Administrative

We are publishing a final list of the nonnative bird species that have been introduced by humans into the United States or its territories and to which the Migratory Bird Treaty Act (MBTA) does not apply. This action is required by the Migratory Bird Treaty Reform Act (MBTRA) of 2004. The MBTRA amends the MBTA by stating that it applies only to migratory bird species that are native to the United States or its territories, and that a native migratory bird is one that is present as a result of natural biological or ecological processes. This notice identifies those species that are not protected by the MBTA, even though they belong to biological families referred to in treaties that the MBTA implements, as their presence in the United States and its territories is solely the result of intentional or unintentional human-assisted introductions.

Brazil's Ratification of the Biodiversity Treaty: Decree No. 2, dated 3/2/94,

We, the Fish and Wildlife Service (the Service), propose to remove the bald eagle (Haliaeetus leucocephalus), from the List of Endangered and Threatened Wildlife in the lower 48 States of the United States. We propose this action because the available data indicate that this species has recovered. The recovery is due in part to habitat protection and management actions initiated under the Endangered Species Act. It is also due to reduction in levels of persistent organochlorine pesticides such as DDT occurring in the environment.

Section 4(g) of the Act requires the Service to monitor recovered species for at least 5 years following delisting. This rule describes our proposed post-delisting monitoring plan for bald eagles. Removal of the bald eagle as a threatened species under the Act will not affect the protection provided under the Bald and Golden Eagle Protection Act, the Migratory Bird Treaty Act, and many other state laws.

Identifies the Western Great Lakes Distinct Population Segment of the gray wolf and removes this Segment from the protection of the Endangered Species Act.  In accordance with court order, provides an explanation as to how simultaneously identifying and delisting a DPS is consistent with the Act's text, structure, policy objectives, legislative history, and any relevant judicial interpretations.

This final rule revises the general eagle permit restrictions applicable to American Indians and public institutions. This final regulation provides for the issuance of eagle permits for transportation of lawfully possessed eagle parts into or out of the United States only when the eagle parts have a religious purpose, or when a public institution transports eagle parts for scientific or exhibition purposes. In these cases, we will require that the eagle parts be returned to the country of origin. We make this revision to address concerns expressed by American Indians and public institutions who have sought our permission to allow international travel of lawfully possessed eagle parts or items containing eagle parts. We have carefully considered the needs of science and education, the religious protections guaranteed by the United States Constitution, and the recommendations made by those responding to the proposed rule providing for Eagle Transportation Permits for American Indians and Public Institutions published Thursday, June 16, 1994 (Federal Register (59 FR 30892)).

The FWS identifies the gray wolf in the Northern Rocky Mountains as a Distinct Population Segment (DPS) and removes this DPS from the List of Endangered and Threatened Wildlife, except in Wyoming.   The wolf population in this area is about 5 times higher than the minimum population recovery goal and 3 times higher than the minimum breeding pair recovery goal.  The gray wolf is not removed from the list in Wyoming because of inadequate regulatory mechanisms

This final decision establishes regulations to govern the taking of marine mammals incidental to commercial tuna purse seine fishing in the eastern tropical Pacific Ocean (ETP). The regulations provide for a general permit to be issued allowing the taking of a maximum of 20,500 porpoises, as apportioned into individual species and stock quotas, for each of the five years 1981- 1985.

Because of conflicts between preservation of golden eagle nests and resource development or recovery operations, particularly surface coal mining activities in the western States, Congress amended the Eagle Protection Act to authorize the Secretary of the Interior to issue regulations that permit the taking of golden eagle nests found on the site of those operations under certain circumstances. Under that authority, the Service amends its regulations under the Eagle Protection Act to permit the taking (i.e., collection, molestation, disturbance, or destruction) of golden eagle nests during resource development or recovery operations when the nests are inactive if the taking is compatible with the preservation of the area nesting population of golden eagles. Little or no long-term impact on area nesting populations of golden eagles is expected as a result of this action.

The Food Safety and Inspection Service (FSIS) is proposing to amend the Federal meat inspection regulations to allow ante-mortem inspection of disabled animals, and other animals unable to move, while the animals are still on a transport vehicle, if requested by the official establishment. Currently, the ante-mortem inspection of such animals may only be performed in designated, covered ante-mortem pens on the premises of an official establishment.  This proposal is intended to reduce the inhumane handling that may result when disabled animals, and other animals unable to move, are transferred from transport vehicles to the designated, covered ante-mortem pens for ante-mortem inspection.

NMFS is issuing a final rule that amends the definition of "take" under the Marine Mammal Protection Act (MMPA) to include feeding marine mammals in the wild, and adds a new definition of "feeding." As a result, feeding dolphins, porpoise, whales, seals and sea lions in the wild will be prohibited unless the feeding is incidental to another activity such as the routine discard of fish bycatch or discharges from processing plants or vessels.

This executive order affirms the executive's commitment to expediting the permit process through which Native Americans receive eagle feathers and parts for religious ceremonial service.  It specifically affirms the trust relationship between the government and tribal nations.

The Marine Mammal Protection Act (MMPA) Amendments of 1994 provided new authority to citizens of the United States to deter marine mammals from: Damaging fishing gear and catch; damaging private property; endangering public safety; or damaging public property. The Amendments require NMFS to publish a list of guidelines for use in safely deterring marine mammals and to prohibit deterrence measures that have a significant adverse impact on marine mammals. This proposed rule sets forth preliminary versions of the guidelines and prohibitions, and seeks public comment upon which to refine them.