Federal Register / Vol. 65, No. 147 / Monday, July 31, 2000 / Rules and Regulations 46643

Issued on: July 25, 2000. DEPARTMENT OF THE INTERIOR ACTION: Final rule. Rosalyn G. Millman, and Wildlife Service SUMMARY: Under the authority of the Deputy Administrator. Endangered Act (Act) of 1973, [FR Doc. 00–19123 Filed 7–25–00; 5:00 pm] 50 CFR Part 17 as amended, we, the U.S. Fish and BILLING CODE 4910±59±C Wildlife Service (Service), extend endangered status for the short-tailed RIN 1018±AE91 (Phoebastria albatrus) to Endangered and Threatened Wildlife include the species’ range within the and Plants; Final Rule To List the United States. As a result of an Short-Tailed Albatross as Endangered administrative error in the original in the United States listing, the short-tailed albatross is currently listed as endangered AGENCY: Fish and Wildlife Service, throughout its range except in the Interior. United States. Short-tailed

VerDate 112000 18:38 Jul 28, 2000 Jkt 190000 PO 00000 Frm 00077 Fmt 4700 Sfmt 4700 E:\FR\FM\31JYR1.SGM pfrm11 PsN: 31JYR1 46644 Federal Register / Vol. 65, No. 147 / Monday, July 31, 2000 / Rules and Regulations range throughout the North Pacific short-tailed albatross, the Laysan because high numbers of were Ocean and north into the Bering Sea albatross (P. immutabilis), the black- seen nearshore during the summer and during the nonbreeding season; footed albatross (P. nigripes), and the fall months (Yesner 1976). Alaska Aleut breeding colonies are limited to two (P. irrorata)(AOU lore referred to local breeding birds, and Japanese , Torishima and 1998). the explorer O. Von Kotzebue reported that Natives harvested short-tailed Minami-kojima. Originally numbering Description in the millions, the current worldwide albatross eggs. However, while adult population of breeding age birds is The short-tailed albatross is a large bones were found in Aleut middens approximately 600 individuals and the pelagic with long narrow wings (refuse heaps), fledgling remains were worldwide total population is adapted for soaring just above the water not recorded in more than 400 samples approximately 1,200 individuals. There surface. The bill, which is (Yesner 1976). Yesner (1976) believed are no breeding populations of short- disproportionately large compared to that short-tailed albatrosses did not tailed albatrosses in the United States, the bills of other northern hemisphere breed in the Aleutians but were but several individuals have been albatrosses, is pink and hooked with a harvested offshore during the summer, regularly observed during the breeding bluish tip, with external tubular nonbreeding season. Given the season on Midway Atoll in the nostrils, and a thin but conspicuous midwinter constraints on breeding at northwestern Hawaiian Islands. Current black line extending around the base. high latitudes and the known southerly threats to the species include Adult short-tailed albatrosses are the location of winter breeding, it is highly destruction of breeding habitat by only with an unlikely that these birds ever bred in volcanic eruption or mud or land slides entirely white back. The white head Alaska (Sherburne 1993). caused by monsoon rains, and develops a yellow-gold crown and nape Additional historical information on demographic or genetic vulnerability over several years. Fledged juveniles are the species’ range away from known due to low population size and limited dark brown-black, but soon develop the breeding areas is scant. Evidence from breeding distribution. Longline pale bills and legs that distinguish them archeological studies in middens fisheries, plastics ingestion, from black-footed and Laysan suggests that hunters in kayaks had contaminants, and airplane strikes may albatrosses (Tuck 1978, Roberson 1980). access to an abundant nearshore supply also be factors affecting the species’ Historical Distribution of short-tailed albatrosses from conservation. This rule implements the California north to St. Lawrence The short-tailed albatross once ranged as early as 4,000 years ago (Howard and Federal protection and recovery throughout most of the North Pacific provisions provided by the Act for Dodson 1933, Yesner and Aigner 1976, Ocean and Bering Sea, with known Murie 1959). In the 1880s and 1890s, individuals when they occur in the nesting colonies on the following United States. short-tailed albatross abundance and islands: Torishima in the Seven Islands distribution during the nonbreeding DATES: This rule is effective August 30, of Izu Group in ; Mukojima, season was generalized by statements 2000. Nishinoshima, Yomeshima, and such as ‘‘more or less numerous’’ in the ADDRESSES: The complete file for this Kitanoshima in the of vicinity of the Aleutian Islands (Yesner rule is available for inspection, by Japan; Kita-daitojima, Minami- 1976). They were reported as highly appointment, during normal business daitojima, and Okino-daitojima of the abundant around Cape Newenham, in hours at the Anchorage Field Office, Daito group of Japan; Senkaku Retto of western Alaska (DeGange 1981), and U.S. Fish and Wildlife Service, 605 southern Ryukyu Islands of Japan, Veniaminof regarded them as abundant West 4th Avenue, Room G–62, including Minami-kojima, Kobisho, and near the Pribilof Islands (Gabrielson and Anchorage, AK 99501 (telephone 907/ Uotsurijima; in the western Lincoln 1959). In 1904, they were 271–2888). Volcanic Islands (Kazan-Retto) of Japan; considered ‘‘tolerably common on both FOR FURTHER INFORMATION CONTACT: Greg Agincourt Island, Taiwan; and coasts of Vancouver Island, but more Balogh, Endangered Species Biologist, at Pescadore Islands, of Taiwan, including abundant on the west coast’’ (Kermode the above address or telephone 907/ Byosho Island (Hasegawa 1979, King in Campbell et al., 1990). 271–2778. 1981). Other undocumented nesting colonies may have existed. For example, Historical Population Status SUPPLEMENTARY INFORMATION: recent observations, together with At the beginning of the 20th century, Background records from the 1930s, suggest that the the species declined in population short-tailed albatross may have once numbers to near , primarily as nested on Midway Atoll. However, no a result of hunting at the breeding George Steller made the first record of confirmed historical breeding accounts colonies in Japan. Albatross were killed the short-tailed albatross in the 1740s. are available for this area. Throughout for their feathers and various other body The type specimen for the species was this rule when we refer to Midway parts. The down feathers were used for collected offshore of Kamchatka, Russia, Atoll, we mean the complex of islets quilts and pillows, and wing and tail and was described in 1769 by P.S. Pallas that occur within Midway Atoll that feathers were used for writing quills; in Spicilegia Zoologica (American includes Sand Islet, Eastern Islet, and their bodies were processed into Ornithologists’ Union (AOU) 1997). In Spit Islet. Midway Atoll is located east fertilizer and rendered into fat, and their the order of tube-nosed marine birds, of Kure Atoll, at the northwestern end eggs were collected for food (Austin , the short-tailed of the Hawaiian Archipelago. A subset 1949). albatross is classified within the family of atolls, islands, and reefs located north Pre-exploitation worldwide Diomedeidae. Until recently, it had been and west of the main Hawaiian Islands population estimates of short-tailed assigned to the Diomedea. (Hawaii Island to Kauai Island) is albatrosses are not known; the total Following the results of genetic studies known as the northwestern Hawaiian number of birds harvested may provide by Nunn et al. (1996), the family Islands (Nihoa Island to Kure Atoll). the best estimate, since the harvest Diomedeidae was arranged in four Early naturalists, such as Turner and drove the species nearly to extinction. genera. The genus Phoebastria, North Chamisso, believed that short-tailed Between approximately 1885 and 1903, Pacific albatrosses, now includes the albatrosses bred in the Aleutian Islands an estimated five million short-tailed

VerDate 112000 18:38 Jul 28, 2000 Jkt 190000 PO 00000 Frm 00078 Fmt 4700 Sfmt 4700 E:\FR\FM\31JYR1.SGM pfrm11 PsN: 31JYR1 Federal Register / Vol. 65, No. 147 / Monday, July 31, 2000 / Rules and Regulations 46645 albatrosses were harvested from the breeding sites are limited (Hasegawa the years following the reported breeding colony on Torishima 1997). observation, the reported nest location (Yamashina in Austin 1949), and In 1971, 12 adult short-tailed on Sand Islet in the Midway Atoll was harvest continued until the early 1930s, albatrosses were discovered on Minami- paved, and tens of thousands of except for a few years following the kojima in the Senkaku Islands, one of albatrosses were exterminated from 1903 volcanic eruption. One of the the former breeding colony sites Sand Islet to construct an aircraft residents on the island (a schoolteacher) (Hasegawa 1984). Aerial surveys in 1979 runway and to provide safe conditions reported 3,000 albatrosses killed in and 1980 resulted in observations of for aircraft landings and departures. It is December 1932 and January 1933. By between 16 and 35 adults. In April possible that, if any short-tailed 1949, there were no short-tailed 1988, the first confirmed chicks on albatrosses were nesting on the island, albatrosses breeding at any of the Minami-kojima were observed, and in the individuals were either displaced or historically known breeding sites, March 1991, 10 chicks were observed. killed during this process (E. Flint, including Torishima, and the species In 1991, the estimate for the population Service, Honolulu pers. comm. 1999). was thought to be extinct (Austin 1949). on Minami-kojima was 75 birds and 15 An adult short-tailed albatross was The species persisted, however, and breeding pairs (Hasegawa 1991). In banded at Eastern Islet in Midway Atoll in 1950, the chief of the weather station 1999, the estimate for the population is on March 18, 1966 (Sanger 1972). at Torishima, Mr. M. Yamamoto, 150 birds and 30 breeding pairs (H. Beginning in November 1972 and reported nesting of the short-tailed Hasegawa pers. comm. 1999). There is continuing through at least February 10, albatross (Tickell 1973, 1975). By 1954 no information available on historical 1983, an individual banded as a chick there were 25 birds and at least 6 pairs numbers at this breeding site. on Torishima in March 1964 (band (Ono 1955). These were presumably Short-tailed albatrosses have been number 558–30754) returned to the observed on Midway Atoll since the birds that had been wandering the North Midway Atoll during most or all 1930s (Berger 1972, Hadden 1941, Pacific during the final several years of breeding seasons, and was regularly Fisher in Tickell 1973, Robbins in slaughter. Since then, as a result of observed on the west side of Sand Islet Hasegawa and DeGange 1982), but there habitat management projects, stringent (Richardson 1994). An unbanded have never been more than two protection, and the absence of any immature bird was observed on Sand individuals reported on the Atoll during significant volcanic eruption events, the Islet in February 1981, but was not seen the same year, and no successful nesting population has gradually increased. The again. has been confirmed on the Atoll. The The first confirmed record of a short- average growth of the Torishima, islets of Midway Atoll are vegetated, flat tailed albatross nest and egg on the Tsubamesaki colony, between 1950 and coral sand. Three species of albatross Midway Atoll occurred in 1993. The 1977 was 2.5 adults per year; between (black-footed, Laysan, and short-tailed) female was banded (Yellow 015) as a 1978 and 1991 the average population occur on the islets. Black-footed and chick in Japan in 1982 and had been increase was 11 adults per year. An Laysan albatrosses are common, nesting returning to the same location on Sand average annual population growth of at everywhere on the islands except where Islet during the breeding season each least 7.8 percent per year (Hasegawa ironwood trees dominate the habitat. year since 1988. The nest was in a 1982, Cochrane and Starfield in prep.) About 160 people live on these islands, grassy space beside the southwest edge has resulted in a continuing increase in and a maximum of 100 visitors are of the active runway on Sand Islet very the breeding population to an estimated allowed at any one time. close to several black-footed albatross 388 breeding birds on Torishima in Midway Atoll is a National Wildlife nests. The female incubated the egg for 1997–1998 (H. Hasegawa, Toho Refuge managed by the Service for the at least 31 days, but eventually University, Chiba, Japan, pers. comm. conservation of and other fish abandoned the nest, and the egg was 1999). Torishima is under Japanese and wildlife and their habitats. The collected by our biologists and Government ownership and Refuge consists of roughly 31 square determined to be inviable. Yellow 015 management and is managed for the kilometers (12 square-miles) of marine subsequently laid and incubated an egg conservation of wildlife. At this time, waters and 607 hectares (1,500 acres) of in 1995 and 1997, but both eggs were there is no evidence that the breeding land consisting of three islets (Sand inviable (N. Hoffman, Service, Midway population on Torishima is limited by Islet, Eastern Islet, and Spit Islet). The Atoll National Wildlife Refuge pers. the number of nest sites; therefore, Refuge is between 28°05′ and 28°25′ N comm. 1999). ongoing management efforts focus on latitude and 177°10′ and 177°30′ W An adult short-tailed albatross, maintaining high rates of breeding longitude, 4,505 kilometers (km) (2,800 banded (White 000) as a chick at success. miles (mi)) west of San Francisco and Torishima in 1979, was first recorded at Two primary activities have been 3,539 km (2,200 mi) east of Japan. Midway Atoll in November 1985. It undertaken to enhance breeding success Approximately two million black-footed returned to the same site each year in on Torishima. First, erosion control and Laysan albatrosses nest at Midway. December and left each spring, usually efforts at the Tsubamesaki colony have The first short-tailed albatross in April, until early in the fall of 1994. improved nesting success. Second, an recorded on the Midway Atoll spent two Its pattern of behavior in the breeding attempt to establish a second breeding winters between 1938 and 1940, but was season was to sit in the colony except colony on Torishima involved an somehow injured and died (Richardson for occasional trips of 2 to 3 days length experimental program for luring 1994). Successful nesting by one pair in out to sea. In March 1994, Dr. Lee breeding birds to the opposite side of 1961 and 1962 was reported, but the Eberhardt observed and videotaped the island from the Tsubamesaki colony. validity of the report has been disputed breeding displays between White 000 Preliminary results of the experiment (Tickell 1996). The report was made by and Yellow 015 (Richardson 1994). are promising; the first chick was Dr. Harvey Fisher in a private letter White 000 returned to Midway in the produced in 1997. The expectation is written in 1983 to Dr. Hiroshi Hasegawa fall of 1994, but failed to return after a that absent a volcanic eruption or some of Toho University in Japan (Richardson routine foraging trip soon thereafter, and other catastrophic event, the population 1994). However, no photographs, has not been sighted again. on Torishima will continue to grow, but observation records, or log entries have A third adult short-tailed albatross, that it will be many years before the been found to verify this observation. In banded as Yellow 051 in 1989 on

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Torishima Island in Japan, was first those species travel hundreds of miles ten chicks were counted by H. observed in January 1996 on Eastern from the breeding colonies during the Hasegawa (pers. comm. 1997) in 1991. Islet within the Midway Atoll. Yellow breeding season (David Anderson, Wake Over the past 6 years, therefore, 051 was subsequently observed on Forest University, pers. comm. 1999). assuming a stable population, an Eastern Islet in December 1996 and in In summer (the nonbreeding season), estimated minimum of 60 chicks may February 1997. A fourth short-tailed individuals appear to disperse widely have fledged from Minami-kojima. albatross, banded as Blue 057 in 1988 throughout the historical range of the Based on an assumed average juvenile on Torishima Island in Japan, was first temperate and subarctic North Pacific (fledging to age of first breeding) observed in February 1999 on Eastern Ocean (Sanger 1972), with reported survival rate of 94 percent (Cochrane Islet. Blue 057 was observed a second observations concentrated in the and Starfield in prep.) and an average time in April 1999 on Sand Islet. northern Gulf of Alaska, Aleutian age of first breeding at 6 years (H. Observations of individuals have also Islands, and Bering Sea (McDermond Hasegawa pers. comm. 1997), this been made during the breeding season and Morgan 1993, Sherburne 1993, technique yields an estimate of about on Laysan Island, Green Island at Kure Service unpublished data). Individuals 600 immature individuals in the Atoll, and French Frigate Shoals, but have been recorded along the west coast population (rounded to tens). there is no indication that these of North America as far south as the Alternatively, modeling information occurrences represent established Baja Peninsula, Mexico (Palmer 1962). indicates that immature birds comprise breeding populations (Sekora 1977, Current Population approximately 47 percent of the total Fefer 1989). population in recent years, given The dramatic declines during the turn A worldwide population total may be current understanding of population of the century and recent increases in coarsely estimated by combining dynamics. Breeding age birds are numbers of short-tailed albatrosses were information from a variety of sources. estimated at 600; therefore, based on the reflected in observations from the Estimates of total numbers of breeding population modeling, we estimate that nonbreeding season. Between the 1950s age adults and immature birds may be the immature birds also number and 1970, there were few records of the obtained using a variety of different data approximately 600. The total population species away from the breeding grounds and methods. We rounded the total of short-tailed albatross is likely around (Palmer 1962, Tramontano 1970). There estimates to the nearest hundred birds, 1,200 birds. No numerical estimates of were 12 reported marine sightings in the reflecting the lack of precision in some uncertainty are available for this 1970s and 55 sightings in the 1980s; of the data. estimate. more than 250 sightings have been Breeding age population estimates The short-tailed albatross population reported in the 1990s to date (Sanger come primarily from egg counts and on Torishima Island is growing at a 1972, Hasegawa and DeGange 1982, breeding bird observations. Assuming 2 fairly rapid rate, especially given that it Service unpublished data). However, adults are present for each of the 212 is a long-lived and slow-to-reproduce this observed increase in opportunistic eggs counted, 424 breeding adults species. Habitat management within the sightings should be interpreted would have been present on Torishima species main nesting colony has cautiously, because of the potential in 1998–1999 (H. Hasegawa pers. comm. increased its nest success rate (H. temporal, spatial, and numerical biases 1999). Hasegawa (pers. comm. 1999) Hasegawa, pers. comm. 1997) and introduced by the opportunistic nature estimates there are currently 60 probably its population growth rate as of the shipboard observations. breeding adults on Minami-kojima. well. The recent annual population Observation effort, total number of Based on these estimates, the total growth rate (Cochrane and Starfield in vessels present, and location of vessels number of observed breeding birds is prep) in the Torishima short-tailed may have affected the number of thought to be approximately 480. It has albatross colony (7.8 percent) observations independent of an increase been noted that an average of approaches the maximum potential rate in total numbers of birds present. approximately 25 percent of breeding of increase (8 percent) that Fisher (1976) Moreover, the reporting rate of adults may not return to breed each year estimated for the in the observations has likely increased with (H. Hasegawa pers. comm. 1997). 1960s. implementation of outreach efforts by Therefore, a reasonable estimate is that Federal agencies and fishing interest approximately 120 additional breeding Demographic Information groups in the last few years. age birds may not be observed on the Short-tailed albatrosses are long-lived At-sea sightings since the 1940s breeding grounds in a given year. Based and slow to mature; the average age at indicate that the short-tailed albatross, on these estimates, we believe that there first breeding is 6 years old (H. while very few in number today, is is a total of approximately 600 breeding Hasegawa pers. comm. 1997). As many distributed widely throughout its age birds. as 25 percent of breeding age adults may historical foraging range of the Estimates of the number of immature not return to the colony in a given year temperate and subarctic North Pacific (nonbreeding) birds are more difficult to (H. Hasegawa pers. comm. 1997). Ocean (Sanger 1972; Service make because these individuals are Females lay a single egg each year, unpublished data) and is often found rarely seen between fledging and which is not replaced if destroyed close to the U.S. coast. From December breeding at approximately 6 years of (Austin 1949). Survival rates for all through April, distribution is age. We used two different methods to post-fledging ages combined are high concentrated near the breeding colonies estimate the number of immature birds (96 percent; H. Hasegawa pers. comm. in the Izu and Bonin Islands in the population: (1) Observational data 1997). Actual juvenile survival rates are (McDermond and Morgan 1993), of chicks fledged, and (2) modeling unknown, but are probably lower than although foraging trips may extend information. Both methods yielded adult survival rates. Cochrane and hundreds of miles or more from the similar results. H. Hasegawa (pers. Starfield (in prep) assume a subadult colony sites, if short-tailed albatross comm. 1999) reports that 586 chicks survival rate of 94 percent. Breeding behavior is similar to black-footed and were fledged from the Tsubamesaki success (the percent of eggs laid that Laysan albatrosses. Recent satellite colony on Torishima between 1993 and result in a fledged chick) varies between tracking of black-footed and Laysan 1998. The only information on number approximately 60 and 70 percent (H. albatrosses revealed that individuals of of chicks from Minami-kojima is that Hasegawa pers. comm. 1997). Low

VerDate 112000 18:38 Jul 28, 2000 Jkt 190000 PO 00000 Frm 00080 Fmt 4700 Sfmt 4700 E:\FR\FM\31JYR1.SGM pfrm11 PsN: 31JYR1 Federal Register / Vol. 65, No. 147 / Monday, July 31, 2000 / Rules and Regulations 46647 breeding success occurs in years when Marine Habitat albatross within U.S. territorial waters catastrophic volcanic or weather events Numerous records indicate that the includes Alaska’s vast coastal shelf occur during the breeding season. short-tailed albatross frequents break areas and the marine waters of Hawaii for foraging, but we do not know Breeding Biology nearshore and coastal waters, which may explain why another common how much or to what extent it utilizes At Torishima, birds arrive at the name for the species is the ‘‘coastal open ocean areas of the Gulf of Alaska, breeding colony in October and begin albatross.’’ However, the source of these North Pacific Ocean, and Bering Sea. nest building. Egg-laying begins in late records derives from boats that were There is no information on specific October and continues through late near shore to begin with. The lack of habitat or area use patterns within the November. The female lays a single egg, more pelagic observations may say more vast shelf break areas used by the incubation involves both parents and species. lasts for 64–65 days, eggs hatch in late about the distribution of boats than of December and January, and by late May albatrosses. Nevertheless, our short- Diet or early June, the chicks are almost full tailed albatross at-sea sightings’ database contains many observations of The diet of short-tailed albatrosses grown and the adults begin abandoning includes , fish, eggs of flying fish, their nests (H. Hasegawa pers. comm. short-tailed albatrosses within 10 km (6 mi) of shore, and several observations of shrimp, and other (Hattori 1997; Hasegawa and DeGange 1982). in Austin 1949, H. Hasegawa pers. The chicks fledge soon after the adults birds within 5 km (3 mi) of the shore (Terry Antrobus, Service, Anchorage, comm. 1997). There is currently no leave the colony: by mid-July, the information on variation of diet by breeding colony is totally deserted pers. comm. 2000). Their presence may coincide with areas of high biological season, habitat, or environmental (Austin 1949). Nonbreeders and failed condition. breeders disperse from the breeding productivity, such as along the west colony in late winter through spring coast of North America, the Bering Sea, Previous Federal Action (Hasegawa and DeGange 1982). There is and offshore from the Aleutians Currently, the short-tailed albatross is no detailed information on breeding (Hasegawa and DeGange 1982). The listed as endangered under the Act, activities on Minami-kojima, but it is North Pacific marine environment of the throughout its range, except in the likely to be similar to that on Torishima. short-tailed albatross is characterized by Short-tailed albatrosses are coastal regions of upwelling and high United States (50 CFR 17.11). The monogamous and highly philopatric to productivity and expansive, deep water species was originally listed as nesting areas (returning to the same beyond the continental shelf. endangered in accordance with the breeding site year after year). Chicks Specific geographic and seasonal Endangered Species Conservation Act of hatched at Torishima return there to distribution patterns within the marine 1969 (ESCA). Pursuant to the ESCA, two breed. However, young birds may range are not well understood. The separate lists of endangered wildlife occasionally disperse from their natal short-tailed albatross is a frequent were maintained, one for foreign species colonies to breed, as evidenced by the visitor to the productive waters in shelf and one for species native to the United appearance of adult birds on Midway break areas of the Northern Gulf of States. The short-tailed albatross Atoll that were banded as chicks on Alaska, Aleutians Islands, and Bering appeared only on the List of Endangered Torishima (H. Hasegawa pers. comm. Sea. Historically, short-tailed albatrosses Foreign Wildlife (35 FR 8495; June 2, 1997, Richardson 1994). were found in middens in coastal areas, 1970). When the Act became effective suggesting that they were available to on December 28, 1973, it superseded the Breeding Habitat hunters in kayaks close to shore. ESCA. The native and foreign lists were Available evidence from historical References from the early and mid- combined to create one list of accounts, and from current breeding 1900s suggest that short-tailed endangered and threatened species (39 sites, indicates that short-tailed albatrosses were more coastal in FR 1171; January 4, 1974). When the albatross nesting occurs on flat or distribution than black-footed or Laysan lists were combined, prior notice of the sloped sites, with sparse or full albatrosses. Very little information action for the short-tailed albatross was vegetation, on isolated windswept exists on the distribution of the short- not given to the governors of the offshore islands, with restricted human tailed albatross in open ocean areas; few affected States (Alaska, California, access (Aronoff 1960, Sherburne 1993, systematic scientific studies have been Hawaii, Oregon, and Washington), as DeGange 1981). Current nesting habitat conducted in these areas. Observations required by the Act, because available on Torishima is steep sites on soils over the last 10–15 years from vessels data were interpreted as not supporting containing loose volcanic ash. The and fishery observers are concentrated resident status for the short-tailed island is dominated by a grass, in the shelf break areas. Distributional albatross. Thus, native individuals of Miscanthus sinensis var. condensatus, data suggests that this species utilizes this species were never formally but a composite, Chrysanthemum coastal shelf break areas of the Aleutian proposed for listing pursuant to the pacificum, and a nettle, Boehmeria Islands, Bering Sea, and northern Gulf criteria and procedures of the Act. biloba, are also present (Hasegawa of Alaska on a regular basis for foraging. On July 25, 1979, we published a 1977). The grass is likely to stabilize the However, it is not known how notice (44 FR 43705) stating that, soil, provide protection from weather, important these areas are to the species, through an oversight in the listing of the and minimize mutual interference what percentage of the population visits short-tailed albatross and six other between nesting pairs while allowing these areas, what amount of time the endangered species, individuals for safe, open takeoffs and landings species spends in these coastal areas, or occurring in the United States were not (Hasegawa 1978). The nest is a grass or if it uses open ocean areas to the same protected by the Act. The notice stated moss-lined concave scoop about 0.75 degree. Additionally, the short-tailed that our intent was that all populations meters (m) (2 feet (ft.)) in diameter albatross is known to forage in the and individuals of the seven species (Tickell 1975). The only terrestrial area waters surrounding Hawaii including should be listed as endangered within U.S. jurisdiction that is currently Midway Atoll in the northwest wherever they occurred. Therefore, the used by the short-tailed albatross for Hawaiian Island chain. In summary, the notice stated that we intended to take attempted nesting is the Midway Atoll. marine range of the short-tailed action to propose endangered status for

VerDate 112000 18:38 Jul 28, 2000 Jkt 190000 PO 00000 Frm 00081 Fmt 4700 Sfmt 4700 E:\FR\FM\31JYR1.SGM pfrm11 PsN: 31JYR1 46648 Federal Register / Vol. 65, No. 147 / Monday, July 31, 2000 / Rules and Regulations individuals occurring in the United to the proposal. The comments from Torishima would delay the recovery of States. both Mexico and China were received the species or jeopardize its continued On July 25, 1980, we published a after the close of the public comment existence. proposed rule (45 FR 49844; July 25, period. Torishima is an active 1980) to list, in the United States, the We also published notices of the approximately 394 m (1,300 ft) high and short-tailed albatross and four of the proposed rule in the Seattle Times and 2.6 km (1.6 mi) wide (H. Hasegawa pers. other species referred to above. No final Anchorage Daily News on December 13, comm. 1997) located at 30.48° N and action was taken on the July 25, 1980, 1998, and in the Juneau Empire on 140.32° E (Simkin and Siebert 1994). proposal. In 1996, we designated the December 15, 1998. In addition to the The earliest record of a volcanic short-tailed albatross as a candidate for three comments received from peer eruption at Torishima is a report of a listing in the United States (62 FR reviewers, two additional comments in 1871 (Simkin 49398; September 19, 1997). On were received during the comment and Siebert 1994), but there is no November 2, 1998, we issued an period. All five of the comments information on the magnitude or effects updated proposed rule to list the short- supported the proposed listing. We of this eruption. Since the first recorded tailed albatross as endangered in the received two comments after the human occupation on the island in United States (63 FR 58692; November comment period closed (in addition to 1887, four eruptions have been 2, 1998). those submitted by the People’s recorded: (1) On August 7, 1902, an The processing of this final rule Republic of China and Mexico); one was explosive eruption in the central and conforms with our current Listing in support of the proposed listing, and flank vents resulted in flow and a Priority Guidance published in the one was neutral. No comments submarine eruption and caused 125 Federal Register on October 22, 1999 questioned the action proposed, the human mortalities; (2) on August 17, (64 FR 57114). The guidance clarifies information upon which we based our 1939, an explosive eruption in the the order in which we will process conclusions, or any other matters central vent resulted in lava flow and rulemakings. Our first priority is relevant to the section 4 listing. caused two human mortalities; (3) on processing emergency listing rules for Editorial and technical comments were November 13, 1965, a submarine any species determined to face a made by some reviewers and were eruption occurred; and (4) on October 2, significant and imminent risk to its incorporated into the final rule, as 1975, a submarine eruption occurred 9 well-being. Second priority is appropriate. No public hearings were km (5.4 mi) south of Torishima (Simkin processing final determinations on requested. and Siebert 1994). The literature also proposed additions to the lists of refers to an additional eruption in 1940, endangered and threatened wildlife and Summary of Factors Affecting the which resulted in lava flow that filled plants (such as this final rule). Third Species the island’s only place suitable for priority is processing new proposals to After a thorough review and vessels to anchor (Austin 1949). add species to the lists. The processing consideration of all information of administrative petition findings available, we have determined that Austin (1949) visited the waters (petitions filed under section 4 of the endangered status for the short-tailed around Torishima in 1949 and made the Act) is the fourth priority. albatross should be extended to include following observations: ‘‘The only part the species range within the United of Torishima not affected by the recent Summary of Comments and States. Under the procedures found at volcanic activity is the steep northwest Recommendations section 4(a)(1) of the Act, and the slopes where the low buildings In the November 2, 1998, proposed regulations implementing the listing occupied by the weather station staff are rule and associated notifications, all provisions of the Act (50 CFR part 424), huddled. Elsewhere, except on the interested parties were requested to a species may be determined to be forbidding vertical cliffs, the entire submit factual reports or information endangered or threatened due to one or surface of the island is now covered that might contribute to the more of the five factors described in with stark, lifeless, black-gray lava. development of a final rule. Appropriate section 4(a)(1). These factors and their Where the flow thins out on the Federal and State agencies, State application to the short-tailed albatross northwest slopes, a few dead, white governments, scientific organizations, (Phoebastria albatrus) are as follows: sticks are mute remnants of the brush and other interested parties were A. The present or threatened growth that formerly covered the island. contacted and asked to comment. destruction, modification, or Also on these slopes some sparse grassy During the open public comment curtailment of its habitat or range. vegetation is visible, but there is no sign period, we solicited information from Short-tailed albatrosses face a of those thick reeds, or ‘‘makusa’’ that five independent scientists in significant threat to the primary formerly sheltered the albatross compliance with our peer review policy breeding colony on Torishima due to colonies. The main crater is still (59 FR 34270; July 1, 1994). Three of the the potential of habitat destruction from smoking and fumes issue from cracks peer reviewers responded with volcanic eruptions on the island. The and fissures all over the summit of the comments. All three supported the threat is not predictable in time or in island.’’ listing of the short-tailed albatross as magnitude. Eruptions could be In 1965, meteorological staff stationed endangered throughout its range. We catastrophic or minor, and could occur on the island were evacuated on an also solicited comments from the at any time of year. A catastrophic emergency basis due to a high level of governments of Canada, the People’s eruption during the breeding season seismic activity; although no eruption Republic of China, Vietnam, the could result in chick or adult mortalities followed, the island has since been Republic of Korea, the Phillippines, as well as destruction of nesting habitat. considered too dangerous for permanent Norway, the Russian Federation, Japan, Additionally, breeding habitat and human occupation (Tickell 1973). In and Mexico. Comments were received nesting birds are threatened by frequent late 1997, Hiroshi Hasegawa observed from the Government of Mexico mud slides and erosion caused by the more steam from the volcano crater, a supporting the action; comments from monsoon rains that occur on the island. more pronounced bulge in the center of the People’s Republic of China were Significant loss of currently occupied the crater, and more sulphur crusts neutral, neither supporting nor objecting breeding habitat or breeding adults at around the crater than were previously

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The educational purposes. and through recovery planning. monsoon rains that occur on the island C. Disease or predation. No known The short-tailed albatross is listed as result in frequent mud slides and diseases affect short-tailed albatrosses endangered on the State of Alaska’s list erosion of these soils, which can result on Torishima or Minami-kojima today. of endangered species (State of Alaska, in habitat loss and chick mortality. A However, the world population is Alaska Statutes, Article 4. Sec. typhoon in 1995 occurred just before the vulnerable to the effects of disease 16.20.19). This classification was breeding season and destroyed most of because of the small population size and supported by a letter to Commissioner the vegetation at the Tsubamezaki extremely limited number of breeding Noerenberg from J.C. Bartonek (1972, in colony. Without the protection provided sites. H. Hasegawa (pers. comm. 1997) litt.) in which he recommended by vegetation, eggs and chicks are at reports that he has observed a wing- endangered status because the short- greater risk of mortality from monsoon disabled bird every few years on tailed albatross occurs or ‘‘was likely’’ to rains, sand storms, and wind (H. Torishima, but the cause of the occur in State waters within the 3-mile Hasegawa pers. comm. 1997). Breeding disability is not known. An avian pox limit of State jurisdiction (Sherburne success at Tsubamezaki is lower in has been observed in chicks of albatross 1993). Under the Alaska Endangered years when significant typhoons result species on Midway Atoll, but whether Species Act, endangered species may in mud slides (H. Hasegawa pers. comm. this pox infects short-tailed albatrosses not be harvested, captured, or 1997). or may have an effect on the propagated, except under a special In 1981, a project was supported by survivorship of any albatross species is permit from the Alaska Department of the Environment Agency of Japan and unknown (T. Work, D.V.M., USGS, Fish and Game. In addition, the law the Metropolitan Government to Hawaii). requires the commissioners of the improve nesting habitat by transplanting Several parasites have been departments of Fish and Game and grass and stabilizing the loose volcanic documented on short-tailed albatrosses Natural Resources to protect the natural soils (Hasegawa 1991). Breeding success on Torishima in the past including: a habitat of endangered species on lands at the Tsubamezaki colony has bloodsucking tick that attacks its host’s under their jurisdiction (Schoen 1996). increased following habitat feet, a feather louse, and a carnivorous The short-tailed albatross does not enhancement (H. Hasegawa pers. comm. beetle (Austin 1949). However, current appear on the State list of Hawaii’s list 1997). Current population enhancement evidence suggests that no parasites of threatened and endangered species. efforts in Japan are concentrated on affect short-tailed albatrosses on The Japanese Government designated attracting breeding birds to an alternate, Torishima today, and no evidence the short-tailed albatross as a protected well-vegetated colony site on Torishima indicates that parasites caused mortality species in 1958, as a Special National that is less likely to be impacted by lava or had population level impacts in the Monument in 1962 (Hasegawa and flow, mud slides, or erosion than the past (H. Hasegawa pers. comm. 1997). DeGange 1982) and as a Special Bird for Tsubamezaki colony site (H. Hasegawa Sharks (subclass elasmobranchii) may Protection in 1972 (King 1981). pers. comm. 1997). Japan’s ‘‘Short-tailed take fledgling short-tailed albatrosses as Torishima was declared a National Albatross Conservation and they desert the colony and take to the Monument in 1965 (King 1981). These Management Master Plan’’ surrounding waters (Harrison 1979). designations have resulted in tight (Environment Agency 1996) sets forth a Shark predation is well documented restrictions on human activities and long-term goal of examining the among other albatross species, but has disturbance on Torishima (H. Hasegawa possibility of establishing additional not been documented for the short- pers. comm. 1997). In 1992, the species breeding grounds away from Torishima tailed albatross. The crow, Corvus sp., is was classified as ‘‘endangered’’ under once there are at least 1,000 birds on the only historically known avian the newly implemented ‘‘Species Torishima. Until other safe breeding predator of chicks on Torishima. Hattori Preservation Act’’ in Japan, which sites are established, however, short- (in Austin 1949) reported that one-third makes Federal funds available for tailed albatross survival will continue to of the chicks on Torishima were killed conservation programs and requires that be at risk due to the possibility of by crows, but crows are not present on a 10-year plan be in place that sets forth significant habitat loss and mortality the island today (H. Hasegawa pers. conservation goals for the species. The from unpredictable natural catastrophic comm. 1997). Black or ship rats were current Japanese ‘‘Short-tailed Albatross volcanic eruptions and frequent mud introduced to Torishima at some point Conservation and Management Master slides and erosion that result from during human occupation, but their Plan’’ outlines general goals for monsoon rains on the island. effect on short-tailed albatrosses in continuing management and monitoring B. Overutilization for commercial, unknown. Cats were also present, most of the species, and future conservation recreational, scientific, or educational likely introduced during the feather needs (Environment Agency 1996). The purposes. As described above under hunting period. They have caused principal management practices used on Historical Population Status, direct damage to other seabirds on the island Torishima are legal protection, habitat harvest of short-tailed albatrosses (Ono 1955), but there is no evidence to enhancement, and population caused a catastrophic decline in indicate an adverse effect to short-tailed monitoring. Torishima and Minami- population numbers (refer to the albatrosses. Cats were present on kojima are the only two confirmed Historical Population Status section); Torishima in 1973 (Tickell 1975), but breeding sites for short-tailed today, direct harvest of short-tailed Hasegawa (1982) did not subsequently albatrosses, and both are under Japanese albatrosses is rare. Hasegawa (pers. find any evidence of cats on the island. ownership and management. Of concern comm. 1997) reports that some local D. The inadequacy of existing is that Minami-kojima has also been Japanese fishermen in Izu and Ryukyuu regulatory mechanisms. The short-tailed claimed by the Nationalist Republic of Islands hunt seabirds and may take albatross is currently listed under the China and the People’s Republic of

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China. The situation may present breeding colonies in protected habitats breeding colonies, could affect the logistical and diplomatic problems in would help to secure the recovery of the population significantly. The species’ attempts to implement protection for the species; however, such an effort is habit of feeding at the surface of the sea colony on the island (Tickell 1975). problematic. First, the population must makes them vulnerable to oil We were informed by the Endangered be large enough to allow them to be contamination. Dr. Hiroshi Hasegawa Species of Wild Fauna and Flora Import available to colonize new sites through (pers. comm. 1997) has observed some and Export Administrative Office that natural dispersal or allow humans to birds on Torishima with oil spots on short-tailed albatross is listed as a take birds from the wild to initiate such their plumage. national first-class wildlife species for an effort. Secondly, we do not Consumption of plastics may also be protection in the Law of the People’s sufficiently understand the ecological a factor affecting the species’ Republic of China on the Protection of requirements of breeding colony sites to conservation and recovery. Albatrosses Wildlife that was promulgated in 1998 allow us to undertake such an effort often consume plastics at sea, (Meng Xianlin, in litt. 1999). The with confidence of success. Thus far, presumably mistaking the plastics for hunting, capture, or killing of the short- the only other known site where the food items, or consuming marine life tailed albatross is prohibited, and its birds have attempted to nest is on the such as the eggs of flying fish that are habitats are legally protected. Midway Atoll, where all those attempts attached to floating objects. Dr. Hiroshi On July 1, 1975, the short-tailed have been unsuccessful. Until the Hasegawa (pers. comm. 1997) reports albatross was included in Appendix I of population increases significantly in that short-tailed albatrosses on the Convention on International Trade number and additional breeding Torishima commonly regurgitate large in Endangered Species of Wild Fauna colonies are established, the short-tailed amounts of plastics debris. Plastics and Flora (CITES). CITES is a treaty albatross will remain vulnerable to ingestion can result in injury or established to prevent international extinction. Genetic diversity of the mortality to albatrosses if sharp plastic trade that may be detrimental to the worldwide population may also be pieces cause internal injuries, or survival of plants and . cause for concern since the species through reduction in ingested food Generally, both import and export experienced a severe genetic bottleneck volumes and dehydration (Sievert and permits are required from the importing during the middle of this century. Sileo in McDermond and Morgan 1993). and exporting countries before an The risk of extinction caused by a Young birds may be particularly Appendix I species may be shipped, and catastrophic event at either of the two vulnerable to potential effects of plastic Appendix I species may not be imported breeding colonies is buffered by adult ingestion prior to developing the ability for primarily commercial purposes. and immature nonbreeding birds that to regurgitate (Fefer 1989, in litt.). CITES export permits may not be issued are at sea during the breeding season. Auman (1994) found that Laysan if the export will be detrimental to the An average of 25 percent of breeding age albatross chicks found dead in the survival of the species or if the adults do not return to breed each year colony had significantly greater plastics specimens were not legally acquired. (H. Hasegawa pers. comm. 1997), and loads than chicks within the population However, CITES does not itself regulate immature birds do not return to the as a whole. This comparison was based take or domestic trade. The Migratory colony to breed until at least 6 years on examinations of chicks injured by Bird Treaty Act of 1918, as amended after fledging (H. Hasegawa pers. comm. vehicles, which is presumably unrelated (MBTA: 16 U.S.C. 703 et seq.), currently 1997). Modeling information suggests to plastics ingestion, and therefore protects short-tailed albatrosses from that about half of the current total representative of the population. taking in areas under its jurisdiction. worldwide population may be immature Hasegawa has observed a large increase E. Other natural or manmade factors birds. If suitable habitat were still in the occurrence of plastics in birds on affecting its continued existence. Other available on Torishima or Minami- Torishima over the last 10 years (R. factors potentially represent threats to kojima, these birds could recolonize in Steiner pers. comm. 1998), but the effect the species conservation and recovery. years following a catastrophic event. on survival and population growth is One of these factors is small Another potential threat to the not known. population size; another is the fact that species’ conservation and recovery is Another potential threat to short- only two breeding populations exist. damage or injury related to oil tailed albatross conservation and The worldwide breeding-age population contamination, which could cause recovery is mortality incidental to of short-tailed albatrosses numbers physiological problems from petroleum longline fishing in the North Pacific and approximately 600 individuals. A toxicity and by interfering with the Bering Sea. Short-tailed albatross significant proportion of these bird’s ability to thermoregulate. Oil mortalities occur in longline fisheries as individuals nest in the Tsubamezaki spills can occur in many parts of the a result of baited longline hooks that are colony on Torishima. The remaining short-tailed albatrosses’ marine range. accessible to foraging albatrosses, small number of breeding birds nest on Oil development has been considered in primarily during line setting. Five short- Minami-kojima. Because the population the past in the vicinity of the Senkaku tailed albatrosses are known to have size is small, and breeding is limited to Islands (Hasegawa 1981, in litt.). Future been taken by longline fisheries in only two colonies, a catastrophic industrial development would Alaska from 1983–1996. In consultation volcanic or weather event on Torishima introduce the risk of local marine with the National Marine Fisheries or Minami-kojima has the potential not contamination, or pollution due to Service, we determined that the Alaskan only to significantly reduce the numbers blowouts, spills, and leaks related to oil groundfish and halibut fisheries are of birds in the world, but also to reduce extraction, transfer, and transportation. likely to adversely affect short-tailed the worldwide breeding population to a Historically short-tailed albatrosses albatrosses, but are not likely to result level where the risk of extinction is rafted together in the waters around in an appreciable reduction in the high. Both the small population size and Torishima (Austin 1949), and small likelihood of survival and recovery of severely limited number of breeding groups of individuals have occasionally the species (Service 1989 and colonies increases the vulnerability of been observed at sea (Service amendments, Service 1998, Service the species to extinction caused by unpublished data). An oil spill in an 1999). Consultation under section 7 of random stochastic events. The natural area where a large number of the Act is now being conducted for the or artificial establishment of additional individuals were rafting, such as near Hawaiian longline fishery; the amount

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Bird on this evaluation, we extend the listing however, black-footed albatrosses and activity advisories are provided to the of the short-tailed albatross as Laysan albatrosses have been taken (E. pilots, and recommendations are endangered to include its U.S. range. Flint pers. comm. 2000). The National suggested to modify approaches and We are also correcting the information Marine Fisheries Service is currently landings at the airfield to avoid in the Historic Range column of the investigating whether collisions with collisions. During nesting seasons, short-tailed albatross entry in the list of sonar cables (third wires) associated runway sweeps become more involved endangered and threatened species (50 with commercial trawl vessels may be with several crews hazing birds from the CFR 17.11(h)). The information in this adversely affecting short-tailed runway. column currently indicates the species’ albatrosses (K. Rivera, NMFS, pers. A female short-tailed albatross (band: historic range includes the North Pacific comm. 2000). yellow 015) has resided about 150 ft (50 Ocean and Bering Sea, and lands and In general, seabirds are vulnerable to m) from the end of the Midway Atoll waters of Japan, China, Russia, and the becoming entangled in derelict fishing National Wildlife Refuge runway since United States. We will correct this entry gear. Laysan and black-footed 1989. It is known to reside on the islet to include Taiwan, Canada, and Mexico. albatrosses are occasionally entangled in during the nesting season, from This column is nonregulatory in nature derelict fishing gear on land and at sea November to April. Although the bird is and is provided for the information of in the Hawaiian Islands National located close to the runway, aircraft are the reader. Wildlife Refuge (E. Flint pers. comm. unlikely to collide with it because most 2000). The magnitude of impacts caused landings and takeoffs, during November Critical Habitat by derelict gear from international to April, occur at night when birds are Section 4(a)(3) of the Act, as longline fisheries is unknown. less likely to be in flight. There have amended, and implementing regulations Hasegawa (pers. comm. 1997) reports been no reports of Yellow 015 having a (50 CFR 424.12), require that we that three to four birds per year on close encounter with aircraft, according designate critical habitat, to the Torishima come ashore entangled in to ground crews that monitor this bird maximum extent prudent and derelict fishing gear, some of which die during take-offs and landings (B. Dieli, determinable, at the time a species is as a result. He also stated that some take Service, Midway Atoll National Wildlife listed as endangered or threatened. by Japanese fishermen (handliners) may Refuge pers. comm. 1999). Designation is not prudent when one or occur near the nesting colonies, both of the following situations exist: (1) Summary although no such take has been The species is threatened by taking or reported. There is no additional The worldwide population of short- other human activity, and identification information on the potential effects of tailed albatrosses continues to be in of critical habitat can be expected to fisheries near Torishima on the species. danger of extinction throughout its increase the degree of such threat to the Lost or abandoned fishing gear is a range due to natural environmental species, or (2) such designation of threat to the species throughout its threats, small population size, and the critical habitat would not be beneficial range, and is not restricted to the short- small number of breeding colonies. to the species. tailed albatross colony around Longline fishing, plastics pollution, oil Critical habitat is defined in section Torishima Island, Japan. contamination, and airplane strikes are 3(5)(a) of the Act as: (i) The specific At the current population level and not viewed as threats to the species areas within the geographical area growth rate, the level of mortality survival, but we do consider them occupied by a species, at the time it is resulting from longline fisheries is not threats to the species conservation and listed in accordance with the Act, on thought to represent a threat to the recovery (i.e., these factors, by which are found those physical or species’ continued survival, although it themselves, will probably not cause the biological features (I) essential to the likely is slowing the recovery. In extinction of the species, but have the conservation of the species and (II) that addition, in the event of a major potential to slow down recovery of the may require special management population decline resulting from a species). We believe that these factors considerations or protection; and (ii) natural environmental catastrophe or an may hamper recovery not by adversly specific areas outside the geographical oil spill, the effects of longline fisheries modifying or distroying habitat, but by area occupied by a species at the time on short-tailed albatrosses could be affecting the survival of individual it is listed, upon a determination that significant. birds. such areas are essential for the We have documented Most of the world’s breeding conservation of the species. collisions with airplanes on Midway population nests on Torishima Island in ‘‘Conservation’’ means the use of all Atoll National Wildlife Refuge since the Tsubamezaki colony. These methods and procedures needed to operation of the airfield was transferred individuals and the breeding habitat are bring the species to the point at which from the Department of Defense to the at risk of measurable or significant listing under the Act is no longer Department of the Interior in July 1997. population level impacts from a necessary. Since acquiring the airfield, we have volcanic eruption on the island. The In the November 2, 1998, proposed implemented several precautionary habitat at Tsubamezaki is further rule, we determined that designation of mechanisms to reduce and document threatened by continued erosion and critical habitat was not prudent for the seabird collisions. Transient aircraft mud slides from monsoon rains despite short-tailed albatross, based on our (primarily U.S. Military or U.S. Coast the reduction of risk through habitat analysis and determination that such Guard C–130 airplanes) are required to management. The only other known designation would not be beneficial to obtain prior permission before landing breeding location is on Minami-kojima, the species. With regard to breeding at the Midway Atoll National Wildlife which is threatened by political unrest areas and potential breeding areas Refuge. Aircraft are advised to land and internationally disputed ownership. within the United States or under

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United States jurisdiction, we include both breeding and marine the short-tailed albatross concentrates concluded that there would be no habitat. its feeding efforts along the shelf-break additional benefit or protection Critical habitat cannot be designated areas in the Bering Sea and along the conferred through the designation of within foreign countries or in other Aleutian Islands. However, the vast critical habitat on the Midway Atoll areas outside of United States majority of these observations are made National Wildlife Refuge over that jurisdiction (50 CFR 424.12(h)). Thus, from commercial fishing vessels plying conferred through the jeopardy standard we would only consider for designation these waters; few vessels from which we of section 7 of the Act. With regard to any habitats on United States land, in have requested observation data operate foraging areas in the waters of the United States territorial waters, within very far from these shelf break areas. United States or under United States the United States Exclusive Economic Some of these vessels have reported that jurisdiction, we concluded there would Zone from 0–321 km (0–200 mi) from short-tailed albatross are much more be no additional benefit because there is shore, or in other areas within the common during some years than others, currently no information to support a jurisdiction of the United States. This suggesting that most of the birds are conclusion that any specific marine albatross comes ashore primarily for feeding elsewhere. Furthermore, we habitat areas within United States breeding. The only areas where the have recorded several short-tailed jurisdiction are uniquely important. short-tailed albatross successfully albatross observations made by More importantly, adverse effects that breeds is on the Torishima and Minami- individuals aboard research vessels far have occurred in the marine kojima Islands of Japan. The only area from the shelf-break areas frequented by environment have been a result of within U.S. jurisdiction where albatross commercial fishing vessels, suggesting activities, such as longline fishing, that have attempted breeding is Midway that the birds do forage away from the threaten individual albatrosses rather Atoll. However, there is no current shelf-break areas as well. than albatross habitat. These effects will breeding population on Midway, and no We note that this species has be addressed through the jeopardy evidence that a breeding population historically been referred to as the standard of section 7 of the Act and existed there in the past. We currently coastal albatross. However, there is no through the section 9 prohibitions of the do not consider Midway Atoll to objective data to suggest that this Act. With regard to foraging areas in provide important breeding habitat for species used coastal areas more heavily United States waters, the proposed rule the species. Given the short-tailed than offshore areas. That it was also concluded there would be no albatross’ apparent failure to historically sighted from shore was additional benefit or protection successfully colonize Midway Atoll, we likely an artifact of its once-large conferred through the destruction or find that it does not contain features population size; given 5 million short- adverse modification standard for essential to the conservation of the tailed albatrosses wandering across the critical habitat under section 7 of the species at this time. Based on this North Pacific, many were bound to have Act. We did not receive any comments information we determined that been observed from shore. during the public comment period on Midway Atoll does not constitute The recent rate of annual growth in this proposed determination. critical habitat for this species at this the Torishima short-tailed albatross We believe that proposed time. However, should these colony (7.8 percent) approaches the determination was correct. Given the circumstances change, such as with maximum potential rate of increase (8 lack of habitat-related threats within successful breeding, we will reevaluate percent) that Fisher (1976) estimated for U.S. territory for this species, the the contribution of this area to the Laysan albatross in the 1960s, before informational and educational benefits conservation and recovery of the fisheries bycatch and contaminants normally associated with critical habitat species. affected that population. The fact that designation would not occur. With the exception of Midway Atoll, the short-tailed albatross’ population is Furthermore, there are no areas that we the short-tailed albatross habitat within growing at a rate that is probably near could identify as meeting the definition United States jurisdiction is almost its maximum biological capacity for of critical habitat. entirely marine (rare sightings of growth, allows us to infer that nothing In accordance with the Act, a critical transient birds are made on other about the bird’s marine habitat is habitat designation can include areas Hawaiian Islands). The species uses limiting population growth. Because the outside the species current range if we marine habitat for foraging. Marine North Pacific Ocean and Bearing Sea determine that they are essential to the habitats occupied by short-tailed once supported millions of short-tailed conservation of the species. We have not albatrosses within United States albatross, we believe that this species is found any areas outside the current jurisdiction are vast. Areas with not anywhere near its habitat carrying range of the species to be essential for essential physical and biological capacity, and it will be some time before the conservation of the species. Our best features are likely to occur throughout any feature of its marine habitat data suggests that the short-tailed the temperate and subarctic North becomes a critical limiting factor to albatross still occupies all of its marine- Pacific Ocean, along the west coast of population growth. Thus, we conclude based historical range. North America as far south as the Baja that there is no need for special For areas within the geographical Peninsula, Mexico. Individuals are management or protection of any marine range currently occupied by the species, widely distributed throughout this vast habitat feature with regards to the short- critical habitat is considered to be those marine range. Because of the species’ tailed albatross. Indeed, if we were able areas that have the physical and highly mobile, pelagic nature, any to increase the amount of forage fish biological features essential to the individual short-tailed albatross has the throughout the species entire range, this conservation of the species and require potential to occur at any location action may not result in an appreciable special management consideration or throughout its marine range. In addition increase in the population growth rate protection. Areas within the geographic to the species being highly mobile, its of short-tailed albatross, given that the range currently occupied by the species prey species (e.g., squid, fish, and eggs species population is already growing at that might be considered to have the of flying fish) are also highly mobile, a rate that may be approaching its features essential for the conservation of exhibiting seasonal and inter-annual maximum biological capacity. To the species and that might require variations in distribution. Available increase the availability of prey species special management or protection albatross observation data suggests that within U.S. waters only would be even

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Section is to identify to the maximum extent and enact special management or 7(a)(2) requires Federal agencies to practicable, at the time a species is protections. ensure that activities they authorize, listed, those activities that would or Because this species’ precarious fund, or carry out are not likely to would not constitute a violation of situation derives entirely from historical jeopardize the continued existence of section 9 of the Act. The intent of this harvest of the birds themselves, and not any listed species or destroy or policy is to increase public awareness of from any action that caused habitat adversely modify its critical habitat. If a degradation, and because marine habitat Federal action may affect a listed the effect of the listing on proposed and does not appear to be a factor limiting species or its critical habitat, the ongoing activities within a species’ current population growth rate, we do responsible Federal agency must enter range. The known non-Federal activities not believe that there are areas within into formal consultation with us. that may result in incidental take of the United States that contain features Section 7(a)(4) requires Federal agencies short-tailed albatrosses are State- that are essential to the conservation of to confer with us on any action that is managed hook-and-line longline the species that require special likely to jeopardize the continued fisheries. Activities that are not management or protection. Special existence of a proposed species or result expected to result in any take of short- management or protection is defined by in destruction or adverse modification tailed albatrosses include: (1) Fishing regulation as ‘‘any methods or of proposed critical habitat. activities in Alaska and Hawaii other procedures useful in protecting physical Federal agency actions that may than hook-and-line longline fishing; (2) and biological features of the require consultation as described in the lawfully conducted vessel operations environment for the conservation of preceding paragraph include National such as transport, tankering, and listed species.’’ Because this species Marine Fisheries Service’s Fishery barging; and (3) harbor operations or population growth is not limited by its Management Plans, management improvements. Questions regarding marine habitat, nor do we believe that practices at the Midway Atoll National whether other specific activities will it will become limited by its marine Wildlife Refuge, permits or constitute a violation of section 9 habitat in the foreseeable future, we find authorization for oil tankering within should be directed to the Field that there are no methods or procedures the range of short-tailed albatrosses, and Supervisor of the Anchorage Field that would be useful in protecting the oil spill contingency plans. Office (See ADDRESSES section). physical and biological features of the The Act and its implementing marine environment. Therefore, we Hawaii State Law regulations found at 50 CFR 17.21 set conclude that there are no areas within forth a series of prohibitions and this environment that need special Federal listing will automatically exceptions that apply to all endangered management or protection. invoke listing under the State’s In summary, we do not find any species of wildlife. All prohibitions of endangered species law. Hawaii’s habitats within the jurisdiction of the section 9(a)(1) of the Act, implemented endangered species law states, ‘‘Any United States that meet the definition of by 50 CFR 17.21, apply. These species of aquatic life, wildlife, or land critical habitat, i.e., habitats within prohibitions, in part, make it illegal for plant that has been determined to be an United States that contain the features any person subject to the jurisdiction of endangered species pursuant to the essential for the conservation of the the United States, to take (includes Federal Endangered Species Act shall be species and require special management harass, harm, pursue, hunt, shoot, deemed to be an endangered species and protection. Because there is no wound, kill, trap, or collect; or to under the provisions of this chapter habitat that meets the definition of attempt to engage in any of these), * * *’’ (HRS, sect. 195D–4(a)). critical habitat, we find that it is not import or export, ship in interstate Therefore, Federal listing will accord prudent to designate critical habitat for commerce in the course of a commercial the species listed status under Hawaii the short-tailed albatross. activity, or sell or offer for sale in State law. State law prohibits export, interstate or foreign commerce any Available Conservation Measures take, possession, processing, selling, listed species. It is also illegal to delivering, carrying, transporting, or possess, sell, deliver, carry, transport, or Conservation measures provided to shipping of any listed species. The State ship any such wildlife that has been species listed as endangered or law encourages conservation of such taken illegally. Certain exceptions apply threatened under the Act include species by State agencies and triggers to agents of the Service and State recognition, recovery actions, other State regulations to protect the conservation agencies. requirements for Federal protection, and species (HRS, sect. 195AD–4 and 5). prohibitions against certain activities. Permits may be issued to carry out Recognition through listing encourages otherwise prohibited activities National Environmental Policy Act and results in conservation actions by involving endangered wildlife species Federal, State, and local agencies, under certain circumstances. We have determined that an private organizations, and individuals. Regulations governing permits for Environmental Assessment or The protection required of Federal endangered wildlife are at 50 CFR 17.22 Environmental Impact Statement, as agencies and the prohibitions against and 17.23. Such permits are available defined under the authority of the taking and harm are discussed, in part, for scientific purposes, to enhance the National Environmental Policy Act of below. propagation or survival of the species, 1969, need not be prepared in Section 7(a) of the Act requires and/or for incidental take in connection connection with regulations adopted Federal agencies to evaluate their with otherwise lawful activities. pursuant to section 4(a) of the actions with respect to any species that Information collections associated with Endangered Species Act. We published is proposed or listed as endangered or these permits are approved under the a notice outlining our reasons for this threatened and with respect to its Paperwork Reduction Act, 44 U.S.C. determination in the Federal Register critical habitat, if any is being 3501 et seq., and assigned Office of on October 25, 1983 (48 FR 49244).

VerDate 112000 18:38 Jul 28, 2000 Jkt 190000 PO 00000 Frm 00087 Fmt 4700 Sfmt 4700 E:\FR\FM\31JYR1.SGM pfrm11 PsN: 31JYR1 46654 Federal Register / Vol. 65, No. 147 / Monday, July 31, 2000 / Rules and Regulations

Required Determinations Office, U.S. Fish and Wildlife Service Regulation Promulgation (see ADDRESSES section). This rule does not contain any new Accordingly, we amend part 17, collections of information other than Author subchapter B of chapter I, title 50 of the those already approved under the Code of Federal Regulations, as follows: Paperwork Reduction Act, 44 U.S.C. The primary author of this proposed 3501 et seq., and assigned Office of rule is Janey Fadley, U.S. Fish and PART 17Ð[AMENDED] Management and Budget clearance Wildlife Service, Juneau Fish and number 1018–0094. An agency may not Wildlife Service Office, 3000 Vintage 1. The authority citation for part 17 continues to read as follows: conduct or sponsor, and a person is not Park Blvd, Suite 201, Juneau, Alaska required to respond to, a collection of 99801, telephone (907) 586–7242. Authority: 16 U.S.C. 1361–1407; 16 U.S.C. information unless it displays a 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– currently valid OMB control number. List of Subjects in 50 CFR Part 17 625, 100 Stat. 3500, unless otherwise noted. For additional information concerning 2. In § 17.11(h), the table entry for Endangered and threatened species, permit and associated requirements for ‘‘Albatross, short-tailed’’, under BIRDS, endangered species, see 50 CFR 17.32. Exports, Imports, Reporting and is revised to read as follows: recordkeeping requirements, References Cited Transportation. § 17.11 Endangered and threatened A complete list of all references cited wildlife. herein, as well as others, is available * * * * * upon request from the Anchorage Field (h) * * *

Species Vertebrate popu- Historic range lation where endan- Status When listed Critical habi- Special Common name Scientific name gered or threatened tat rules

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BIRDS

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Albatross, short- Phoebastria ...... North Pacific Ocean Entire ...... E 3,700 NA NA tailed. (=Diomedea) and Bering Sea- albatrus. Canada, China, Japan, Mexico, Russia, Taiwan, U.S.A. (AK, CA, HI, OR, WA).

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Dated: July 25, 2000. SUMMARY: NMFS has determined that controls (including time-period Jamie Rappaport Clark, the Atlantic bluefin tuna (BFT) General subquotas and RFDs) are specified Director, Fish and Wildlife Service. category restricted-fishing day (RFD) annually under §§ 635.23(a) and [FR Doc. 00–19223 Filed 7–28–00; 8:45 am] schedule should be adjusted; i.e., 635.27(a). The 2000 General category BILLING CODE 4310±55±P certain RFDs should be waived, to allow effort controls were implemented July 7, for maximum utilization of the General 2000 (65 FR 42883, July 12, 2000). category June-August subquota. Therefore, NMFS increases the daily Adjustment of Daily Retention Limit for DEPARTMENT OF COMMERCE retention limit from zero to one large Selected Dates medium or giant BFT on the following, National Oceanic and Atmospheric Under § 635.23 (a)(4), NMFS may previously designated RFDs for 2000: Administration increase or decrease the daily retention July 30 and 31, and August 6, 7, 13, 14, limit of large medium and giant BFT 20, 21, 27, and 28. 50 CFR Part 635 over a range from zero (on RFDs) to a DATES: Effective July 26, 2000. maximum of three per vessel to allow [I.D. 072100C] FOR FURTHER INFORMATION CONTACT: Pat for maximum utilization of the quota for Scida or Brad McHale, 978–281–9260. BFT. Based on a review of dealer Atlantic Highly Migratory Species SUPPLEMENTARY INFORMATION: reports, daily landing trends, and the Fisheries; Atlantic Bluefin Tuna Regulations implemented under the availability of BFT on the fishing AGENCY: National Marine Fisheries authority of the Atlantic Tunas grounds, NMFS has determined that Service (NMFS), National Oceanic and Convention Act (16 U.S.C. 971 et seq.) adjustment to the RFD schedule is Atmospheric Administration (NOAA), and the Magnuson-Stevens Fishery necessary to allow for full use of the Commerce. Conservation and Management Act (16 subquota while ensuring an August U.S.C. 1801 et seq.) governing the fishery. Therefore, NMFS adjusts the ACTION: Adjustment of General category harvest of BFT by persons and vessels daily retention limit for July 30 and 31, daily retention limit on previously subject to U.S. jurisdiction are found at and August 6, 7, 13, 14, 20, 21, 27, and designated restricted fishing days. 50 CFR part 635. General category effort 28, 2000, previously identified as RFDs

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