[mou] Birds excluded from migratory bird treaty act

[MARTELL, Mark]

March 15, 2005 Contact: Nicholas Throckmorton, (202) 208-5636
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/> .

Mark Martell
Director of Bird Conservation
Audubon Minnesota
2357 Ventura Drive #106
St. Paul, MN 55125
651-739-9332
651-731-1330 (FAX)