61288 Federal Register / Vol. 83, No. 229 / Wednesday, November 28, 2018 / Proposed Rules DEPARTMENT OF THE INTERIOR MS: BPHC, 5275 Leesburg Pike, Falls What is the purpose of this rulemaking? Church, VA 22041–3803. Our purpose is to inform the public of Fish and Wildlife Service We request that you send comments the species protected by the MBTA and only by the methods described above. its implementing regulations. These 50 CFR Part 10 We will post all comments on http:// regulations are found in Title 50, Code www.regulations.gov. This generally [Docket No. FWS–HQ–MB–2018–0047; of Federal Regulations (CFR), parts 10, FXMB 12320900000//189//FF09M29000] means that we will post any personal 20, and 21. We regulate the taking, information you provide us (see Public possession, transportation, sale, RIN 1018–BC67 Comments, below, for more purchase, barter, exportation, and information). importation of migratory birds. An General Provisions; Revised List of FOR FURTHER INFORMATION CONTACT: accurate and up-to-date list of species Migratory Birds Eric L. Kershner, Chief of the Branch of protected by the MBTA is essential for AGENCY: Fish and Wildlife Service, Conservation, Permits, and Regulations; notifying the public of regulatory Interior. Division of Migratory Bird Management; protections. ACTION: Proposed rule. U.S. Fish and Wildlife Service; MS: MB; Why is the amendment of the list of 5275 Leesburg Pike, Falls Church, VA migratory birds necessary? SUMMARY: We, the U.S. Fish and 22041–3803; (703) 358–2376. The amendments we are proposing Wildlife Service (Service), propose to SUPPLEMENTARY INFORMATION: revise the List of Migratory Birds are needed to: protected by the Migratory Bird Treaty What statutory authority does the (1) Add 17 species that qualify for Act (MBTA) by both adding and service have for this rulemaking? protection under the MBTA; (2) Correct the spelling of 3 species removing species. Reasons for the We have statutory authority and changes to the list include adding names on the alphabetized list; responsibility for enforcing the MBTA (3) Correct the spelling of 3 species species based on new taxonomy and (16 U.S.C. 703–712), the Fish and new evidence of natural occurrence in names on the taxonomic list; Wildlife Improvement Act of 1978 (16 (4) Add 22 species based on new the United States or U.S. territories, U.S.C. 742l), and the Fish and Wildlife removing species no longer known to distributional records documenting Act of 1956 (16 U.S.C. 742a–j). The their natural occurrence in the United occur within the United States or U.S. MBTA implements Conventions territories, and changing names to States or U.S. territories since 2010; between the United States and four (5) Add one species moved from a conform to accepted use. The net neighboring countries for the protection increase of 59 species (66 added and 7 family that was not protected to a family of migratory birds, as follows: now protected under the MBTA as a removed) would bring the total number (1) Canada: Convention between the of species protected by the MBTA to result of taxonomic changes; United States and Great Britain [on (6) Add 26 species newly recognized 1,085. We regulate the taking, behalf of Canada] for the Protection of possession, transportation, sale, as a result of recent taxonomic changes; Migratory Birds, August 16, 1916, 39 (7) Remove 7 species not known to purchase, barter, exportation, and Stat. 1702 (T.S. No. 628), as amended by importation of migratory birds. An occur within the boundaries of the Protocol between the Government of the United States or U.S. territories as a accurate and up-to-date list of species United States and the Government of protected by the MBTA is essential for result of recent taxonomic changes; Canada Amending the 1916 Convention (8) Change the common (English) public notification and regulatory between the United Kingdom and the purposes. names of 40 species to conform to United States of America for the accepted use; and DATES: We will accept comments Protection of Migratory Birds, Sen. (9) Change the scientific names of 114 received or postmarked on or before Treaty Doc. 104–28 (December 14, species to conform to accepted use. January 28, 2019. Comments submitted 1995); The List of Migratory Birds (50 CFR electronically using the Federal (2) Mexico: Convention between the 10.13) was last revised on November 1, eRulemaking Portal (see ADDRESSES, United States and Mexico for the 2013 (78 FR 65844). The amendments below) must be received by 11:59 p.m. Protection of Migratory Birds and Game proposed in this rule were necessitated Eastern Time on the closing date. Mammals, February 7, 1936, 50 Stat. by eight published supplements to the ADDRESSES: You may submit comments 1311 (T.S. No. 912), as amended by 7th (1998) edition of the American by one of the following methods: Protocol with Mexico amending Ornithologists’ Union (AOU, now (1) Electronically: Go to the Federal Convention for Protection of Migratory recognized as American Ornithological eRulemaking Portal: http:// Birds and Game Mammals, Sen. Treaty Society (AOS)) Check-list of North www.regulations.gov. In the Search box, Doc. 105–26 (May 5, 1997); American Birds (AOU 2011, AOU 2012, enter FWS–HQ–MB–2018–0047, which (3) Japan: Convention between the AOU 2013, AOU 2014, AOU 2015, AOU is the docket number for this Government of the United States of 2016, AOS 2017, and AOS 2018) and rulemaking. Then, click on the Search America and the Government of Japan the 2017 publication of the Clements button. On the resulting page, in the for the Protection of Migratory Birds and Checklist of Birds of the World Search panel on the left side of the Birds in Danger of Extinction, and Their (Clements et al. 2017). screen, under the Document Type Environment, March 4, 1972, 25 U.S.T. heading, click on the Proposed Rule box 3329 (T.I.A.S. No. 7990); and What scientific authorities are used to to locate this document. You may (4) Russia: Convention between the amend the list of migratory birds? submit a comment by clicking on United States of America and the Union Although bird names (common and ‘‘Comment Now!’’ of Soviet Socialist Republics Concerning scientific) are relatively stable, staying (2) By hard copy: Submit by U.S. mail the Conservation of Migratory Birds and current with standardized use is or hand-delivery to: Public Comments Their Environment (Russia), November necessary to avoid confusion in Processing, Attn: FWS–HQ–MB–2018– 19, 1976, 29 U.S.T. 4647 (T.I.A.S. No. communications. In making our 0047, U.S. Fish and Wildlife Service, 9073). determinations, we primarily relied on VerDate Sep<11>2014 17:18 Nov 27, 2018 Jkt 247001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\28NOP2.SGM 28NOP2 Federal Register / Vol. 83, No. 229 / Wednesday, November 28, 2018 / Proposed Rules 61289 the AOS’s Checklist of North American Clements checklist or peer-reviewed The Ptilogonatidae (silky-flycatchers) birds (AOU 1998), as amended annually literature), that species will still be was renamed to the Ptiliogonatidae. The (AOU 1999 through 2016, AOS 2017, included if either of the following Nesospingidae (Puerto Rican tanager) AOS 2018), on matters of taxonomy, criteria apply: and the Spindalidae (Spindalis genus) nomenclature, and the sequence of • The species resembles extant were split from the Thraupidae species and other higher taxonomic species included in the list that may be (tanagers). The yellow-breasted chat was categories (Orders, Families, affected by trade if the species is not split from the Parulidae (wood-warblers) Subfamilies) for species that occur in included; or and placed into Icteriidae (chats). North America. The AOS Checklist • Not including the species may Within the Scolopacidae (sandpipers, contains all bird species that have create difficulties implementing the phalaropes, and allies), new Subfamilies occurred in North America from the MBTA and its underlying Conventions. were created: The curlews were moved Arctic through Panama, including the (3) New evidence exists for its natural to Numeniinae; the godwits to West Indies and the Hawaiian Islands, occurrence in the United States or U.S. Limosinae; and small sandpipers to and includes distributional information territories resulting from new or natural Arenariinae and larger sandpipers to for each species, which specifies distributional changes and the species Tringinae, including phalaropes whose whether the species is known to occur occurs in a protected family. Records previous Subfamily Phalaropodinae was in the United States. For the species that must be documented, accepted, and removed. Within the Accipitridae occur outside the geographic area published by the AOS committee. For (hawks, eagles, and kites), new covered by the AOS Checklist, we relied the U.S. Pacific territories that fall Subfamilies were created: The white- on Clements et al. (2017) and peer- outside the geographic scope of the AOS tailed kite was move to Elaninae, hook- reviewed literature. Although we and for which there is no identified billed and swallow-tailed kite were primarily rely on the above sources, ornithological authority, new evidence moved to Gypaetinae, and all other when informed taxonomic opinion is of a species’ natural occurrence will be members of the family were moved to inconsistent or controversial, we based on the Clements checklist and Accipitrinae. Within the Icteridae evaluate available published and then published peer-reviewed literature, (blackbirds), new Subfamilies were unpublished information and come to in that order. created: Yellow-headed blackbird was our own conclusion regarding the In accordance with the Migratory Bird moved to Xanthocephalinae; bobolink validity of taxa. Treaty Reform Act of 2004 (MBTRA) was moved to Dolichonychinae; (Pub. L. 108–447, 118 Stat.