae, about the size Approximately 250 breeding pairs are and the Madagascar pochard—was of the domestic pigeon (Columba now present (Cape Verde Wildlife announced while the proposal was domestica), but with shorter and more Agency, in litt.). being drafted. The October 1993 issue of rounded wings and generally pink in ( the journal Oryx contains color (Goodwin 1977); known only from ibadanensis).—1991 petition, ICBP announcements that three species—a southwestern Mauritius in the Indian endangered, U.S. endangered; another bird, a mammal, and a reptile—none of Ocean. This species has declined small weaver of the family Ploceidae, which had been seen for at least 30 because of the clearing of its native about the size of a house sparrow and years, had all been found alive. The U.S. forest habitat by people (A), human with red markings; known only from List of Endangered and Threatened hunting for use as food (B), and southwestern Nigeria. The restricted Wildlife already includes many such predation by introduced rats and range of this species is subject to rediscovered species. Examples are the macaques (C). Remnant populations also intensive forest clearing (A). Although parma wallaby (Macropus parma), became more vulnerable to the effects of considered common when it was first which was thought extinct for 33 years; cyclones and natural food shortages (E). discovered in 1951, it subsequently the dibbler (Antechinus apicalis), which The pink pigeon already was rare by the became very rare and prospects for was thought extinct for 83 years; and the 1830s and currently the single known survival are not favorable. mountain pygmy possum (Burramys wild group contains only about 20 birds. Algerian (Sitta ledanti).— parvus), which was thought to have Larger numbers exist in captivity. 1980 petition, ICBP rare, U.S. disappeared many thousands of years White-tailed laurel pigeon (Columba endangered; a member of the family ago in the Ice Age. junoniae).—1980 petition, ICBP rare, Sittidae, about the size of a house Seychelles lesser vasa U.S. threatened; a large member of the sparrow but with a compact build, a (Coracopsis nigra barklyi).—1980 family Columbidae, closely related to long , and grayish coloration; petition, ICBP endangered, U.S. the common Old World wood pigeon known only from Mount Babor in endangered; a member of the family (Columba palumbus); known only from northern Algeria. Discovered in 1975, Psittacidae, generally dark brown in the , a Spanish this small arboreal species is dependent color and about 25 centimeters (10 possession off northwestern Africa. on forest habitat, including standing inches) long; known only from Praslin, Early reports suggest that this species dead wood for nesting. Such habitat is one of the islands in Seychelles, a may once have occurred throughout the being reduced by lumbering, fire, nation off the east coast of Africa. Canaries, though it is known with grazing of domestic livestock, and Originally common on the island, this certainty only from the western islands removal of dead wood for forestry species declined rapidly in the mid-20th of Tenerife, La Palma, and Gomera. It management (A). About 80 pairs were century as its palm forest habitat was now is relatively common only on parts estimated to survive in 1982. A recent destroyed by human cutting and of La Palma. Elsewhere it has survey found about 20 nests in each of burning (A). The one remaining disappeared or declined in conjunction three different areas (Algerian Agence population was estimated to number with human destruction of the endemic Pour La Protection de la Nature, in litt.). about 30 to 50 individuals in 1965, Canarian laurel forests (A). Some of the Canarian black oystercatcher though it subsequently may have remnant populations appear to be (Haematopus meadewaldoi).—1980 increased to about 100 after efforts were stable, following legal measures to petition, ICBP extinct, U.S. endangered; made to protect it and its remaining protect them and their forest habitat. a shore bird of the family habitat (King 1981, Silva 1989). Madagascar pochard (Aythya Haematopodidae, somewhat like a petrel or freira (Pterodroma innotata).—1991 petition, ICBP but with much stouter bill and legs, madeira).—1991 petition, ICBP endangered, U.S. endangered; a diving generally black ; known with endangered, U.S. endangered; a small of the family ; apparently certainty only from the eastern Canary sea bird of the family confined to freshwater lakes and pools Islands, a Spanish possession off (petrels and shearwaters); known to in the northern central plateau of northwestern Africa. This species seems breed only in the mountains of Madeira, Madagascar. Although still common always to have been uncommon and an island possession of Portugal in the around 1930, this species subsequently there have been no definite records Atlantic Ocean. It has declined because declined drastically because of large- since about 1913, though it was reported of human bird and collectors (B), scale hunting by people (B). It may also regularly in the eastern Canaries until predation by introduced rats (C), and have been adversely affected by the about 1940. It may have disappeared possibly natural climatic changes (E). introduction of exotic fish and because of human disruption of its Only 20 breeding pairs may survive. accidental capture by people netting the limited habitat and harvesting of the Mascarene black petrel (Pterodroma fish (E). It probably is on the brink of mollusks on which it fed (A), and aterrima).—1980 petition, ICBP extinction; there had been no definite because of predation by introduced cats endangered, U.S. endangered; a small records since 1970, but in August 1991 and rats (C). Four apparently genuine sea bird of the family Procellariidae; a specimen was captured alive and reports of black oystercatchers—two on originally found on the islands of placed in the Botanical Garden at Tenerife in the western Canaries and Reunion and Rodrigues, which are parts Antananarivo (Oryx, April 1992, 26:73). 2902 Federal Register / Vol. 60, No. 8 / Thursday, January 12, 1995 / Rules and Regulations

Dappled mountain robin (Arcanator Although still widely distributed, this available scientific information, and of (=Modulatrix) orostruthus).—1980 species has declined and become rare as past, present, and probable future petition, ICBP rare, U.S. threatened; a its forest habitat has been destroyed and threats to these birds. All have suffered thrush of the family Muscicapidae; modified by people (A). substantial losses in habitat and/or occurs in three isolated patches of Van Dam’s vanga ( numbers in recent years and are montane forest, one in northern damii).—1980 petition, ICBP rare, U.S. vulnerable to human exploitation and Mozambique and two in eastern threatened; another member of the disturbance. If conservation measures Tanzania. Much of the rainforest habitat Vangidae; occurs in northwestern are not implemented, further declines on which the species depends has been Madagascar. Because of deforestation are likely to occur, increasing the danger cleared for agricultural purposes (A). this species appears to have become of extinction for these birds. Critical The population in Mozambique has not restricted to a single area of primary habitat is not being determined, as such been recorded since 1932. The other two deciduous forest at Ankarafantsika (A). designation is not applicable to foreign populations may number in the However, that area is currently species. hundreds or low thousands. protected and the bird reportedly is Marungu sunbird (Nectarinia present there in fairly good numbers. Available Conservation Measures prigoginei).—1991 petition, ICBP Aldabra warbler (Nesillas Conservation measures provided to endangered, U.S. endangered; a nectar- aldabranus).—1991 petition, ICBP species listed as endangered or feeding bird of the family Nectarinidae, endangered, U.S. endangered; a small threatened pursuant to the Act include characterized by small size and a long song bird of the family Muscicapidae; recognition and, for those under United bill, somewhat comparable to the restricted to a small part of Aldabra, one States jurisdiction, recovery actions, superficially; known of the islands of Seychelles, a nation off requirements for Federal protection, and only from the Marungu Highlands of the east coast of Africa. The ICBP refers prohibitions against certain practices. southeastern Zaire. The remnant to this warbler as the ‘‘rarest, most Recognition through listing encourages riparian forest on which this species restricted and most highly threatened conservation measures by Federal, probably depends now covers only a species of bird in the world.’’ international, and private agencies, small part of the Marungu Highlands Discovered only in 1967, it seems to groups, and individuals. and is under severe pressure from have been confined to an area of Section 7(a) of the Act, as amended, logging and from the erosion of stream approximately 10 hectares (25 acres) of and as implemented by regulations at 50 banks caused by the overgrazing of coastal vegetation on Aldabra. This CFR Part 402, requires Federal agencies cattle (A). habitat is being destroyed by introduced to evaluate their actions that are to be Taita thrush (Turdus olivaceus goats and rats (A), and the latter also conducted within the United States or helleri).—1991 petition, ICBP prey on nests (C). on the high seas, with respect to any endangered, U.S. endangered; a dark- Banded wattle-eye (Platysteira species that is listed as endangered or colored, ground-dwelling member of the laticincta).—1991 petition, ICBP threatened and with respect to its family Muscicapidae; apparently endangered, U.S. endangered; a small designated critical habitat (if any). confined to highlands in southeastern flycatcher of the family Muscicapidae, Section 7(a)(2) requires Federal agencies Kenya. This subspecies (formerly characterized by pale plumage and a to ensure that activities they authorize, considered the full species Turdus wattle of bare red skin above the eye; fund, or carry out are not likely to helleri) occurs at low density and known only from the Bamenda jeopardize the continued existence of a depends on limited forest habitat. Such Highlands in western Cameroon. listed species or to destroy or adversely areas now have been mostly cleared for Although this species is considered modify its critical habitat. If a proposed agricultural purposes or to obtain reasonably common in the remnant Federal action within the United States firewood (A). The only relatively well- montane forests on which it depends, or on the high seas may affect a listed known population occupies an area of such habitat is being rapidly cleared and species, the responsible Federal agency about 3 square kilometers (1.2 square fragmented as a result of cultivation, must enter into formal consultation with miles) and may contain several hundred overgrazing by domestic livestock, the Service. No such activities are individuals. wood-cutting, and fires (A). An currently known with respect to the Bannerman’s (Tauraco estimated 800–1,200 pairs may survive species covered by this rule. bannermani).—1991 petition, ICBP (Dr. C.R. McKay, Ijim Mountain Forest Section 8(a) of the Act authorizes the endangered, U.S. endangered; a Project, Bamenda, Cameroon, in litt.). provision of limited financial assistance frugivorous parrot of the family Clarke’s weaver ( golandi).— for the development and management of Musophagidae, characterized by a 1991 petition, ICBP endangered, U.S. programs that the Secretary of the generally greenish color and a endangered; a member of the family Interior determines to be necessary or conspicuous crest; known only from the Ploceidae; known only from a small useful for the conservation of Bamenda-Banso Highlands in western forested area between Kilifi Creek and in foreign countries. Cameroon. The montane forest habitat the Sabaki River on the southeastern Sections 8(b) and 8(c) of the Act of this species is being rapidly cleared coast of Kenya. Numbers have been authorize the Secretary to encourage as a result of cultivation, overgrazing by estimated at 1,000 to 2,000 pairs, but are conservation programs for foreign domestic livestock, wood-cutting, and declining because of excessive logging endangered species and to provide fires (A). An estimated 800–1,200 pairs (A). At present rates of destruction, all assistance for such programs in the form may survive (Dr. C. R. McKay, Ijim favorable habitat could be eliminated of personnel and the training of Mountain Forest Project, Bamenda, within about 15 years. Even though a personnel. Cameroon, in litt.). portion of the habitat is legally Section 9 of the Act and Pollen’s vanga (Xenopirostris protected, enforcement has not been implementing regulations found at 50 polleni).—1980 petition, ICBP rare, U.S. effective (D). CFR 17.21 and 17.31 set forth a series threatened; a predatory bird of the The decision to add the above 30 of general prohibitions and exceptions endemic Malagasy family Vangidae, kinds of African birds to the List of that apply to all endangered and somewhat similar to the shrikes; occurs Endangered and Threatened Wildlife threatened wildlife. These prohibitions, in the rainforests of eastern Madagascar. was based on an assessment of the best in part, make it illegal for any person Federal Register / Vol. 60, No. 8 / Thursday, January 12, 1995 / Rules and Regulations 2903 subject to the jurisdiction of the United not be prepared in connection with Author: The primary author of this rule is States to take within the United States regulations adopted pursuant to Section Ronald M. Nowak, U.S. Fish and Wildlife or on the high seas, import or export, 4(a) of the Endangered Species Act, as Service (OSA), Washington, D.C. 20240 ship in interstate commerce in the amended. A notice outlining the (phone 703–358–1708). course of commercial activity, or sell or Service’s reasons for this determination List of Subjects in 50 CFR Part 17 offer for sale in interstate or foreign was published in the Federal Register of commerce any endangered or threatened October 25, 1983 (48 FR 49244). Endangered and , wildlife. It also is illegal to possess, sell, Literature Cited Exports, Imports, Reporting and deliver, transport, or ship any such recordkeeping requirements, wildlife that has been taken in violation Collar, N.J., and P. Andrew. 1988. Birds to Transportation. of the Act. Certain exceptions apply to watch. International Council for Bird agents of the Service and State Preservation Technical Publication, no. Regulations Promulgation conservation agencies. 8. Permits may be issued to carry out Collar, N.J., and S.N. Stuart. 1985. Accordingly, part 17, subchapter B of Threatened birds of Africa and related chapter I, title 50 of the Code of Federal otherwise prohibited activities islands. The ICBP/IUCN red data book, involving endangered and threatened Regulations, is hereby amended as set Part 1. International Council for Bird forth below: wildlife under certain circumstances. Preservation, Cambridge, U.K. Regulations governing permits are Goodwin, D. 1977. Pigeons and doves of the PART 17Ð[AMENDED] codified at 50 CFR 17.22, 17.23, and world. British Museum (Natural History), 17.32. Such permits are available for London. 1. The authority citation for part 17 scientific purposes, to enhance Grzimek, B., ed. 1975. Grzimek’s life continues to read as follows: propagation or survival, or for encyclopedia. Van Nostrand Reinhold incidental take in connection with Co., New York, volumes 7, 8, and 9. Authority: 16 U.S.C. 1361–1407; 16 U.S.C. otherwise lawful activities. For King, W.B. 1981. Endangered birds of the 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– threatened species, there also are world. The ICBP bird red data book. 625, 100 Stat. 3500; unless otherwise noted. permits available for zoological Smithsonian Institution Press, exhibition, educational purposes, or Washington, D.C. 2. Amend § 17.11(h) by adding the Raxworthy, C.J., and P.R. Colston. 1992. following, in alphabetical under special purposes consistent with the Conclusive evidence for the continuing purposes of the Act. BIRDS, to the List of Endangered and existence of the Madagascar serpent- Threatened Wildlife: National Environmental Policy Act eagle Eutriorchis astur. Bulletin of the British Ornithological Club 112(2):108– § 17.11 Endangered and threatened The Service has determined that an 111. wildlife. Environmental Assessment, as defined Silva, T. 1989. A monograph of endangered under the authority of the National . Silvio Mattacchione and Co., * * * * * Environmental Policy Act of 1969, need Pickering, Ontario. (h) * * *

Species Vertebrate popu- lation where en- Critical Special Historic range dangered or threat- Status When listed habitat rules Common name Scientific name ened

******* BIRDS

******* Albatross, Amster- Diomedia Indian OceanÐAm- Entire ...... E 571 NA NA dam. amsterdamensis. sterdam Island.

******* Alethe, Thyolo Alethe choloensis ... Malawi, Mozam- Entire ...... E 571 NA NA (thrush). bique.

******* Bush-shrike, Uluguru Malaconotus alius .. Tanzania ...... Entire ...... T 571 NA NA

******* Dove, Seychelles Streptopelia Indian OceanÐ Entire ...... E 571 NA NA turtle. picturata rostrata. Seychelles.

******* Eagle, Madagascar Haliaeetus Madagascar ...... Entire ...... E 571 NA NA sea. vociferoides.

******* Eagle, Madagascar Eutriorchis astur ..... Madagsacar ...... Entire ...... E 571 NA NA serpent.

******* Fody, Mauritis ...... Foudia rubra ...... Indian OceanÐ Entire ...... E 571 NA NA Mauritius. 2904 Federal Register / Vol. 60, No. 8 / Thursday, January 12, 1995 / Rules and Regulations

Species Vertebrate popu- lation where en- Critical Special Historic range dangered or threat- Status When listed habitat rules Common name Scientific name ened

******* Fody, Rodrigues ...... Foudia flavicans ..... Indian OceanÐ Entire ...... E 571 NA NA Mauritius (Rodrigues Is- land).

******* Francolin, Djibouti ... Francolinus Djibouti ...... Entire ...... E 571 NA NA ochropectus.

******* Grebe, Alaotra ...... Tachybaptus Madagascar ...... Entire ...... E 571 NA NA rufoflavatus.

******* Guineafowl, white- Agelastes West Africa ...... Entire ...... T 571 NA NA breasted. meleagrides.

******* Lark, Raso ...... Alauda razae ...... Atlantic OceanÐ Entire ...... E 571 NA NA Cape Verde (Raso Island).

******* Malimbe, Ibadan Malimbus Nigeria ...... Entire ...... E 571 NA NA (weaver ). ibadanensis.

******* Nuthatch, Algerian ... Sitta ledanti ...... Algeria ...... Entire ...... E 571 NA NA

******* Oystercatcher, Haematopus Atlantic OceanÐCa- Entire ...... E 571 NA NA Canarian black. meadewaldoi. nary Islands.

******* Parrot, Seychelles Coracopsis nigra Indian OceanÐ Entire ...... E 571 NA NA lesser vasa. barklyi. Seychelles (Praslin Island).

******* Petrel, Madeira Pterodroma madeira Atlantic OceanÐ Entire ...... E 571 NA NA (=freira). Madeira Island.

******* Petrel, Mascarene Pterodroma Indian OceanÐ Entire ...... E 571 NA NA black. aterrima. Mauritius (Re- union Island).

******* Pigeon, pink ...... Columba Indian OceanÐ Entire ...... E 571 NA NA (=Nesoenas) Mauritius. mayeri.

******* Pigeon, White-tailed Columba junoniae .. Atlantic OceanÐCa- Entire ...... T 571 NA NA laurel. nary Islands.

******* Pochard, Madagas- Aythya innotata ...... Madagascar ...... Entire ...... E 571 NA NA car.

******* Robin, dappled Arcanator Mozambique, Tan- Entire ...... T 571 NA NA mountain. (=Modulatrix) zania. orostruthus.

******* Sunbird, Marungu .... Nectarinia prigoginei Zaire ...... Entire ...... E 571 NA NA Federal Register / Vol. 60, No. 8 / Thursday, January 12, 1995 / Rules and Regulations 2905

Species Vertebrate popu- lation where en- Critical Special Historic range dangered or threat- Status When listed habitat rules Common name Scientific name ened

******* Thrush, Taita ...... Turdus olivaceus Kenya ...... Entire ...... E 571 NA NA helleri.

******* Turaco, Tauraco Cameroon ...... Entire ...... E 571 NA NA Bannerman's. bannermani.

******* Vanga, Pollen's ...... Xenopirostris polleni Madagascar ...... Entire ...... T 571 NA NA

******* Vanga, Van Dam's .. Xenopirostris damii . Madagascar ...... Entire ...... T 571 NA NA

******* Warbler (Old World), Nesillas aldabranus Indian OceanÐ Entire ...... E 571 NA NA Aldabra. Seychelles (Aldabra Island).

******* Wattle-eye, banded . Platysteira laticincta Cameroon ...... Entire ...... E 571 NA NA

******* Weaver, Clarke's ..... Ploceus golandi ...... Kenya ...... Entire ...... E 571 NA NA

*******

Dated: December 12, 1994. regulations require annual specification notification of quota transfer. This Mollie H. Beattie, of a commercial quota that is action revises the quotas for the Director, Fish and Wildlife Service. apportioned among the coastal states calendar year 1994. from North Carolina through Maine. The [FR Doc. 95–832 Filed 1–11–95; 8:45 am] Classification BILLING CODE 4310±55±P process used to set the annual commercial quota, adjust for overages, This action is taken under 50 CFR and the percent allocated to each state part 625 and is exempt from review under E.O. 12866. DEPARTMENT OF COMMERCE is described in § 625.20. Transfers of commercial quota are Authority: 16 U.S.C. 1801 et seq. National Oceanic and Atmospheric authorized under Amendment 5 to the Dated: January 6, 1995. FMP (58 FR 65936, December 17, 1993) Administration David S. Crestin, which allows two or more states, under 50 CFR Part 625 mutual agreement and with the Acting Director, Office of Fisheries Conservation and Management, National [I.D. 010395A] concurrence of the Director, Northeast Marine Fisheries Service. Region, NMFS, (Regional Director) to [FR Doc. 94–796 Filed 1–11–94; 8:45 am] Summer Flounder Fishery transfer or combine summer flounder commercial quota. The Regional BILLING CODE 3510±22±F AGENCY: National Marine Fisheries Director is required to consider the Service (NMFS), National Oceanic and criteria set forth in § 625.20(f)(1) in the 50 CFR Parts 672 and 675 Atmospheric Administration, (NOAA), evaluation of requests for quota transfers Commerce. or combinations. [Docket No. 900833±1095; I.D. 010395B] ACTION: Notification of commercial The Regional Director is further quota transfer. required to publish notification in the Groundfish of the Gulf of Alaska; Federal Register advising a state, and Groundfish Fishery of the Bering Sea SUMMARY: NMFS announces that the notifying Federal vessel permit and and Aleutian Islands Area; Bycatch State of Maryland is transferring 50,000 dealer permit holders, that effective Rate Standards for the First Half of lb (22,680 kg) of commercial summer upon a specific date, a portion of a 1995 flounder quota to the State of New York. state’s commercial quota has been AGENCY: National Marine Fisheries NMFS announces the adjustment of transferred to or combined with the these states’ quotas. Service (NMFS), National Oceanic and commercial quota of another state. Atmospheric Administration (NOAA), EFFECTIVE DATE: December 30, 1994. The States of Maryland and New York Commerce. FOR FURTHER INFORMATION CONTACT: have mutually agreed to transfer 50,000 ACTION: Pacific halibut and red king crab Hannah Goodale, 508–281–9101. lb (22,680 kg) of 1994 commercial quota bycatch rate standards; request for SUPPLEMENTARY INFORMATION: from Maryland to New York, and the comments. Regulations implementing Amendment Regional Director has concurred. 2 to the Fishery Management Plan for The Regional Director has determined SUMMARY: NMFS announces Pacific the Summer Flounder Fishery (FMP) are that the criteria set forth in § 625.20(f) halibut and red king crab bycatch rate found at 50 CFR part 625. The have been met, and publishes this standards for the first half of 1995.