[Federal Register Volume 62, Number 112 (Wednesday, June 11, 1997)]
[Rules and Regulations]
[Pages 31748-31757]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-15244]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AC19
Endangered and Threatened Wildlife and Plants; Threatened Status
for the Alaska Breeding Population of the Steller's Eider
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
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SUMMARY: The U.S. Fish and Wildlife Service (Service) determines the
Alaska breeding population of the Steller's eider (Polysticta stelleri)
to be threatened pursuant to the Endangered Species Act of 1973, as
amended. This determination is based upon a substantial decrease in the
species' nesting range in Alaska, a reduction in the number of
Steller's eiders nesting in Alaska, and the resulting increased
vulnerability of the remaining breeding population to extirpation. This
rule implements the Federal protection and recovery provisions of the
Act for this species. Critical habitat is not being designated at this
time.
EFFECTIVE DATE: July 11, 1997.
ADDRESSES: The complete file for this rule is available for inspection,
by appointment, during normal business hours at the Ecological Services
Fairbanks Field Office, U.S. Fish and Wildlife Service, 101 12th
Avenue, Box 19, Fairbanks, Alaska, 99701, telephone (907) 456-0441 or
facsimile (907) 456-0208.
FOR FURTHER INFORMATION CONTACT: Ted Swem, Wildlife Biologist, at the
above address (telephone (907) 456-0441).
SUPPLEMENTARY INFORMATION:
Background
The Steller's eider is the smallest of four eider species. It was
first described by Pallas in 1769 as Anas stelleri and was subsequently
grouped with the other eiders in the genus Somateria. The Steller's
eider is now recognized as a monotypic genus, Polysticta stelleri
(American Ornithologists' Union 1983).
The adult male Steller's eider has a white head with a greenish
tuft and a small black eye patch, a black back, white shoulders, and a
chestnut breast and belly with a black spot on each side. Adult females
and juveniles are mottled dark brown. Both adult sexes have a blue wing
speculum with a white border. The Inupiat Eskimo name for this eider is
Iginikkauktuk and Yupik Eskimos call them Anarnissaguq. The Siberian
Yupik name used by residents of St. Lawrence Island is Aglekesegak.
Steller's eiders are sea ducks that spend the majority of the year
in shallow, near-shore marine waters where they feed by diving and
dabbling for molluscs and crustaceans (Petersen 1980). Principal foods
in marine areas include bivalves, crustaceans, polychaete worms, and
molluscs (Petersen 1980, Troy and Johnson 1987, Metzner 1993).
During the breeding season, Steller's eiders move inland in coastal
areas, where they nest adjacent to shallow ponds or within drained lake
basins (King and Dau 1981, Flint et al. 1984, Quakenbush and Cochrane
1993). In inland areas, their diet includes aquatic insects (primarily
chironomid larvae), plant materials, crustaceans, and mollusks (Cottam
1939, Quakenbush and Cochrane 1993).
The current breeding distribution of the Steller's eider
encompasses the arctic coastal regions of northern Alaska from
Wainwright to Prudhoe Bay up to 90 kilometers (km)(54 miles) inland
(King and Brackney 1993), and Russia from the Chukotsk Peninsula west
to the Taimyr, Gydan and Yamal peninsulas (American Ornithologists'
Union 1983, Yesou and Lappo 1992). Actual numbers nesting in Alaska and
Russia are unknown but the majority of Steller's eiders nest in arctic
Russia (Palmer 1976, Bellrose 1980).
After the nesting season, Steller's eiders return to marine
habitats where they molt (Jones 1965; Petersen 1980, 1981).
Concentrations of molting Steller's eiders have been noted in Russia
(Gerasimov in Kistchinski 1973), near St. Lawrence Island in the Bering
Sea (Fay 1961), and along the northern shore of the Alaska Peninsula
(Jones 1965; Petersen 1980, 1981). In some years, groups of tens of
thousands may molt in the bays and lagoons along the Alaska Peninsula,
in particular Nelson Lagoon and Izembek Lagoon (Petersen 1980). In
other years, many of the birds complete their molt before arriving on
the Peninsula (Jones 1965). Band
[[Page 31749]]
recoveries show that both Russia and Alaska nesting Steller's eiders
come together to molt in southwestern Alaskan waters (Jones 1965).
During winter, most of the world's Steller's eiders concentrate
along the Alaska Peninsula from the eastern Aleutian Islands to
southern Cook Inlet in shallow, near-shore marine waters (Palmer 1976).
They also occur, although in lesser numbers, in the western Aleutian
Islands and along the Pacific coast, occasionally to British Columbia
(Palmer 1976). A small number also winter along the Asian coast, from
the Commander Islands to the Kuril Islands (Palmer 1976), and some are
found along the north Siberian coast west to the Baltic States and
Scandinavia (Dement'ev and Gladkov 1967, Frantzen 1985, Petraitis 1991,
Frantzen and Henricksen 1992). In spring, large numbers concentrate in
Bristol Bay before migration; in 1992, an estimated 138,000 Steller's
eiders congregated before sea ice conditions allowed movement northward
(Larned et al. 1994).
Species Status, Worldwide
The status of Steller's eiders worldwide has been poorly
documented. The species occurs primarily in Russia during the nesting
season, where few population censuses have been conducted. The rest of
the year is spent in marine areas where large-scale surveys are
difficult and expensive, and distribution varies within and among years
in response to weather and other factors (Jones 1965). Therefore, the
variance in repeated counts in specific areas is too high to identify
statistically significant population trends (Robert Stehn, U.S. Fish
and Wildlife Service, pers. comm., 1994). Also, relative to many other
waterfowl species, Steller's eiders have not been an important sport or
subsistence species so have received less attention.
Although the factors mentioned above have contributed to the lack
of population information, anecdotal observations suggest that
Steller's eider numbers may have been declining range-wide for a number
of decades. Dement'ev and Gladkov (1952) reported that the enormous
flocks wintering near the Commander Islands at the turn of the century
were greatly reduced by the 1930s. Similarly, Murie (1959) wrote ``it
is also clear that there has been a great diminution in numbers.''
More recently, the number of wintering Steller's eiders may have
declined along the Alaska Peninsula, where the majority of the
worldwide population winters (Larned et al. 1994). Several biologists
who have studied or censused the species in this area believe that
Steller's eider numbers have decreased, possibly to a considerable
degree, during the past few decades (Chris Dau, U.S. Fish and Wildlife
Service, pers. comm., 1994; Jim King, U.S. Fish and Wildlife Service,
ret., pers. comm., 1994; Margaret Petersen, National Biological
Service, pers. comm., 1994; Robert Stehn, National Biological Service,
pers. comm., 1994). However, disagreement exists as to the certainty
and extent of a population decline.
In summary, there is concern that Steller's eiders may be declining
in number range-wide, but the magnitude of any change in population
size is unknown because of a lack of precise population estimates. The
worldwide population is still sizable; 138,000 were counted in Bristol
Bay in 1992 (Larned et al. 1994), and it is likely that this count did
not include the entire worldwide population. Thus, this rule does not
include the entire range of the species but includes only those
Steller's eiders that nest in Alaska.
Species Status, Alaska Breeding Population
Historically, Steller's eiders nested in Alaska in two general
regions: western Alaska, where the species has been essentially
extirpated, and the North Slope, where the species still occurs. In
western Alaska, Steller's eiders occurred primarily in the coastal
fringe of the Yukon-Kuskokwim (Y-K) Delta, where the species was common
at some areas in the 1920s, was still present in the 1960s, but is
virtually absent as a breeder today (Kertell 1991). On the North Slope,
Steller's eiders historically occurred from Wainwright east, nearly to
the United States-Canada border (Anderson 1913, Brooks 1915). The
species may have abandoned the eastern North Slope in recent decades,
but it still occurs at low densities from Wainwright to at least as far
east as Prudhoe Bay.
Trends in Distribution--Information on both historical and current
distribution of Steller's eiders in Alaska is limited. However, it is
certain that Steller's eiders once nested over a considerably larger
area in Alaska than they do now. Although the species no longer nests
on the Y-K Delta, early qualitative assessments indicated the species
was ``common'' at several coastal sites in the central Y-K Delta (Murie
1924, Conover 1926, Brandt 1943). Specifically, the species was found
nesting near Kokechik Bay (Brandt 1943), along the Kokechik River
(Murie 1924, Conover 1926), and near Hooper Bay (Dufresne 1924).
Additionally, Alaska Natives reported that large numbers nested on
Nelson Island in 1924 (Murie 1959) and Gillham (1941) found them ``in
considerable number'' in the intertidal reaches of the lower Kashunuk
River in 1941. No systematic searches were conducted for Steller's
eiders on the Y-K Delta during this period, so the extent of their
nesting distribution and abundance was never determined.
By the 1960s or 70s, the species had largely vanished from the Y-K
Delta. Researchers (Johnsgard 1964, Kessel et al. 1964, Holmes and
Black 1973) failed to find any nests in the Kokechik Bay area in the
1960s, whereas the species was described as ``surprisingly common''' in
the area in 1924 (Brandt 1943). Although pairs displaying nesting
behavior were observed near the Kashunuk River as late as 1973, no
nests were found in the area after 1963 (Kertell 1991). Nesting was
documented along the Opagyarak River in 1969 and again in 1975; the
single nest found in 1975 was the last documented nesting attempt on
the Y-K Delta (Kertell 1991) until a pair nested unsuccessfully near
the Kashunuk River in 1994 (Paul Flint, National Biological Service,
pers. comm., 1994).
Steller's eiders also apparently nested in low numbers in
southwestern Alaska, on the Seward Peninsula, and on St. Lawrence
Island. The species was reported to nest ``sparingly'' on Agattu Island
in the western Aleutians in the 1880s and a nest was found at Unalaska
in the eastern Aleutians in 1872. A ``few'' nested at the western end
of the Alaska Peninsula in the 1880s or 1890s (Murie 1959). A single
nest was found on the Seward Peninsula in 1879 (Portenko 1981) and a
few nests were found on St. Lawrence Island as late as the 1950s (Fay
and Cade 1959). None have been found nesting in any of these areas
since. Apparently, Steller's eiders nested in several widely scattered
areas in western Alaska in addition to the Y-K Delta, but presumably in
low numbers, and they probably ceased nesting in these areas many years
ago.
Near Barrow, at the northernmost tip of Alaska, Steller's eiders
still occur regularly, though not annually. In some years, up to
several dozen pairs may breed in a few square kilometers. The area
immediately surrounding Barrow is relatively accessible, and bird
studies have been conducted there for decades. As a result, there are
records of the species' presence or absence from 1900 (Stone 1900, in
Gabrielson and Lincoln 1959), 1958 (Myres 1958), and 1975-1981 (Myers
and Pitelka 1975, Myers et al. 1976-1981). In 1991, more intensive
[[Page 31750]]
studies on the nesting biology, predation, and habitat selection of
Steller's eiders in the area were initiated (Quakenbush et al. 1995).
In contrast, elsewhere on the North Slope, the species apparently
occurs at extremely low densities over a huge area and use of specific
areas appears to be irregular. Evidence of nesting elsewhere from
Barrow has been documented only twice in recent years; females with
young were seen in 1993 near Prudhoe Bay (Michele Johnson, University
of California, Davis, pers. comm., 1994) and in 1987 along the Colville
River (T. Swem, unpubl. Service data). As a result, the vast majority
of both historical and recent observations of the species on the North
Slope come from Barrow. While part of this distinction may be
attributable to the differences in accessibility and search effort
between Barrow and elsewhere, it is also true that Steller's eiders
seem to favor the Barrow vicinity. Unfortunately, because of the
scarcity of observations elsewhere, it is currently impossible to
determine how important the Barrow area is to the Alaska breeding
population as a whole.
Sightings made during extensive aerial waterfowl breeding pair
surveys provide the most comprehensive view of the distribution of
Steller's eiders on the North Slope. Waterfowl are counted annually
from systematically located transects that sample approximately 2
percent of the 63,210 sq km (24,404.12 sq mi) of waterbird habitat on
the arctic coastal plain of Alaska between the northwest coast of
Alaska and the Alaska-Canada border (Brackney and King 1993). Between
1989 and 1995, Steller's eiders were seen on 76 separate occasions
during these surveys, with sightings ranging from single birds up to
flocks containing 20 individuals (Brackney and King 1993, King and
Brackney 1995). All 76 sightings were west of the Colville River or in
the Colville River drainage (Alan Brackney, U.S. Fish and Wildlife
Service, pers. comm., 1994; Rod King, U.S. Fish and Wildlife Service,
pers. comm., 1995), indicating that the species currently occurs
predominantly in the northwestern portion of the North Slope. Within
the large area in which birds were seen, sightings were widely
distributed and ranged up to about 90 km (54 mi) inland from the coast.
Despite the large area over which sightings occurred, very few were
observed. In 1993, for example, only 20 of 2,617 ducks seen along 3,300
km (1,980 mi) of transects were Steller's eiders (Brackney and King
1993), an average of one Steller's eider per 165 km of survey route.
In recent years, efforts have been made to search for eiders or, in
some cases, specifically for Steller's eiders, on the North Slope. From
1992 to 1996, extensive aerial searches for nesting eiders were
conducted on the arctic coastal plain of the North Slope. These
searches sampled approximately 4 percent of a 42,000 sq. km (16,215 sq.
mi) area. A maximum of 12 Steller's eiders per year was recorded during
these searches (Larned et al. 1992; Larned and Balogh 1994; Balogh and
Larned 1994; Bill Larned, U.S. Fish and Wildlife Service, in litt.,
1995; B. Larned, pers. comm., 1996). In 1994, 59 plots, 2.6 sq. km (1
sq mi) in size, were intensively searched for Steller's eiders from a
helicopter in a 7,041 sq. km (2,718.39 sq. mi) area (Laing 1995); none
were encountered. In 1995, intensive aerial searches were conducted in
two specific areas, near Teshekpuk Lake and near the mouth of the Chipp
River, where Steller's eiders have been observed previously; none were
observed (Robert Ritchie, ABR Inc., in litt., 1995). The low number of
Steller's eiders observed during extensive searches of suitable habitat
and intensive searches of previously occupied areas indicates that the
species occurs at extremely low densities on the North Slope.
Steller's eiders have been observed recently near Prudhoe Bay
during intensive eider searches conducted from the ground. Although the
species was not recorded during the 1980s (North 1990; Declan Troy,
Troy Ecological Research and Associates, pers. comm., 1995), a few
pairs were seen each year between 1992 and 1994 (D. Troy, pers. comm.,
1995), and a female with young was seen in 1992 (M. Johnson, pers.
comm., 1994).
Observations of local residents and early naturalists indicate that
the species originally occupied the eastern North Slope, whereas none
have been seen in this region for several decades. For instance--(1)
Bill Patkotak, a resident of Wainwright, saw Steller's eiders near
Collinson Point, Camden Bay in the 1930s, but none have been seen in
this area for many years; (2) Anderson (1913) recorded the species at
Barter Island but none have been reported there for many years; and (3)
Brooks (1915) noted the species at Demarcation Bay but none have been
seen there since. It is unknown how widespread or numerous the
Steller's eider was throughout the eastern North Slope, but apparently
the species has abandoned this region in recent decades.
In the central North Slope, Steller's eiders have also abandoned
some local areas where they historically nested. Steller's eiders
nested near Cape Halkett (north of Teshekpuk Lake) in the 1940s, and
bred commonly at Nikilik on the Colville River Delta (P. Sovalik in
Myres 1958). Although these areas are within the broad region occupied
by Steller's eiders, none have been seen in these specific areas for
decades, despite continued observation (Jim Helmericks, pers. comm.,
1995).
Trends in Numbers
Although Steller's eiders are seen and counted during extensive
waterfowl surveys and breeding eider surveys, these observations cannot
be used to precisely estimate the number of Steller's eiders on the
North Slope for three reasons--1) the species-specific probability of
detecting Steller's eiders during aerial surveys has not been
determined (Rod King, pers. comm., 1994), therefore it is impossible to
use the number of sightings in the area sampled to estimate the number
of birds actually present in the sample area; 2) so few Steller's
eiders are seen during surveys that confidence intervals around
estimates of the total number in the study area are extremely wide; and
3) it is unknown whether Steller's eiders are evenly or unevenly
distributed, and differences in distribution greatly affect the
precision of population size estimates (Alan Brackney, pers. comm.,
1995). As a result, no statistically meaningful population size
estimates are available for the North Slope. However, two waterfowl
researchers who have conducted extensive aerial waterfowl surveys on
the North Slope in recent years subjectively estimate that hundreds to
a few thousand Steller's eiders inhabit the region (Bill Larned, pers.
comm., 1995; Rod King, pers. comm., 1995).
Since there are no reliable counts of Steller's eiders from which
to calculate a trend, all conclusions about trends must be made by
inferring that the number of Steller's eiders decreased as the species'
range in Alaska contracted. It is unknown how many Steller's eiders
nested historically on the Y-K Delta, but Kertell (1991) estimated that
a maximum of 3,500 pairs may have nested on the Delta. This estimate
was made by extrapolating from the number nesting in one sample plot in
1951 and 1961-1966 to the entire vegetated intertidal zone of the
central Y-K Delta. This estimate could be biased, however, if the
number in this study plot was not representative of coastal areas in
the central delta in general, or if numbers in the 1960s were not
representative of
[[Page 31751]]
historical population size. Regardless of the number occurring
historically on the delta, however, the number of Alaska breeding
Steller's eiders decreased with its extirpation from western Alaska,
including the Y-K Delta, the Aleutians, Alaska and Seward Peninsulas,
and St. Lawrence Island.
Similarly, the number of Steller's eiders nesting on the North
Slope has also likely decreased in recent decades as a result of their
abandonment of several previously used nesting areas. Although birds
using these areas could have shifted to other areas of the North Slope,
there have been no indications that numbers have increased in other
areas or that Steller's eiders have colonized previously unused areas
in recent decades.
Additionally, anecdotal observations suggest that numbers may have
decreased in one area on the North Slope in which Steller's eiders are
still found. Inupiat elders from Wainwright recall that the species was
common near Wainwright many years ago, which corresponds with the
observations of Bailey (1948) and D. Bodfish (in Myres 1958). Now,
Steller's eiders are considered rare near Wainwright and none have been
found nesting there for several years (Quakenbush 1993).
In addition to changes in distribution and numbers, anecdotal
observations suggest that Steller's eiders may be successfully nesting
in fewer locations than in previous decades. In recent decades, nesting
Steller's eiders have been documented in only three areas--(1) at
Barrow; (2) on the lower Colville River, where a female with young was
seen in 1987 (T. Swem, unpubl. data); and (3) near Prudhoe Bay, where a
female with young was seen in 1993 (M. Johnson, pers. comm., 1994). In
earlier decades, Steller's eiders were found nesting at Wainwright
(Bailey 1948), inland on the Meade River (Bailey 1948), Admiralty Bay
(Reed 1965), at the confluence of the Chipp and Ikpikpuk Rivers (Bailey
1948), the mouth of the Ikpikpuk River (nest and oological records from
the Western Foundation of Vertebrate Zoology), the Topaguruk River (Bee
1958), and Pitt Point (Gabrielson and Lincoln 1959). Although birds
have been detected in these general areas in recent years, no nests
have been found despite increasing interest in the species. Breeding
may resume in these areas; Steller's eiders near Barrow show
considerable annual variation in reproductive effort and performance
(Myers and Pitelka 1975a,b; Myers et al. 1977-1981; Quakenbush et al.
1995, L. Quakenbush, U.S. Fish and Wildlife Service, pers. comm.,
1996).
In summary, the breeding range of Steller's eiders in Alaska has
contracted in recent decades. The species no longer nests on the Y-K
Delta or other areas in western Alaska, and is now found exclusively on
the North Slope. Breeding range on the North Slope may also have
contracted. Apparently the species is no longer found in areas
historically occupied on the eastern North Slope and in at least two
other areas on the central North Slope. Current and historical
population sizes remain unknown, but overall numbers have likely
declined. Steller's eiders still occur over a large area on the North
Slope, but at such low densities that only hundreds or a few thousand
occupy the huge expanse of seemingly suitable habitat. Although dozens
of pairs periodically nest near Barrow, only two nests have been
documented elsewhere on the North Slope in recent years.
Petition Background
On December 10, 1990, the Service received a petition from Mr.
James G. King of Juneau, Alaska, dated December 1, 1990, to list the
Steller's eider as endangered throughout its range and to designate
critical habitat on the Yukon Delta National Wildlife Refuge and the
National Petroleum Reserve in Alaska. Pursuant to section 4(b)(3)(B) of
the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.)
(Act), the Service determined on May 8, 1992, that listing the
Steller's eider was warranted, but precluded by listing actions for
higher priority species (57 FR 19852).
In August 1993, the Service reviewed the status of the species and
concluded that the available information did not support listing range-
wide, but did support listing the Alaska breeding population. On July
14, 1994, the Service proposed to list this population as threatened
(59 FR 35896).
At the time of publication of the proposed rule, the Service
implemented a policy requiring that listing proposals be reviewed by at
least three independent specialists (59 FR 34270). To comply with the
new Service policy requiring peer review the Service reopened the
public comment period on June 30, 1995 (60 FR 34225), and solicited the
opinions of seven independent specialists.
The completion of the listing process for this species was also
affected by legislation (Public Law 104-6) signed into law on April 10,
1995, that prevented the Service from making final determinations on
listing actions during Fiscal Year 1995. This moratorium was extended
until April 26, 1996, by continuing budget resolutions. When the
moratorium was lifted, the Service established listing priority
guidance (61 FR 24722) that gave highest priority to emergency
situations (Tier 1) and second highest priority (Tier 2) to resolving
the listing status of outstanding proposed listings. Following receipt
of its fiscal year 1997 appropriation, the Service issued revised
listing priority guidelines (61 FR 64475). However, the Tier 1 and Tier
2 priorities are unchanged from the previous guidelines. This final
rule falls under Tier 2. At this time there are no pending Tier 1
actions; therefore, the processing of this final listing rule conforms
with the Service's current listing priority guidance.
This rule constitutes the final determination resulting from the
listing proposal and all comments received during both comment periods.
Summary of Comments and Recommendations
In the July 14, 1994, proposed rule (59 FR 35896) and associated
publications, all interested parties were requested to submit factual
reports or information that might contribute to the development of a
proposed rule. Appropriate Federal and State agencies, borough, city,
and village governments, scientific organizations, and other interested
parties were contacted and requested to comment. Notices inviting
public comments were published in the Anchorage Daily News and
Fairbanks Daily News-Miner. On June 30, 1995, the comment period was
reopened (FR 60 FR 34225), and again, appropriate parties were
contacted and invited to comment. Comments were received from a total
of nine parties during the two comment periods, including the North
Slope Borough, the Alaska Department of Fish and Game, the Federal
Aviation Administration, three conservation organizations, two oil
companies, and one private individual. No one requested a public
hearing on the proposal. Of the comments, four supported listing, four
were neutral, and one, the Alaska Department of Fish and Game, opposed
listing.
Peer reviewers were selected from a group of recognized experts on
seaduck or eider population monitoring, modeling, or management.
Individuals with possible conflicts of interest in listing were not
selected to ensure an unbiased review. Seven individuals, who had
published a combined total of 453 articles on relevant topics in peer-
reviewed scientific journals, were selected. Four were employed by the
Canadian Wildlife Service, two by universities, and one by the U.S.
[[Page 31752]]
National Biological Service (now the U.S. Geological Survey Biological
Resources Division). Five of the seven individuals that were selected
reviewed the proposal and supporting documents. All five supported
listing the Alaska breeding population as threatened, and one of the
five suggested that the population should be classified as endangered.
Written comments received during the comment periods are addressed
in the following summary. Comments from all respondents, including the
peer reviewers, are combined. Because multiple respondents offered
similar comments in some cases, comments of a similar nature or point
are grouped. These comments and the Service's responses are as follows:
Comment: The Alaska Department of Fish and Game does not believe
that the Alaska breeding population is currently, or ever was, a
discrete or significant part of the world population. Therefore, they
believe it is inappropriate to consider this segment of the population
a listable entity, and they are opposed to listing.
Service response: In recognizing distinct vertebrate population
segments for purposes of listing, delisting, or reclassifying species
under the Endangered Species Act, the Service currently uses guidelines
published in the Federal Register on February 7, 1996 (61 FR 4721). To
qualify as a listable vertebrate population, the population must be
both discrete in relation to the remainder of the species to which it
belongs, and significant to the species to which it belongs.
A population segment of a vertebrate species may be considered
discrete if it satisfies either one of the following conditions:
1. It is markedly separated from other populations of the same
taxon as a consequence of physical, physiological, ecological, or
behavioral factors; or
2. It is delimited by international governmental boundaries within
which differences in control of exploitation, management of habitat,
conservation status, or regulatory mechanisms exist that are
significant in light of section 4(a)(1)(D) of the Act.
In the case of Alaska breeding Steller's eiders, the population is
discrete by both criteria above. First, Alaska breeding Steller's
eiders are physically separated from Asia nesting populations by
hundreds of kilometers across the Bering and Chukchi seas. Second, the
Alaska breeding population of Steller's eiders is delimited by
international boundaries. Within these international boundaries
differences in conservation status exist. While available information
suggests that the species in Russia also may have declined, population
numbers are estimated to range well over 100,000 birds. However, the
status of the breeding population in the U.S., as inferred by the
contraction of nesting range, is reduced considerably from historic
times, despite the existence of regulatory protections and an abundance
of seemingly suitable habitat.
If a population is considered discrete under one or both of the
above conditions, its biological and ecological significance will then
be considered in light of Congressional guidance (Senate Report 151,
96th Congress, 1st Session) that the authority to list distinct
vertebrate population segments be used ``sparingly''' while encouraging
the conservation of genetic diversity. In carrying out this
examination, the Service considers available scientific evidence of the
discrete population segment's importance to the taxon to which it
belongs. This consideration may include, but is not limited to, the
following:
1. Persistence of the distinct vertebrate population segment in an
ecological setting unusual or unique for the taxon;
2. Evidence that loss of the distinct vertebrate population segment
would result in a significant gap in the range of a taxon;
3. Evidence that the distinct vertebrate population segment
represents the only surviving natural occurrence of a taxon that may be
more abundant elsewhere as an introduced population outside its
historic range; or
4. Evidence that the distinct vertebrate population segment differs
markedly from other populations of the species in its genetic
characteristics.
Loss of the Alaska breeding population of Steller's eiders would
represent a significant reduction in the species' breeding range
worldwide. Steller's eiders nested historically along many hundreds of
kilometers of coastline in southwestern Alaska and the North Slope,
which are two separate, major biogeographic regions of the State. On
the North Slope, the species currently occurs from the north coast to
as much as 90 km inland, and from Wainwright in the west to Prudhoe Bay
in the east, so its current range covers a sizable area. Additionally,
because it historically also occurred on the Y-K Delta, other areas in
southwestern Alaska, and the eastern North Slope, its historical range
in Alaska was considerably more extensive.
In addition, the Service finds that another factor is pertinent.
Alaska is the only location in the United States where the species
breeds. As such, Alaska is the only portion of the species' breeding
range over which the United States government can exercise its
authority to provide for the conservation of the species during
nesting. If, as some researchers believe, the species is declining
range-wide (Jim King, pers. comm., 1994, Margaret Peterson, pers.
comm., 1994, Chris Dau, pers. comm., 1994, Robert Stehn, pers. comm.,
1994), the importance of providing for the conservation of the species
in Alaska will increase. Furthermore, by securing the survival of the
Alaska breeding population, access to the species for scientists to
identify the factors controlling the population and causing declines in
other areas will be facilitated. Ultimately, this may be essential to
the survival of the species as a whole. As a result of the extent of
the species' historical breeding range in Alaska, and the potential
future importance to the worldwide population, the Service finds that
the disappearance of the Alaska breeding population of Steller's eiders
would be a significant loss to the species as a whole.
Comment: Accounts suggest that the abundance of Steller's eiders
near Barrow has varied widely among years. It is likely that Steller's
eiders have always been rare on the North Slope and reflect a failure
to thrive, typical of birds in suboptimal range.
Service response: Little is known of annual variation in Steller's
eider population size and breeding performance. However, recent studies
have found Steller's eider numbers in the Lena River Delta in Siberia
to vary tremendously among years, as well (Diane Solovieva, Lena Delta
Nature Reserve, pers. comm., 1995 to L. Quakenbush). This suggests that
the variation in abundance seen at Barrow may be typical of Steller's
eiders in general, rather than peculiar to Barrow or symptomatic of
birds on the periphery of the eastern end of the species' range.
Furthermore, although Steller's eiders occur at low densities on the
North Slope, they occur over an extensive area so that possibly
hundreds or as many as a few thousand may occur there (Bill Larned,
pers. comm., 1994; Rod King, pers. comm., 1994) Historically, they were
likely even more numerous, as they have apparently abandoned the
eastern North Slope and some other local areas in the northwestern
North Slope. Therefore, although historical abundance is impossible to
determine, the Service does not agree that the current apparent
[[Page 31753]]
scarcity of the species implies that the North Slope is suboptimal
habitat.
Comment: Kertell's (1991) estimate of the number of Steller's
eiders nesting on the Y-K delta was a gross extrapolation from a single
small plot surveyed only seven times during 16 years. The use of
Kertell's estimate is a poor basis for a listing action. Furthermore,
it is doubtful that the species was ever very abundant on the Y-K
Delta, and their occurrence in this region was marginal.
Service response: Kertell's (1991) estimate of the number of
Steller's eiders was not the basis for this listing. His estimate was
based upon an extrapolation from one small plot to a large expanse of
habitat deemed to be similar at a very coarse scale. This extrapolation
would have overestimated historical population size if the density
within that single plot exceeded the average density in the areas
outside the plot, which is quite possible. Conversely, if density
within the plot had declined by the 1950s and 1960s, this extrapolation
would have underestimated historical population size. The latter case
is supported by the observation that Steller's eiders had disappeared
from nearby Kokechik Bay by the 1960s although the species was common
there in 1924 (Brandt 1943). For these reasons, the Service agrees that
it is impossible to retrospectively estimate historical population size
with any degree of accuracy.
However, while we have no reliable estimate of historical
population size, Steller's eiders were considered to be common by
several observers in several locations in the Y-K delta (Murie 1924,
Dufresne 1924, Conover 1926, Gillam 1941, Brandt 1943, Murie 1959). If
Steller's eiders were equally common in large areas with comparable
habitat, the total number occupying the delta would have been sizable.
Comment: Steller's eiders should be listed throughout their range,
not just the population that breeds in Alaska.
Service response: Concern that Steller's eiders have declined in
number range-wide remains a concern but additional data are needed.
Regardless of any possible worldwide population decline, at least
138,000 Steller's eiders wintered in southwest Alaska in 1992 (Larned
et al. 1993). Based upon this large recent count, the Service finds
that the species is neither in danger of extinction nor likely to
become endangered within the foreseeable future (the definitions of
endangered and threatened species, respectively).
Comment: The Alaska breeding population should be listed as
endangered.
Service response: As defined in the Act, an ``endangered species'''
is in danger of extinction while a ``threatened species''' is likely to
become an endangered species within the foreseeable future. The
information currently available to the Service indicates that the
species regularly occurs in low numbers near Barrow. Although no more
than a few dozen pairs occur there, there is no suggestion that the
number near Barrow has declined since the late 1960s, when the earliest
observations were made. Elsewhere on the North Slope, the species is
thought to number in the hundreds to a few thousand (Bill Larned, pers.
comm., 1994; Rod King, pers. comm., 1994). This information indicates
that threatened status is the most appropriate designation at this
time. The Service will continue to actively collect and evaluate status
information on Steller's eiders and may propose reclassification at any
time, should this become warranted.
Comment: Critical habitat should be established in order to protect
nesting, molting, and wintering areas.
Service response: This issue is addressed under the section
entitled ``Critical Habitat''' in this rule.
Comment: The impacts of oil and gas development have been
inadequately addressed.
Service response: The past and potential future impacts of oil and
gas development remain largely unknown. Currently, considerable effort
is expended to research and monitor the effects of oil and gas
activities and the resultant habitat alteration upon spectacled eiders
and other birds near Prudhoe Bay. Likewise, one of the objectives of
ongoing studies of the ecology of Steller's eiders near Barrow is to
identify the effects of all forms of human disturbance upon the
species, including those of the local gas pipeline and the accompanying
service road. Knowledge of the impacts of oil and gas development will
increase as these studies proceed. It is important to note, however,
that it appears that the species may be tolerant of oil and gas
development. Steller's eiders regularly nest within a few hundred
meters of a gas pipeline near Barrow, and the majority of nests found
in recent years in Alaska have been in proximity to ``Gaswell Road,'''
which parallels this pipeline. Furthermore, one of the only two
successful nests found elsewhere from Barrow in recent years was
located near Prudhoe Bay, the most heavily developed oil field in
Alaska.
In addition to comments pertaining to listing or the designation of
critical habitat, several respondents suggested management or research
objectives that could assist in conservation efforts. Specific
recommendations were:
(1) A conservation plan to protect important Steller's eider
habitat should be explored;
(2) Educational programs at villages within the range of Steller's
eiders should be expanded to reduce shooting and egging and to
encourage the reporting of sightings of the species; and
(3) More information on the impacts of hunting should be gathered,
including subsistence harvest, and accidental and illegal shooting by
sport hunters.
The Service agrees that these suggested actions have potential for
contributing significantly to the conservation of the species in
Alaska. Each will be thoroughly considered during development of
recovery strategies.
Summary of Factors Affecting the Species
After a thorough review and consideration of all information
available, the Service has determined that the Alaska breeding
population of the Steller's eider should be classified as a threatened
species. Procedures found at section 4(a)(1) of the Act and regulations
implementing the listing provisions of the Act (50 CFR Part 424) were
followed. 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 Alaska breeding
population of the Steller's eider (Polysticta stelleri) are as follows:
A. Present or threatened destruction, modification, or curtailment
of its habitat or range. Habitat destruction is not known to be a major
factor in the decline of Steller's eiders in Alaska. The species
disappeared from the Y-K Delta and the eastern North Slope although
only a very small portion of the habitat in those areas has been
affected by human activities. Other waterfowl species continue to nest
in large numbers in these areas, demonstrating that what little habitat
modification has taken place has not precluded waterfowl nesting.
Habitat modification and destruction do not appear to have played a
major role in the decline of breeding Steller's eiders in Alaska.
However, the factor or factors causing the decline are not understood.
On the North Slope, the current range of Steller's eiders is
largely contained within the National Petroleum Reserve-Alaska (NPR-A),
which was set aside for oil and gas development. The National Petroleum
Reserve Productions
[[Page 31754]]
Act of 1976 encourages expeditious leasing and permitting of oil
exploration and development activities in Petroleum Reserves. Although
very little of NPR-A has been leased, future leasing is possible in
areas where industry interest is sufficient. Potential impacts of oil
and gas exploration and development on nesting Steller's eiders are not
known but Steller's eiders have nested successfully at Barrow within a
few hundred meters of a gas pipeline and the accompanying service road
and Steller's eiders frequently feed in ponds within meters of the
pipeline (Lori Quakenbush, pers. comm., 1995).
All but two recent, known nests of Steller's eiders in Alaska have
been near Barrow, which is the largest Native village in northern
Alaska. The human population of Barrow increased 58 percent in 10
years, from 2267 in 1980 to 3469 in 1990 (Harcharek 1992), and village
expansion is likely to continue in the future. Housing developments,
gas field access and development, and conveyance of land from the
Ukpeagvik Inupiat Corporation to shareholders could lead to nesting
habitat loss and disturbance to nesting birds. (Also see discussion of
increasing predators around human use areas under factor C.) Although
Steller's eiders nest successfully along heavily used all-terrain
vehicle trails and directly under approach lanes to the airport that
are used daily by large jets and numerous smaller aircraft (Lori
Quakenbush, pers. comm., 1995), the indirect effects of development and
human presence can be detrimental to Steller's eiders. Of 15 adult
Steller's eiders found dead near Barrow in 1991-1994, one presumably
died from striking wires and five had been shot (Quakenbush et al.
1995).
Much of the former Steller's eider breeding range in western Alaska
is within the Yukon Delta National Wildlife Refuge and is protected
from major development although some of the habitat where the species
previously bred is on Alaska Native land where Federal involvement in
protection is low. However, the likelihood that large-scale development
will take place in this remote region is limited. Because of the large
amount of unaltered habitat available on the Y-K Delta, it is unlikely
that the recovery of Steller's eiders and the development of Native-
owned private lands in the area will both proceed to the point that
they conflict.
Steller's eiders occupy a vast expanse of marine habitat during the
non-nesting season. Within the marine distribution of the Steller's
eider the environment has likely been affected by any number of human
activities, including marine transport, commercial fishing, and
environmental pollutants. However, there is no evidence that
modifications of the marine environment have caused the decline of the
Alaska breeding population of Steller's eiders. Substantial portions of
the important molting and wintering areas have been designated as
National Wildlife Refuges, State Game Refuges, or State Critical
Habitat Areas.
B. Overutilization for commercial, recreational, scientific, or
educational purposes. Because of the small numbers taken,
overutilization is unlikely to have caused the decline of Alaska
Steller's eiders or their extirpation from the Yukon-Kuskokwim Delta.
In the past, some Steller's eider eggs were collected in Alaska for
avicultural exhibition and trade but the issuance of Federal permits
for collecting Steller's eider eggs for avicultural purposes was
terminated in 1987. A few dozen Steller's eiders were taken annually
before 1991 by collectors and sport waterfowl hunters on the Alaska
Peninsula and Kodiak and Nunivak islands (Robin West, U.S. Fish and
Wildlife Service, pers. comm., 1991), but this was prohibited by
Service policy in 1991. The Service will continue to collect
information on any taking of Steller's eiders. The Service will
consider listing the Russian population when in Alaska under the
similarity of appearance provision of section 4(e) of the Act if such
is deemed necessary to facilitate enforcement of taking of the Alaska
breeding population.
C. Disease or predation. Disease is not known to be affecting the
population at present, but small, restricted populations are more
vulnerable to all decimating factors, including disease.
Natural predators of Steller's eiders in Alaska include raptors,
gulls, jaegers, ravens, and foxes. Kertell (1991) hypothesized that
arctic foxes (Alopex lagopus) may have contributed to the extirpation
of Steller's eiders on the Yukon-Kuskokwim Delta by increasing
predation pressure when major goose populations in the region crashed
during the 1960s, but this remains unproven.
Some predators may be increasing in number as a result of human
habitation and development. Predators and scavengers such as gulls,
ravens, and foxes have increased in number due to the availability of
refuse and handouts (Paul O'Neil, Animal and Plant Health Inspection
Service, Animal Damage Control, pers. comm., 1993). Gulls and ravens
are effective predators of eider eggs and young, and foxes depredate
eggs, young, and adults. Predation is likely to increase near
communities where refuse is available and could significantly affect
eiders in these areas. In fact, of 15 adult Steller's eiders found dead
near Barrow between 1991 and 1994, 7 were believed to have been killed
by predators. In addition, of 26 nests found, 17 failed and 8 of these
failures were believed to have been caused by avian predators or foxes
(Quakenbush et al. 1995). It is unknown how the rate of predation of
eiders and eider nests has been affected by the possible artificial
increase of predators in the Barrow area.
D. The inadequacy of existing regulatory mechanisms. Subsistence
and sport hunting of waterfowl are regulated under authority of the
Migratory Bird Treaty Act (16 U.S.C. 703-711). Spring and summer
subsistence hunting of eiders in Alaska is currently in violation of
the Migratory Bird Treaty Act, which prohibits hunting for most
migratory birds between March 10 and September 1. The Service
recognizes, however, that residents of certain rural areas in Alaska
depend on waterfowl as a customary and traditional source of food. As a
result, the Service has exercised discretion in enforcing seasonal
restrictions to allow for traditional subsistence use of many species.
Starting in 1994, the Service included Steller's eiders on the closed
season species list, indicating that restrictions on taking Steller's
eiders during all seasons would be enforced as violations of the
Migratory Bird Treaty Act. Recently, modifications to the treaty have
been made to legalize subsistence harvest during spring and summer,
although implementation awaits ratification by the U.S. Senate. Once
ratified, hunting between March 10 and September 1 will be permissible
after suitable regulations are adopted. These regulations will be
formulated to accommodate the conservation needs of individual species,
such as Steller's eiders.
Historically, Alaska Natives hunted Steller's eiders and their eggs
for food at several villages (Braund et al. 1989; Wentworth 1993; James
Sheridan, U.S. Fish and Wildlife Service, pers. comm., 1993), but many
villages along the Steller's eider migration route have not been
surveyed so the total annual subsistence harvest is unknown (Cynthia
Wentworth, U.S. Fish and Wildlife Service, pers. comm., 1993). However,
Steller's eiders are not a preferred species (Quakenbush and Cochrane
1993), and they have been taken in far fewer numbers than the other
three eider species (Klein 1966, Nelson 1969, Johnson 1971). While not
an important subsistence species, Steller's eiders are occasionally
killed
[[Page 31755]]
incidental to hunting of preferred species. Although apparently
limited, this take may threaten the small breeding segment near Barrow
and possibly near other villages. Ongoing Service information and
education programs aimed at gaining support in Native villages for
protection of Steller's and spectacled eiders continue.
Sport hunting of Steller's eiders was prohibited in 1991. A few may
still be shot accidentally or illegally by sport hunters but the number
taken, although unknown, is likely small.
E. Other natural or manmade factors affecting its continued
existence. Some natural or manmade factor(s), currently unknown, caused
the extirpation of the Steller's eider from the Y-K Delta and the
eastern North Slope in Alaska. Several possible factors have been
proposed but supporting evidence is lacking. Two possible factors
warranting discussion are changes in the Bering Sea environment where
Steller's eiders molt and winter, and ingestion of lead shot on the Y-K
Delta.
Recent changes in the Bering Sea ecosystem have been proposed as a
possible factor affecting the spectacled eider (Stehn et al. 1993),
which was classified as threatened in 1993 due to rapid population
declines on the Y-K Delta and elsewhere within its range. Increasing
Pacific walrus (Odobenus rosmarus), gray whale (Eschrichtius robustus),
and sea otter (Enhydra lutris) populations may have restructured the
marine community that forms the prey base of these species (Stehn et
al. 1993, Kvitek et al. 1992), and this in turn may have affected other
members of the community. Similarly, changes in commercial fishing
pressure may also have affected the marine ecosystem with possible
effects upon marine birds, including eiders (Stehn et al. 1993).
Recently, other species in the Bering Sea have declined in numbers,
including Steller's sea lions (Eumatopias jubatus) and oldsquaws
(Clangula hyemalis (Stehn et al. 1993). Declines in these species may
have been caused by the restructuring of the trophic system outlined
above or, alternatively, the declines may suggest a general
deterioration of the Bering Sea ecosystem caused by contamination or
other factors. There is currently no documentation of a link between
changes in the marine environment in Alaska and a contraction of the
breeding range of Steller's eiders in Alaska.
It has recently been shown that lead shot, used for hunting
waterfowl for many decades on the Y-K Delta, is being ingested by
spectacled eiders with potentially serious effects upon adult survival
(Margaret Petersen, pers. comm., 1994). Although nontoxic shot is now
legally required for waterfowl hunting, illegal use of lead shot on the
delta continues. Furthermore, it appears that lead shot may remain in
tundra wetland areas for many years, possibly decades, after deposition
(Margaret Petersen, pers. comm., 1994). There is no evidence indicating
that ingestion of lead shot caused the extirpation of Steller's eiders
on the Y-K Delta but the ingestion of lead shot may have affected the
species in some heavily hunted areas. Furthermore, residual lead shot
could potentially impair recovery of the species if Steller's eiders
ingest lead shot which remains in areas that Steller's eiders
recolonize. The Alaska Department of Fish and Game and U.S. Fish and
Wildlife Service are implementing educational programs, to be followed
by increasing enforcement, aimed at eliminating the use of lead shot.
Steller's eiders that nest on Alaska's North Slope are the only
remaining breeding population within the jurisdiction of the United
States. As a result of their low numbers and restricted breeding range,
the Alaska breeding population is at risk from natural and human-caused
factors. Major storms, predation or disturbance could severely deplete
Steller's eiders numbers on the North Slope and lead to extirpation of
this remnant population. 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
make this final rule. Based on this evaluation, the preferred action is
to list the Alaska breeding population of the Steller's eider as
threatened. While probably not in immediate danger of extinction,
Steller's eiders that breed in Alaska could become endangered in the
foreseeable future if the population declines further.
Critical Habitat
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
Alaska breeding population of Steller's eiders 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--(1) the identification of critical habitat can be expected to
increase the degree of threat to the species, or (2) such designation
of critical habitat would not be beneficial to the species.
Section 7(a)(2) and regulations codified at 50 CFR Part 402 require
Federal agencies to ensure, in consultation with the Service, that
activities they authorize, fund or carry out are not likely to
jeopardize the continued existence of listed species or destroy or
adversely modify their habitat. The current nesting range of the
Steller's eiders on the North Slope is largely contained within the
NPR-A. Upon this rule taking effect, oil and gas exploration and other
activities that may affect the continued existence of the Alaska
breeding population of Steller's eider will be addressed through the
section 7 consultation process to ensure that these activities do not
jeopardize the survival and recovery of the species. In addition,
wetland filling and other activities subject to Federal authorization
will undergo consultation to avoid detrimental impacts. In the fall,
winter, and spring, the eiders disperse to marine areas in southern
Alaska also used by large numbers of other waterfowl and birds. Most of
these areas, including Y-K Delta where the Steller's eider historically
nested, have been designated as National Wildlife Refuges and are
currently managed to ensure that Federal and other activities do not
deleteriously affect these bird concentrations. The Service believes
that Federal involvement in both the nesting and wintering areas where
the species may occur can be identified and addressed without the
designation of critical habitat. Therefore, the Service finds that
designation of critical habitat is not prudent at this time because it
would result in no known benefit to the species not already afforded by
the Act. Protection of this species' habitat will also be addressed
through the section 7 and recovery processes and, as appropriate,
through the section 10 habitat conservation planning process.
Available Conservation Measures
Conservation measures provided for species listed as endangered or
threatened under the Endangered Species Act include recognition,
recovery actions, requirements for Federal protection, and prohibitions
against certain practices. Recognition through listing encourages and
results in conservation actions by Federal, State and local governments
and private organizations, groups and individuals. The Act provides for
possible land acquisition and cooperation with the States and requires
that recovery actions be carried out for all listed species. The
protection required of Federal agencies
[[Page 31756]]
and the prohibitions against taking and harm are discussed 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 designated
critical habitat. Regulations implementing this interagency cooperation
provision of the Act are codified at 50 CFR Part 402. Section 7(a)(4)
of the Act requires Federal agencies to confer 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. Section 7(a)(2) requires Federal agencies to
ensure that activities they authorize, fund, or conduct are not likely
to jeopardize the continued existence of endangered or threatened
species or to destroy or adversely modify its critical habitat. If an
action may affect a listed species or its critical habitat, the
responsible Federal agency must enter into formal consultation with the
Service.
The Service anticipates consultation with the U.S. Army Corps of
Engineers and the U.S. Department of Transportation to avoid impacts to
Steller's eiders from wetland fill permitting and other activities on
the North Slope. Consultations to identify potential effects on
Steller's eiders are also expected with the U.S. Bureau of Land
Management for NPR-A lands issues, the Minerals Management Service for
outer continental shelf oil and gas lease sales, and the National
Marine Fisheries Service for commercial fishing regulations.
The Service will initiate development of a recovery plan for the
Steller's eider promptly upon listing. This recovery plan, prepared in
cooperation with the affected agencies and communities, will establish
recovery goals and set recovery task priorities. An educational program
to gain public support for the protection of Steller's eiders has
already been initiated and will be expanded cooperatively with affected
communities.
The Act and implementing regulations found at 50 CFR 17.21 and
17.31 set forth a series of general prohibitions and exceptions that
apply to all threatened wildlife. 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,
capture, collect, or to attempt any of these), import or export, ship
in interstate commerce in the course of 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 threatened wildlife species under certain circumstances.
Regulations governing permits are in 50 CFR 17.22, 17.23, and 17.32.
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. For threatened species,
permits are also available for zoological exhibition, educational
purposes, or special purposes consistent with the purposes of the Act.
It is the policy of the Service, published in the Federal Register
on July 1, 1994 (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 this
listing on proposed and ongoing activities within the species' range.
The Service believes that the following actions will not result in a
violation of section 9, provided the activities are carried out in
accordance with any existing regulations and permit requirements:
(1) Unintentional flushing or disturbing of Steller's eiders on the
species' Alaska nesting or wintering grounds.
(2) Federally approved projects that involve activities such as,
drilling, discharge of fill material, draining, ditching, or aleration
of surface or ground water into or out of a wetland (i.e., due to
roads, impoundments, discharge pipes, etc.) when such activity is
conducted in accordance with any reasonable and prudent measures given
by the Service in accordance with section 7 of the Act.
(3) Hunting endangered and threatened species for subsistence
purposes is permissible under the Endangered Species Act under certain
circumstances (section 10(e)of the Act, see further discussion below);
however, all hunting of Steller's eiders remains prohibited under other
provisions of law.
Activities that the Service believes could potentially result in
``take'' of the Alaska breeding population of Steller's eiders include,
but are not limited to, the following activities:
(1) Unauthorized trapping, capturing, or collecting of the Alaska
breeding population of Steller's eiders. Research activities, where
birds are trapped or captured will require a permit under section
10(a)(1)(A) of the Endangered Species Act.
(2) Intentional or accidental shooting or Steller's eiders during
the sport hunting season. This take will be addressed in the annual
section 7 consultation conducted on the migratory bird sport hunting
season. Wanton killing or injury of Steller's eiders is illegal under
both the Endangered Species Act, MBTA, and other Federal and State
laws.
Other activities not identified in the above two paragraphs will be
reviewed on a case-by-case basis to determine if a violation of section
9 of the Act may be likely to result from such activity. Questions
regarding any specific activities should be directed to the Field
Supervisor of the Service's Fairbanks Field Office (see ADDRESSES
section).
Section 10(e) of the Act exempts any Indian, Aleut, or Eskimo who
is an Alaska Native who resides in Alaska, or any nonnative permanent
resident of an Alaska Native village, from prohibitions on taking any
endangered or threatened species if such taking is primarily for
subsistence purposes. Regulations prohibiting or limiting subsistence
harvest may be established pursuant to section 10(e)(4) of the Act if
the Secretary determines that such taking materially and negatively
affects the threatened or endangered species. The Service is not
considering special regulations under section 10(e)(4) of the Act at
this time, because all hunting of Steller's eiders is currently
restricted under provisions of other Federal and State laws.
National Environmental Policy Act
The Fish and Wildlife Service has determined that an Environmental
Assessment or Environmental Impact Statement, as defined under
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 of 1973, as amended. A notice
outlining the Service's reasons for this determination was published in
the Federal Register on October 25, 1983 (48 FR 49244).
Required Determinations
The Service has examined this regulation under the Paperwork
Reduction Act of 1995 and found it to contain no information collection
requirements. This rulemaking was not subject to review by the Office
of
[[Page 31757]]
Management and Budget under Executive Order 12866.
References Cited
A complete list of all the references cited herein, as well as
others, is available upon request from the Fairbanks Ecological
Services Field Office (see ADDRESSES section).
Authors: The primary author of this document is Ted Swem (see
ADDRESSES section). Lori Quakenbush, U.S. Fish and Wildlife Service,
contributed data and editorial assistance. Bill Larned and Rod King,
U.S. Fish and Wildlife Service, contributed survey data.
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, Transportation.
Regulation Promulgation
Accordingly, part 17, subchapter B of chapter I, title 50 of the
Code of Federal Regulations, is amended 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. Section 17.11(h) is amended by adding the following, in
alphabetical order under BIRDS, to the List of Endangered and
Threatened Wildlife, to read as follows:
Sec. 17.11 Endangered and threatened wildlife.
* * * * *
(h) * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Species Vertebrate population
------------------------------------------------------------ Historic range where endangered or Status When Critical Special
Common name Scientific name threatened listed habitat rules
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
BIRDS
* * * * * * *
Eider, Steller's................... Polysticta stelleri... U.S.A. (AK), Russia.. U.S.A. (AK breeding T 616 NA NA
population only).
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Dated: March 21, 1997.
John G. Rogers,
Acting Director, Fish and Wildlife Service.
[FR Doc. 97-15244 Filed 6-10-97; 8:45 am]
BILLING CODE 4310-55-P
