Previously we have had some discussion regarding Mute Swan in
Idaho, focusing on both its presence and potential establishment, reasons it
is not on the official state checklist of birds, and also efforts to control
its spread. Forwarded below is a very informative post from CA BIRDS by
Kimball Garrett that we all should consider as we look at the status of Mute
Swan in this state:
Date: Wed, 5 Jan 2005 13:59:12 -0800 From:
"Kimball Garrett" <kgarrett@nhm.org>
Subject: RE: Status of Mute Swan in CA
Calbirders:
It is
clear that small numbers of Mute Swans occur throughout California (mainly
in coastal counties) and that a few pairs breed locally (particularly in
Marin Co. and elsewhere in the north Bay Area). Free-flying birds can be
seen almost anywhere and occasionally cause confusion by being identified
as Tundra or Trumpeter Swans.
It is currently the opinion of the
CBRC's Introduced Birds Subcommittee that Mute Swan populations in
California are not large enough, nor have any of the small populations
persisted long enough (except perhaps in Marin Co.), to warrant
consideration of the species on the state list as an established exotic.
As most of you are aware, the USFWS has been prevented from
eradicating or otherwise controlling naturalized Mute Swan populations
(which are doing considerable ecological damage on the Atlantic coast,
etc.) by a court ruling that the Migratory Bird Treaty Act applied to all
swans. [Once again, certain misguided animal rights groups were successful
in pushing an anti-environment agenda]. Thankfully, things are looking
more hopeful, as an amendment to the Migratory Bird Treaty Act was
published in yesterday's (4 January 2005) Federal Register that
explicitly excludes Mute Swans and other non-native species from MBTA
protection. Not wanting to clutter up Calbirds, I haven't pasted the
entire text from the Federal Register below, but interested parties can
check the Federal Register announcement on their own (sorry, I don't
have a link handy).
Below is just a SMALL PORTION of the Federal
Register text; your comments in support of this amendment (see procedure
below) would be helpful.
Published in the Federal Register today
(4 January 2005), pursuant to legislative mandate: the USFWS proposed list
of bird species to be EXCLUDED under the Migratory Bird Treaty Act.
The legislative mandate is that provision of the FY2005 Omnibus
Appropriations Act that incorporates what was HR4114, a bill introduced
by Wayne Gilchrest (R-MD) to amend the Migratory Bird Treaty Act so as
to exclude non-native species. That legislation directed the USFWS to
publish "Not later than 90 days after the date of enactment of this
section....a list of all nonnative, human-introduced bird species to
which the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.) does not
apply." Said legislation in turn being a response to the decision of a
federal appellate court that under the terms of the Migratory Bird
Treaty with Canada and in the absence of regulation by the USFWS to the
contrary, Mute Swans could not be excluded from MBTA protection. The
Congress responded by amending the MBTA to provide that: (1) IN
GENERAL- This Act applies only to migratory bird species that are native
to the United States or its territories. (2) NATIVE TO THE UNITED STATES
DEFINED (A) IN GENERAL- Subject to subparagraph (B), in this subsection
the term `native to the United States or its territories' means occurring
in the United States or its territories as the result of natural
biological or ecological processes. (B) TREATMENT OF INTRODUCED
SPECIES- For purposes of paragraph (1), a migratory bird species that
occurs in the United States or its territories solely as a result of
intentional or unintentional human-assisted introduction shall not be
considered native to the United States or its territories unless-- (i)
it was native to the United States or its territories and extant in 1918;
(ii) it was extirpated after 1918 throughout its range in the United
States and its territories; and (iii) after such extirpation, it was
reintroduced in the United States or its territories as a part of a
program carried out by a Federal agency.'.
COMMENTS DUE ON OR
BEFORE 3 FEBRUARY 2005.
Mail public comments to Chief, Division of
Migratory Bird Management, U.S. Fish and Wildlife Service, 4401 North
Fairfax Drive, Mail Stop 4107, Arlington, VA 22203.
Kimball L. Garrett Ornithology
Collections Manager Natural History Museum of Los Angeles County 900
Exposition Blvd. Los Angeles CA 90007 (213) 763-3368 (213)
746-2999 FAX kgarrett@nhm.org
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