[BCNnet] FW: [BCAlist] list of non-native birds posted by US Fish &
Donald R. Dann
donniebird at yahoo.com
Wed Mar 16 08:59:27 CST 2005
This was released by F&W yesterday and clarifies the legal status of
Donald R. Dann
Highland Park/Lake County
For your information US Fish & Wildlife Service posted their final list of
non-native bird species. Information of the release follows:
March 15, 2005 Contact: Nicholas Throckmorton, (202)
SERVICE PUBLISHES FINAL LIST OF NON-NATIVE BIRD SPECIES
The U.S. Fish and Wildlife Service today published in the Federal Register
a final list of the bird species to which the Migratory Bird Treaty Act
(MBTA) does not apply because they are not native to the United States and
have been introduced by humans everywhere they occur in the nation. The
list is required by the Migratory Bird Treaty Reform Act of 2004.
Most migratory bird species in the United States are protected by the MBTA,
which prohibits take of protected species, their nests and eggs except as
permitted by regulation. The MBTA implements treaties for the protection of
shared migratory bird resources signed by the United States with Canada,
Japan, Mexico, and Russia.
"By declaring that the MBTA does not apply to nonnative human-introduced
species, the Reform Act has restored the historic status of the MBTA and
enabled State and Federal Agencies to resume effective management of native
wildlife populations," said Service Director Steve Williams.
Williams noted that the publication of today's final list is for public
information purposes only as required by the Reform Act and has no legal
The actual list of migratory birds protected by the MBTA is published in
the Code of Federal Regulations (Title 50, Part 10.13). When it became law
late last year, the Reform Act excluded any species from protection not
specifically included on the Title 50, Part 10 list.
Of the 125 species on the final list of species exempt from MBTA
regulation, only 17 are known to have established self-sustaining breeding
populations in the United States. Only one of the 125 species has ever
been treated as federally protected under the MBTA. The mute swan was
afforded protection beginning in December 2001 by order of a Federal court.
Other prominent and well-known species on the list are the Eurasian
collared-dove and rock pigeon.
The exclusion of these species from the MBTA does not change the
protections that they might receive under other laws or treaties such as
the Convention on International Trade in Endangered Species of Wild Fauna
and Flora (CITES), the Endangered Species Act, or the Wild Bird
Conservation Act. In addition, States and communities may protect
nonnative, human-introduced species at their discretion.
Numerous other introduced species--including such widely distributed
species as ring-necked pheasant, European starling, and house
sparrow--don't belong to families covered by the MBTA and thus are not
affected by this notice.
The notice is available on the Internet at < <http://migratorybirds.fws.gov>
The U.S. Fish and Wildlife Service is the principal federal agency
responsible for conserving, protecting and enhancing fish, wildlife and
plants and their habitats for the continuing benefit of the American
people. The Service manages the 95-million-acre National Wildlife Refuge
System, which encompasses 545 national wildlife refuges, thousands of small
wetlands and other special management areas. It also operates 69 national
fish hatcheries, 63 Fish and Wildlife Management offices and 81 ecological
services field stations. The agency enforces federal wildlife laws,
administers the Endangered Species Act, manages migratory bird populations,
restores nationally significant fisheries, conserves and restores wildlife
habitat such as wetlands, and helps foreign governments with their
conservation efforts. It also oversees the Federal Assistance program,
which distributes hundreds of millions of dollars in excise taxes on
fishing and hunting equipment to state fish and wildlife agencies.
News releases are also available on the World Wide Web at
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