21282 Federal Register / Vol. 85, No. 74 / Thursday, April 16, 2020 / Rules and Regulations DEPARTMENT OF THE INTERIOR United States and the Government of United States or U.S. territories as a Canada Amending the 1916 Convention result of recent taxonomic changes; Fish and Wildlife Service between the United Kingdom and the (8) Change the common (English) United States of America for the names of 43 species to conform to 50 CFR Part 10 Protection of Migratory Birds, Sen. accepted use; and (9) Change the scientific names of 135 [Docket No. FWS–HQ–MB–2018–0047; Treaty Doc. 104–28 (December 14, FXMB 12320900000//201//FF09M29000] 1995); species to conform to accepted use. (2) Mexico: Convention between the The List of Migratory Birds (50 CFR RIN 1018–BC67 United States and Mexico for the 10.13) was last revised on November 1, Protection of Migratory Birds and Game 2013 (78 FR 65844). The amendments in General Provisions; Revised List of this rule were necessitated by nine Migratory Birds Mammals, February 7, 1936, 50 Stat. 1311 (T.S. No. 912), as amended by published supplements to the 7th (1998) AGENCY: Fish and Wildlife Service, Protocol with Mexico amending edition of the American Ornithologists’ Interior. Convention for Protection of Migratory Union (AOU, now recognized as the American Ornithological Society (AOS)) ACTION: Final rule. Birds and Game Mammals, Sen. Treaty Doc. 105–26 (May 5, 1997); Check-list of North American Birds (AOU 2011, AOU 2012, AOU 2013, SUMMARY: We, the U.S. Fish and (3) Japan: Convention between the AOU 2014, AOU 2015, AOU 2016, AOS Wildlife Service (Service), revise the Government of the United States of 2017, AOS 2018, and AOS 2019) and List of Migratory Birds protected by the America and the Government of Japan the 2017 publication of the Clements Migratory Bird Treaty Act (MBTA) by for the Protection of Migratory Birds and Checklist of Birds of the World both adding and removing species. Birds in Danger of Extinction, and Their (Clements et al. 2017). Reasons for the changes to the list Environment, March 4, 1972, 25 U.S.T. include adding species based on new 3329 (T.I.A.S. No. 7990); and What scientific authorities are used to taxonomy and new evidence of natural (4) Russia: Convention between the amend the List of Migratory Birds? occurrence in the United States or U.S. United States of America and the Union Although bird names (common and territories, removing species no longer of Soviet Socialist Republics Concerning known to occur within the United States scientific) are relatively stable, staying the Conservation of Migratory Birds and current with standardized use is or U.S. territories, and changing names Their Environment (Russia), November necessary to avoid confusion in to conform to accepted use. The net 19, 1976, 29 U.S.T. 4647 (T.I.A.S. No. communications. In making our increase of 67 species (75 added and 8 9073). determinations, we primarily relied on removed) will bring the total number of the AOS’s Checklist of North American species protected by the MBTA to 1,093. What is the purpose of this rulemaking? birds (AOU 1998), as amended annually We regulate the taking, possession, Our purpose is to inform the public of (AOU 1999 through 2016, AOS 2017 transportation, sale, purchase, barter, the species protected by the MBTA and through 2019), on matters of taxonomy, exportation, and importation of its implementing regulations. These nomenclature, and the sequence of migratory birds. An accurate and up-to- regulations are found in Title 50, Code species and other higher taxonomic date list of species protected by the of Federal Regulations (CFR), parts 10, categories (Orders, Families, MBTA is essential for public 20, and 21. We regulate the taking, Subfamilies) for species that occur in notification and regulatory purposes. possession, transportation, sale, North America. The AOU (now AOS) DATES: This rule is effective May 18, purchase, barter, exportation, and Checklist of North American Birds 2020. importation of migratory birds. An (Checklist), developed by the AOU FOR FURTHER INFORMATION CONTACT: Eric accurate and up-to-date list of species Committee on Classification and L. Kershner, Chief of the Branch of protected by the MBTA is essential for Nomenclature, has been the recognized Conservation, Permits, and Regulations; notifying the public of regulatory taxonomic authority for North American Division of Migratory Bird Management; protections. birds since publication of the first U.S. Fish and Wildlife Service; MS: MB; Why is the amendment of the List of edition of the Checklist in 1886. The 5275 Leesburg Pike, Falls Church, VA Migratory Birds necessary? committee compiles the taxonomic 22041–3803; (703) 358–2376. foundation for ornithology in North The amendments we are adopting in SUPPLEMENTARY INFORMATION: America; evaluating and codifying the this final rule are needed to: latest scientific developments in the What statutory authority does the (1) Add 16 species that qualify for systematics, classification, service have for this rulemaking? protection under the MBTA; nomenclature, and distribution of North We have statutory authority and (2) Correct the spelling of 3 species American birds. Thus, the AOS’s responsibility for enforcing the MBTA names on the alphabetized list; Checklist represents the best (16 U.S.C. 703–712), the Fish and (3) Correct the spelling of 3 species information available for developing the Wildlife Improvement Act of 1978 (16 names on the taxonomic list; North American component of this List U.S.C. 742l), and the Fish and Wildlife (4) Add 30 species based on new of Migratory Birds. In keeping with the Act of 1956 (16 U.S.C. 742a–j). The distributional records documenting increasing numbers of study areas on MBTA implements Conventions their natural occurrence in the United which taxonomy relies, the committee between the United States and four States or U.S. territories since 2010; incorporates expertise in phylogenetics, neighboring countries for the protection (5) Add one species moved from a genomics, vocalizations, morphology, of migratory birds, as follows: family that was not protected to a family behavior, and geographical distribution, (1) Canada: Convention between the protected under the MBTA as a result of as well as general ornithological United States and Great Britain [on taxonomic changes; knowledge. The AOS Checklist contains behalf of Canada] for the Protection of (6) Add 28 species newly recognized all bird species that have occurred in Migratory Birds, August 16, 1916, 39 as a result of recent taxonomic changes; North America from the Arctic through Stat. 1702 (T.S. No. 628), as amended by (7) Remove 8 species not known to Panama, including the West Indies and Protocol between the Government of the occur within the boundaries of the the Hawaiian Islands, and includes VerDate Sep<11>2014 19:00 Apr 15, 2020 Jkt 250001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\16APR2.SGM 16APR2 jbell on DSKJLSW7X2PROD with RULES2 Federal Register / Vol. 85, No. 74 / Thursday, April 16, 2020 / Rules and Regulations 21283 distributional information for each (2) Revised taxonomy results in it (southern storm-petrels) was split from species, which specifies whether the being newly split from a species that the Hydrobatidae (northern storm- species is known to occur in the United was previously on the list, and the new petrels), the Tityridae (becards and States. The committee also keeps and species occurs in the United States or tityras) was split from the Tyrannidae updates a list of species known to occur U.S. territories as the result of natural (tyrant flycatchers), the Passerellidae in the United States. biological or ecological processes. If a (towhees, sparrows, and juncos) was For the species that occur outside the newly recognized native species is split from the Emberizidae (buntings), geographic area covered by the AOS considered extinct (following the and the Megaluridae (Locustella Checklist, we relied primarily on the classification of the AOS) or, for species warblers) was renamed to Locustellidae. Clements Checklist of Birds of the not covered by the AOS, the Clements The Ptilogonatidae (silky-flycatchers) World (Clements Checklist) (Clements et Checklist or peer-reviewed literature), was renamed to the Ptiliogonatidae. The al. 2007), the Clements Checklist 2017 that species will still be included if Nesospingidae (Puerto Rican Tanager) installment of updates and corrections either of the following criteria apply: and the Spindalidae (Spindalis genus) • (Clements et al. 2017), and other peer- The species resembles extant were split from the Thraupidae reviewed literature where appropriate. species included in the list that may be (tanagers). The yellow-breasted chat was The Clements Checklist is a list of all affected by trade if the species is not split from the Parulidae (wood-warblers) included; or and placed into Icteriidae (chats). known bird species in the world and is • maintained and updated annually by Not including the species may Within the Scolopacidae (sandpipers, the Cornell Laboratory of Ornithology create difficulties implementing the phalaropes, and allies), new Subfamilies (CLO). The CLO relies on different MBTA and its underlying Conventions. were created: The curlews were moved (3) New evidence exists for its natural regional ornithological authorities to to Numeniinae; the godwits to occurrence in the United States or U.S. compile the list, using the AOS for the Limosinae; and small sandpipers to territories resulting from natural western hemisphere. Taxonomy and Arenariinae and larger sandpipers to distributional changes and the species nomenclature are the primary focus of Tringinae, including phalaropes whose occurs in a protected family. Records the Clements Checklist, but range previous Subfamily Phalaropodinae was must be documented, accepted, and descriptions are maintained and removed. Within the Accipitridae published by the AOS committee. For updated based on the best available (hawks, eagles, and kites), new the U.S.