[Federal Register Volume 60, Number 8 (Thursday, January 12, 1995)]
[Rules and Regulations]
[Pages 2899-2905]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-832]



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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AB84


Endangered and Threatened Wildlife and Plants; Addition of 30 
African Birds to List of Endangered and Threatened Wildlife

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: The Service adds 30 kinds of birds, found in Africa and on 
associated islands, to the List of Endangered and Threatened Wildlife. 
All have restricted distributions and are threatened by habitat 
destruction, human hunting, predation by introduced animals, and 
various other factors. All were subjects of petitions from the 
International Council for Bird Preservation submitted in 1980 and 1991. 
This rule implements the protection of the Endangered Species Act of 
1973, as amended (Act), for these birds.

EFFECTIVE DATE: February 13, 1995.

ADDRESSES: The complete file for this rule is available for public 
inspection, by appointment, from 8:00 a.m. to 4:00 p.m., Monday through 
Friday, in Room 750, 4401 North Fairfax Drive, Arlington, Virginia 
22203. Comments may be sent to the Chief, Office of Scientific 
Authority; Mail Stop: Arlington Square, Room 725; U.S. Fish and 
Wildlife Service; Washington, D.C. 20240.

FOR FURTHER INFORMATION CONTACT: Dr. Charles W. Dane, Chief, Office of 
Scientific Authority (phone 703-358-1708; FAX 703-358-2276).

SUPPLEMENTARY INFORMATION:

Background

    In a petition of November 24, 1980, to the U.S. Fish and Wildlife 
Service (Service), the International Council for Bird Preservation 
(ICBP)--now known as Bird Life International--requested the addition of 
79 kinds of birds to the U.S. List of Endangered and Threatened 
Wildlife. Of that number, 58 occurred entirely outside of the United 
States and its territories. Of those foreign birds, 6 have now been 
listed and the rest have been covered by petition findings that their 
listing is warranted but precluded by other listing activity.
    Subsequently, in a petition dated April 30, 1991, and received by 
the Service on May 6, 1991, the ICBP requested the addition of another 
53 species of foreign birds to the List of Endangered and Threatened 
Wildlife. In the Federal Register of December 16, 1991 (56 FR 65207-
65208), the Service announced the finding that this petition had 
presented substantial information indicating that the requested action 
may be warranted. At that same time the Service initiated a status 
review of these 53 birds, with the comment period lasting until March 
16, 1992.
    Section 4(b)(3) of the Endangered Species Act of 1973, as amended 
in 1982 (Act), requires that, within 12 months of receipt of a petition 
to list, delist, or reclassify a species, a finding be made as to 
whether the requested action is warranted, not warranted, or warranted 
but precluded by other listing activity. In the case of the 1991 ICBP 
petition, available information supports listing of all 53 species. 
With respect to 15 of these species--those occurring in Africa and 
Madagascar and on associated islands of the Atlantic and Indian 
Oceans--an ICBP Red Data Book (Collar and Stuart 1985) provides 
detailed status data. This same source provides data supporting the 
listing of 13 of the African birds covered by the 1980 ICBP petition, 
and the Service also possesses sufficient data to support the listing 
of the other 2 African birds. With respect to the other birds included 
in the two petitions, data are available from several sources, some of 
which are unpublished. Compilation of these data is in progress, and a 
listing proposal will be completed as soon as allowed by the Service's 
other listing responsibilities.
    Considering the above, the Service made the finding that the action 
requested by the ICBP 1980 and 1991 petitions, with respect to the 30 
African birds named below in the ``Summary of Factors Affecting the 
Species,'' is warranted, and that the action requested by the 1991 
petition, with respect to the 38 remaining species covered therein, is 
warranted but precluded by other listing activity. That finding was 
incorporated and published together with a proposal in the Federal 
Register of March 28, 1994 (59 FR 14496-14502), to add the 30 birds 
named below to the List of Endangered and Threatened Wildlife.

Summary of Comments and Recommendations

    In the proposed rule of March 28, 1994, and associated 
notifications, all interested parties were requested to submit 
information that might contribute to development of a final rule. 
Cables were sent to United States embassies in countries within the 
ranges of the subject species, requesting new data and the comments of 
the governments of those countries. None of the 13 responses opposed 
the proposal; substantive information provided has been added to the 
following discussion (as ``in litt.''). There was one request for 
classifying the dappled mountain robin and Van Dam's vanga as 
endangered, rather than threatened as originally proposed. While such a 
measure will be given future consideration, immediately available 
scientific data suggest that the threatened category is appropriate. In 
contrast, data received on the white-breasted guineafowl, originally 
proposed as endangered, indicate that a threatened classification may 
more accurately describe its status, and such is now applied.

Summary of Factors Affecting the Species

    Section 4(a)(1) of the Endangered Species Act (16 U.S.C. 1531 et 
seq.) and regulations (50 CFR Part 424) promulgated to implement the 
listing provisions of the Act set forth the procedures for adding 
species to the Federal Lists. A species may be determined to be 
endangered or threatened due to one or more of the following five 
factors described in Section 4(a)(1): (A) The present or threatened 
destruction, modification, or curtailment of its habitat or range; (B) 
overutilization for commercial, recreational, scientific, or 
educational purposes; (C) disease or predation; (D) the inadequacy of 
existing regulatory mechanisms; and (E) other natural or manmade 
factors affecting its continued existence. The application of these 
factors to the 30 African species named below is shown by the 
appropriate letter in parentheses (information from Collar and Andrew 
1988, Collar and Stuart 1985, and Grzimek 1975, unless otherwise 
noted). Also indicated is the date of the petition covering each 
species, the classification given in pertinent ICBP Red Data Books, and 
the U.S. classification that now will apply.
    Amsterdam albatross (Diomedia amsterdamensis).--1991 petition, ICBP 
endangered, U.S. endangered; a large sea bird of the family 
Diomedeidae; known to breed only on Amsterdam Island, a French 
possession in the southern Indian Ocean. Destruction of nesting habitat 
by fires and introduced cattle (A) and predation by introduced rats and 
cats (C) have reduced numbers drastically. On the average only five 
[[Page 2900]] pairs were known to breed each year during the early 
1980s.
    Thyolo alethe (Alethe choloensis).--1991 petition, ICBP endangered, 
U.S. endangered; a small, ground-dwelling bird of the family 
Muscicapidae, related to the Old World robins and thrushes; known only 
from 13 small patches of submontane evergreen forest in southern Malawi 
and from 2 such areas in northern Mozambique. Suitable habitat already 
has been largely destroyed through human clearing and encroachment and 
remaining sites are at risk of destruction (A). About 1,500 pairs are 
estimated to survive.
    Uluguru bush-shrike (Malaconotus alius).--1980 petition, ICBP rare, 
U.S. threatened; a small predatory bird of the family Laniidae, 
resembling the true shrikes in structure but utilizing more densely 
vegetated habitat and dwelling in the forest canopy; known only from 
the Uluguru Mountains in central Tanzania. Because of its dense forest 
habitat and evident low numbers, this bird has been difficult to locate 
and little is known of its status. However, the lower slopes of the 
mountains on which it lives are being steadily cleared and such 
activity places the species at risk (A).
    Seychelles turtle dove (Streptopelia picturata rostrata).--1980 
petition, ICBP endangered, U.S. endangered; a member of the family 
Columbidae, somewhat smaller than the domestic pigeon (Columba 
domestica) and generally dark grayish purple in color (Goodwin 1977); 
formerly found throughout Seychelles, an island nation off eastern 
Africa. This subspecies declined through hybridization with the related 
and more adaptable S. p. picturata, which was introduced from 
Madagascar in the mid-19th century (E). S. p. rostrata had become very 
rare by 1965 and pure individuals may have nearly vanished by 1975 
(King 1981). However, according to Dr. Mike Rands, who operates the 
ICBP Seychelles program, and Ms. Alison Stattersfield (letter of 
November 11, 1993), also of the ICBP and who recently visited 
Seychelles, the subspecies rostrata does survive and is morphologically 
distinctive, at least on Cousin Island, though some hybridization 
probably has occurred. Therefore, even if genetically pure populations 
of this turtle dove no longer exist--which itself is not yet known with 
certainty--there are groups that could potentially be salvageable for 
captive breeding experiments and eventual efforts at restoration of a 
wild population with the predominant original morphological, 
behavioral, and ecological characters of the subspecies.
    Madagascar sea eagle (Haliaeetus vociferoides).--1980 petition, 
ICBP endangered, U.S. endangered; a fish-hunting species of the family 
Accipitridae, related to and somewhat smaller than the American bald 
eagle; confined to the rivers, shorelines, and offshore islands of the 
west coast of central to northern Madagascar. Its numbers have dropped 
sharply since the last century, with only 96 individuals being counted 
during the mid-1980s. Although reasons for the decline are unclear, 
hunting and nest destruction by people (B) are thought to be partly 
responsible.
    Madagascar serpent eagle (Eutriorchis astur).--1980 petition, ICBP 
endangered, U.S. endangered; a raptor of the family Accipitridae, more 
closely related to the harrier hawks than to most other eagles; until 
recently, known only from 11 specimens collected over 50 years ago in 
the eastern forests of Madagascar. In 1988 an individual was observed 
and in 1990 a dead specimen was recovered, both in northeastern 
Madagascar (Raxworthy and Colston 1992). On January 14, 1994, a live 
bird was captured and released (Peregrine Fund, World Center for Birds 
of Prey, Press Release of April 6, 1994). Thus, the species is known to 
survive, but it is apparently dependent on large tracts of undisturbed 
primary rainforest, and such habitat is rapidly being destroyed or 
adversely modified by human activity (A).
    Mauritius fody (Foudia rubra).--1980 petition, ICBP endangered, 
U.S. endangered; a small weaver of the family Ploceidae, feeding on 
insects, nectar and small fruits; formerly widespread in the upland 
forests of the island of Mauritius, a part of the nation of the same 
name in the Indian Ocean. It now is restricted to the southwestern part 
of Mauritius, where perhaps only 150 breeding pairs survive. More than 
half of the population had been wiped out in 1973-1974 during a large-
scale forest clearing project (A). The remaining birds are subject to 
intensive nest predation from rats, macaques, and other introduced 
animals (C).
    Rodrigues fody (Foudia flavicans).--1980 petition, ICBP endangered, 
U.S. endangered; another small insectivorous weaver of the family 
Ploceidae; occurs only on the island of Rodrigues, a part of Mauritius 
in the Indian Ocean. Formerly abundant in a variety of habitats on the 
island, by 1983 only about 100 individuals survived in remnant patches 
of evergreen forest. The main problem appears to be competition with 
the related Madagascar fody (Foudia madagascariensis), which was 
introduced by people and which evidently has adapted better to all 
habitats except mature forest (E). Since the latter habitat has been 
largely destroyed by human activity, the range of F. flavicans has been 
greatly reduced (A). In addition, the species is threatened by 
predation from introduced rats (C) and by the effects of cyclones (E).
    Djibouti francolin (Francolinus ochropectus).--1991 petition, ICBP 
endangered, U.S. endangered; a ground-dwelling, partridgelike bird of 
the family Phasianidae; restricted to highland forest in the country of 
Djibouti in northeastern Africa. Its restricted habitat is rapidly 
being destroyed by overgrazing, clearing, and other human activity (A). 
The total population is thought to have declined from over 5,000 birds 
in 1978 to fewer than 1,000 today (Dr. Simon D. Dowell, Chairman, ICBP 
Partridge, Quail and Francolin Specialist Group, in litt.).
    Alaotra grebe (Tachybaptus rufolavatus).--1991 petition, ICBP 
endangered, U.S endangered; a small diving bird of the family 
Podicipedidae; known primarily from Lake Alaotra and adjacent marshes 
in northeastern Madagascar. Human alteration of the limited habitat of 
the Alaotra grebe (A), especially the introduction of exotic fish, 
resulted in a great increase there of the much more widespread little 
grebe (Tachybaptus ruficollis) and to extensive hybridization between 
the two species (E). It appears that the resulting genetic 
introgression of the Alaotra grebe may be irreversible.
    White-breasted guineafowl (Agelastes meleagrides).--1991 petition, 
ICBP endangered, U.S. threatened; a medium-sized ground-dwelling bird 
of the family Numididae, related to turkeys and peacocks; originally 
occurred throughout the rainforest zone from Sierra Leone to Ghana. 
This species evidently is dependent on primary forest and is unable to 
survive in the dense undergrowth of secondary forest. It has 
disappeared from most of its range, mainly because of timber 
exploitation (A). It also has been severely affected by human hunting 
pressure (B). About 50,000 individuals may survive, but these are 
concentrated at only two restricted sites, Tai National Park in Ivory 
Coast, with 30,000-40,000, and the Gola Forest of Sierra Leone, with an 
estimated 7,100 (Dr. Simon D. Dowell, Chairman, ICBP Partridge, Quail 
and Francolin Specialist Group, in litt.).
    Raso lark (Alauda razae).--1991 petition, ICBP endangered, U.S. 
endangered; a songbird of the family Alauidae, closely related to the 
common Old World skylark; known only from [[Page 2901]] Raso, one of 
the islands in the nation of Cape Verde off the west coast of Africa. 
This species was once common and widespread on Raso but declined 
drastically because of a severe drought in the 1960s (E). The 
population may have fallen to only about 20 individuals in 1981. 
Numbers subsequently increased, but the species is potentially 
threatened by climatic fluctuations (E), human settlement (A), and 
predation by introduced rats, dogs, and cats (C). Approximately 250 
breeding pairs are now present (Cape Verde Wildlife Agency, in litt.).
    Ibadan malimbe (Malimbus ibadanensis).--1991 petition, ICBP 
endangered, U.S. endangered; another small weaver of the family 
Ploceidae, about the size of a house sparrow and with red markings; 
known only from southwestern Nigeria. The restricted range of this 
species is subject to intensive forest clearing (A). Although 
considered common when it was first discovered in 1951, it subsequently 
became very rare and prospects for survival are not favorable.
    Algerian nuthatch (Sitta ledanti).--1980 petition, ICBP rare, U.S. 
endangered; a member of the family Sittidae, about the size of a house 
sparrow but with a compact build, a long beak, and grayish coloration; 
known only from Mount Babor in northern Algeria. Discovered in 1975, 
this small arboreal species is dependent on forest habitat, including 
standing dead wood for nesting. Such habitat is being reduced by 
lumbering, fire, grazing of domestic livestock, and removal of dead 
wood for forestry management (A). About 80 pairs were estimated to 
survive in 1982. A recent survey found about 20 nests in each of three 
different areas (Algerian Agence Pour La Protection de la Nature, in 
litt.).
    Canarian black oystercatcher (Haematopus meadewaldoi).--1980 
petition, ICBP extinct, U.S. endangered; a shore bird of the family 
Haematopodidae, somewhat like a rail but with much stouter bill and 
legs, generally black plumage; known with certainty only from the 
eastern Canary Islands, a Spanish possession off northwestern Africa. 
This species seems always to have been uncommon and there have been no 
definite records since about 1913, though it was reported regularly in 
the eastern Canaries until about 1940. It may have disappeared because 
of human disruption of its limited habitat and harvesting of the 
mollusks on which it fed (A), and because of predation by introduced 
cats and rats (C). Four apparently genuine reports of black 
oystercatchers--two on Tenerife in the western Canaries and two on the 
coast of Senegal in West Africa--were made from 1968 to 1981, and give 
hope that the species still exists. The species is being included in 
this rule based on the recent reports and on the reasonable prospect of 
rediscovery. Rare and elusive species are routinely found alive after 
years, decades, or even centuries of presumed extinction. Indeed, 
rediscovery of two of the other birds covered by this proposal--the 
Madagascar serpent-eagle and the Madagascar pochard--was announced 
while the proposal was being drafted. The October 1993 issue of the 
journal Oryx contains announcements that three species--a bird, a 
mammal, and a reptile--none of which had been seen for at least 30 
years, had all been found alive. The U.S. List of Endangered and 
Threatened Wildlife already includes many such rediscovered species. 
Examples are the parma wallaby (Macropus parma), which was thought 
extinct for 33 years; the dibbler (Antechinus apicalis), which was 
thought extinct for 83 years; and the mountain pygmy possum (Burramys 
parvus), which was thought to have disappeared many thousands of years 
ago in the Ice Age.
    Seychelles lesser vasa parrot (Coracopsis nigra barklyi).--1980 
petition, ICBP endangered, U.S. endangered; a member of the family 
Psittacidae, generally dark brown in color and about 25 centimeters (10 
inches) long; known only from Praslin, one of the islands in 
Seychelles, a nation off the east coast of Africa. Originally common on 
the island, this species declined rapidly in the mid-20th century as 
its palm forest habitat was destroyed by human cutting and burning (A). 
The one remaining population was estimated to number about 30 to 50 
individuals in 1965, though it subsequently may have increased to about 
100 after efforts were made to protect it and its remaining habitat 
(King 1981, Silva 1989).
    Madeira petrel or freira (Pterodroma madeira).--1991 petition, ICBP 
endangered, U.S. endangered; a small sea bird of the family 
Procellariidae (petrels and shearwaters); known to breed only in the 
mountains of Madeira, an island possession of Portugal in the Atlantic 
Ocean. It has declined because of human bird and egg collectors (B), 
predation by introduced rats (C), and possibly natural climatic changes 
(E). Only 20 breeding pairs may survive.
    Mascarene black petrel (Pterodroma aterrima).--1980 petition, ICBP 
endangered, U.S. endangered; a small sea bird of the family 
Procellariidae; originally found on the islands of Reunion and 
Rodrigues, which are parts of Mauritius in the Indian Ocean. It seems 
to have disappeared from Rodrigues by the 18th century and to have 
become extremely rare on Reunion. Reasons for the decline are not 
precisely known, but may involve human hunting (B) and predation by 
introduced rats and cats (C).
    Pink pigeon (Columba (=Nesoenas) mayeri).--1980 petition, ICBP 
endangered, U.S. endangered; a member of the family Columbidae, about 
the size of the domestic pigeon (Columba domestica), but with shorter 
and more rounded wings and generally pink in color (Goodwin 1977); 
known only from southwestern Mauritius in the Indian Ocean. This 
species has declined because of the clearing of its native forest 
habitat by people (A), human hunting for use as food (B), and predation 
by introduced rats and macaques (C). Remnant populations also became 
more vulnerable to the effects of cyclones and natural food shortages 
(E). The pink pigeon already was rare by the 1830s and currently the 
single known wild group contains only about 20 birds. Larger numbers 
exist in captivity.
    White-tailed laurel pigeon (Columba junoniae).--1980 petition, ICBP 
rare, U.S. threatened; a large member of the family Columbidae, closely 
related to the common Old World wood pigeon (Columba palumbus); known 
only from the Canary Islands, a Spanish possession off northwestern 
Africa. Early reports suggest that this species may once have occurred 
throughout the Canaries, though it is known with certainty only from 
the western islands of Tenerife, La Palma, and Gomera. It now is 
relatively common only on parts of La Palma. Elsewhere it has 
disappeared or declined in conjunction with human destruction of the 
endemic Canarian laurel forests (A). Some of the remnant populations 
appear to be stable, following legal measures to protect them and their 
forest habitat.
    Madagascar pochard (Aythya innotata).--1991 petition, ICBP 
endangered, U.S. endangered; a diving duck of the family Anatidae; 
apparently confined to freshwater lakes and pools in the northern 
central plateau of Madagascar. Although still common around 1930, this 
species subsequently declined drastically because of large-scale 
hunting by people (B). It may also have been adversely affected by the 
introduction of exotic fish and accidental capture by people netting 
the fish (E). It probably is on the brink of extinction; there had been 
no definite records since 1970, but in August 1991 a specimen was 
captured alive and placed in the Botanical Garden at Antananarivo 
(Oryx, April 1992, 26:73). [[Page 2902]] 
    Dappled mountain robin (Arcanator (=Modulatrix) orostruthus).--1980 
petition, ICBP rare, U.S. threatened; a thrush of the family 
Muscicapidae; occurs in three isolated patches of montane forest, one 
in northern Mozambique and two in eastern Tanzania. Much of the 
rainforest habitat on which the species depends has been cleared for 
agricultural purposes (A). The population in Mozambique has not been 
recorded since 1932. The other two populations may number in the 
hundreds or low thousands.
    Marungu sunbird (Nectarinia prigoginei).--1991 petition, ICBP 
endangered, U.S. endangered; a nectar-feeding bird of the family 
Nectarinidae, characterized by small size and a long bill, somewhat 
comparable to the hummingbirds superficially; known only from the 
Marungu Highlands of southeastern Zaire. The remnant riparian forest on 
which this species probably depends now covers only a small part of the 
Marungu Highlands and is under severe pressure from logging and from 
the erosion of stream banks caused by the overgrazing of cattle (A).
    Taita thrush (Turdus olivaceus helleri).--1991 petition, ICBP 
endangered, U.S. endangered; a dark-colored, ground-dwelling member of 
the family Muscicapidae; apparently confined to highlands in 
southeastern Kenya. This subspecies (formerly considered the full 
species Turdus helleri) occurs at low density and depends on limited 
forest habitat. Such areas now have been mostly cleared for 
agricultural purposes or to obtain firewood (A). The only relatively 
well-known population occupies an area of about 3 square kilometers 
(1.2 square miles) and may contain several hundred individuals.
    Bannerman's turaco (Tauraco bannermani).--1991 petition, ICBP 
endangered, U.S. endangered; a frugivorous parrot of the family 
Musophagidae, characterized by a generally greenish color and a 
conspicuous crest; known only from the Bamenda-Banso Highlands in 
western Cameroon. The montane forest habitat of this species is being 
rapidly cleared as a result of cultivation, overgrazing by domestic 
livestock, wood-cutting, and fires (A). An estimated 800-1,200 pairs 
may survive (Dr. C. R. McKay, Ijim Mountain Forest Project, Bamenda, 
Cameroon, in litt.).
    Pollen's vanga (Xenopirostris polleni).--1980 petition, ICBP rare, 
U.S. threatened; a predatory bird of the endemic Malagasy family 
Vangidae, somewhat similar to the shrikes; occurs in the rainforests of 
eastern Madagascar. Although still widely distributed, this species has 
declined and become rare as its forest habitat has been destroyed and 
modified by people (A).
    Van Dam's vanga (Xenopirostris damii).--1980 petition, ICBP rare, 
U.S. threatened; another member of the Vangidae; occurs in northwestern 
Madagascar. Because of deforestation this species appears to have 
become restricted to a single area of primary deciduous forest at 
Ankarafantsika (A). However, that area is currently protected and the 
bird reportedly is present there in fairly good numbers.
    Aldabra warbler (Nesillas aldabranus).--1991 petition, ICBP 
endangered, U.S. endangered; a small song bird of the family 
Muscicapidae; restricted to a small part of Aldabra, one of the islands 
of Seychelles, a nation off the east coast of Africa. The ICBP refers 
to this warbler as the ``rarest, most restricted and most highly 
threatened species of bird in the world.'' Discovered only in 1967, it 
seems to have been confined to an area of approximately 10 hectares (25 
acres) of coastal vegetation on Aldabra. This habitat is being 
destroyed by introduced goats and rats (A), and the latter also prey on 
nests (C).
    Banded wattle-eye (Platysteira laticincta).--1991 petition, ICBP 
endangered, U.S. endangered; a small flycatcher of the family 
Muscicapidae, characterized by pale plumage and a wattle of bare red 
skin above the eye; known only from the Bamenda Highlands in western 
Cameroon. Although this species is considered reasonably common in the 
remnant montane forests on which it depends, such habitat is being 
rapidly cleared and fragmented as a result of cultivation, overgrazing 
by domestic livestock, wood-cutting, and fires (A). An estimated 800-
1,200 pairs may survive (Dr. C.R. McKay, Ijim Mountain Forest Project, 
Bamenda, Cameroon, in litt.).
    Clarke's weaver (Ploceus golandi).--1991 petition, ICBP endangered, 
U.S. endangered; a member of the family Ploceidae; known only from a 
small forested area between Kilifi Creek and the Sabaki River on the 
southeastern coast of Kenya. Numbers have been estimated at 1,000 to 
2,000 pairs, but are declining because of excessive logging (A). At 
present rates of destruction, all favorable habitat could be eliminated 
within about 15 years. Even though a portion of the habitat is legally 
protected, enforcement has not been effective (D).
    The decision to add the above 30 kinds of African birds to the List 
of Endangered and Threatened Wildlife was based on an assessment of the 
best available scientific information, and of past, present, and 
probable future threats to these birds. All have suffered substantial 
losses in habitat and/or numbers in recent years and are vulnerable to 
human exploitation and disturbance. If conservation measures are not 
implemented, further declines are likely to occur, increasing the 
danger of extinction for these birds. Critical habitat is not being 
determined, as such designation is not applicable to foreign species.

Available Conservation Measures

    Conservation measures provided to species listed as endangered or 
threatened pursuant to the Act include recognition and, for those under 
United States jurisdiction, recovery actions, requirements for Federal 
protection, and prohibitions against certain practices. Recognition 
through listing encourages conservation measures by Federal, 
international, and private agencies, groups, and individuals.
    Section 7(a) of the Act, as amended, and as implemented by 
regulations at 50 CFR Part 402, requires Federal agencies to evaluate 
their actions that are to be conducted within the United States or on 
the high seas, with respect to any species that is listed as endangered 
or threatened and with respect to its designated critical habitat (if 
any). Section 7(a)(2) requires Federal agencies to ensure that 
activities they authorize, fund, or carry out are not likely to 
jeopardize the continued existence of a listed species or to destroy or 
adversely modify its critical habitat. If a proposed Federal action 
within the United States or on the high seas may affect a listed 
species, the responsible Federal agency must enter into formal 
consultation with the Service. No such activities are currently known 
with respect to the species covered by this rule.
    Section 8(a) of the Act authorizes the provision of limited 
financial assistance for the development and management of programs 
that the Secretary of the Interior determines to be necessary or useful 
for the conservation of endangered species in foreign countries. 
Sections 8(b) and 8(c) of the Act authorize the Secretary to encourage 
conservation programs for foreign endangered species and to provide 
assistance for such programs in the form of personnel and the training 
of personnel.
    Section 9 of the Act and implementing regulations found at 50 CFR 
17.21 and 17.31 set forth a series of general prohibitions and 
exceptions that apply to all endangered and threatened wildlife. These 
prohibitions, in part, make it illegal for any person 
[[Page 2903]] subject to the jurisdiction of the United States to take 
within the United States or on the high seas, import or export, ship in 
interstate commerce in the course of commercial activity, or sell or 
offer for sale in interstate or foreign commerce any endangered or 
threatened wildlife. It also is illegal to possess, sell, deliver, 
transport, or ship any such wildlife that has been taken in violation 
of the Act. Certain exceptions apply to agents of the Service and State 
conservation agencies.
    Permits may be issued to carry out otherwise prohibited activities 
involving endangered and threatened wildlife under certain 
circumstances. Regulations governing permits are codified at 50 CFR 
17.22, 17.23, and 17.32. Such permits are available for scientific 
purposes, to enhance propagation or survival, or for incidental take in 
connection with otherwise lawful activities. For threatened species, 
there also are permits available for zoological exhibition, educational 
purposes, or special purposes consistent with the purposes of the Act.

National Environmental Policy Act

    The Service has determined that an Environmental Assessment, as 
defined under the authority of the National Environmental Policy Act of 
1969, need not be prepared in connection with regulations adopted 
pursuant to Section 4(a) of the Endangered Species Act, as amended. A 
notice outlining the Service's reasons for this determination was 
published in the Federal Register of October 25, 1983 (48 FR 49244).

Literature Cited

Collar, N.J., and P. Andrew. 1988. Birds to watch. International 
Council for Bird Preservation Technical Publication, no. 8.
Collar, N.J., and S.N. Stuart. 1985. Threatened birds of Africa and 
related islands. The ICBP/IUCN red data book, Part 1. International 
Council for Bird Preservation, Cambridge, U.K.
Goodwin, D. 1977. Pigeons and doves of the world. British Museum 
(Natural History), London.
Grzimek, B., ed. 1975. Grzimek's animal life encyclopedia. Van 
Nostrand Reinhold Co., New York, volumes 7, 8, and 9.
King, W.B. 1981. Endangered birds of the world. The ICBP bird red 
data book. Smithsonian Institution Press, Washington, D.C.
Raxworthy, C.J., and P.R. Colston. 1992. Conclusive evidence for the 
continuing existence of the Madagascar serpent-eagle Eutriorchis 
astur. Bulletin of the British Ornithological Club 112(2):108-111.
Silva, T. 1989. A monograph of endangered parrots. Silvio 
Mattacchione and Co., Pickering, Ontario.

    Author: The primary author of this rule is Ronald M. Nowak, U.S. 
Fish and Wildlife Service (OSA), Washington, D.C. 20240 (phone 703-
358-1708).

List of Subjects in 50 CFR Part 17

    Endangered and threatened species, Exports, Imports, Reporting and 
recordkeeping requirements, Transportation.

Regulations Promulgation

    Accordingly, part 17, subchapter B of chapter I, title 50 of the 
Code of Federal Regulations, is hereby amended as set forth below:

PART 17--[AMENDED]

    1. The authority citation for part 17 continues to read as follows:

    Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C. 
4201-4245; Pub. L. 99-625, 100 Stat. 3500; unless otherwise noted.

    2. Amend Sec. 17.11(h) by adding the following, in alphabetical 
order under BIRDS, to the List of Endangered and Threatened Wildlife:


Sec. 17.11  Endangered and threatened wildlife.

* * * * *
    (h) * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
                     Species                                                 Vertebrate population                                                      
--------------------------------------------------      Historic range        where endangered or       Status     When listed    Critical     Special  
       Common name            Scientific name                                      threatened                                     habitat       rules   
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                        
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
          Birds                                                                                                                                         
                                                                                                                                                        
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
Albatross, Amsterdam....  Diomedia amsterdamensis  Indian Ocean--Amsterdam  Entire.................  E                     571           NA           NA
                                                    Island.                                                                                             
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
Alethe, Thyolo (thrush).  Alethe choloensis......  Malawi, Mozambique.....  Entire.................  E                     571           NA           NA
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
Bush-shrike, Uluguru....  Malaconotus alius......  Tanzania...............  Entire.................  T                     571           NA           NA
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
Dove, Seychelles turtle.  Streptopelia picturata   Indian Ocean--           Entire.................  E                     571           NA           NA
                           rostrata.                Seychelles.                                                                                         
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
Eagle, Madagascar sea...  Haliaeetus vociferoides  Madagascar.............  Entire.................  E                     571           NA           NA
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
Eagle, Madagascar         Eutriorchis astur......  Madagsacar.............  Entire.................  E                     571           NA           NA
 serpent.                                                                                                                                               
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
Fody, Mauritis..........  Foudia rubra...........  Indian Ocean--Mauritius  Entire.................  E                     571           NA           NA
                                                                                                                                                        
[[Page 2904]]                                                                                                                                           
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
Fody, Rodrigues.........  Foudia flavicans.......  Indian Ocean--Mauritius  Entire.................  E                     571           NA           NA
                                                    (Rodrigues Island).                                                                                 
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
Francolin, Djibouti.....  Francolinus ochropectus  Djibouti...............  Entire.................  E                     571           NA           NA
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
Grebe, Alaotra..........  Tachybaptus              Madagascar.............  Entire.................  E                     571           NA           NA
                           rufoflavatus.                                                                                                                
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
Guineafowl, white-        Agelastes meleagrides..  West Africa............  Entire.................  T                     571           NA           NA
 breasted.                                                                                                                                              
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
Lark, Raso..............  Alauda razae...........  Atlantic Ocean--Cape     Entire.................  E                     571           NA           NA
                                                    Verde (Raso Island).                                                                                
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
Malimbe, Ibadan (weaver   Malimbus ibadanensis...  Nigeria................  Entire.................  E                     571           NA           NA
 finch).                                                                                                                                                
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
Nuthatch, Algerian......  Sitta ledanti..........  Algeria................  Entire.................  E                     571           NA           NA
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
Oystercatcher, Canarian   Haematopus meadewaldoi.  Atlantic Ocean--Canary   Entire.................  E                     571           NA           NA
 black.                                             Islands.                                                                                            
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
Parrot, Seychelles        Coracopsis nigra         Indian Ocean--           Entire.................  E                     571           NA           NA
 lesser vasa.              barklyi.                 Seychelles (Praslin                                                                                 
                                                    Island).                                                                                            
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
Petrel, Madeira           Pterodroma madeira.....  Atlantic Ocean--Madeira  Entire.................  E                     571           NA           NA
 (=freira).                                         Island.                                                                                             
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
Petrel, Mascarene black.  Pterodroma aterrima....  Indian Ocean--Mauritius  Entire.................  E                     571           NA           NA
                                                    (Reunion Island).                                                                                   
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
Pigeon, pink............  Columba (=Nesoenas)      Indian Ocean--Mauritius  Entire.................  E                     571           NA           NA
                           mayeri.                                                                                                                      
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
Pigeon, White-tailed      Columba junoniae.......  Atlantic Ocean--Canary   Entire.................  T                     571           NA           NA
 laurel.                                            Islands.                                                                                            
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
Pochard, Madagascar.....  Aythya innotata........  Madagascar.............  Entire.................  E                     571           NA           NA
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
Robin, dappled mountain.  Arcanator (=Modulatrix)  Mozambique, Tanzania...  Entire.................  T                     571           NA           NA
                           orostruthus.                                                                                                                 
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
Sunbird, Marungu........  Nectarinia prigoginei..  Zaire..................  Entire.................  E                     571           NA           NA
                                                                                                                                                        
[[Page 2905]]                                                                                                                                           
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
Thrush, Taita...........  Turdus olivaceus         Kenya..................  Entire.................  E                     571           NA           NA
                           helleri.                                                                                                                     
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
Turaco, Bannerman's.....  Tauraco bannermani.....  Cameroon...............  Entire.................  E                     571           NA           NA
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
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 Ocean--           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.
Mollie H. Beattie,
Director, Fish and Wildlife Service.
[FR Doc. 95-832 Filed 1-11-95; 8:45 am]
BILLING CODE 4310-55-P