Questions
and Answers Final List of Bird Species to
Doesn’t This Action Undermine the Purpose and Intent of the Migratory Bird Treaty Act? No. It actually clarifies and restores the original purpose of the MBTA–the conservation and protection of migratory birds native to the United States. It will allow Federal and State agencies to effectively manage introduced species at levels that do not conflict with their obligations to conserve native species and habitats. With the possible exception of the mute swan (in which an essentially sedentary population in the lower Great Lakes may make regular local movements between the U.S. and Canada), none of the species on the list migrate between the U.S. and any other nation, particularly the signatory nations of Canada, Japan, Mexico, and Russia.
Isn’t the Identification of Nonnative Species Ambiguous and Arbitrary? Actually, the process of determining the origin, or provenance, of free-flying bird species detected in the United States or its territories is fairly straight-forward. Information considered includes known native range, known migratory behavior and tendency to wander, known occurrence of the species in captivity, and known history of intentional releases or escapes into the wild. In the few instances in which there may be some uncertainty about the origin or provenance of individuals of some species that appear in the United States, the most plausible or reasonable explanation is usually that it represents an intentional introduction or escape from captivity rather than natural vagrancy. There is broad consensus within the bird conservation and scientific communities as to the species which are nonnative. We have documented the nonnative status of each species included on the list.
Doesn’t This Action Put Imperiled Species At Greater Risk? No. The exclusion of these species from the Migratory Bird Treaty Act has no effect on the protections that these species might receive under other conservation agreements. The protections that several of these species now receive under such agreements 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 will continue unabated.
Doesn’t This Action Remove an Important Protection for the Conservation of These Species? No. Of the 125 species listed in the notice, only one has ever been treated as Federally protected in the 87-year history of the MBTA. In December 2001, the United States Court of Appeals for the District of Columbia Circuit ruled that the Canadian and Mexican conventions appeared to apply to mute swans and invalidated the Service’s list of species covered by the MBTA to the extent that it excluded mute swans. Despite the lack of Federal protection, 17 of the 113 nonnative human-introduced species (including mute swan) have thrived to the degree that they have established self-sustaining populations in the United States or its territories, and several of them exhibit characteristics of invasive species (i.e., species capable of causing economic or ecological damage in their new environment).
What Is the Status–In the United States or Its Territories–of the 125 Species Determined to be Nonnative and Therefore Exempt from the Migratory Bird Treaty Act?
· 20 were intentionally introduced, but populations were not established · 17 occurred as introductions or escapes prior to MBTA protection (not currently present) · 17 are established, with self-sustaining breeding populations · 12 are frequent escapes from captive facilities · 2 were formerly established, but are now extirpated · 1 is possibly established What Families of Birds Are Covered by the Migratory Bird Conventions With Canada, Japan, Mexico, and Russia?
What Families of Birds Are Not Covered by Any of the Migratory Bird Conventions Implemented by the Migratory Bird Treaty Act? · Cracidae (chachalacas) · Phasianidae (grouse, ptarmigan, and turkeys) · Odontophoridae (New World quail) · Burhinidae (thick-knees) · Glareolidae (pratincoles) · Pteroclididae (sandgrouse) · Psittacidae (parrots) · Todidae (todies) · Dicruridae (drongos) · Meliphagidae (honeyeaters) · Monarchidae (monarchs) · Pycnonotidae (bulbuls) · Sylviinae (Old World warblers, except as listed in Russian treaty) · Muscicapidae (Old World flycatchers, except as listed in Russian treaty) · Timaliidae (babblers and wrentits) · Zosteropidae (white-eyes) · Sturnidae (starlings, except as listed in Japanese treaty) · Coerebidae (bananaquits) · Passeridae (Old World sparrows) · Ploceidae (weavers) · Estrildidae (estrildid finches) · numerous other families not represented in the United States or its territories
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