FISH & WILDLIFE SERVICE Removes Neophema Spp
from CBW Requirement
On Wings, September 1998, Volume 4:9
(with some additional information)
The Neophemas, or grass parakeets, exempted are the turquoisine N pulchella and the scarlet-chested, or splendid, N splendida. Thanks to the World Wildlife Fund's 1991 Psittacine Captive Breeding Survey, done in conjunction with the American Federation of Aviculture, it was demonstrated that these species are well-represented in captivity and are breeding well. Survival of these species seems assured if inbreeding can be minimized. As of 1991, 114 pairs of N splendida hatched 337 eggs; sixty-one pairs of N punchella hatched 266. Pheasants removed from CBW permit requirements include the bar-tailed pheasant Syrmaticus humiae, Elliot's pheasant S. ellioti, Mikado pheasant S. mikado, brown eared pheasant Crossopilon manichuricum, white eared pheasant C. crossoptilon, cheer pheasant Catreus wallichii, Edward's pheasant Lophura edwardsi, Swinhoe's pheasant L. swinhoii, Chinese monal Lophophorus lhuysii, and Palawan peacock pheasant Polyplecteron emphanum, for the same reasons.
"In addition, the Service has announced that it will, in the near future, propose a new rule setting criteria for the orderly listing and de listing of taxa under CBW regulation. Current CBW holders working with affected species will no longer need their permits, and annual reports will no longer be required. Pending permits will not be further processed."
"In the near future, the Service will propose a new rule that sets criteria for adding or deleting taxa from the list exempted from the CBW registration requirements. The Service will solicit comments from the public on the proposed rule to ensure that the proposal is as accurate and effective as possible."
The Secretary of the Interior was given authority under the Endangered Species Act to regulate permit matters relating to endangered species. He has delegated that authority to the Fish and Wildlife Service. The Service believes that the Endangered Species Act is best served by protecting species in the wild, along with their habitats. Once an individual of a species has been removed from the wild, it retains its role in the survival of its species for potential restocking purposes only to the extent that its genetic integrity is retained.
The Service initiated its CBW registration system in 1979. The registration system allows interstate purchase and sale of certain non-native endangered or threatened wildlife only between parties that hold a registration permit for that species. Commercial commerce in these species is not permitted under a CBW permit.
By 1993, they issued a proposed rule aimed at eliminating the registration requirement for several species abundant in captive breeding in the U.S. Later that same year it published final rule eliminating 'public education through exhibition of living wildlife' as the 'sole' justification for issuance of a CBW permit, pursuant to the Service's belief that its proper role was in the encouragement of responsible breeding for the purposes of enhancement of species conservation.
CBW Permit Requirements Are Waived for these two Neophema Parakeets
although the neophemas must now be delisted and removed from the ESA list
For further information, see:
Federal Register: May 29, 2001; Volume 66, Number 103; Proposed Rules; pp. 29072-29074; 50 CFR Part 15 Wild Bird Conservation Act; Review of Approved List of Captive-bred Species. Notice of Review
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce a review of all approved captive-bred species listed in the Approved List of Captive-bred Species as provided for in the Wild Bird Conservation Act (WBCA) of 1992. The WBCA requires periodic review of the list. The purpose of the review is to ensure that the list accurately reflects the most current status information for each listed species. We request comments that will provide us with the most current scientific and trade information available on these listed species as well as similar information on species that may warrant consideration for inclusion in the list. If inclusion of a species in the list is not consistent with the best scientific and trade information available at the conclusion of this review, we will change the list accordingly.
The Approved List of Captive-bred Species under the WBCA is a list of bird species that are included in the appendices of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), and which exist in international trade only as captive-bred specimens. The listing criteria are described in 50 CFR 15.31-15.32 and the list is presented in 50 CFR 15.33. A WBCA permit is not required if an exotic bird species is listed in the Approved List of Captive-bred Species. We periodically review and update the list. To be included in the list, a species must meet the following criteria:
(a) All specimens of the species known to be in trade (legal or illegal) must be captive bred;
(b) No specimens of the species may be removed from the wild for commercial purposes;
(c) Any importation of the species must not be detrimental to the survival of the species in the wild; and
(d) Adequate enforcement controls must be in place to ensure compliance.
Where Can the Approved List of Captive-Bred Species Be Found?
The Approved Species List of Captive-bred Species can be found in 50 CFR 15.33. The list is also available on the World Wide Web at http://international.fws.gov/global/wbcaacbs.html. This list contains the names of species of captive-bred exotic birds for which importation into the United States is not prohibited by the WBCA.
Although the WBCA also contains provisions for an approved list of wild-caught birds harvested under approved sustainable-use management plans, and also allows imports from qualifying overseas breeding facilities, those lists have not yet been established. The Approved List of Captive-bred Species currently contains the following species that are subject to this review, although other species may be added if information is received to show that they qualify.
Federal Register: September 2, 2003; Volume 68, Number 169; Proposed Rules; pp. 52169-52173; 50 CFR Part 17; Endangered and Threatened Wildlife and Plants; Proposed Removal of the Scarlet-chested Parakeet and Turquoise Parakeet from the List of Endangered and Threatened Wildlife
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), propose to remove the scarlet-chested parakeet (Neophema splendida) and the turquoise parakeet (Neophema pulchella) from the List of Endangered and Threatened Wildlife established under the Endangered Species Act of 1973, as amended (Act), because the endangered designation no longer correctly reflects the current conservation status of these birds. Our review of the status of these species shows that the wild populations of these species are stable or increasing, trade in wild-caught specimens is strictly limited, and the species are protected through domestic regulation within the range country (Australia) and through additional national and international treaties and laws. This determination is based on available data indicating that these species have recovered.
The scarlet-chested parakeet and the turquoise parakeet of the genus Neophema are listed under the Endangered Species Act of 1973 (Act) (16 U.S.C. 1531 et seq.) as endangered throughout their entire ranges. The scarlet-chested parakeet was listed on December 2, 1970 (35 FR 18320). The turquoise parakeet was listed on June 2, 1970 (35 FR 8495). Both species were originally listed under the Endangered Species Conservation Act of 1969 (Pub. L. 91-135, 83 Stat. 275 (1969)) as part of a list of species classified as endangered. This list was absorbed into the current Act. The endangered listing under the Act prohibits imports, exports, and re-exports of the species into or out of the United States as well as interstate and foreign commerce. On July 1, 1975, the scarlet-chested parakeet was placed in Appendix II of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES; 42 FR 10465; February 22, 1977). On June 6, 1981, the turquoise parakeet was also added to CITES Appendix II. Listing in CITES Appendix II allows for regulated commercial trade based on certain findings. Furthermore, because no wild-caught specimens of these two species are in international trade, and they only occur in trade as captive-bred specimens, they were included in the approved list of captive-bred species under the regulations of the Wild Bird Conservation Act of 1992 (WBCA; 16 U.S.C. 4901-4916). Inclusion in this list allows for imports of these species without requiring a WBCA permit.
On September 22, 2000, we announced a review of all endangered and threatened foreign species in the Order Psittaciformes (parrots, parakeets, macaws, cockatoos, and others; also known as psittacine birds) listed under the Act (65 FR 57363). Section 4(c)(2) of the Act requires such a review at least once every 5 years. The purpose of the review is to ensure that the Lists of Endangered and Threatened Wildlife (50 CFR 17.11) accurately reflect the most current status information for each listed species. We requested comments and the most current scientific or commercial information available on these species, as well as information on other species that may warrant future consideration for listing. If the present classification of species is not consistent with the best scientific and commercial information available at the conclusion of this review, we may propose changes to the list accordingly. One commenter suggested that we review the listing of these species and provided enough scientific information, including information and correspondence with Australian Government officials, to merit review of these species by the Service.
Commercial exports of these species from Australia have been prohibited since 1962. The prohibition is covered under Australia's Environment Protection and Biodiversity Act 1999. Although there are recommended actions for protection of both species under The Action Plan for Australian Birds 2000 (Garnett and Crowley 2000), Australian has no recovery plan for either. Both species are, however, protected by State legislation and may not be trapped from the wild for commercial purposes.
Effects of This Rule
This rule, if made final, would revise 50 CFR 17.11(h) to remove the scarlet-chested parakeet and the turquoise parakeet from among the species included in the List of Endangered and Threatened Wildlife. Because no critical habitat was ever designated for these species, this rule would not affect 50 CFR 17.95.If these species are removed from the List of Endangered and Threatened Wildlife, Endangered Species Act protection would no longer apply. The Endangered Species Act currently prohibits the export, import, and interstate commerce of specimens unless certain biological and legal criteria are met, including a demonstrable benefit to the wild population. However, the protections under the Lacey Act and the Wild Bird Conservation Act (for wild-caught specimens only) would remain unchanged. These species are prohibited from commercial export by the Government of Australia and receive additional domestic protection through the Australian States. Removing these species from the List of Endangered and Threatened Wildlife does not alter or supersede their designations as near threatened (turquoise parakeet) and least concern (scarlet-chested parakeet) by the Government of Australia. In addition, removing them from the List will not increase the level of trade in wild-caught specimens or decrease the level of protection provided by CITES.
Federal Register: April 23, 2007; Volume 72, Number 77; Proposed Rules; pp. 20183-20210
Endangered and Threatened Wildlife and Plants; Annual Notice of Findings on Resubmitted Petitions for Foreign Species; Annual Description of Progress on Listing Actions; Proposed Rule
SUMMARY: In this review, we announce our annual petition findings for foreign species, as required under section 4(b)(3)(C)(i) of the Endangered Species Act of 1973, as amended. When, in response to a petition, we find that listing a species is warranted but precluded, we must complete a new status review each year until we publish a proposed rule or make a determination that listing is not warranted. These subsequent status reviews and the accompanying 12-month findings are referred to as ``resubmitted'' petition findings.
Information contained in this review describes our status review of 56 foreign taxa that were the subjects of previous warranted-but-precluded findings. Based on our review, we find that 50 species continue to warrant listing, but that their listing remains precluded by higher-priority listing actions (see Table 1). For six species previously found to be warranted but precluded, listing is now warranted. We will promptly publish a listing proposal for those six species.
With this review, we are requesting additional status information for the 50 species that remain warranted-but-precluded by higher priority listing actions. We will consider this information in preparing listing documents and future resubmitted petition findings. This information will also help us to monitor the status of the taxa and in conserving them.
Federal Register: July 29, 2008; Volume 73, Number 146; Proposed Rules; pp. 44061-44099; Endangered and Threatened Wildlife and Plants; Annual Notice of Findings on Resubmitted Petitions for Foreign Species; Annual Description of Progress on Listing Actions; Proposed Rule
"We are also making a final determination on whether to delist the scarlet-chested parakeet (Neophema splendida) and the turquoise parakeet (Neophema pulchella)."
SUMMARY: In this notice of review, we announce our annual petition findings for foreign species, as required under section 4(b)(3)(C)(i) of the Endangered Species Act of 1973, as amended. When, in response to a petition, we find that listing a species is warranted but precluded, we must complete a new status review each year until we publish a proposed rule or make a determination that listing is not warranted. These subsequent status reviews and the accompanying 12-month findings are referred to as ``resubmitted'' petition findings.
Information contained in this notice describes our status review of 50 foreign taxa that were the subjects of previous warranted-but-precluded findings, most recently summarized in our 2007 Notice of Review (72 FR 20184). Based on our current review, we find that 20 species (see Table 1) continue to warrant listing, but that their listing remains precluded by higher-priority listing actions. For 30 species previously found to be warranted but precluded, the petitioned action is now warranted. We will promptly publish listing proposals for those 30 species.
Federal Register: August 12, 2009; Volume 74, Number 154; Proposed Rules; pp. 40540-40560 Endangered and Threatened Wildlife and Plants; Annual Notice of Findings on Resubmitted Petitions for Foreign Species; Annual Description of Progress on Listing Actions
SUMMARY: In this notice of review, we announce our annual petition findings for foreign species, as required under section 4(b)(3)(C)(i) of the Endangered Species Act of 1973, as amended. When, in response to a petition, we find that listing a species is warranted but precluded by higher priority listing actions, we must complete a new status review each year until we publish a proposed rule or make a determination that listing is not warranted. These subsequent status reviews and the accompanying 12-month findings are referred to as ``resubmitted'' petition findings.
Information contained in this notice describes our status review of 20 foreign taxa that were the subjects of previous warranted-but-precluded findings, most recently summarized in our 2008 Notice of Review. Based on our current review, we find that 20 species (see Table 1) continue to warrant listing, but that their listing remains precluded by higher priority listing actions.
With this annual notice of review (ANOR), we are requesting additional status information for the 20 taxa that remain warranted but precluded by higher priority listing actions. We will consider this information in preparing listing documents and future resubmitted petition findings for these 20 taxa. This information will also help us to monitor the status of the taxa and in conserving them.
