Endangered and Threatened Wildlife and Plants; Proposed Rule To List the Short-Tailed Albatross as Endangered in the United States

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AE91

Endangered and Threatened Wildlife and Plants; Proposed Rule To

List the Short-Tailed Albatross as Endangered in the United States

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: Under the authority of the Endangered Species Act (Act) of

1973, as amended, the U.S. Fish and Wildlife Service (Service) proposes

to extend endangered status for the short-tailed albatross (Phoebastria

albatrus) to include the species' range within the United States. As a

result of an administrative error in the original listing, the short-

tailed albatross is currently listed as endangered throughout its range

except in the U.S. Short-tailed albatrosses range throughout the North

Pacific Ocean and north into the Bering Sea during the non-breeding

season, and breeding colonies were historically present on islands in

Taiwan. Originally numbering in the millions, the worldwide population

of breeding age birds is currently approximately 500 individuals and

the worldwide total population is less than 1000 individuals. There are

no breeding populations of short-tailed albatrosses in the U.S., but

several individuals have been regularly observed during the breeding

season on Midway Atoll in the Northwestern Hawaiian Islands. Current

threats to the species include destruction of habitat by volcanic

eruption or mud or land slides caused by monsoon rains, and demographic

or genetic vulnerability due to low population size and limited

breeding distribution. Longline fisheries, plastics ingestion,

contaminants, and airplane strikes may also be factors affecting the

species' conservation. This proposal, if made final, would implement

the Federal protection and recovery provisions provided by the Act for

individuals when they occur in the U.S.

s, and demographic

or genetic vulnerability due to low population size and limited

breeding distribution. Longline fisheries, plastics ingestion,

contaminants, and airplane strikes may also be factors affecting the

species' conservation. This proposal, if made final, would implement

the Federal protection and recovery provisions provided by the Act for

individuals when they occur in the U.S.

DATES: Comments from all interested parties must be received by March

2, 1999. Public hearing requests must be received by December 17, 1998.

ADDRESSES: Comments and materials concerning this proposal should be

sent to the Field Supervisor, Anchorage Field Office, U.S. Fish and

Wildlife Service, 605 West 4th Avenue, Room G-62, Anchorage, AK 99501

(telephone 907/271-2787). Comments and materials received will be

available for public inspection, by appointment, during normal business

hours at the above address.

FOR FURTHER INFORMATION CONTACT: Greg Balogh, Endangered Species

Biologist (telephone 907/271-2778).

SUPPLEMENTARY INFORMATION:

Background

Taxonomy

George Steller made the first record of the short-tailed albatross

in the 1740s. The type specimen for the species was collected offshore

of Kamchatka, Russia, and was described in 1769 by P.S. Pallas in

Spicilegia Zoologica (AOU 1983). In the order of tube-nosed marine

birds, Procellariiformes, the short-tailed albatross is classified

within the family Diomedeidae. Until recently, it had been assigned to

the genus Diomedea. Following the results of genetic studies by Nunn et

al. (1996), the family Diomedeidae was arranged in four

genera. The genus Phoebastria, North Pacific albatrosses, now includes

the short-tailed albatross, the Laysan albatross (P. immutabilis), the

black-footed albatross (P. nigripes), and the waved albatross (P.

irrorata)(AOU 1997).

Description

it had been assigned to

the genus Diomedea. Following the results of genetic studies by Nunn et

al. (1996), the family Diomedeidae was arranged in four

genera. The genus Phoebastria, North Pacific albatrosses, now includes

the short-tailed albatross, the Laysan albatross (P. immutabilis), the

black-footed albatross (P. nigripes), and the waved albatross (P.

irrorata)(AOU 1997).

Description

The short-tailed albatross is a large pelagic bird with long narrow

wings adapted for soaring just above the water surface. The bill is

disproportionately large compared to other northern hemisphere

albatrosses and is pink and hooked with a bluish tip, has external

tubular nostrils, and a thin but conspicuous black line extending

around the base. Adult short-tailed albatrosses are the only North

Pacific albatross with an entirely white back. The white head develops

a yellow-gold crown and nape over several years. Fledged juveniles are

dark brown-black, but soon obtain pale bills and legs that distinguish

them from black-footed and Laysan albatrosses (Tuck 1978, Roberson

1980).

Historical Distribution

The short-tailed albatross once ranged throughout most of the North

Pacific Ocean and Bering Sea, with known nesting colonies on the

following islands: Torishima in the Seven Islands of Izu Group in

Japan; Mukojima, Nishinoshima, Yomeshima, and Kitanoshima in the Bonin

Islands of Japan; Kita-daitojima, Minami-daitojima, and Okino-daitojima

of the Daito group of Japan; Senkaku Retto of southern Ryukyu Islands

of Japan, including Minami-kojima, Kobisho and Uotsurijima; Iwo Jima in

the western Volcanic Islands (Kazan-Retto) of Japan; Agincourt Island,

Taiwan; and Pescadore Islands, of Taiwan, including Byosho Island

(Hasegawa 1979, King 1981). Other undocumented nesting colonies may

have existed. For example, recent observations together with records

from the 1930s, suggest that short-tailed albatross may have once

nested on Midway Atoll, USA

d Uotsurijima; Iwo Jima in

the western Volcanic Islands (Kazan-Retto) of Japan; Agincourt Island,

Taiwan; and Pescadore Islands, of Taiwan, including Byosho Island

(Hasegawa 1979, King 1981). Other undocumented nesting colonies may

have existed. For example, recent observations together with records

from the 1930s, suggest that short-tailed albatross may have once

nested on Midway Atoll, USA. No confirmed historical breeding accounts

are available for this area, however.

Early naturalists, such as Turner and Chamisso, believed that

short-tailed albatrosses bred in the Aleutian Islands because high

numbers of birds were seen nearshore during the summer and fall months

(Yesner 1976). Alaska Aleut lore referred to local breeding birds and

explorer O. Von Kotzebue reported that Natives harvested short-tailed

albatross eggs. However, while adult bones were found in Aleut middens,

fledgling remains were not recorded in over 400 samples (Yesner 1976).

Yesner (1976) believed that short-tailed albatrosses did not breed in

the Aleutians but were harvested offshore during the summer, non-

breeding season. Given the midwinter constraints on breeding at high

latitudes and the known southerly location of winter breeding, it is

highly unlikely that these birds ever bred in Alaska (Sherburne 1993).

Additional historical information on the species' range away from

known breeding areas is scant. Evidence from archeological studies in

middens suggests that hunters in kayaks had access to an abundant

nearshore supply of short-tailed albatrosses from California north to

St. Lawrence Island as early as 4000 years ago (Howard and Dodson 1933,

Yesner and Aigner 1976, Murie 1959). In the 1880s and 1890s, short-

tailed albatross abundance and distribution during the non-breeding

season was generalized by statements such as ``more or less numerous''

in the vicinity of the Aleutian Islands (Yesner 1976)

ore supply of short-tailed albatrosses from California north to

St. Lawrence Island as early as 4000 years ago (Howard and Dodson 1933,

Yesner and Aigner 1976, Murie 1959). In the 1880s and 1890s, short-

tailed albatross abundance and distribution during the non-breeding

season was generalized by statements such as ``more or less numerous''

in the vicinity of the Aleutian Islands (Yesner 1976). They were

reported as highly abundant around Cape Newenham, in western Alaska,

and Ventaiminov regarded them as abundant near the Pribilof Islands

(DeGange 1981). In 1904, they were considered ``tolerably common on

both coasts of Vancouver Island, but more abundant on the west coast''

(Kermode in Campbell et al., 1990).

Historical Population Status

At the beginning of the 20th century, the species declined in

population numbers to near extinction, primarily as a result of hunting

at the breeding colonies in Japan. Albatross were killed for their

feathers and various other body parts. The feather down was used for

quilts and pillows, and wing and tail feathers were used for writing

quills; their bodies were processed into fertilizer and rendered into

fat, and their eggs were collected for food (Austin 1949). Hattori (in

Austin 1949) commented that short-tailed albatrosses were ``...killed

by striking them on the head with a club, and it is not difficult for a

man to kill between 100 and 200 birds daily.'' He also noted that the

birds were, ``very rich in fat, each bird yielding over a pint.''

Pre-exploitation worldwide population estimates of short-tailed

albatrosses are not known; the total number of birds harvested may

provide the best estimate, since the harvest drove the species nearly

to extinction. Between approximately 1885 and 1903, an estimated 5

million short-tailed albatrosses were harvested from the breeding

colony on Torishima (Yamashina in Austin 1949), and harvest continued

until the early 1930s, except for a few years following the 1903

volcanic eruption

he total number of birds harvested may

provide the best estimate, since the harvest drove the species nearly

to extinction. Between approximately 1885 and 1903, an estimated 5

million short-tailed albatrosses were harvested from the breeding

colony on Torishima (Yamashina in Austin 1949), and harvest continued

until the early 1930s, except for a few years following the 1903

volcanic eruption. One of the residents on the island (a schoolteacher)

reported 3,000 albatrosses killed in December 1932 and January 1933.

Yamashina (in Austin) stated that ``This last great slaughter was

undoubtedly perpetrated by the inhabitants in anticipation of the

island's soon becoming a bird sanctuary.'' By 1949, there were no

short-tailed albatrosses breeding at any of the historically known

breeding sites, including Torishima, and the species was thought to be

extinct (Austin 1949).

The species persisted, however, and in 1950, the chief of the

weather station at Torishima, Mr. M. Yamamoto, reported nesting of the

short-tailed albatross (Tickell 1973, 1975). By 1954 there were 25

birds and at least 6 pairs (Ono 1955). These were presumably juvenile

birds that had been wandering the North Pacific during the final

several years of slaughter. Since then, as a result of habitat

management projects, stringent protection, and the absence of any

significant volcanic eruption events, the population has gradually

increased. The average growth of the Torishima, Tsubamesaki colony,

between 1950 and 1977 was 2.5 adults per year; between 1978 and 1991

the average population increase was 11 adults per year. An average

annual population growth as high as 6 percent per year (Hasegawa 1982,

Cochrane and Starfield in prep.) has resulted in a continuing increase

in the breeding population to an estimated 388 breeding birds on

Torishima in 1998 (H. Hasegawa, Toho University, Chiba, Japan pers.

comm.). Torishima is under Japanese government ownership and management

and is managed for the conservation of wildlife

annual population growth as high as 6 percent per year (Hasegawa 1982,

Cochrane and Starfield in prep.) has resulted in a continuing increase

in the breeding population to an estimated 388 breeding birds on

Torishima in 1998 (H. Hasegawa, Toho University, Chiba, Japan pers.

comm.). Torishima is under Japanese government ownership and management

and is managed for the conservation of wildlife. There is no evidence

that the breeding population on Torishima is nest site limited at this

point; therefore, ongoing management efforts focus on maintaining high

rates of breeding success.

Two primary activities have been undertaken to enhance breeding

success on Torishima. First, erosion control efforts at the Tsubamesaki

colony have improved nesting success. Second, an attempt to establish a

second breeding colony on Torishima involved an experimental program

for luring breeding birds to the opposite side of the island from the

Tsubamesaki colony. Preliminary results of the experiment are

promising; the first chick was produced in 1997. The expectation is

that absent a volcanic eruption or some other catastrophic event, the

population on Torishima will continue to grow, but that it will be many

years before the breeding sites are limited (Hasegawa 1997).

In 1971, 12 adult short-tailed albatrosses were discovered on

Minami-kojima in the Senkaku Islands, one of the former breeding colony

sites (Hasegawa 1984). Aerial surveys in 1979 and 1980 resulted in

observations of between 16 and 35 adults. In April 1988, the first

confirmed chicks on Minami-kojima were observed, and in March 1991, 10

chicks were observed. In 1991, the estimate for the population on

Minami-kojima was 75 birds and 15 breeding pairs (Hasegawa 1991). There

is no information available on historical numbers at this breeding

site.

Short-tailed albatrosses have been observed on Midway Atoll since

the early 1930s (Berger 1972, Hadden 1941, Fisher in Tickell 1973,

Robbins in Hasegawa and DeGange 1982)

ch 1991, 10

chicks were observed. In 1991, the estimate for the population on

Minami-kojima was 75 birds and 15 breeding pairs (Hasegawa 1991). There

is no information available on historical numbers at this breeding

site.

Short-tailed albatrosses have been observed on Midway Atoll since

the early 1930s (Berger 1972, Hadden 1941, Fisher in Tickell 1973,

Robbins in Hasegawa and DeGange 1982). There is one unconfirmed report

of a short-tailed albatross breeding on Midway Atoll in the 1960s (H.

Hasegawa pers. comm., in a letter from Dr. Harvey Fischer), but no

subsequent reports of successful breeding exist. In the years following

the reported observation, tens of thousands of albatrosses were

exterminated from Midway Atoll to construct an aircraft runway, and to

provide safe conditions for aircraft landings and departures. It is

possible that short-tailed albatrosses nesting on the island were

killed during this process (E. Flint, U.S. Fish and Wildlife Service,

Honolulu pers. comm.). Since the mid 1970s, short-tailed albatrosses

have been observed during the breeding season on Midway Atoll. In March

1994, a courtship dance was observed between two short-tailed

albatrosses (Richardson 1994), and at least one has occupied a nest

site and laid an egg which did not hatch (K. Niethammer, U.S. Fish and

Wildlife Service, Midway Atoll pers. comm.). Midway Atoll is currently

managed by the U.S. Government as a National Wildlife Refuge.

Observations of individuals have also been made during the breeding

season on Laysan Island, Green Island at Kure Atoll, and French Frigate

Shoals, but there is no indication that these occurrences represent

established breeding populations (Sekora 1977, Fefer 1989).

The dramatic decline during the turn of the century and recent

increases in numbers of short-tailed albatrosses were reflected in

observations from the non-breeding season

de during the breeding

season on Laysan Island, Green Island at Kure Atoll, and French Frigate

Shoals, but there is no indication that these occurrences represent

established breeding populations (Sekora 1977, Fefer 1989).

The dramatic decline during the turn of the century and recent

increases in numbers of short-tailed albatrosses were reflected in

observations from the non-breeding season. Between the 1950s and 1970,

there were few records of the species away from the breeding grounds

according to the AOU Handbook of North American Birds (Vol. 1, 1962)

and the Red Data Book (Vol.2, Aves, International Union for the

Conservation of Nature, Morges, Switzerland, 1966) (Tramontano 1970).

There were 12 reported marine sightings in the 1970s and 55 sightings

in the 1980s; over 250 sightings have been reported in the 1990s to

date (Sanger 1972, Hasegawa and DeGange 1982, USFWS unpublished

database). This observed increase in opportunistic sightings should be

interpreted cautiously, however, because of the potential temporal,

spatial, and numerical biases introduced by opportunistic shipboard

observations. Observation effort, total number of vessels present, and

location of vessels may have affected the number of observations

independent of an increase in total numbers of birds present. Moreover,

it is likely the reporting rate of observations has increased with

implementation of outreach efforts by Federal agencies and fishing

interest groups in the last few years.

At-sea sightings since the 1940s indicate that the short-tailed

albatross, while very few in number today, is distributed widely

throughout its historical foraging range of the temperate and subarctic

North Pacific Ocean (Sanger 1972; USFWS unpublished data), and is found

close to the U.S. coast

tation of outreach efforts by Federal agencies and fishing

interest groups in the last few years.

At-sea sightings since the 1940s indicate that the short-tailed

albatross, while very few in number today, is distributed widely

throughout its historical foraging range of the temperate and subarctic

North Pacific Ocean (Sanger 1972; USFWS unpublished data), and is found

close to the U.S. coast. From December through April, distribution is

concentrated near the breeding colonies in the Izu and Bonin Islands

(McDermond and Morgan 1993), although foraging trips may extend

hundreds of miles or more from the colony sites, if short-tailed

albatross behavior is similar to black-footed and Laysan albatrosses.

Recent satellite tracking of black-footed and Laysan albatrosses

revealed that individuals of those species travel hundreds of miles

from the breeding colonies during the breeding season (David Anderson,

Wake Forest University, pers. comm.).

In summer (i.e., non-breeding season), individuals appear to

disperse widely throughout the historical range of the temperate and

subarctic North Pacific Ocean (Sanger 1972), with observations

concentrated in the northern Gulf of Alaska, Aleutian Islands, and

Bering Sea (McDermond and Morgan 1993, Sherburne 1993, USFWS

unpublished data). Individuals have been recorded along the west coast

of North America as far south as the Baja Peninsula, Mexico (Palmer

1962).

Current Population

historical range of the temperate and

subarctic North Pacific Ocean (Sanger 1972), with observations

concentrated in the northern Gulf of Alaska, Aleutian Islands, and

Bering Sea (McDermond and Morgan 1993, Sherburne 1993, USFWS

unpublished data). Individuals have been recorded along the west coast

of North America as far south as the Baja Peninsula, Mexico (Palmer

1962).

Current Population

A worldwide population total may be coarsely estimated by combining

information from a variety of sources. Estimates of total numbers of

breeding age adults and immature birds are obtained using a variety of

different data and methods. The total estimates are rounded to the

nearest hundred birds, reflecting the lack of precision in some of the

data.

Breeding age population estimates come primarily from egg counts

and breeding bird observations. There were 388 breeding adults present

on Torishima in 1998, assuming 2 adults are present for each of the 194

eggs counted. The most recent population count on Minami-kojima

revealed 30 breeding adults present in 1991. A conservative estimate

for observed breeding birds is therefore 400. It has been noted that an

average of approximately 25 percent of breeding adults may not return

to breed each year, and this rate may vary between years as much as an

additional 25 percent (Cochrane and Starfield in prep.). It is

reasonable, therefore, to estimate that approximately 100 additional

breeding age birds may not be observed on the breeding grounds. The

total estimate of breeding age birds is therefore 500.

Estimates of immature birds are more difficult to calculate because

these individuals are rarely seen between fledging and breeding at

approximately 6 years of age. Two different methods were used to

estimate the number of immature birds in the population: (1) using

observational data of chicks fledged, and (2) using modeling

information. Both methods yielded similar results. H. Hasegawa (pers

stimates of immature birds are more difficult to calculate because

these individuals are rarely seen between fledging and breeding at

approximately 6 years of age. Two different methods were used to

estimate the number of immature birds in the population: (1) using

observational data of chicks fledged, and (2) using modeling

information. Both methods yielded similar results. H. Hasegawa (pers.

comm.) reports that 509 chicks were fledged from the Tsubamesaki colony

on Torishima between 1992 and 1997. The only information on number of

chicks from Minami-kojima is that 10 chicks were counted by H. Hasegawa

(pers. comm.) in 1991. Over the past 6 years, therefore, assuming a

stable population, an estimated minimum of 60 chicks may have fledged

from Minami-kojima. Based on an average juvenile survival rate of 96

percent (H. Hasegawa pers. comm., Cochrane and Starfield in prep.),

this technique yields an estimate of approximately 500 immature

individuals in the population. Alternatively, modeling information

indicates that immature birds comprise approximately 47 percent of the

total population. Breeding age birds are estimated at 500; therefore,

using this method immature birds also number approximately 500.

The total population of short-tailed albatross is likely to number

somewhere around 1,000 birds. No numerical estimates of uncertainty are

available for this estimate.

Demographic Information

Short-tailed albatrosses are long-lived and slow to mature; the

average age at first breeding is 6 years old (H.

ated at 500; therefore,

using this method immature birds also number approximately 500.

The total population of short-tailed albatross is likely to number

somewhere around 1,000 birds. No numerical estimates of uncertainty are

available for this estimate.

Demographic Information

Short-tailed albatrosses are long-lived and slow to mature; the

average age at first breeding is 6 years old (H.

Hasegawa pers. comm.). As many as 25 percent of breeding age adults may

not return to the colony in a given year (H. Hasegawa pers. comm.;

Cochrane and Starfield in prep.) Females lay a single egg each year,

which is not replaced if destroyed (Austin 1949). Adult and juvenile

survival rates are high (96 percent), and an average of 0.24 chicks per

adult bird on the colony survives to six months of age (Cochrane and

Starfield in prep.), but these rates can be severely reduced in years

when catastrophic volcanic or weather events occur during the breeding

season.

Breeding Biology

At Torishima, birds arrive at the breeding colony in October and

begin nest building. Egg-laying begins in late October and continues

through late November. The female lays a single egg, incubation

involves both parents and lasts for 64-65 days, eggs hatch in late

December and January, and by late May or early June, the chicks are

almost full grown and the adults begin abandoning their nests (H.

Hasegawa pers. comm.; Hasegawa and DeGange 1982). The chicks fledge

soon after the adults leave the colony, and by mid-July, the colony is

totally deserted (Austin 1949). Non-breeders and failed breeders

disperse from the breeding colony in late winter through spring

(Hasegawa and DeGange 1982). There is no detailed information on

phenology (breeding activities) on Minami-kojima, but it is likely to

be similar to that on Torishima.

Short-tailed albatrosses are monogamous and highly philopatric to

nesting areas, returning to the same breeding site year after year.

Chicks hatched at Torishima return there to breed

eding colony in late winter through spring

(Hasegawa and DeGange 1982). There is no detailed information on

phenology (breeding activities) on Minami-kojima, but it is likely to

be similar to that on Torishima.

Short-tailed albatrosses are monogamous and highly philopatric to

nesting areas, returning to the same breeding site year after year.

Chicks hatched at Torishima return there to breed. However, young birds

may occasionally disperse from their natal colonies to breed, as

evidenced by the appearance of adult birds on Midway Atoll that were

banded as chicks on Torishima (H. Hasegawa pers. comm., Richardson

1994).

Breeding Habitat

Available evidence from historical accounts, and from current

breeding sites, indicates that short-tailed albatross nesting occurs on

flat or sloped sites, with sparse or full vegetation, on isolated

windswept offshore islands, with restricted human access (Aronoff 1960,

Sherburne 1993, DeGange 1981). Current nesting habitat on Torishima is

steep sites on soils containing loose volcanic ash; the island is

dominated by a grass, Miscanthus sinensis var. condensatus, but a

composite, Chrysanthemum pacificum, and a nettle, Boehmeria biloba, are

also present (Hasegawa 1977). The grass is likely to stabilize the

soil, provide protection from weather, and minimize mutual interference

between nesting pairs while allowing for safe, open take-offs and

landings (Hasegawa 1978). The nest is a grass or moss-lined concave

scoop about 0.75 meters (m) (2 feet (ft.)) in diameter (Tickell 1975).

Marine Habitat

and a nettle, Boehmeria biloba, are

also present (Hasegawa 1977). The grass is likely to stabilize the

soil, provide protection from weather, and minimize mutual interference

between nesting pairs while allowing for safe, open take-offs and

landings (Hasegawa 1978). The nest is a grass or moss-lined concave

scoop about 0.75 meters (m) (2 feet (ft.)) in diameter (Tickell 1975).

Marine Habitat

The common synonym of ``coastal albatross'' reflects the short-

tailed albatross's predilection for nearshore waters. The Service's

short-tailed albatross at-sea sightings database contains many

observations of short-tailed albatrosses within 6 miles of shore, and

several observation of birds within 3 miles of shore (Julie Michaelson,

Alaska Natural Heritage Program, Anchorage, pers. comm.). Their

presence may coincide with areas of high biological productivity, such

as along the west coast of North America, the Bering Sea, and offshore

from the Aleutians (Hasegawa and DeGange 1982).

The North Pacific marine environment of the short-tailed albatross

is characterized by coastal regions of upwelling and high productivity

and expansive, deep water beyond the continental shelf. The region has

a clockwise, oceanic current flow with counter clockwise currents in

the Gulf of Alaska and the Bering Sea (Sherburne 1993).

Diet

The diet of short tailed albatrosses includes squid, fish, flying

fish eggs, shrimp and other crustaceans (Hattori in Austin 1949, H.

Hasegawa pers. comm.). There is currently no information on variation

of diet by season, habitat, or environmental condition.

Legal Status

e, oceanic current flow with counter clockwise currents in

the Gulf of Alaska and the Bering Sea (Sherburne 1993).

Diet

The diet of short tailed albatrosses includes squid, fish, flying

fish eggs, shrimp and other crustaceans (Hattori in Austin 1949, H.

Hasegawa pers. comm.). There is currently no information on variation

of diet by season, habitat, or environmental condition.

Legal Status

The short-tailed albatross is listed as endangered on the State of

Alaska's list of endangered species (State of Alaska, Alaska Statutes,

Article 4. Sec. 16.20.19). This classification was supported by a

letter to Commissioner Noerenberg from J.C. Bartonek (1972, in litt.)

in which he recommended endangered status because the short-tailed

albatross occurs or ``was likely'' to occur in State waters within the

3-mile limit of State jurisdiction (Sherburne 1993). The short-tailed

albatross does not appear on the State list of Hawaii's list of

threatened and endangered species.

The Japanese government designated the short-tailed albatross as a

protected species in 1958, as a Special National Monument in 1962

(Hasegawa and DeGange 1982), and as a Special Bird for Protection in

1972 (King 1981). Torishima was declared a National Monument in 1965

(King 1981). These designations have resulted in tight restrictions on

human activities and disturbance on Torishima (H. Hasegawa pers.

comm.). In 1992, the species was classified as ``endangered'' under the

newly implemented ``Species Preservation Act'' in Japan which makes

federal funds available for conservation programs and requires that a

10-year plan be in place which sets forth conservation goals for the

species. The current Japanese ``Short-tailed Albatross Conservation and

Management Master Plan'' outlines general goals for continuing

management and monitoring of the species, and future conservation needs

(Environment Agency 1996)

' in Japan which makes

federal funds available for conservation programs and requires that a

10-year plan be in place which sets forth conservation goals for the

species. The current Japanese ``Short-tailed Albatross Conservation and

Management Master Plan'' outlines general goals for continuing

management and monitoring of the species, and future conservation needs

(Environment Agency 1996). The principal management practices used on

Torishima are legal protection, habitat enhancement, and population

monitoring. Since 1976, Dr. Hiroshi Hasegawa has systematically

monitored the breeding success and population numbers of short-tailed

albatrosses breeding on Torishima.

Previous Federal Action

Currently, the short-tailed albatross is listed as endangered under

the Act, throughout its range, except in the U.S. (50 CFR 17.11), and

is a Candidate species in the U.S. (September 19, 1997, Candidate

Notice of Review, 62 FR 49398). The species was originally listed as

endangered in accordance with the Endangered Species Conservation Act

of 1969 (ESCA). Pursuant to the ESCA, two separate lists of endangered

wildlife were maintained, one for foreign species and one for species

native to the United States. The short-tailed albatross appeared only

on the List of Endangered Foreign Wildlife (35 FR 8495; June 2, 1970).

When the Act became effective on December 28, 1973, it superseded the

ESCA. The native and foreign lists were combined to create one list of

endangered and threatened species (39 FR 1171; January 4, 1974). When

the lists were combined, prior notice of the action was not given to

the governors of the affected States (Alaska, California, Hawaii,

Oregon and Washington), as required by the Act because available data

were interpreted as not supporting resident status for the short-tailed

albatross. Thus native individuals of this species were never formally

proposed for listing pursuant to the criteria and procedures of the

Act

prior notice of the action was not given to

the governors of the affected States (Alaska, California, Hawaii,

Oregon and Washington), as required by the Act because available data

were interpreted as not supporting resident status for the short-tailed

albatross. Thus native individuals of this species were never formally

proposed for listing pursuant to the criteria and procedures of the

Act.

On July 25, 1979, the Service published a notice (44 FR 43705)

stating that, through an oversight in the listing of the short-tailed

albatross and six other endangered species, individuals occurring in

the United States were not

protected by the Act. The notice stated that it was always the intent

of the Service that all populations and individuals of the seven

species should be listed as endangered wherever they occurred.

Therefore, the notice stated that the Service intended to take action

to propose endangered status for individuals occurring in the U.S.

On July 25, 1980, the Service published a proposed rule (45 FR

49844; July 25, 1980), to list, in the United States, the short-tailed

albatross and four of the other species referred to above. Since no

final action was taken on the July 25, 1980 proposal, the Service is

issuing this updated proposal. In 1996, the Service designated the

species as a Candidate for listing in the U.S. (U.S. Fish and Wildlife

Service in litt.).

Summary of Factors Affecting the Species

ma is an active volcano approximately 394 m (1,300 ft) high

and 2.6 kilometers (km) (1.6 miles) wide (H. Hasegawa pers. comm.)

located at 30.48 deg. N and 140.32 deg. E (Simkin and Siebert 1994).

The earliest record of a volcanic eruption at Torishima is a report of

a submarine eruption in 1871 (Simkin and Siebert 1994), but there is no

information on the magnitude or effects of this eruption. Since the

first recorded human occupation on the island in 1887, there have been

four formally recorded eruption events: (1) On August 7, 1902, an

explosive eruption in the central and flank vents which resulted in

lava flow, and a submarine eruption, and caused 125 human mortalities;

(2) On August 17, 1939, an explosive eruption in the central vent which

resulted in lava flow, and caused two human mortalities; (3) On

November 13, 1965, a submarine eruption and; (4) On October 2, 1975, a

submarine eruption 9 km (5.4 mi) south of Torishima (Simkin and Siebert

1994). There is also reference in the literature to an additional

eruption in 1940 which resulted in lava flow that filled the island's

only anchorage (Austin 1949).

Austin (1949) visited the waters around Torishima in 1949 and made

the following observations ``The only part of Torishima not affected by

the recent volcanic activity is the steep northwest slopes where the

low buildings occupied by the weather station staff are huddled.

Elsewhere, except on the forbidding vertical cliffs, the entire surface

of the island is now covered with stark, lifeless, black-gray lava.

Where the flow thins out on the northwest slopes, a few dead, white

sticks are mute remnants of the brush growth that formerly covered the

island. Also on these slopes some sparse grassy vegetation is visible,

but there is no sign of those thick reeds, or ``makusa'' which formerly

sheltered the albatross colonies

ire surface

of the island is now covered with stark, lifeless, black-gray lava.

Where the flow thins out on the northwest slopes, a few dead, white

sticks are mute remnants of the brush growth that formerly covered the

island. Also on these slopes some sparse grassy vegetation is visible,

but there is no sign of those thick reeds, or ``makusa'' which formerly

sheltered the albatross colonies. The main crater is still smoking and

fumes issue from cracks and fissures all over the summit of the

island.''

In 1965, meteorological staff stationed on the island were

evacuated on an emergency basis due to a high level of seismic

activity; although no eruption followed, the island has since been

considered too dangerous for permanent human occupation (Tickell 1973).

In late 1997, Hiroshi Hasegawa observed more steam from the volcano

crater, a more pronounced bulge in the center of the crater, and more

sulphur crusts around the crater than were previously present (R.

Steiner, Alaska Sea Grant Program, pers. comm.).

The eruptions in 1902 and 1939 destroyed much of the original

breeding colony sites. The remaining site used by albatrosses is on a

sparsely vegetated steep slope of loose volcanic soil. The monsoon

rains that occur on the island result in frequent mud slides and

erosion of these soils, which can result in habitat loss and chick

mortality. A typhoon in 1995 occurred just before the breeding season

and destroyed most of the vegetation at the Tsubamezaki colony. Without

the protection provided by vegetation, eggs and chicks are at greater

risk of mortality from monsoon rains, sand storms and wind (H. Hasegawa

pers. comm.). Breeding success at Tsubamezaki is lower in years when

there are significant typhoons resulting in mud slides (H. Hasegawa

pers. comm.).

In 1981, a project was supported by the Environment Agency of Japan

and the Tokyo Metropolitan Government to improve nesting habitat by

transplanting grass and stabilizing the loose volcanic soils (Hasegawa

1991)

storms and wind (H. Hasegawa

pers. comm.). Breeding success at Tsubamezaki is lower in years when

there are significant typhoons resulting in mud slides (H. Hasegawa

pers. comm.).

In 1981, a project was supported by the Environment Agency of Japan

and the Tokyo Metropolitan Government to improve nesting habitat by

transplanting grass and stabilizing the loose volcanic soils (Hasegawa

1991). Breeding success at the Tsubamezaki colony has increased

following habitat enhancement (H. Hasegawa pers. comm.). Current

population enhancement efforts in Japan are concentrated on attracting

breeding birds to an alternate, well vegetated colony site on Torishima

which is less likely to be impacted by lava flow, mud slides, or

erosion than the Tsubamezaki colony site (H. Hasegawa pers. comm.).

Japan's ``Short-tailed Albatross Conservation and Management Master

Plan'' (Environment Agency 1996) sets forth a long-term goal of

examining the possibility of establishing additional breeding grounds

away from Torishima once there are at least 1,000 birds on Torishima.

Until other safe breeding sites are established, however, short-tailed

albatross survival will continue to be at risk due to the possibility

of significant habitat loss and mortality from unpredictable natural

catastrophic volcanic eruptions and land or mud slides caused by

monsoon rains.

B. Over utilization for commercial, recreational, scientific, or

educational purposes. As previously mentioned, direct harvest of short-

tailed albatrosses caused a catastrophic decline in population numbers

(refer to Background); but today direct harvest of short-tailed

albatrosses is considered rare. H. Hasegawa (pers. comm.) reports that

some local Japanese fishermen in Izu and Ryukyuu Islands hunt seabirds

and may take some short-tailed albatrosses, but the likelihood that

short-tailed albatrosses are taken, or the level of such take is not

known

a catastrophic decline in population numbers

(refer to Background); but today direct harvest of short-tailed

albatrosses is considered rare. H. Hasegawa (pers. comm.) reports that

some local Japanese fishermen in Izu and Ryukyuu Islands hunt seabirds

and may take some short-tailed albatrosses, but the likelihood that

short-tailed albatrosses are taken, or the level of such take is not

known. There is no other known direct take of short-tailed albatrosses

for commercial, recreational, scientific or educational purposes.

C. Disease or predation. There are no known diseases affecting

short-tailed albatrosses on Torishima or Minami-kojima today. However,

the world population is vulnerable to the effects of disease because of

the small population size and extremely limited number of breeding

sites. H. Hasegawa (pers. comm.) reports that he has observed a wing-

disabled bird every few years on Torishima, but the cause of the

disability is not known. An avian pox has been observed in chicks of

albatross

species on Midway Island, but it is unknown whether this pox infects

short-tailed albatrosses or if it may have an effect on survivorship of

any albatross species (T. Work, D.V.M., USGS, Hawaii).

Several parasites were documented historically on short-tailed

albatrosses on Torishima: a blood-sucking tick that attacks its host's

feet, a feather louse, and a carnivorous beetle (Austin 1949). However,

current evidence suggests that there are no parasites affecting short-

tailed albatrosses on Torishima, and there is no evidence that

parasites caused mortality or had population level impacts in the past

(H. Hasegawa pers. comm.).

Sharks may take fledgling short-tailed albatrosses as they desert

the colony and take to the surrounding waters (Harrison 1979). Shark

predation is well documented among other albatross species, but has not

been documented for the short-tailed albatross. The crow, Corvus sp.,

is the only historically known avian predator of chicks on Torishima

l impacts in the past

(H. Hasegawa pers. comm.).

Sharks may take fledgling short-tailed albatrosses as they desert

the colony and take to the surrounding waters (Harrison 1979). Shark

predation is well documented among other albatross species, but has not

been documented for the short-tailed albatross. The crow, Corvus sp.,

is the only historically known avian predator of chicks on Torishima.

Hattori (in Austin 1949) reported that one-third of the chicks on

Torishima were killed by crows, but crows are not present on the island

today (H. Hasegawa pers. comm.). Black or ship rats were introduced to

Torishima at some point during human occupation; their effect on short-

tailed albatrosses is unknown. Cats were also present, most likely

introduced during the feather hunting period. They have caused damage

to other seabirds on the island (Ono 1955), but there is no evidence to

indicate an adverse effect to short-tailed albatrosses. Cats were

present on Torishima in 1973 (Tickell 1975), but Hasegawa (1982) did

not find any evidence of cats on the island.

D. The inadequacy of existing regulatory mechanisms. The purpose of

this proposed rulemaking is to extend the protective status afforded by

the Act to the short-tailed albatross throughout its range. The short-

tailed albatross is currently listed under the Act as endangered

outside of the U.S., or outside of the 200-mile limit from shore. The

Service and the National Marine Fisheries Service have consulted under

section 7 for federally managed ``high seas'' fisheries off of Alaska

(i.e., between 3 and 200 miles from shore), but other protective

mechanisms of the Act, such as prohibitions from direct taking, do not

extend to albatrosses that occur within 200 miles from shore. Listing

the species within the U.S. would provide more comprehensive and

extensive protection for the species through sections 7, 9, and 10 of

the Act, and through recovery planning

off of Alaska

(i.e., between 3 and 200 miles from shore), but other protective

mechanisms of the Act, such as prohibitions from direct taking, do not

extend to albatrosses that occur within 200 miles from shore. Listing

the species within the U.S. would provide more comprehensive and

extensive protection for the species through sections 7, 9, and 10 of

the Act, and through recovery planning.

Short-tailed albatrosses are currently protected from taking under

the Migratory Bird Treaty Act of 1918, as amended (MBTA: 16 U.S.C. 703

et seq.), but MBTA jurisdiction extends only to 3 miles from shore.

Torishima and Minami-kojima are the only two confirmed breeding

sites for short-tailed albatrosses, and both are under Japanese

ownership and management. Of concern is that Minami-kojima has also

been claimed by the Nationalist Republic of China and the People's

Republic of China. The situation may present logistical and diplomatic

problems in attempts to implement protection for the colony on the

island (Tickell 1975).

On July 1, 1975, the short-tailed albatross was included in

Appendix I of the Convention on International Trade in Endangered

Species of Wild Fauna and Flora (CITES). CITES is a treaty established

to prevent international trade that may be detrimental to the survival

of plants and animals. Generally, both import and export permits are

required from the importing and exporting countries before an Appendix

I species may be shipped, and Appendix I species may not be imported

for primarily commercial purposes. CITES export permits may not be

issued if the export will be detrimental to the survival of the species

or if the specimens were not legally acquired. However, CITES does not

itself regulate take or domestic trade.

E. Other natural or manmade factors affecting its continued

existence

ndix

I species may be shipped, and Appendix I species may not be imported

for primarily commercial purposes. CITES export permits may not be

issued if the export will be detrimental to the survival of the species

or if the specimens were not legally acquired. However, CITES does not

itself regulate take or domestic trade.

E. Other natural or manmade factors affecting its continued

existence. Other factors potentially represent threats to the species;

however, no information is available to assess the probability of any

one factor occurring in a way that will threaten the species with

extinction. Nor is it possible to assess the potential extent or

magnitude of the threat posed, because these will likely vary depending

on the occurrence of any one threat in combination with other

perturbations.

One of these factors is small population size. The worldwide

breeding-age population of short-tailed albatrosses numbers

approximately 500 individuals. A significant proportion of these

individuals nest in the Tsubamezaki colony on Torishima. The remaining

small number of breeding birds nest on Minami-kojima. Because the

population size is small, and breeding is limited to two islands, a

catastrophic volcanic or weather event on Torishima has the potential

not only to significantly reduce the numbers of birds in the world, it

also could reduce the worldwide breeding population to a level where

the risk of extinction is high. Genetic diversity of the worldwide

population may also be cause for concern since the species experienced

a severe bottleneck during the middle of this century.

The risk of extinction caused by a catastrophic event at the

breeding colony is buffered by adult and immature non-breeding birds.

An average of 25 percent of breeding age adults do not return to breed

each year (H. Hasegawa pers. comm.), and immature birds do not return

to the colony to breed until at least 6 years after fledging (H.

Hasegawa pers. comm.)

during the middle of this century.

The risk of extinction caused by a catastrophic event at the

breeding colony is buffered by adult and immature non-breeding birds.

An average of 25 percent of breeding age adults do not return to breed

each year (H. Hasegawa pers. comm.), and immature birds do not return

to the colony to breed until at least 6 years after fledging (H.

Hasegawa pers. comm.). As much as 50 percent of the current total

worldwide population may be immature birds. If suitable habitat were

still available on Torishima, these birds could recolonize in years

following a catastrophic event.

Another potential threat is damage or injury related to oil

contamination, which could cause physiological problems from petroleum

toxicity and by interfering with the bird's ability to thermoregulate.

Oil spills can occur in many parts of the short-tailed albatrosses'

marine range. Oil development has been considered in the past in the

vicinity of the Senkaku Islands (Hasegawa 1981, in litt.). Future

industrial development would introduce the risk of local marine

contamination, or pollution due to blow-outs, spills, and leaks related

to oil extraction, transfer and transportation. Historically short-

tailed albatrosses rafted together in the waters around Torishima

(Austin 1949) and small groups of individuals have occasionally been

observed at sea (USFWS unpublished data). An oil spill in an area where

individuals were rafting could affect the population significantly. The

species' habit of feeding at the surface of the sea makes them

vulnerable to oil contamination. Dr. Hiroshi Hasegawa (pers. comm.) has

observed some birds on Torishima with oil spots on their plumage.

Consumption of plastics may also be a factor affecting the species'

survival. Albatrosses often consume plastics at sea, presumably

mistaking the plastics for food items, or consuming marine life such as

flying fish eggs that are attached to floating objects. Dr. Hiroshi

Hasegawa (pers

n. Dr. Hiroshi Hasegawa (pers. comm.) has

observed some birds on Torishima with oil spots on their plumage.

Consumption of plastics may also be a factor affecting the species'

survival. Albatrosses often consume plastics at sea, presumably

mistaking the plastics for food items, or consuming marine life such as

flying fish eggs that are attached to floating objects. Dr. Hiroshi

Hasegawa (pers. comm.) reports that short-tailed albatrosses on

Torishima commonly regurgitate large amounts of plastics debris.

Plastics ingestion can result in injury or mortality to albatrosses if

sharp plastic pieces cause internal injuries, or through reduction in

ingested food volumes and dehydration (Sievert and Sileo in McDermond

and Morgan 1993). Young birds may be particularly vulnerable to

potential effects of plastic ingestion prior to

developing the ability to regurgitate (Fefer 1989, in litt.). Auman

(1994) found that Laysan albatross chicks found dead in the colony had

significantly greater plastics loads than chicks injured by vehicles, a

sampling method presumably unrelated to plastics ingestion, and

therefore representative of the population. Dr. Hiroshi Hasegawa has

observed a large increase in the occurrence of plastics in birds on

Torishima over the last 10 years (R. Steiner pers. comm.), but the

effect on survival and population growth is not known.

Another potential threat is short-tailed albatross mortality that

is incidental to longline fishing in the North Pacific and Bering Sea.

Short-tailed albatross mortalities occur in longline fisheries as a

result of baited longline hooks that are accessible to foraging

albatrosses during line setting and hauling. Five short-tailed

albatrosses are known to have been taken by longline fisheries in

Alaska from 1983-1996

is short-tailed albatross mortality that

is incidental to longline fishing in the North Pacific and Bering Sea.

Short-tailed albatross mortalities occur in longline fisheries as a

result of baited longline hooks that are accessible to foraging

albatrosses during line setting and hauling. Five short-tailed

albatrosses are known to have been taken by longline fisheries in

Alaska from 1983-1996. The Service, in consultation with the National

Marine Fisheries Service, determined that the Alaskan groundfish and

halibut fisheries are likely to adversely affect short-tailed

albatrosses, but are not likely to result in an appreciable reduction

in the likelihood of survival and recovery of the species (USFWS 1989

and amendments, USFWS 1998). Consultation under section 7 of the Act

has not been conducted for the Hawaiian longline fishery; the amount

and likelihood of take in this fishery is difficult to determine

because of the low rate of observer coverage (5 percent of fishing time

is observed). There have been no reported takes of short-tailed

albatrosses. Black-footed albatrosses and Laysan albatrosses are taken

in this fishery (E. Flint pers. comm.). The magnitude of impacts caused

by international longline fisheries is unknown.

Hasegawa (pers. comm.) reports that 3-4 birds per year on Torishima

come ashore entangled in fishing gear, some of which die as a result.

He also stated that some take by Japanese handliners may occur near the

nesting colonies, although no such take has been reported. There is no

additional information on the potential effects of fisheries near

Torishima on the species.

At the current population level and growth rate, the level of

mortality resulting from longline fisheries is not thought to represent

a threat to the species' continued survival. However, in the event of a

major population decline as a result of a natural environmental

catastrophe or an oil spill, the effects of longline fisheries on

short-tailed albatrosses could be significant

the species.

At the current population level and growth rate, the level of

mortality resulting from longline fisheries is not thought to represent

a threat to the species' continued survival. However, in the event of a

major population decline as a result of a natural environmental

catastrophe or an oil spill, the effects of longline fisheries on

short-tailed albatrosses could be significant.

Another potential source of mortality is collision with aircraft on

Midway Atoll. The current short-tailed albatross nest on Midway Atoll

is located next to an active airplane runway. Black-footed and Laysan

albatross mortalities occur periodically as a result of airplane

strikes. It is possible, therefore, that short-tailed albatrosses could

also be killed as a result of air traffic (Kevin Foster, U.S. Fish and

Wildlife Service, Honolulu pers. comm.).

Summary

The worldwide population of short-tailed albatrosses continues to

be in danger of extinction throughout its range due to natural

environmental threats, small population size and the small number of

breeding colonies. Longline fishing, plastics pollution, oil

contamination, or airplane strikes are not likely to represent

significant threats today, but any of these factors in combination with

a catastrophic event on Torishima, could threaten future survival and

recovery of the species. Most of the world's breeding population nests

on Torishima in the Tsubamezaki colony. These individuals and the

breeding habitat are at risk of measurable or significant population

level impacts from a volcanic eruption on the island. The habitat at

Tsubamezaki is further threatened by continued erosion and mud slides

from monsoon rains despite the reduction of risk through habitat

management. The only other known breeding location is on Minami-kojima,

which is threatened by political unrest and internationally disputed

ownership. Establishment of additional breeding colonies may be

problematic

nic eruption on the island. The habitat at

Tsubamezaki is further threatened by continued erosion and mud slides

from monsoon rains despite the reduction of risk through habitat

management. The only other known breeding location is on Minami-kojima,

which is threatened by political unrest and internationally disputed

ownership. Establishment of additional breeding colonies may be

problematic. First, enough birds must be available to disperse to other

sites. Second, colonization of Midway Island, the only recognized

potential breeding site in the United States, may be compromised by

take in longline fisheries and airplane strikes.

The Service has carefully assessed the best scientific and

commercial information available regarding the past, present, and

future threats faced by this species in determining to propose this

rule. Based on this evaluation, the preferred action is to extend the

listing of the short-tailed albatross as endangered to its U.S. range.

The Service is also correcting the information in the Historic Range

column of the short-tailed albatross entry in the list of endangered

and threatened species (50 CFR 17.11(h)). The information in this

column currently indicates the species' historic range includes the

North Pacific Ocean and Bering Sea, and lands and waters of Japan,

China, Russia, and the United States. The Service will correct this to

include Taiwan and Canada. This column is nonregulatory in nature and

is provided for the information of the reader.

Critical habitat is not being proposed at this time for the short-

tailed albatross for reasons discussed in the ``Critical Habitat''

section of this proposal.

Critical Habitat

nd lands and waters of Japan,

China, Russia, and the United States. The Service will correct this to

include Taiwan and Canada. This column is nonregulatory in nature and

is provided for the information of the reader.

Critical habitat is not being proposed at this time for the short-

tailed albatross for reasons discussed in the ``Critical Habitat''

section of this proposal.

Critical Habitat

Critical habitat is defined in section 3 of the Act as: (i) the

specific areas within the geographical area occupied by a species, at

the time it is listed in accordance with the Act, on which are found

those physical or biological features (I) essential to the conservation

of the species and (II) that may require special management

considerations or protection; and (ii) specific areas outside the

geographical area occupied by a species at the time it is listed, upon

a determination that such areas are essential for the conservation of

the species. ``Conservation'' means the use of all methods and

procedures needed to bring the species to the point at which listing

under the Act is no longer necessary.

Section 4(a)(3) of the Act, as amended, and implementing

regulations (50 CFR 424.12) require that, to the maximum extent prudent

and determinable, the Secretary designate critical habitat at the time

the species is determined to be endangered or threatened. The Service

finds that designation of critical habitat is not prudent for the

short-tailed albatross at this time. Service regulations (50 CFR

424.12(a)(1)) state that designation of critical habitat is not prudent

when one or both of the following situations exist: (i) The species is

threatened by taking or other human activity, and identification of

critical habitat can be expected to increase the degree of threat to

the species, or (ii) such designation of critical habitat would not be

beneficial to the species

gulations (50 CFR

424.12(a)(1)) state that designation of critical habitat is not prudent

when one or both of the following situations exist: (i) The species is

threatened by taking or other human activity, and identification of

critical habitat can be expected to increase the degree of threat to

the species, or (ii) such designation of critical habitat would not be

beneficial to the species.

Critical habitat is not being proposed for the short-tailed

albatross based on the Service's analysis and determination that such

designation would not be beneficial to the species. Habitats outside of

the U.S. are not eligible for critical habitat designation. Habitat

within the U.S. used by short-tailed albatrosses include coastal waters

of Alaska and Hawaii, and potential nesting habitat on Midway Atoll in

the Hawaiian Islands.

Short-tailed albatrosses occur and forage throughout the coastal

regions of the North Pacific Ocean and Bering Sea during the non-

breeding season, and

throughout the Northwestern Hawaiian Islands during the breeding

season. Although foraging areas are essential to the conservation of

short-tailed albatrosses, there is currently no information to support

a conclusion that any specific areas within U.S. jurisdiction are

uniquely important. More importantly, adverse effects on the species

occurring in the marine environment are a result of activities that

threaten individual albatrosses rather than albatross habitat. These

include incidental mortality in longline fisheries, and mortality or

injury associated with plastics pollution and oil spills. These effects

can be adequately addressed through the jeopardy standard of section 7

of the Act and through the section 9 prohibitions of the Act. With

regard to foraging areas in U.S. waters, there would be no additional

benefit or protection conferred through the destruction or adverse

modification standard for critical habitat under section 7 of the Act

h plastics pollution and oil spills. These effects

can be adequately addressed through the jeopardy standard of section 7

of the Act and through the section 9 prohibitions of the Act. With

regard to foraging areas in U.S. waters, there would be no additional

benefit or protection conferred through the destruction or adverse

modification standard for critical habitat under section 7 of the Act.

The future potential for the Midway Atoll National Wildlife Refuge

to serve as a geographically distinct breeding colony to recover the

species is best realized through implementation of refuge system

management planning. A management goal for Midway Atoll Refuge is to

manage for the conservation and recovery of threatened and endangered

species. Future project proposals which might adversely affect short-

tailed albatrosses will be adequately addressed through the jeopardy

standard of section 7 consultation and section 9 prohibitions of the

Act. With regard to breeding areas and potential breeding areas within

the U.S., there would be no additional benefit or protection conferred

through the designation of critical habitat on the Midway Atoll Refuge

over that conferred through the jeopardy standard of section 7 of the

Act. Therefore, the Service finds that designation of critical habitat

for the short-tailed albatross is not prudent.

Available Conservation Measures

Conservation measures provided to species listed as endangered or

threatened under the Act include recognition, recovery actions,

requirements for Federal protection, and prohibitions against certain

activities. Recognition through listing encourages and results in

conservation actions by Federal, State and local agencies, private

organizations and individuals. The protection required of Federal

agencies and the prohibitions against taking and harm are discussed, in

part, below

ct include recognition, recovery actions,

requirements for Federal protection, and prohibitions against certain

activities. Recognition through listing encourages and results in

conservation actions by Federal, State and local agencies, private

organizations and individuals. The protection required of Federal

agencies and the prohibitions against taking and harm are discussed, in

part, below.

Section 7(a) of the Act, as amended, requires Federal agencies to

evaluate their actions with respect to any species that is proposed or

listed as endangered or threatened and with respect to its critical

habitat, if any is being designated. Regulations implementing this

interagency cooperation provision of the Act are codified at 50 CFR

part 402. Section 7(a)(4) requires Federal agencies to confer

informally with the Service on any action that is likely to jeopardize

the continued existence of a proposed species or result in destruction

or adverse modification of proposed critical habitat. If a species is

listed subsequently, section 7(a)(2) requires Federal agencies to

ensure that activities they authorize, fund, or carry out are not

likely to jeopardize the continued existence of the species or destroy

or adversely modify its critical habitat. If a Federal action may

affect a listed species or its critical habitat, the responsible

Federal agency must enter into formal consultation with the Service.

Federal agency actions that may require conference and/or

consultation as described in the preceding paragraph include National

Marine Fisheries Service Fishery Management Plans, management practices

at the Midway Atoll National Wildlife Refuge, permits or authorization

for oil tankering within the range of short-tailed albatrosses, and oil

spill contingency plans.

The Act and its implementing regulations found at 50 CFR 17.21 set

forth a series of prohibitions and exceptions that apply to all

endangered species of wildlife

Fisheries Service Fishery Management Plans, management practices

at the Midway Atoll National Wildlife Refuge, permits or authorization

for oil tankering within the range of short-tailed albatrosses, and oil

spill contingency plans.

The Act and its implementing regulations found at 50 CFR 17.21 set

forth a series of prohibitions and exceptions that apply to all

endangered species of wildlife. All prohibitions of section 9(a)(1) of

the Act, implemented by 50 CFR 17.21, apply. These prohibitions, in

part, make it illegal for any person subject to the jurisdiction of the

United States, to take (includes harass, harm, pursue, hunt, shoot,

wound, kill, trap, or collect; or to attempt to engage in any of

these), import or export, ship in interstate commerce in the course of

a commercial activity, or sell or offer for sale in interstate or

foreign commerce any listed species. It is also illegal to possess,

sell, deliver, carry, transport, or ship any such wildlife that has

been taken illegally. Certain exceptions apply to agents of the Service

and State conservation agencies.

Permits may be issued to carry out otherwise prohibited activities

involving endangered wildlife species under certain circumstances.

Regulations governing permits for endangered wildlife are at 50 CFR

17.22 and 17.23. Such permits are available for scientific purposes, to

enhance the propagation or survival of the species, and/or for

incidental take in connection with otherwise lawful activities.

Information collections associated with these permits are approved

under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., and assigned

Office of Management and Budget Clearance number 1018-0094.

It is the policy of the Service (59 FR 34272) to identify to the

maximum extent practicable at the time a species is listed those

activities that would or would not constitute a violation of section 9

of the Act

ections associated with these permits are approved

under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., and assigned

Office of Management and Budget Clearance number 1018-0094.

It is the policy of the Service (59 FR 34272) to identify to the

maximum extent practicable at the time a species is listed those

activities that would or would not constitute a violation of section 9

of the Act. The intent of this policy is to increase public awareness

of the effect of the listing on proposed and ongoing activities within

a species' range. The only known non-federal activities which may

result in incidental take of short-tailed albatrosses are State managed

hook-and-line longline fisheries. Activities which are not expected to

result in any take of short-tailed albatrosses include: (1) fishing

activities in Alaska and Hawaii other than hook-and-line longline

fishing; (2) lawfully conducted vessel operations such as transport,

tankering and barging; and (3) harbor operations or improvements.

Questions regarding whether other specific activities will constitute a

violation of section 9 should be directed to the Field Supervisor of

the Anchorage Field Office (See ADDRESSES section).

Public Comments Solicited

The Service requests comments on the proposed listing of the U.S.

population of the short-tailed albatross on the List of Endangered and

Threatened Wildlife and the clarity of this proposal, pursuant to

Executive Order 12866, which requires agencies to write clear

regulations.

Proposed Listing

The Service intends that any final action resulting from this

proposal will be as accurate and as effective as possible. Therefore,

comments or suggestions from the public, other concerned governmental

agencies, the scientific community, industry, or any other interested

party concerning this proposed rule are hereby solicited. Comments

particularly are sought concerning:

(1) Biological, commercial trade, or other relevant data concerning

any threat (or lack thereof) to this species;

as effective as possible. Therefore,

comments or suggestions from the public, other concerned governmental

agencies, the scientific community, industry, or any other interested

party concerning this proposed rule are hereby solicited. Comments

particularly are sought concerning:

(1) Biological, commercial trade, or other relevant data concerning

any threat (or lack thereof) to this species;

(2) The location of any additional populations of this species and

the reasons why any habitat should or should not be determined to be

critical habitat as provided by section 4 of the Act;

(3) Additional information concerning the range, distribution, and

population size of this species; and

(4) Current or planned activities in the subject area and their

possible impacts on this species.

Final promulgation of the regulations on this species will take

into consideration the comments and any additional information received

by the Service, and such communications may lead to a final regulation

that differs from this proposal.

The Act provides for a public hearing on this proposal, if

requested. Requests must be received within 45 days of the date of

publication of this proposal. Such requests must be made in writing and

addressed to the Anchorage Field Supervisor (see ADDRESSES section).

Executive Order 12866

Executive Order 12866 requires each agency to write regulations

that are easy to understand. The Service invites your comments on how

to make this rule easier to understand including answers to the

following: (1) Are the requirements of the rule clear? (2) Is the

discussion of the rule in the ``Supplementary Information'' section of

the preamble helpful in understanding the rule? What else could we do

to make the rule easier to understand?

Send a copy of any comments that concern how we could make this

rule easier to understand to: Office of Regulatory Affairs, Department

of the Interior, Room 7229, 1849 C Street, NW, Washington, DC 20240

(2) Is the

discussion of the rule in the ``Supplementary Information'' section of

the preamble helpful in understanding the rule? What else could we do

to make the rule easier to understand?

Send a copy of any comments that concern how we could make this

rule easier to understand to: Office of Regulatory Affairs, Department

of the Interior, Room 7229, 1849 C Street, NW, Washington, DC 20240.

You may also e-mail the comments to this address: E[email protected].

Paperwork Reduction Act

This rule does not contain any new collections of information other

than those already approved under the Paperwork Reduction Act, 44

U.S.C. 3501 et seq., and assigned Office of Management and Budget

clearance number 1018-0094. An agency may not conduct or sponsor, and a

person is not required to respond to, a collection of information

unless it displays a currently valid control number. For additional

information concerning permit and associated requirements for

endangered species, see 50 CFR 17.22.

National Environmental Policy Act

The Fish and Wildlife Service has determined that an Environmental

Assessment or Environmental Impact Statement, as defined under the

authority of the National Environmental Policy Act of 1969, need not be

prepared in connection with regulations adopted pursuant to section

4(a) of the Endangered Species Act. A notice outlining the Service's

reasons for this determination was published in the Federal Register on

October 25, 1983 (48 FR 49244).

Listing Priority Guidance

or Environmental Impact Statement, as defined under the

authority of the National Environmental Policy Act of 1969, need not be

prepared in connection with regulations adopted pursuant to section

4(a) of the Endangered Species Act. A notice outlining the Service's

reasons for this determination was published in the Federal Register on

October 25, 1983 (48 FR 49244).

Listing Priority Guidance

Processing of this proposed rule conforms with the Service's

Listing Priority Guidance for Fiscal Years 1998 and 1999, published on

May 8, 1998 (63 FR 25502). The guidance clarifies the order in which

the Service will process rulemakings giving highest priority (Tier 1)

to processing emergency rules to add species to the Lists of Endangered

and Threatened Wildlife and Plants (Lists); second priority (Tier 2) to

processing final determinations on proposals to add species to the

Lists, processing new proposals to add species to the Lists, processing

administrative findings on petitions (to add species to the Lists,

delist species, or reclassify listed species), and processing a limited

number of proposed or final rules to delist or reclassify species; and

third priority (Tier 3) to processing proposed or final rules

designating critical habitat. Processing of this proposed rule is a

Tier 2 action.

References Cited

A complete list of all references cited herein, as well as others,

is available upon request from the Anchorage Field Office, U.S. Fish

and Wildlife Service (see ADDRESSES section).

Author. The primary author of this proposed rule is Janey Fadely,

Migratory Bird Management, U.S. Fish and Wildlife Service, 3000 Vintage

Park Blvd., Suite 240, Juneau, Alaska 99801, (907) 586-7240.

List of Subjects in 50 CFR Part 17

Endangered and threatened species, Exports, Imports, Reporting and

recordkeeping requirements, Transportation.

Proposed Regulation Promulgation

SSES section).

Author. The primary author of this proposed rule is Janey Fadely,

Migratory Bird Management, U.S. Fish and Wildlife Service, 3000 Vintage

Park Blvd., Suite 240, Juneau, Alaska 99801, (907) 586-7240.

List of Subjects in 50 CFR Part 17

Endangered and threatened species, Exports, Imports, Reporting and

recordkeeping requirements, Transportation.

Proposed Regulation Promulgation

For the reasons set out in the preamble, the Service is proposing

to amend part 17, subpart B of chapter I, title 50 of the Code of

Federal Regulations, as set forth below:

PART 17--[AMENDED]

1. The authority citation for part 17 continues to read as follows:

Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C.

4201-4245; Pub. L. 99-625, 100 Stat. 3500, unless otherwise noted.

2. In section 17.11(h), the table entry for ``Albatross, short-

tailed'', under BIRDS, is revised to read as follows:

Sec. 17.11 Endangered and threatened wildlife.

* * * * *

(h) * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------

SPECIES Verebrate

------------------------------------------------------ population where Critical

Historic range endangered or Status When listed habitat Special rules

Common name Scientific name threatened

--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * * * *

Birds

* * * * * * *

Albatross, short-tailed......... Phoebastria North Pacific Entire............ E 3,-- NA NA

(=Diomedia) Ocean: Japan,

albatrus. Taiwan, Russia,

Canada, U.S.A.

(AK, CA, HI, OR,

WA).

* * * * * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------

----------

* * * * * * *

Birds

* * * * * * *

Albatross, short-tailed......... Phoebastria North Pacific Entire............ E 3,-- NA NA

(=Diomedia) Ocean: Japan,

albatrus. Taiwan, Russia,

Canada, U.S.A.

(AK, CA, HI, OR,

WA).

* * * * * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------

Dated: September 15, 1998.

Jamie Rappaport Clark,

Director, Fish and Wildlife Service.

[FR Doc. 98-29174 Filed 10-30-98; 8:45 am]

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