Federal Register / Vol. 60, No. 8 / Thursday, January 12, 1995 / Rules and Regulations 2899

Issued on January 5, 1995.

Ricardo Martinez,

Administrator.

[FR Doc. 95–751 Filed 1–11–95; 8:45 am]

BILLING CODE 4910–59–P

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.

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 whitebreasted 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
2900 Federal Register / Vol. 60, No. 8 / Thursday, January 12, 1995 / Rules and Regulations

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 mid19th 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 fishhunting 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 grounddwelling, 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 mediumsized 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
Federal Register / Vol. 60, No. 8 / Thursday, January 12, 1995 / Rules and Regulations 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 largescale 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).
2902 Federal Register / Vol. 60, No. 8 / Thursday, January 12, 1995 / Rules and Regulations

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 nectarfeeding 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 darkcolored, 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 wellknown 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
Federal Register / Vol. 60, No. 8 / Thursday, January 12, 1995 / Rules and Regulations 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 serpenteagle 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 § 17.11(h) by adding the

following, in alphabetical order under

BIRDS, to the List of Endangered and

Threatened Wildlife:

§ 17.11 Endangered and threatened

wildlife.

* * * * *

(h) * * *

Species

Historic range

Vertebrate population where endangered or threatened

Status When listed Critical

habitat

Special

rules Common name Scientific name

* * * * * * *

BIRDS

* * * * * * *

Albatross, Amsterdam.

Diomedia

amsterdamensis.

Indian Ocean—Amsterdam Island.Entire ..................... E 571 NA NA

* * * * * * *

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 rostrata.

Indian Ocean—

Seychelles.

Entire ..................... E 571 NA NA

* * * * * * *

Eagle, Madagascar

sea.

Haliaeetus

vociferoides.

Madagascar ............ Entire ..................... E 571 NA NA

* * * * * * *

Eagle, Madagascar

serpent.

Eutriorchis astur ..... Madagsacar ............ Entire ..................... E 571 NA NA

* * * * * * *

Fody, Mauritis .......... Foudia rubra ........... Indian Ocean—

Mauritius.

Entire ..................... E 571 NA NA
2904 Federal Register / Vol. 60, No. 8 / Thursday, January 12, 1995 / Rules and Regulations

Species

Historic range

Vertebrate population where endangered or threatened

Status When listed Critical

habitat

Special

rules Common name Scientific name

* * * * * * *

Fody, Rodrigues ...... Foudia flavicans ..... Indian Ocean—

Mauritius

(Rodrigues Island).

Entire ..................... E 571 NA NA

* * * * * * *

Francolin, Djibouti ... Francolinus

ochropectus.

Djibouti ................... Entire ..................... E 571 NA NA

* * * * * * *

Grebe, Alaotra ......... Tachybaptus

rufoflavatus.

Madagascar ............ Entire ..................... E 571 NA NA

* * * * * * *

Guineafowl, whitebreasted.Agelastes

meleagrides.

West Africa ............. Entire ..................... T 571 NA NA

* * * * * * *

Lark, Raso ............... Alauda razae .......... Atlantic Ocean—

Cape Verde

(Raso Island).

Entire ..................... E 571 NA NA

* * * * * * *

Malimbe, Ibadan

(weaver finch).

Malimbus

ibadanensis.

Nigeria .................... Entire ..................... E 571 NA NA

* * * * * * *

Nuthatch, Algerian ... Sitta ledanti ............ Algeria .................... Entire ..................... E 571 NA NA

* * * * * * *

Oystercatcher,

Canarian black.

Haematopus

meadewaldoi.

Atlantic Ocean—Canary Islands.Entire ..................... E 571 NA NA

* * * * * * *

Parrot, Seychelles

lesser vasa.

Coracopsis nigra

barklyi.

Indian Ocean—

Seychelles

(Praslin Island).

Entire ..................... E 571 NA NA

* * * * * * *

Petrel, Madeira

(=freira).

Pterodroma madeira Atlantic Ocean—

Madeira Island.

Entire ..................... E 571 NA NA

* * * * * * *

Petrel, Mascarene

black.

Pterodroma

aterrima.

Indian Ocean—

Mauritius (Reunion Island).

Entire ..................... E 571 NA NA

* * * * * * *

Pigeon, pink ............ Columba

(=Nesoenas)

mayeri.

Indian Ocean—

Mauritius.

Entire ..................... E 571 NA NA

* * * * * * *

Pigeon, White-tailed

laurel.

Columba junoniae .. Atlantic Ocean—Canary Islands.Entire ..................... T 571 NA NA

* * * * * * *

Pochard, Madagascar.

Aythya innotata ...... Madagascar ............ Entire ..................... E 571 NA NA

* * * * * * *

Robin, dappled

mountain.

Arcanator

(=Modulatrix)

orostruthus.

Mozambique, Tanzania.Entire ..................... T 571 NA NA

* * * * * * *

Sunbird, Marungu .... Nectarinia prigoginei Zaire ....................... Entire ..................... E 571 NA NA
Federal Register / Vol. 60, No. 8 / Thursday, January 12, 1995 / Rules and Regulations 2905

Species

Historic range

Vertebrate population where endangered or threatened

Status When listed Critical

habitat

Special

rules Common name Scientific name

* * * * * * *

Thrush, Taita ........... Turdus olivaceus

helleri.

Kenya ..................... Entire ..................... E 571 NA NA

* * * * * * *

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),

Aldabra.

Nesillas aldabranus Indian Ocean—

Seychelles

(Aldabra Island).

Entire ..................... E 571 NA NA

* * * * * * *

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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 625

[I.D. 010395A]

Summer Flounder Fishery

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration, (NOAA),

Commerce.

ACTION: Notification of commercial

quota transfer.

SUMMARY: NMFS announces that the

State of Maryland is transferring 50,000

lb (22,680 kg) of commercial summer

flounder quota to the State of New York.

NMFS announces the adjustment of

these states’ quotas.

EFFECTIVE DATE: December 30, 1994.

FOR FURTHER INFORMATION CONTACT:

Hannah Goodale, 508–281–9101.

SUPPLEMENTARY INFORMATION:

Regulations implementing Amendment

2 to the Fishery Management Plan for

the Summer Flounder Fishery (FMP) are

found at 50 CFR part 625. The

regulations require annual specification

of a commercial quota that is

apportioned among the coastal states

from North Carolina through Maine. The

process used to set the annual

commercial quota, adjust for overages,

and the percent allocated to each state

is described in § 625.20.

Transfers of commercial quota are

authorized under Amendment 5 to the

FMP (58 FR 65936, December 17, 1993)

which allows two or more states, under

mutual agreement and with the

concurrence of the Director, Northeast

Region, NMFS, (Regional Director) to

transfer or combine summer flounder

commercial quota. The Regional

Director is required to consider the

criteria set forth in § 625.20(f)(1) in the

evaluation of requests for quota transfers

or combinations.

The Regional Director is further

required to publish notification in the

Federal Register advising a state, and

notifying Federal vessel permit and

dealer permit holders, that effective

upon a specific date, a portion of a

state’s commercial quota has been

transferred to or combined with the

commercial quota of another state.

The States of Maryland and New York

have mutually agreed to transfer 50,000

lb (22,680 kg) of 1994 commercial quota

from Maryland to New York, and the

Regional Director has concurred.

The Regional Director has determined

that the criteria set forth in § 625.20(f)

have been met, and publishes this

notification of quota transfer. This

action revises the quotas for the

calendar year 1994.

Classification

This action is taken under 50 CFR

part 625 and is exempt from review

under E.O. 12866.

Authority: 16 U.S.C. 1801 et seq.

Dated: January 6, 1995.

David S. Crestin,

Acting Director, Office of Fisheries

Conservation and Management, National

Marine Fisheries Service.

[FR Doc. 94–796 Filed 1–11–94; 8:45 am]

BILLING CODE 3510–22–F

50 CFR Parts 672 and 675

[Docket No. 900833–1095; I.D. 010395B]

Groundfish of the Gulf of Alaska;

Groundfish Fishery of the Bering Sea

and Aleutian Islands Area; Bycatch

Rate Standards for the First Half of

1995

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Pacific halibut and red king crab

bycatch rate standards; request for

comments.

SUMMARY: NMFS announces Pacific

halibut and red king crab bycatch rate

standards for the first half of 1995.