Monitoring after Delisting and
The Migratory Bird Treaty Act (MBTA)

MONITORING

Once the Aleutian Canada goose is removed from the list of threatened species protected by the Endangered Species Act (ESA), its status will continue to be monitored under the Act. Section 4(g)(1) of the ESA requires that the Secretary "implement a system in cooperation with the States to monitor effectively for not less than five years the status of all species which have recovered" and thus no longer require the protection of the Act. If, during this monitoring period, it is determined that the species is not maintaining the population levels and distribution that allowed it to be classified as recovered, the species could be relisted under the ESA.

The U.S. Fish and Wildlife Service (the Service) will design a monitoring plan to detect any such changes in the status of the Aleutian Canada goose. Sites at which this monitoring will take place will include the wintering grounds in Modesto, California; spring staging areas in northwestern California; wintering grounds near Pacific City, Oregon and the nesting islands in Alaska. In addition, Service biologists will pay special attention to the Semidi Island geese because this population has shown an unusually low level of productivity. The Service plans to monitor this breeding segment beyond the five years mandated by the ESA. These ongoing counts will take place annually on the wintering grounds and occasionally on the breeding grounds. In addition to monitoring the status of the Aleutian Canada goose in the United States, the Service intends to actively support and participate in the ongoing efforts to restore Aleutian Canada geese to Russia and Japan.

At the end of the five year monitoring period, the Service will review the available monitoring data to determine whether relisting, continuation of the monitoring program or termination of the program is appropriate.

MIGRATORY BIRD TREATY ACT (MBTA)

The finalization of the proposed delisting of the Aleutian Canada goose will not affect the protection provided to the species by the Migratory Bird Treaty Act of 1918 (MBTA). The MBTA is the domestic law that affirms, or implements, the United States' commitment to four international conventions with Canada, Japan, Mexico and Russia for the protection of shared migratory bird resources.

The MBTA governs the taking, killing, possession, transportation, and importation of migratory birds, their eggs, parts, and nests. The take of all migratory birds is governed by the MBTA's regulation of taking migratory birds for educational, scientific, and recreational purposes and requiring harvest to be limited to levels that prevent overutilization. Section 704 of the Migratory Bird Treaty Act states that the Secretary of the Interior is authorized and directed to determine if, and by what means, the take of migratory birds should be allowed and to adopt suitable regulations permitting and governing take. The Secretary, in adopting regulations, is to consider such factors as distribution and abundance in order to ensure that take is compatible with the protection of the species.

The MBTA prohibits the take, possession, import, export, transport, selling, purchase, barter, or offering for sale, purchase or barter, any migratory bird, their eggs, parts, and nests, except as authorized under a valid permit (50 CFR 21.11). Certain exceptions apply to employees of the Department of the Interior to enforce the MBTA and to employees of Federal agencies, State game departments, municipal game farms or parks, and public museums, public zoological parks, accredited institutional members of the American Association of Zoological Parks and Aquariums (now called the American Zoo and Aquarium Association) and public scientific or educational institutions.

The MBTA and its implementing regulations provide ample authority to consider the conservation of Aleutian Canada goose and protect against excessive take in the event ESA protection is removed. Protective measures could be expanded, if necessary, by promulgation of an additional regulation under MBTA.

-FWS-