Vol. 76 Tuesday, No. 80 April 26, 2011 Part III Department of the Interior Fish and Wildlife Service 50 CFR Parts 10 and 21 General Provisions; Revised List of Migratory Birds; Proposed Rule VerDate Mar<15>2010 16:50 Apr 25, 2011 Jkt 223001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\26APP3.SGM 26APP3 jlentini on DSKJ8SOYB1PROD with PROPOSALS3 23428 Federal Register / Vol. 76, No. 80 / Tuesday, April 26, 2011 / Proposed Rules DEPARTMENT OF THE INTERIOR Background newly recognized as a result of recent taxonomic changes; (7) remove four What statutory authority does the Fish and Wildlife Service species not known to occur within the service have for this rulemaking? boundaries of the United States or its 50 CFR Parts 10 and 21 We have statutory authority and territories as a result of recent responsibility for enforcing the [Docket No. FWS–R9–MB–2010–0088; taxonomic changes; (8) change the 91200–1231–9BPP] Migratory Bird Treaty Act (MBTA) (16 common (English) names of nine U.S.C. 703–712), the Fish and Wildlife species to conform with accepted use; RIN 1018–AX48 Improvement Act of 1978 (16 U.S.C. and (9) change the scientific names of 742l), and the Fish and Wildlife Act of 36 species to conform to accepted use. General Provisions; Revised List of 1956 (16 U.S.C. 742a–j). The MBTA Migratory Birds The List of Migratory Birds (50 CFR implements Conventions between the 10.13) was last revised on March 1, 2010 AGENCY: Fish and Wildlife Service, United States and four neighboring (75 FR 9282). These amendments were Interior. countries for the protection of migratory necessitated by three published ACTION: Proposed rule. birds, as follows: supplements to the 7th (1998) edition of (1) Canada: Convention between the the American Ornithologists’ Union’s SUMMARY: We, the U.S. Fish and United States and Great Britain [on (AOU’s) Check-list of North American Wildlife Service, propose to revise the behalf of Canada] for the Protection of Birds (AOU 2008, AOU 2009, and AOU List of Migratory Birds by both adding Migratory Birds, August 16, 1916, 39 2010). and removing species. Reasons for the Stat. 1702 (T.S. No. 628); In addition, we propose to correct the (2) Mexico: Convention between the changes to the list include adding legal authorities citations at 50 CFR United States and Mexico for the species based on new taxonomy and 10.13(a). new evidence of occurrence in the Protection of Migratory Birds and Game We also would make a small change United States or U.S. territories, Mammals, February 7, 1936, 50 Stat. to a definition in 50 CFR 21.3. We removing species no longer known to 1311 (T.S. No. 912); propose to update the definition of occur within the United States, and (3) Japan: Convention between the ‘‘raptor’’ to also include the order changing names to conform to accepted Government of the United States of Accipitriformes to correspond to the use. The net increase of 19 species (23 America and the Government of Japan proposed changes in the List of added and 4 removed) brings the total for the Protection of Migratory Birds and Migratory Birds. number of species protected by the Birds in Danger of Extinction, and Their Migratory Bird Treaty Act (MBTA) to Environment, March 4, 1972, 25 U.S.T. What scientific authorities are used to 1,026. We regulate most aspects of the 3329 (T.I.A.S. No. 7990); and amend the list of migratory birds? (4) Russia: Convention between the taking, possession, transportation, sale, Although bird names (common and purchase, barter, exportation, and United States of America and the Union of Soviet Socialist Republics Concerning scientific) are relatively stable, staying importation of migratory birds. An current with standardized use is accurate and up-to-date list of species the Conservation of Migratory Birds and Their Environment (Russia), November necessary to avoid confusion in protected by the MBTA is essential for communications. In making our public notification and regulatory 19, 1976, 29 U.S.T. 4647 (T.I.A.S. No. 9073). determinations, we primarily relied on purposes. the American Ornithologists’ Union’s DATES: To ensure consideration of your What is the purpose of this rulemaking? Check-list of North American Birds comments, they must be received or Our purpose is to inform the public of (AOU 1998), as amended (AOU 1999, postmarked on or before July 25, 2011. the species protected by the MBTA and 2000, 2002, 2003, 2004, 2005, 2006, ADDRESSES: You may submit comments its implementing regulations. These 2007, 2008, 2009, and 2010), on matters by either one of the following methods: regulations are found in Title 50, Code of taxonomy, nomenclature, and the • Federal eRulemaking Portal: http:// of Federal Regulations (CFR), Parts 10, sequence of species and other higher www.regulations.gov. Follow the 20, and 21. We regulate most aspects of taxonomic categories (orders, families, instructions for submitting comments the taking, possession, transportation, subfamilies) for species that occur in on Docket No. FWS–R9–MB–2010– sale, purchase, barter, exportation, and North America. The AOU Checklist 0088. contains all bird species that have • importation of migratory birds. An U.S. Mail or hand delivery: Public accurate and up-to-date list of species occurred in North America from the Comments Processing, Attn: FWS–R9– protected by the MBTA is essential for Arctic through Panama, including the MB–2010–0088; Division of Policy and regulatory purposes. West Indies and the Hawaiian Islands, Directives Management; U.S. Fish and and includes distributional information Wildlife Service; 4401 North Fairfax Why is this amendment of the list of for each species, which specifies Drive, Suite 222; Arlington, VA 22203– migratory birds necessary? whether the species is known to occur 1610. The amendment is needed to: (1) Add in the United States. For the 39 species We will not accept e-mail or faxes. We five species previously overlooked from that occur outside the geographic area will post all comments on http:// a family protected under the MBTA; (2) covered by the Check-list (28 that occur www.regulations.gov. This generally correct the spelling of five species on in the Pacific island territories and 11 means that we will post any personal the alphabetized list; (3) correct the listed in the Japanese and/or Russian information that you provide. See the spelling of two species on the conventions that have not occurred in Public Comments section below for taxonomic list; (4) add 11 species based the AOU area), we relied primarily on more information. on new distributional records Clements (2007). Although we primarily FOR FURTHER INFORMATION CONTACT: documenting their natural occurrence in rely on the above checklists, when Terry Doyle, Wildlife Biologist, Division the United States since April 2007; (5) informed taxonomic opinion is of Migratory Bird Management, 703– add one species from a family now inconsistent or controversial, we 358–1799. protected under the MBTA as a result of evaluate available published and SUPPLEMENTARY INFORMATION: taxonomic changes; (6) add six species unpublished information and come to VerDate Mar<15>2010 16:50 Apr 25, 2011 Jkt 223001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\26APP3.SGM 26APP3 jlentini on DSKJ8SOYB1PROD with PROPOSALS3 Federal Register / Vol. 76, No. 80 / Tuesday, April 26, 2011 / Proposed Rules 23429 our own conclusion regarding the Fregatidae (frigatebirds), Sulidae Nesofregata fuliginosa (Polynesian validity of taxa. (boobys), Phalacrocoracidae Storm-Petrel), becomes Nesofregetta (cormorants), and Anhingidae fuliginosa; What criteria are used to identify (anhingas). In addition, the Order Thalleseus maximus (Royal Tern), individual species protected by the Accipitriformes was split from the becomes Thalasseus maximus; MBTA? Falconiformes and now include the Thalleseus sandvicensis (Sandwich A species qualifies for protection Families Cathartidae (vultures), Tern), becomes Thalasseus under the MBTA by meeting one or Pandionidae (Osprey), and Accipitridae sandvicensis; more of the following four criteria: (hawks and eagles). At the Family level, Phylloscopus siilatrix (Wood (1) It is covered by the Canadian the Ardeidae (herons and egrets) and Warbler), becomes Phylloscopus Convention of 1916, as amended in Threskiornithidae (ibis and spoonbills) sibilatrix; and 1996, by virtue of meeting the following were moved from the Ciconiiformes to Locustella lanceoloata (Lanceolated three criteria: (a) It belongs to a family the Pelecaniformes Order, the Warbler), becomes Locustella or group of species named in the Pandionidae (Osprey) were separated lanceolata. Canadian Convention, as amended; (b) from the Accipitridae (hawks and (3) Correct the spelling of two specimens, photographs, videotape eagles), and the Stercorariidae (jaegers scientific names on the taxonomic list: recordings, or audiotape recordings and skuas) were separated from the Nesofregetta fuiginosa (Polynesian provide convincing evidence of natural Laridae (gulls, terns, and skimmers). Storm-Petrel), becomes Nesofregetta occurrence in the United States or its The Polioptilidae (gnatcatchers), fuliginosa; and territories; and (c) the documentation of Phylloscopidae (Phylloscopus warblers), Tiaris olivacea (Yellow-faced such records has been recognized by the Acrocephalidae (Acrocephalus Grassquit), becomes Tiaris olivaceus. AOU or other competent scientific warblers), and Megaluridae (Locustella (4) Add 11 species based on review authorities. warblers) were separated from the and acceptance by