[Federal Register Volume 63, Number 211 (Monday, November 2, 1998)]
[Proposed Rules]
[Pages 58692-58701]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-29174]
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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.
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
[[Page 58693]]
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. 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). 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. 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. 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).
[[Page 58694]]
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). 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. 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. 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
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.
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.
[[Page 58695]]
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. 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
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
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). 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.
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
[[Page 58696]]
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
Section 4 of the Act and regulations (50 CFR part 424) promulgated
to implement the listing provisions of the Act set forth the procedures
for adding species to the Federal lists. A species may be determined to
be an endangered or threatened species due to one or more of the five
factors described in section 4(a)(1). These factors and their
application to the short-tailed albatross are as follows:
A. The present or threatened destruction, modification, or
curtailment of its habitat or range. Short-tailed albatrosses face a
significant threat to the primary breeding colony on Torishima due to
the potential of habitat destruction from volcanic eruptions on the
island. The threat is not predictable in time or in magnitude.
Eruptions could be catastrophic or minor, and could occur at any time
of year. A catastrophic eruption during the breeding season could
result in chick or adult mortalities as well as destruction of nesting
habitat. Significant loss of currently occupied breeding habitat or
breeding adults at Torishima would delay the recovery of the species or
jeopardize its continued existence.
Torishima 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. 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). 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. 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
[[Page 58697]]
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.
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.
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. 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.). 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. 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
[[Page 58698]]
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. 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.
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. 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
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.
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
[[Page 58699]]
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.
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.
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. 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. 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;
(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;
[[Page 58700]]
(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.
You may also e-mail the comments to this address: Exsec@ios.doi.gov.
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
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
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).
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 58701]]
Dated: September 15, 1998.
Jamie Rappaport Clark,
Director, Fish and Wildlife Service.
[FR Doc. 98-29174 Filed 10-30-98; 8:45 am]
BILLING CODE 4310-55-P
