[TN-Bird] Listing of bird species not protected under MBTA

From: "Michael Roedel" <Michael.Roedel@xxxxxxxxxxx>
To: <tn-bird@xxxxxxxxxxxxx>
Date: Tue, 15 Mar 2005 15:47:42 -0600
This listing can be accessed directly at
http://migratorybirds.fws.gov/issues/nonnative/MBTA-Protected&NonprotectedSpecies.htm
 
Michael Roedel, TWRA State Ornithologist, Nashville, TN
 
March 15, 2005
 
FWS SERVICE PUBLISHES FINAL LIST OF NON-NATIVE BIRD SPECIES
 
The U.S. Fish and Wildlife Service today published in the Federal
Register a final list of the bird species to which the Migratory Bird
Treaty Act (MBTA) does not apply because they are not native to the
United States and have been introduced by humans everywhere they occur
in the nation. The list is required by the Migratory Bird Treaty Reform
Act of 2004.
 
Most migratory bird species in the United States are protected by the
MBTA, which prohibits take of protected species, their nests and eggs
except as permitted by regulation. The MBTA implements treaties for the
protection of shared migratory bird resources signed by the United
States with Canada, Japan, Mexico, and Russia.
 
"By declaring that the MBTA does not apply to nonnative
human-introduced species, the Reform Act has restored the historic
status of the MBTA and enabled State and Federal Agencies to resume
effective management of native wildlife populations," said Service
Director Steve Williams.
 
Williams noted that the publication of today's final list is for public
information purposes only as required by the Reform Act and has no legal
effect.
 
The actual list of migratory birds protected by the MBTA is published
in the Code of Federal Regulations (Title 50, Part 10.13). When it
became law late last year, the Reform Act excluded any species from
protection not specifically included on the Title 50, Part 10 list.
 
Of the 125 species on the final list of species exempt from MBTA
regulation, only 17 are known to have established self-sustaining
breeding populations in the United States.  Only one of the 125 species
has ever been treated as federally protected under the MBTA.  The mute
swan was afforded protection beginning in December 2001 by order of a
Federal court. Other prominent and well-known species on the list are
the Eurasian collared-dove and rock pigeon.
 
The exclusion of these species from the MBTA does not change the
protections that they might receive under other laws or treaties such as
the Convention on International Trade in Endangered Species of Wild
Fauna and Flora (CITES), the Endangered Species Act, or the Wild Bird
Conservation Act.  In addition, States and communities may protect
nonnative, human-introduced species at their discretion.
 
Numerous other introduced species--including such widely distributed
species as ring-necked pheasant, European starling, and house
sparrow--don't belong to families covered by the MBTA and thus are not
affected by this notice.
 
The notice is available on the Internet at
http://migratorybirds.fws.gov .

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[TN-Bird] Listing of bird species not protected under MBTA

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