99-19900. Endangered and Threatened Wildlife and Plants; Proposal To Remove the Aleutian Canada Goose From the List of Endangered and Threatened Wildlife  

  • [Federal Register Volume 64, Number 148 (Tuesday, August 3, 1999)]
    [Proposed Rules]
    [Pages 42058-42068]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 99-19900]
    
    
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    DEPARTMENT OF THE INTERIOR
    
    Fish and Wildlife Service
    
    50 CFR Part 17
    
    RIN 1018-AF42
    
    
    Endangered and Threatened Wildlife and Plants; Proposal To Remove 
    the Aleutian Canada Goose From the List of Endangered and Threatened 
    Wildlife
    
    AGENCY: Fish and Wildlife Service, Interior.
    
    ACTION: Proposed rule.
    
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    SUMMARY: The U.S. Fish and Wildlife Service (we) proposes to remove the 
    Aleutian Canada goose (Branta canadensis leucopareia), currently listed 
    as threatened, from the list of endangered and threatened wildlife. 
    Current data indicate that the population of Aleutian Canada goose in 
    North America has recovered. This recovery has primarily been the 
    result of four activities: the removal of introduced Arctic foxes 
    (Alopex lagopus) from some of its nesting islands; the release of 
    captive-reared and wild, translocated family groups of geese to fox-
    free islands to establish new breeding colonies; protection of the 
    Aleutian Canada goose throughout its range from mortality due to 
    hunting; and protection and management of migration and wintering 
    habitat. Removal from the list of Endangered and Threatened Wildlife 
    would result in elimination of regulatory protection offered by the 
    Endangered Species Act of 1973, as amended (Act) but would not affect 
    protection provided to the subspecies by the Migratory Bird Treaty Act. 
    Section 4(g) of the Act requires us to implement a system in 
    cooperation with the States to monitor a recovered species for at least 
    5 years following delisting. This proposal includes a draft monitoring 
    plan that may be implemented if the Aleutian Canada goose is delisted 
    as proposed.
    
    DATES: Comments from all interested parties must be received by 
    November 1, 1999. Requests for a public hearing must be received by 
    September 17, 1999.
    
    ADDRESSES: Comments and information concerning this proposal should be 
    sent to Ann Rappoport, U.S. Fish and Wildlife Service, 605 West 4th 
    Avenue, Room G-62, Anchorage, Alaska 99501. Comments and information 
    received will be available for inspection, by appointment, during 
    normal business hours at the above address.
    
    FOR FURTHER INFORMATION CONTACT: Ann Rappoport, at the above address 
    (907) 271-2787, or Greg Balogh, U.S. Fish and Wildlife Service, 605 
    West 4th Avenue, Room G-62, Anchorage, Alaska 99501, (907) 271-2778.
    
    SUPPLEMENTARY INFORMATION:
    
    Background
    
        The Aleutian Canada goose is a small, island-nesting subspecies of 
    Canada goose. Morphologically (in form), it resembles other small 
    Canada goose subspecies, but nearly all Aleutian Canada geese surviving 
    past their first winter have a distinct white neck ring at the base of 
    a black neck. Other distinguishing characteristics include an abrupt 
    forehead, separation of the white cheek patches by black feathering 
    along the throat, and a narrow border of dark feathering at the base of 
    the white neck ring. The Aleutian Canada goose is the only subspecies 
    of Canada goose whose range once included both North America and Asia 
    (Amaral 1985). It formerly nested in the northern Kuril and Commander 
    Islands, in the Aleutian Archipelago and on islands south of the Alaska 
    Peninsula east to near Kodiak Island. The species formerly wintered in 
    Japan, and in the coastal western United States south to Mexico. 
    Delacour (1954) considered coastal British Columbia within the former 
    wintering range of this subspecies; however, there are no bona fide 
    records of Aleutian Canada geese from this area (P. Springer, pers. 
    comm.).
        The decline of the Aleutian Canada goose was primarily the result 
    of the introduction of Arctic foxes (Alopex lagopus) and, to a lesser 
    extent, red foxes (Vulpes vulpes) to its breeding islands for the 
    purpose of developing a fur industry. Between 1750 and 1936, Arctic and 
    red foxes were introduced to more than 190 islands within the breeding 
    range of the Aleutian Canada goose in Alaska (Bailey 1993). Several 
    life cycle stages of the goose, including eggs, goslings and 
    flightless, molting geese are vulnerable to predation by foxes. The 
    decrease of Aleutian Canada geese on Agattu Island between 1906, when 
    they were termed the most abundant bird (Clark 1910), and 1937,
    
    [[Page 42059]]
    
    when only a few pairs were observed (Murie 1959), attests to the 
    precipitous nature of their decline. At the time of its listing as 
    endangered in 1967, its known breeding range was limited to Buldir 
    Island, a small, isolated island in the western Aleutian Islands. There 
    is a record that Arctic foxes were introduced to Buldir Island in 1924, 
    but this is either incorrect or the introduction failed to establish a 
    population (Bailey 1993).
        Hunting throughout its range in the Pacific Flyway, especially on 
    the migration and wintering range in California, and loss and 
    alteration of habitat on its migration and wintering range also 
    contributed to the subspecies' decline. Hunting was likely a limiting 
    factor when populations were low.
        In response to reduced population levels, we classified the 
    Aleutian Canada goose as endangered on March 11, 1967 (32 FR 4001). 
    Congress afforded additional protection with passage of the Endangered 
    Species Act of 1973. We approved a recovery plan for the Aleutian 
    Canada goose in 1979 and revised it in 1982 and 1991 (Byrd et al. 
    1991). We began recovery activities in 1974. Important features of the 
    recovery program in Alaska and the western U.S. included: banding of 
    birds on the breeding grounds to identify important wintering and 
    migration areas; closure of principal wintering and migration areas to 
    hunting of all Canada geese; acquisition, protection and management of 
    important wintering and migration habitat; removal of foxes from 
    potential nesting islands; propagation and release of captive Aleutian 
    Canada geese on fox-free nesting islands in the Aleutians; and 
    translocation of molting family groups of wild geese from Buldir Island 
    to other fox-free islands in the Aleutians.
        At the time of its listing, we based population estimates of 
    Aleutian Canada geese on limited data. Boecker (in Kenyon 1963) 
    speculated during a 1963 expedition that only 200-300 birds were on 
    Buldir Island. We believed breeding birds to be confined to that one 
    island, and the migration routes and wintering range were unknown. A 
    spring count at a principal migration stopover near Crescent City, 
    California in 1975 revealed only 790 individuals (Springer et al. 
    1978).
        We subsequently found small breeding groups of Aleutian Canada 
    geese on Kiliktagik Island in the Semidi Islands south of the Alaska 
    Peninsula in 1979 (Hatch and Hatch 1983), and on Chagulak Island in the 
    central Aleutians in 1982 (Bailey and Trapp 1984). Geese from Chagulak 
    Island are morphologically (in form) identical to those from the 
    western Aleutians. Semidi Islands geese are morphologically similar to 
    geese from the Aleutian Islands but tend to have darker breasts, more 
    variable neck rings and a less distinct subtending line below the neck 
    ring (D. Pitkin, Fish and Wildlife Service, pers. comm.). Genetic 
    studies indicate that geese from both Chagulak Island and the Semidi 
    Islands are more closely related to Aleutian Canada geese than other 
    Canada goose subspecies (Shields and Wilson 1987; Pierson et al. 1998). 
    We consider the Chagulak Island and Semidi Islands geese remnant 
    populations of the previously more continuously distributed Aleutian 
    Canada goose.
        Marking of Aleutian Canada geese on Buldir Island beginning in 
    1974, and later on Chagulak Island and Kiliktagik Island, helped reveal 
    their wintering range and migration routes. These marking studies 
    indicate that there are two, relatively discrete breeding segments of 
    Aleutian Canada geese--the Aleutian Islands segment, including birds 
    from Chagulak Island and the western Aleutian Islands, and the Semidi 
    Islands segment. A recent genetic study found that geese from the 
    Semidi Islands are genetically distinct from geese from the Aleutian 
    Islands, indicating limited contemporary gene flow and/or major shifts 
    in gene frequency through genetic drift (the random change in gene 
    frequencies in small populations due to chance) (Pierson et al. 1998).
        Most Aleutian Canada geese that nest in the Aleutian Islands winter 
    in California, primarily on agricultural lands where they feed on 
    grass, waste beans, and grain, including corn and sprouting winter 
    wheat (Woolington et al. 1979, Dahl 1995). They arrive on the wintering 
    grounds in mid-October. Some geese stop in the Crescent City area in 
    coastal northwest California, but most continue on to the vicinities of 
    Colusa in the Sacramento Valley and Modesto in the northern San Joaquin 
    Valley. The lands used by Aleutian Canada geese near Colusa, California 
    are primarily privately owned farms and Reclamation District (local 
    government) land. The 733-acre Butte Sink National Wildlife Refuge in 
    the Colusa area is actively managed to attract geese and other 
    waterfowl.
        By mid-December nearly all Aleutian Canada geese are near Modesto 
    where they winter primarily on two privately owned ranches and on the 
    adjacent San Joaquin River National Wildlife Refuge. In previous years, 
    a large proportion of geese from the Modesto area would periodically 
    shift southward to the nearby Grassland Ecological Area near Los Banos 
    and Gustine. The lands in the Grassland Ecological Area are owned by 
    the Fish and Wildlife Service, State of California and private duck 
    hunting clubs. Recently, up to several thousand geese have been using 
    night roosts on private duck hunting clubs in this area.
        Small numbers of Aleutian Canada geese from the Aleutian Islands 
    stop near El Sobrante on lands owned by a public utility in north San 
    Francisco Bay in late fall and early winter before continuing on to 
    Modesto. The number of birds observed at El Sobrante has steadily 
    declined in recent years from a high of 140 geese in 1985 to a low of 8 
    birds in 1997. Twenty-one Aleutian Canada geese were observed there in 
    early 1998 (Dunne 1998). Small numbers of wintering Aleutian Canada 
    geese have been occasionally observed in northwestern California near 
    Crescent City, on the Humboldt Bay National Wildlife Refuge, and on the 
    Eel River bottoms (P. Springer, pers. comm.). Six hundred Aleutian 
    Canada geese wintered in the Crescent City area in 1998 (Fisher 1998).
        Small numbers of Aleutian Canada geese also occasionally appear in 
    other areas, especially during migration. The most frequent of these 
    areas include Willapa Bay in south coastal Washington, the Willamette 
    Valley in Oregon, and the Sacramento-San Joaquin Delta in San Francisco 
    Bay, California. See Springer and Lowe (1998) for a more thorough 
    discussion of the distribution of Aleutian Canada geese and factors 
    affecting their distribution.
        On the northward migration in spring, most Aleutian Canada geese 
    stage near Crescent City, where the birds roost nightly on Castle Rock, 
    an offshore island protected as a national wildlife refuge. Some geese 
    also roost on nearby Prince Island, which is owned by the Tolowa 
    Indians, and on Goat Rock, a unit of the Oregon Islands National 
    Wildlife Refuge, just north of the California/Oregon border. During the 
    day birds graze on privately owned farms in the Smith River bottoms and 
    on lands owned and managed by the State of California. In recent years, 
    Aleutian Canada geese have been departing the Crescent City area 
    increasingly early in spring and spending several weeks feeding in 
    privately owned pastures and in pastures managed by the Bureau of Land 
    Management in the New River area in south coastal Oregon near the town 
    of Langlois. These birds roost at night on offshore islands that are 
    part of the Oregon Islands National Wildlife Refuge. In the spring of 
    1998, about 10,000 Aleutian Canada geese were
    
    [[Page 42060]]
    
    observed in the Langlois area (Fisher 1998).
        The small numbers of geese that breed in the Semidi Islands winter 
    exclusively in coastal Oregon near Pacific City. These birds forage 
    during the day on pastures at two privately owned dairies and roost at 
    night on Haystack Rock in the Oregon Islands National Wildlife Refuge 
    or on the ocean. Since fall, 1996, small numbers of geese that nest in 
    the Aleutian Islands have wintered with the Semidi Islands geese in 
    Oregon. In winter 1997/1998, about 20 geese from the Aleutians wintered 
    with the Semidi Islands geese (D. Pitkin, U.S. Fish and Wildlife 
    Service, pers. comm.).
        An important component of the Recovery Plan, establishment of 
    closed areas for hunting Canada geese, has contributed to the recovery 
    of the Aleutian Canada goose. Six closed areas for Aleutian Canada 
    geese currently exist, including: islands in Alaska west of Unimak 
    Island, beginning in 1973; northwestern California, the Modesto area 
    and the Colusa area, beginning in 1975; and the Pacific City area and 
    central and south coastal Oregon beginning in 1982. Occasionally, 
    hunters kill a few Aleutian Canada geese using habitats outside of the 
    closed hunting areas.
        Initial population increases of Aleutian Canada geese were likely 
    in response to hunting closures in California and Oregon to protect the 
    geese during migration and during winter. However, a substantial 
    increase in numbers was dependent on re-establishing geese on former 
    nesting islands. Release of captive-reared birds on fox-free islands in 
    the Aleutians was largely unsuccessful due to low survival rates. Once 
    the number of geese on Buldir Island was large enough, we initiated 
    translocation of wild geese from Buldir Island to other fox-free 
    islands. This approach was much more successful and the release of 
    captive-reared birds was phased out.
        As new breeding colonies became established in the Aleutian 
    Islands, the number of Aleutian Canada geese increased rapidly. Annual 
    rates of increase between 1975 and 1989 ranged from 6 to 35 percent, 
    and by winter 1989/1990, the peak winter count reached 6,300 geese. We 
    reclassified the Aleutian Canada goose from endangered to threatened in 
    1990 (55 FR 51106, December 12, 1990).
    
    Summary of Previous Listing Actions
    
        We first designated the Aleutian Canada goose as an endangered 
    species in the United States on March 11, 1967 (32 FR 4001) under the 
    Endangered Species Preservation Act of 1966 (Pub. L. 89-669, 80 Stat. 
    926). The Endangered Species Conservation Act of 1969 (Pub. L. 91-135, 
    83 Stat. 275), which replaced the 1967 law, authorized the listing of 
    foreign species; the Aleutian Canada goose was included on the foreign 
    species list (proposed April 14, 1979 (36 FR 6969); final June 2, 1970 
    (35 FR 8495)). We proposed the reclassification of the species from 
    endangered to threatened status on September 29, 1989 (54 FR 40142) and 
    finalized the reclassification on December 12, 1990 (55 FR 51106). On 
    April 9, 1998 (63 FR 17350), we published a Notice of Status Review on 
    the Aleutian Canada goose and notified the public of our intent to 
    propose the removal of the species from the threatened species list.
    
    Summary of Current Status
    
        Since the subspecies was downlisted to threatened in 1990, the 
    overall population of Aleutian Canada geese has sustained a strong 
    increase in numbers. Table 1 summarizes peak counts and indirect 
    population estimates of Aleutian Canada geese on the wintering grounds 
    since the subspecies was downlisted in 1990. Peak counts are counts of 
    the geese on the wintering grounds near Modesto, California, during 
    early spring as they arrive at and leave their primary roosts at Castle 
    Rock and Prince Island in northwestern California. Indirect counts are 
    based on a ratio of marked to unmarked birds. (See Other Factors in 
    Support of Delisting for a more detailed discussion of survey 
    techniques). The most recent and highest population estimate of 
    Aleutian Canada geese from the Aleutian Islands is of birds from their 
    staging area near Crescent City in spring 1999. This preliminary 
    estimate suggests that the Aleutian Canada goose population is now 
    about 32,000 individuals (Table 1). Since 1990, the annual rate of 
    growth of the population, based on peak counts of birds in California, 
    has averaged about 20 percent. The overall annual growth rate of the 
    population since recovery activities began in the 1970s has been about 
    14 percent (M. Fisher, U.S. Fish and Wildlife Service, pers. comm.).
    
       Table 1.--Peak Count and Indirect Estimates of Aleutian Canada Geese in California (Aleutian Island Nesting
                          Geese) and Near Pacific City, Oregon (Semidi Islands Nesting Geese).
    ----------------------------------------------------------------------------------------------------------------
                                                                                California
                                                                     --------------------------------  Pacific City,
                                  Year                                                   Indirect           OR
                                                                        Peak  count        count
    ----------------------------------------------------------------------------------------------------------------
    1989/1990.......................................................           6,300  ..............             115
    1990/1991.......................................................           7,000  ..............             128
    1991/1992.......................................................           7,800  ..............             126
    1992/1993.......................................................          11,680  ..............             132
    1993/1994.......................................................          15,700  ..............             122
    1994/1995.......................................................          19,150          21,769             111
    1995/1996.......................................................          21,421          24,643             107
    1996/1997.......................................................          22,815          23,977             114
    1997/1998.......................................................          27,700          28,984             120
    1998/1999.......................................................          32,281          28,628           * 120
    ----------------------------------------------------------------------------------------------------------------
    * Preliminary estimate (D. Pitkin, U.S. Fish and Wildlife Service, pers. comm.).
    
        The peak count of Semidi Island birds on their wintering grounds 
    near Pacific City, Oregon, during both 1998 and 1999 was 115-120 (D. 
    Pitkin, U.S. Fish and Wildlife Service, pers. comm.). Despite 
    protection on both the breeding and wintering grounds, the Semidi 
    Islands geese have sustained no growth since 1993 (Table 1). The 
    reasons for this are not clear although counts from the wintering range 
    in Oregon indicate poor recruitment in recent years.
        Predictably, marked increases of geese on the wintering grounds are 
    mirrored by similar increases on most breeding islands, although 
    nesting geese are far more difficult to enumerate than those on 
    wintering and migration habitat. At
    
    [[Page 42061]]
    
    the time of their listing, we believed Aleutian Canada geese to be 
    nesting only on Buldir Island, but based on later discoveries, they 
    also probably nested on Chagulak Island and in the Semidi Islands. Our 
    earliest estimate of the number of geese on Buldir Island was 200-300 
    birds in 1963 (see Kenyon 1963). By 1995, the last year we surveyed the 
    breeding islands, we estimated the number of breeding geese on Buldir 
    Island was 7,000. Assuming 40% of the population are breeders (Byrd 
    1995), then by 1995 the number of birds on Buldir Island was about 
    17,500. We released geese on Agattu Island periodically from 1974 to 
    1984 (Byrd et al. 1991). By 1990, 100 birds were nesting there and in 
    1995, we estimated 700 birds were nesting there (1,750 total geese; 
    Byrd 1995). We found similar increases at Alaid-Nizki. We first 
    released geese on Alaid-Nizki in 1981 and, by 1987, they were nesting 
    there. We estimated the number of breeding geese on Alaid-Nizki in 1995 
    at 248 (or 620 total geese). Byrd (1995) states that the number of 
    geese breeding at Agattu could approach 2,000 in the future and double 
    at Alaid-Nizki. It is unknown how numerous geese on Buldir Island will 
    become. Elsewhere in the Aleutian Islands, we estimate that about 10 
    birds nested in the Rat Islands in 1995 and about 40 birds nested at 
    Chagulak Island in 1995 (Byrd 1995).
        We have also documented recent breeding of Aleutian Canada geese at 
    Amchitka, Amukta, and Little Kiska islands. Although the current status 
    of Aleutian Canada geese on these islands is unknown, we believe 
    reestablishment of breeding populations via translocations to Amchitka 
    and Little Kiska Islands and natural recolonization of Amukta Island to 
    have a low probability of success. We believe the presence of bald 
    eagles (Haliaeetus leucocephalus), a major predator of geese, on 
    islands east of Buldir Island to be a factor that has limited the 
    success of translocations to Amchitka, Little Kiska and Kiska Islands.
        We believe the small group of geese nesting on Chagulak Island to 
    be stable in number, but the terrain is steep and nesting habitat is 
    limited. We have removed foxes from most of the islands near Chagulak, 
    and to bolster the population of geese in this portion of the 
    Aleutians, translocated geese from Buldir Island to Yunaska Island in 
    1994 and 1995. We also translocated geese from Buldir Island to Skagul 
    Island in the Rat Island group in 1994 and 1995. We have not conducted 
    subsequent surveys on these islands to determine if the translocations 
    have resulted in establishment of breeding populations on these 
    islands. However, in winter 1997/1998, we observed 15 marked, female 
    geese translocated to Yunaska Island and 13 marked, female geese 
    translocated to Skagul Island in California. These sightings indicate 
    that there are translocated female geese now of reproductive age that 
    still survive and that potentially may already be breeding on these 
    islands.
        In the Semidi Islands, investigators studying Aleutian Canada geese 
    found 14 nests on Kiliktagik Island and 3 nests on Anowik Island in 
    1995, which is 11 nests (39 percent) fewer than were found on the same 
    islands in 1992 (Beyersdorf and Pfaff 1995). Hatching success and 
    overall nesting success of geese in the Semidi Islands in 1995 were 
    lower than their counterparts in the western Aleutian Islands. In 
    addition, recruitment rates for Semidi Islands geese were low compared 
    with rates we observed among Aleutian Island birds based on censuses of 
    hatching-year birds on the wintering grounds each fall in coastal 
    Oregon (D. Pitkin and R. Lowe, U.S. Fish and Wildlife Service, pers. 
    comm.). The reason for lower productivity of Aleutian Canada geese in 
    the Semidi Islands is unknown.
    
    Review of Aleutian Canada Goose Recovery Plan
    
        In accordance with the Act, we appointed a team of experts to write 
    a plan for recovery of the Aleutian Canada goose. The original recovery 
    plan was approved on August 7, 1979, and later revised on September 8, 
    1982, and September 30, 1991 (Byrd et al. 1991). The most recent 
    version of the recovery plan was written after the Aleutian Canada 
    goose was downlisted to threatened in 1990, and established objectives 
    for measuring recovery and indicating when delisting was appropriate. 
    Recovery plans and objectives are intended to guide and measure 
    recovery, but are supposed to be flexible enough to adjust to new 
    information.
        The Aleutian Canada Goose Recovery Plan (Byrd et al. 1991) 
    identified the following recovery objectives: (1) The overall 
    population of Aleutian Canada geese includes at least 7,500 geese, and 
    the long-term trend appears upwards; (2) at least 50 pairs of geese are 
    nesting in each of three geographic parts of the historic range--
    western Aleutians (other than Buldir Island), central Aleutians, and 
    Semidi Islands, for three or more consecutive years; and (3) a total of 
    25,000-35,000 acres (ac) of specific land parcels identified by the 
    recovery team as feeding and roosting habitat needed for migration and 
    wintering are secured and are being managed for Aleutian Canada geese. 
    The recovery plan states that failure to achieve a specific acreage 
    target of migration and wintering habitat would not preclude delisting 
    of the Aleutian Canada goose if otherwise warranted. A discussion of 
    the status of the Aleutian Canada goose relative to the recovery 
    objectives follows.
        (1) The most recent estimate of the overall population of Aleutian 
    Canada geese is approximately 32,000 birds, which is over four-fold 
    greater than the population objective for delisting. The population 
    trend of Aleutian Canada geese continues upward, and has averaged about 
    20 percent annual growth since the subspecies was downlisted in 1990. 
    We believe that the subspecies is no longer threatened or endangered 
    and its population may continue to grow in size in the future.
        (2) The objective of 50 or more pairs of Aleutian Canada geese 
    nesting in each of 3 geographic parts of the historic range--western 
    Aleutians (other than Buldir Island), central Aleutians, and Semidi 
    Islands, has not been met. The population of Aleutian Canada geese 
    nesting in the western Aleutians far exceeds the delisting objective, 
    with self-sustaining breeding populations established on three 
    islands--Buldir, Agattu, and Alaid/Nizki. Primarily on the strength of 
    recovery in the western Aleutian Islands, the Recovery Team recommended 
    delisting the subspecies (Byrd 1995).
        We have not surveyed geese nesting in the central Aleutians since 
    1993, but existing data suggest the size of the breeding group at 
    Chagulak Island has been stable at about 20-25 pairs since the time of 
    their discovery in 1982. Chagulak Island is very steep and has limited 
    nesting habitat. A substantial increase in the number of birds in the 
    central Aleutian Islands likely will require colonization of new 
    islands. Although we discovered nesting by Aleutian Canada geese on 
    nearby Amukta Island, we do not know if they are currently nesting 
    there or if breeding occurs on Yunaska Island as a result of the 
    translocation of geese there in 1994 and 1995. We have also removed 
    foxes from several other nearby islands, including Carlisle, Herbert, 
    Kagamil, Uliaga and Seguam, and these islands could be colonized by 
    Aleutian Canada geese in the future. We believe that increasing numbers 
    of Aleutian Canada geese in the central Aleutians is desirable. 
    However, we do not view the lack of evidence that there are at least 50 
    pairs of geese breeding in the central Aleutians as a barrier to 
    delisting because they appear to be from the same breeding segment as 
    the western
    
    [[Page 42062]]
    
    Aleutian geese. We surmise this based on their similar physical 
    characteristics, some preliminary data on mitochondrial DNA (Shields 
    and Wilson 1987), and their use of the same wintering area.
        The Semidi Islands breeding segment more than doubled in size 
    following closure of the wintering area to hunting in 1982. Since 1990, 
    it has fluctuated moderately in size on its wintering area, averaging 
    about 120 geese. However, the lack of an increase in these birds since 
    1993, given protection of the birds on the breeding and wintering 
    grounds, and the availability of unexploited breeding and wintering 
    habitat, cannot be fully explained with existing information. Local 
    farmers in Oregon maintain that these geese have used the same local 
    farms for at least 65 years and have never been numerous (R. Lowe, U.S. 
    Fish and Wildlife Service, pers. comm.). Despite lack of a persistent 
    and positive population response of Semidi Islands geese, we believe 
    this should not be a barrier to delisting the Aleutian Canada goose 
    subspecies because of the health and vigor of the subspecies as a 
    whole. Furthermore, we can continue to protect this breeding segment 
    from various forms of take under provisions of the Migratory Bird 
    Treaty Act (see Summary of Factors Affecting the Species below). We 
    will continue to closely monitor the status of the Semidi Islands 
    breeding segment of Aleutian Canada geese on its wintering grounds.
        Although the criteria of 50 or more pairs nesting in each of 3 
    geographic parts of their historic range has not been fully met, the 
    Recovery Team in 1995 considered the following factors overriding: the 
    population is approximately three times higher (now almost four times 
    higher) than the minimum suggested for delisting; the population is 
    continuing to increase at a high rate; there are now self-sustaining 
    breeding populations in the western Aleutians on Buldir, Agattu, and 
    Alaid/Nizki islands; and we have removed foxes from islands in the 
    central Aleutians and translocations of birds there has bolstered goose 
    numbers.
        (3) We have not fully met the recovery objective of conserving and 
    managing 25,000-35,000 ac of migration and wintering habitat; however, 
    the recovery team allowed that not attaining this acreage target would 
    not preclude delisting if this action was otherwise warranted. The 
    original target of greater than 25,000 ac was derived by summing the 
    acreage of most parcels of land that have been used by Aleutian Canada 
    geese on their wintering grounds and on principal migration stopovers 
    outside of Alaska since their recovery began. The acreage target 
    reflects inclusion of parcels that are no longer used by Aleutian 
    Canada geese. We believe that sufficient progress is being made toward 
    this objective to warrant delisting the Aleutian Canada goose. The 
    population has responded very favorably to management actions taken on 
    its behalf by the Service, States, and private landowners in migration 
    and wintering areas. More than 8,000 ac of currently-used winter and 
    migration habitat are secure (Table 2), and we have an active 
    acquisition program for both fee title and perpetual conservation 
    easements in the Sacramento and San Joaquin Valleys. This total secure 
    acreage does not include 33,108 ac of national wildlife refuge land and 
    67,000 ac of private land protected under perpetual conservation 
    easements within the Grassland Ecological Area located approximately 40 
    miles south of the main use area for Aleutian Canada geese. We have 
    documented recent use by Aleutian Canada geese in this area. (D. 
    Woolington, U.S. Fish and Wildlife Service, pers. comm.).
    
     Table 2.--Secure Lands in Migration or Wintering Areas Under Federal, State or Private Ownership and Currently
                                         Being Managed for Aleutian Canada Geese
    ----------------------------------------------------------------------------------------------------------------
               Location                      Owner/Manager              Acreage                Goose use
    ----------------------------------------------------------------------------------------------------------------
                                                       CALIFORNIA
    ----------------------------------------------------------------------------------------------------------------
           Northwestern CA
     
    Castle Rock..................  FWS..............................           13  Roosting.
    Prince Island................  Tribal...........................            6  Roosting.
    Lake Earl Wildlife Area......  State of CA......................          470  Feeding.
    Lake Earl Project............  State of CA......................          230  Feeding.
     
             Colusa Area
     
    833 Reclamation District.....  Local Gov't......................        2,000  Feeding/roosting.
    Butte Sink NWR...............  FWS..............................          733  Feeding/roosting.
     
           El Sobrante Area
    East Bay Municipal Utility     Local Gov't......................  ...........  Feeding/roosting.
     District.
     
             Modesto Area
     
    San Joaquin River NWR........  FWS..............................    \1\ 1,607  Feeding/roosting.
    Faith Ranch..................  Gallo Family.....................        1,964  Feeding/roosting.
    ----------------------------------------------------------------------------------------------------------------
                                                         OREGON
    ----------------------------------------------------------------------------------------------------------------
    Oregon Islands NWR...........  FWS..............................           45  Roosting.
    Nestucca Bay NWR.............  FWS..............................          120  Feeding.
    BLM grazing land.............  BLM..............................          537  Feeding.
    Floras Lake Park.............  Curry County.....................          300  Roosting.
                                                                     -------------
        Total....................  .................................        8,025  .................................
    ----------------------------------------------------------------------------------------------------------------
    \1\ 6,108 acres are currently in the refuge but only 1,607 acres are suitable for Aleutian Canada geese.
    
        As the population of Aleutian Canada geese continues to grow, we 
    plan to secure additional parcels of migration and wintering habitat. 
    Acquisition of additional goose habitat remains a top priority for the 
    San Joaquin River National Wildlife Refuge for geese that nest in the 
    Aleutian Islands, and for the Nestucca Bay National Wildlife Refuge
    
    [[Page 42063]]
    
    in coastal Oregon for geese that nest in the Semidi Islands.
        The concentration of relatively large numbers of Aleutian Canada 
    geese on small areas of wintering and migration habitat, most of which 
    is in private ownership, has created conflicts between landowners and 
    geese. Typically the conflicts occur over sprouting grain or pasture 
    grass that is used by both geese and livestock. Northwestern 
    California, particularly in the Smith River bottoms, remains an 
    increasingly controversial area for Aleutian Canada geese because only 
    about 700 ac of State land are now actively managed as foraging habitat 
    for geese in this area. Many geese forage on intensively managed, 
    privately owned pastures in this area during their brief fall stopover 
    and more extensive spring stopover.
        In response to the competition between geese and livestock on 
    private lands, the Service in the Modesto area and the State of 
    California in northwestern California are more actively managing their 
    lands to attract geese away from private parcels. In addition, the 
    Service and State provide technical assistance to willing landowners to 
    help them manage their lands for geese.
        We acknowledge the important role that private landowners have 
    played in the recovery of the Aleutian Canada goose. Aleutian Canada 
    geese have used and continue to heavily use private lands for feeding, 
    loafing and roosting. Some landowners actively manage their lands for 
    geese with technical assistance from State and Service wildlife 
    biologists. Other landowners have shown considerable patience as goose 
    numbers have increased and geese have impacted their crops and competed 
    with their livestock for grass. The depredation problem may intensify 
    as Aleutian Canada goose numbers continue to increase.
    
    Other Factors in Support of Delisting
    
        The Aleutian Canada Goose Recovery Team lists three additional 
    factors in support of removing the Aleutian Canada goose from the list 
    of threatened and endangered species (Byrd 1995). First, a program 
    designed to reestablish Aleutian Canada geese in the Asian portion of 
    their range is underway through the cooperation of Japanese and Russian 
    wildlife agencies and the Service. Lee (1998) provides a chronological 
    history of this effort, highlights of which are summarized below.
        In 1992, we transported 19 captive Aleutian Canada geese to 
    Petropavlovsk, Kamchatka, Russia to establish a captive population of 
    geese as a nucleus for reintroduction of Aleutian Canada geese in 
    Russia. In 1993, a Japanese/Russian team identified Ekarma Island in 
    the northwest Kuril Islands as a suitable fox-free island for future 
    releases of Aleutian Canada geese. A total of 86 captive-reared geese 
    was released in 1995, 1996 and 1997. In winter 1997/1998, Japanese 
    scientists observed at least 15 Aleutian Canada geese on the wintering 
    grounds in Japan, including 4 marked birds from the 1997 release of 33 
    geese. Seven of the birds appeared to be a family group, and Gerasimov 
    (1998) speculated that the unmarked Aleutian Canada geese may have been 
    progeny of birds from the earlier releases on Ekarma Island. We are 
    very encouraged by the early successes of the goose restoration efforts 
    in Russia and Japan, and will continue to support and participate in 
    this international phase of the overall restoration program.
        Second, the State of California and some cooperating local 
    landowners are implementing a plan to reduce depredations by geese on 
    privately owned pastures in the Smith River bottoms in northwestern 
    California. This plan focuses on providing high quality forage for 
    geese on about 200 ac of managed pastures owned by the State of 
    California and hazing birds off of private pastures. A multi-agency 
    ``Lake Earl Working Group'' was formed to address the depredation 
    problem in northwestern California, and local farmers are working with 
    the State of California to help manage State lands for geese through 
    fertilization of pastures and grazing by livestock. Results are 
    encouraging thus far. In 1995 almost no use by geese occurred on State 
    lands. The amount of time geese spent on State land increased to 12 
    percent in 1996, 20 percent in 1997 and 44 percent in 1998. Further 
    increases in the amount of time geese spend on State land on the order 
    of an additional 20 percent are expected (M. Fisher, U.S. Fish and 
    Wildlife Service, pers. comm.).
        We do not wish to overstate the success of management of State 
    lands in northwestern California as a mechanism to reduce conflicts 
    between Aleutian Canada geese and private landowners. Intensive 
    management of State lands in northwestern California has been a great 
    success to date; however, there is a finite amount of forage available 
    there and these lands must also be managed for other wildlife species 
    and habitat values. Furthermore, most State lands consist of poor soils 
    which are not as amenable to intensive management for geese as nearby 
    privately owned parcels.
        Lastly, we have developed a new procedure to monitor the population 
    of Aleutian Canada geese wintering in California, enabling us to detect 
    and respond to reverses in the growth of the population. We currently 
    use two procedures to measure population size. The first involves 
    coordinated peak counts of Aleutian Canada geese on the wintering 
    grounds near Modesto, and during early spring as they arrive at and 
    leave their primary roosts at Castle Rock and Prince Island in 
    northwestern California. This technique has proved extremely reliable 
    in the past; however, because numbers of Aleutian Canada geese are now 
    large, obtaining complete counts is difficult. In addition, Aleutian 
    Canada geese now often winter in mixed flocks with the similar-looking 
    Cackling Canada goose (Branta canadensis minima). As a result, we 
    recently developed an indirect survey technique that is based on a 
    ratio of marked to unmarked birds. Comparisons of surveys using the 
    indirect method with ``complete'' counts of geese suggest a high degree 
    of concordance between the methods. We anticipate that the indirect 
    count method will become more reliable and widely used if the Aleutian 
    Canada goose population continues to grow.
        In summary, the Recovery Plan for the Aleutian Canada goose 
    identified three criteria to use for evaluating when recovery had 
    occurred and when delisting was appropriate. To date, only one recovery 
    objective, attainment of a total population of the subspecies of at 
    least 7,500, has been completely achieved, but we believe that the 
    population is of sufficient size that threats to maintaining recovery 
    have been sufficiently reduced or eliminated to warrant delisting. 
    Contrary to our expectations, the Aleutian Canada geese in the central 
    Aleutians have not recovered despite protection of these birds both on 
    the breeding and wintering grounds. Similarly, the segment of birds 
    breeding in the Semidi Islands has not increased in number although it 
    is not known how large this group of birds was historically. We have 
    not conducted surveys recently in the central Aleutians to determine 
    the current goose population on Chagulak Island and to evaluate the 
    success of recent transplants and determine the number of pioneering 
    birds to fox-free islands in the area. Nevertheless, the explosive 
    growth of the western Aleutian breeding segment assures the future 
    viability of the Aleutian Canada goose subspecies. We remain concerned 
    about the lack of growth of the Semidi Islands breeding segment. 
    However, in recent history this small group of birds has been 
    relatively stable and obvious threats have been removed. We believe
    
    [[Page 42064]]
    
    we can effectively protect this breeding segment from various forms of 
    take under provisions of the Migratory Bird Treaty Act (see Summary of 
    Factors Affecting the Species below). In regard to conservation and 
    management of migration and wintering habitat, we support additional 
    acquisition and management of habitat, both to secure wintering and 
    migration habitat and as a tool to reduce future competition between 
    geese and farmers.
    
    Summary of Comments and Recommendations
    
        On April 9, 1998, we published a Notice of Status Review of the 
    Aleutian Canada goose requesting information and comments on the status 
    of the Aleutian Canada goose and notifying the public of our intent to 
    prepare a proposal to remove the subspecies from the list of threatened 
    and endangered species if appropriate (63 FR 17350, April 9, 1998). We 
    received five comments on the notice, including one from a branch of 
    the U.S. Armed Services, one from a public utility, and three from 
    individuals and organizations. Three of the responses supported 
    delisting the Aleutian Canada goose; none opposed delisting. Only one 
    issue of concern was raised in the comments. This issue and our 
    response is presented below.
        Comment: Subpopulations like the Semidi Islands group may need 
    continued protection under the Act.
        Our response: We remain concerned about the stable but small number 
    of Semidi Islands geese despite protection of these birds on their 
    winter and summer ranges, and will continue to monitor their status. We 
    believe that protective measures available under the Migratory Bird 
    Treaty Act, i.e., continued hunting closures and regulation of various 
    forms of take, would provide strong protection for Semidi Islands 
    geese. The Service and the Pacific Flyway Council will ensure that 
    Semidi Islands geese are considered during annual regulatory framework 
    changes that govern the sport harvest of waterfowl, and that 
    appropriate hunting closures to protect Semidi Islands geese on the 
    wintering grounds are maintained. These regulatory changes have proven 
    to be very effective in protecting other populations of geese in the 
    Pacific Flyway. Additionally, the Pacific Flyway Technical Committee 
    established an Aleutian Canada Goose subcommittee in 1997 that includes 
    State and Federal agency representatives. This subcommittee has begun 
    drafting a management plan for Aleutian Canada geese to ensure that 
    appropriate management activities are continued following delisting.
    
    Summary of Factors Affecting the Species
    
        In accordance with the Act and implementing regulations at 50 CFR 
    part 424, a species shall be listed if the Secretary of the Interior 
    determines that one or more of five factors listed in section 4(a)(1) 
    of the Act threatens the continued existence of the species. A species 
    may be delisted according to Sec. 424.11(d) if the best available 
    scientific and commercial data indicate that the species is neither 
    endangered or threatened for one of the following reasons:
        1. Extinction;
        2. Recovery; or
        3. Original data for classification of the species were in error.
        After a thorough review of all available information, we have 
    determined that Aleutian Canada geese are no longer endangered or 
    threatened with extinction. A substantial recovery has taken place 
    since the mid-1970s, and none of the five factors addressed in section 
    4(a)(1) of the Act currently jeopardizes the continued existence of 
    this subspecies of goose. These factors and their relevance to Aleutian 
    Canada geese are discussed below.
    
    A. The Present or Threatened Destruction, Modification, or Curtailment 
    of its Habitat or Range
    
        Threats to habitat of Aleutian Canada geese still exist, primarily 
    in the form of development and modification of wintering and migration 
    habitat, and the continued presence of foxes on former nesting islands 
    in Alaska. However, both on the breeding and wintering/migration 
    grounds, improvements to habitat have been and continue to be made 
    through predator removal, fee title acquisition and establishment of 
    conservation easements to protect migration and wintering habitat, and 
    management of migration and wintering habitat.
        Restoration of habitat on the breeding grounds in the Aleutian 
    Islands and islands south of the Alaska Peninsula continues as the fox 
    removal program proceeds. Since 1949, we have restored 33 islands, 
    totaling more than 596,000 ac, by removing Arctic and red foxes. In 
    1998, 2 additional islands were cleared of foxes, and 11 islands are 
    scheduled for restoration between 1999 and 2004. We plan to remove 
    foxes from 223,000-ac Attu Island in 1999. Attu Island is close to 
    Agattu Island and to the Alaid-Nizki Island group, all of which have 
    rapidly growing reestablished populations of Aleutian Canada geese, and 
    Attu would provide a substantial amount of nesting habitat if it was 
    colonized. Once cleared of foxes, transplants of family groups of 
    Aleutian Canada geese to Attu Island would be logistically feasible. 
    All of the extant nesting islands of Aleutian Canada geese in Alaska, 
    as well as most of the islands within its historic nesting range, are 
    protected as part of the Alaska Maritime National Wildlife Refuge.
        Even if additional fox-free nesting islands are not colonized by 
    Aleutian Canada geese in the foreseeable future, we believe that the 
    availability of nesting habitat in the Aleutian Islands is not likely 
    to limit future population growth or change in a manner that would lead 
    to a decline in goose abundance. We believe there is considerable 
    unoccupied nesting habitat available for geese on existing nesting 
    islands. Despite the availability of nesting habitat, natural expansion 
    to unoccupied islands east of Buldir is not expected to occur rapidly 
    because of the presence of bald eagles, a predator of Aleutian Canada 
    geese, and the strong tendency for Canada geese to return to natal 
    areas to breed.
        On the wintering grounds, improvements to habitat are ongoing 
    through fee title acquisition of land, establishment of conservation 
    easements, and management of those lands for feeding, loafing and 
    roosting by Aleutian Canada geese. The intent is to provide attractive, 
    high quality habitat for geese on managed lands to reduce crop 
    depredation on neighboring private farms and ranches. Over 8,000 ac of 
    winter and migration habitat are secure (Table 2) and are being used by 
    Aleutian Canada geese. In addition, 33,108 ac of national wildlife 
    refuge land and 67,000 ac of private land protected under perpetual 
    conservation easements within the Grassland Ecological Area are located 
    approximately 40 miles south of the main use area for Aleutian Canada 
    geese and have recently been used by Aleutian Canada geese.
        In addition to migration and wintering habitat already in 
    conservation status, we are working to increase our land holdings of 
    habitat currently used by Aleutian Canada geese in the Modesto, 
    California area. Land acquisition or conservation activities within and 
    near the San Joaquin River National Wildlife Refuge that are underway 
    include:
        (1) Acquisition of 3,100 ac south of Highway 132 and along the San 
    Joaquin River, part of which will be suitable winter range for Aleutian 
    Canada geese;
        (2) Negotiation of a conservation easement with the owner of a 
    1,994-ac
    
    [[Page 42065]]
    
    ranch currently used by Aleutian Canada geese for feeding, loafing and 
    roosting. The landowner is currently working with the Service to manage 
    this land for geese. This ranch is currently included within the 
    authorized boundary of the San Joaquin River National Wildlife Refuge; 
    and
        (3) Negotiation for fee title acquisition of 378 acres and a long-
    term conservation easement on 705 acres on another nearby ranch 
    currently used by Aleutian Canada geese for feeding, loafing and 
    roosting. Agricultural practices used on these parcels favor Aleutian 
    Canada geese although conflicts between the geese and the landowner are 
    intensifying as goose numbers increase. This ranch is also included 
    within the authorized boundary of the San Joaquin River National 
    Wildlife Refuge.
        Activities to acquire or conserve other lands within the wintering 
    and migration range of the Aleutian Canada geese include:
        (1) Negotiation for purchase of the two dairies on which Aleutian 
    Canada geese from the Semidi Islands winter. These dairies are within 
    the authorized boundary of the Nestucca Bay National Wildlife Refuge. 
    The Service has made offers on both pieces of property, but thus far 
    purchase agreements have not been reached; and
        (2) Evaluation by the State of California of acquisition proposals 
    for additions to the Lake Earl Wildlife Area in northwestern California 
    as suitable goose foraging habitat.
        We believe that sufficient breeding, migration, and wintering 
    habitat will remain secure over the long-term to allow for the 
    continued viability of this subspecies.
    
    B. Overutilization for Commercial, Recreational, Scientific, or 
    Educational Purposes
    
        Historically, Aleuts residing in the Aleutian Islands harvested 
    Aleutian Canada geese for food. In addition, market hunters on the 
    wintering grounds, and more recently, sport hunters, harvested Aleutian 
    Canada geese in the Pacific Flyway. After introduced foxes had reduced 
    the breeding range of the Aleutian Canada goose and prior to the 
    identification of the goose's wintering range, sport hunting likely 
    limited population growth. Therefore, establishment of areas closed to 
    hunting was an effective conservation measure and likely was 
    responsible for early increases in goose numbers.
        Delisting of the Aleutian Canada goose will not result in 
    overutilization of the subspecies because take will still be governed 
    by the Migratory Bird Treaty Act and corresponding regulations codified 
    in 50 CFR Part 20. After the Aleutian Canada goose is delisted, we must 
    decide if and when they can be taken for recreational hunting and for 
    other purposes. A regulatory framework already exists for managing 
    migratory waterfowl in the United States (U.S. Fish and Wildlife 
    Service 1988). (See discussion of existing regulatory mechanisms under 
    factor D.)
        Other than sport hunting, no appreciable demand for Aleutian Canada 
    geese for commercial or recreational purposes is anticipated. There may 
    be a small demand for birds for scientific purposes. As with hunting, 
    we will regulate take through the Migratory Bird Treaty Act.
    
    C. Disease or Predation
    
        Because many waterfowl species in the Pacific Flyway are now highly 
    concentrated on the greatly reduced wetland acres of their wintering 
    grounds, they are vulnerable to disease. Disease and other health 
    factors accounted for 28 percent of the mortality of Aleutian Canada 
    geese on wintering and migration areas between 1975 and 1991 (n = 583 
    birds; Springer and Lowe 1998). Avian cholera, a highly infectious 
    disease caused by the bacterium Pasteurella multocida, has been 
    identified as the cause of mortality of most of the Aleutian Canada 
    geese found dead on the wintering grounds near Modesto. From 1983 to 
    1998, the number of Aleutian Canada geese that are known to have died 
    annually from avian cholera has ranged from none to 155. However, an 
    exceptional cold period during December 1998 in California set the 
    stage for an extensive and intense avian cholera outbreak during 
    January 1999. Approximately 809 Aleutian Canada geese died of avian 
    cholera during that month. Additional birds probably died that are not 
    included in the mortality count, as coyotes (Canis latrans) may have 
    removed some of the carcases. Although this outbreak was the worst 
    known for Aleutian Canada geese, it claimed only about 2.5 percent of 
    the total population. Rapid response to the outbreak and effective 
    management of afflicted wetlands minimized the toll on the subspecies.
        Based on these data, we conclude that disease is a chronic, low-
    level problem on the wintering grounds which may occasionally flare up 
    into a severe outbreak. However, effective land management should 
    prevent future outbreaks from having serious consequences at the 
    population level. The Aleutian Canada Goose Recovery Team has prepared 
    and revised a disease and contamination hazard contingency plan that 
    provides information and direction to reduce the incidence and severity 
    of both disease and contamination hazards (Byrd et al. 1996). We 
    implement this plan through an active program of collecting and 
    disposing of dead and diseased waterfowl to reduce exposure of healthy 
    geese.
        Currently, we employ seasonal biologists to monitor Aleutian Canada 
    geese in the Sacramento and San Joaquin Valleys and in the Crescent 
    City area. Much of this effort is focused on the San Joaquin River 
    National Wildlife Refuge and neighboring areas and includes monitoring 
    for disease outbreaks. When a disease outbreak occurs, these employees 
    and other refuge staff begin an intensive effort of carcass retrieval 
    and disposal to break the cycle of cholera infection. Refuge staff also 
    have the ability to manage disease by managing water levels at roost 
    sites and wetland basins to avoid concentrating bacteria in those 
    waters.
        Besides disease, other sources of mortality of Aleutian Canada 
    geese include shooting (49 percent), drowning (see below), collisions 
    and predation (12 percent) and trapping accidents (2 percent) (Springer 
    and Lowe 1998). Collectively, they account for only a small amount of 
    annual mortality. Shooting of Aleutian Canada geese occurred prior to 
    establishment of hunting closures, but declined after closures were 
    established. Occasionally, Aleutian Canada geese are shot outside the 
    closed areas (Springer and Lowe 1998).
        On the breeding grounds, predators still prevent breeding on many 
    islands. As mentioned above, we continue to implement an aggressive 
    program to eradicate introduced foxes from islands within the Alaska 
    Maritime National Wildlife Refuge. However, on islands east of Buldir, 
    predation by bald eagles, in concert with the high degree of site 
    fidelity exhibited by geese, may limit colonization of new nesting 
    islands. Non-native rats, ground squirrels, and voles have also been 
    introduced on a variety of islands within the nesting range of the 
    Aleutian Canada goose and will be difficult, if not impossible, to 
    eradicate. These species may prey on Aleutian Canada goose eggs, 
    hatchlings or goslings if they have the opportunity, although a study 
    completed in the Semidi Islands suggests that ground squirrels were not 
    a predator of goose eggs (Beyersdorf and Pfaff 1995). Predation of 
    goslings in the Semidi Islands by ground squirrels and
    
    [[Page 42066]]
    
    Glaucous-winged gulls (Larus glaucescens) may be a factor limiting 
    production of this breeding segment although it has not been quantified 
    (Beyersdorf and Pfaff 1995).
    
    D. The Inadequacy of Existing Regulatory Mechanisms
    
        If delisted, Aleutian Canada geese will remain protected under the 
    Migratory Bird Treaty Act, which regulates taking of all migratory 
    birds. Once delisted, we will evaluate, with cooperation from the 
    States through the Pacific Flyway Council, and with public comment, 
    whether protections should be relaxed to allow some take through sport 
    hunting and other means, and to manage current and future depredation 
    problems on the wintering grounds and along migration routes. An 
    effective regulatory framework is in place to manage waterfowl (U.S. 
    Fish and Wildlife Service 1988). This annual rulemaking process 
    provides for participation by the States through the Flyway Councils 
    and opportunity for public input. The Pacific Flyway Council, which is 
    composed of wildlife agency directors from each of the western States 
    and Canadian provinces in the Pacific Flyway, including Alaska, will 
    participate in the formulation of any regulations regarding future 
    hunting of Aleutian Canada geese. An Aleutian Canada goose subcommittee 
    of the Pacific Flyway Study Committee (waterfowl experts from the 
    Flyway States) has undertaken the drafting of a management plan for the 
    Aleutian Canada Goose that will ensure that overutilization does not 
    occur (T. Rothe, Alaska Department of Fish and Game, pers. comm.). 
    Continued closure of Canada goose hunting in the wintering area of the 
    Semidi Islands geese will be a part of any regulatory framework that 
    emerges for Aleutian Canada geese.
        Two recent case histories provide good examples of the 
    effectiveness of waterfowl management under the provisions of the 
    Migratory Bird Treaty Act. By the mid-1980s, populations of the 
    Cackling Canada goose and Pacific white-fronted goose (Anser albifrons 
    frontalis) had plummeted to 24,000 birds and 97,000 birds, 
    respectively. As a result of reductions in sport hunting bag limits, 
    establishment of areas closed to hunting on the wintering grounds, and 
    voluntary reductions in take by Alaska Natives on the breeding grounds, 
    the population of Cackling Canada goose has increased to more than 
    200,000 birds and the Pacific white-fronted geese to more than 300,000 
    birds (R. Oates, U.S. Fish and Wildlife Service, pers. comm.). We 
    believe the provisions of the Migratory Bird Treaty Act will allow 
    sufficient protection of the Aleutian Canada goose, including the small 
    group of birds that breeds in the Semidi Islands and winters near 
    Pacific City, Oregon.
    
    E. Other Natural or Manmade Factors Affecting its Continued Existence
    
        Three incidences of drowning of Aleutian Canada geese in ocean surf 
    have occurred in recent years (Springer et al. 1989, Pitkin and Lowe 
    1994): 43 geese near Crescent City, California in 1984; 23 geese near 
    Pacific City, Oregon in 1987; and 10 geese near Pacific City, Oregon in 
    1993. All drowning incidents were related to storms. Because the number 
    of birds in the Semidi Islands breeding segment is small, we are 
    concerned about these drowning incidents, but little can be done to 
    prevent their reoccurrence.
        At their lowest population level, Aleutian Canada geese may have 
    numbered in the low hundreds (see Kenyon 1963) and were distributed on 
    three widely separated remnant nesting islands. Populations that go 
    through small population bottlenecks may exhibit reduced genetic 
    variability and suffer from inbreeding depression. Such populations may 
    not be able to successfully adapt to changes in the environment or to 
    stochastic (random) events. The lack of growth of the Semidi Islands 
    breeding segment of Aleutian Canada geese despite protection on the 
    breeding and wintering grounds led to speculation that this breeding 
    segment was inbred and lacked genetic variability. A recent genetic 
    study showed several potential indicators of a recent genetic 
    bottleneck, including the fact that the Semidi Islands geese have fewer 
    alleles per loci, as well as a lower haplotype and nucleotide diversity 
    when compared to Buldir Island birds, indicating lower overall genetic 
    diversity. However, statistical tests were inconclusive (Pierson et al. 
    1998).
        In summary, we have carefully reviewed all available scientific and 
    commercial data and conclude the threats that caused the population of 
    Aleutian Canada geese to decline no longer pose a risk to the continued 
    survival of the subspecies. A sustained recovery has occurred during 
    the last three decades as a result of removal of foxes from nesting 
    islands in Alaska, closure of wintering and migration areas to hunting, 
    and conservation and management of wintering and migration areas. This 
    recovery indicates that the subspecies as a whole is no longer 
    endangered or likely to become endangered in the foreseeable future 
    throughout a significant portion of its range. Therefore, the species 
    no longer meets the Act's definitions of endangered or threatened. 
    Under these circumstances, removal from the list of threatened and 
    endangered wildlife is appropriate.
    
    Effects of This Rule
    
        Take, as defined in the Act, of the Aleutian Canada goose is 
    currently prohibited. If this proposal is made final, direct protection 
    by the Act will no longer be provided to the subspecies. In addition, 
    Federal agencies will no longer be required to consult with us to 
    insure that the actions they authorize, fund, or carry out are not 
    likely to jeopardize the continued existence of the species. However, 
    the Aleutian Canada goose would still be afforded protection under the 
    Migratory Bird Treaty Act. The Migratory Bird Treaty Act regulates the 
    taking of migratory birds for educational, scientific, and recreational 
    purposes. It also states that the Secretary of the Interior is 
    authorized and directed to determine, if, and by what means, the take 
    of migratory birds should be allowed, and to adopt suitable regulations 
    permitting and governing the take. In adopting regulations, the 
    Secretary is to consider such factors as distribution and abundance to 
    ensure that take is compatible with the protection of the species.
        Delisting of the Aleutian Canada goose under the Endangered Species 
    Act will not affect ongoing negotiations to secure habitat in the 
    migration and wintering grounds (see discussion under factor A). We 
    will continue to acquire or conserve additional lands for Aleutian 
    Canada geese and other migratory waterfowl through fee title 
    acquisition of land or establishment of conservation easements.
    
    Future Conservation Measures
    
        Section 4(g)(1) of the Act requires that we monitor species for at 
    least 5 years after delisting. If evidence acquired during this 
    monitoring period shows that endangered or threatened status should be 
    reinstated to prevent a significant risk to the subspecies, we may use 
    the emergency listing authority provided by the Act. At the end of the 
    5-year monitoring period, we will decide if relisting, continued 
    monitoring, or an end to monitoring activities is appropriate. We 
    propose the following plan for monitoring Aleutian Canada geese in the 
    event they are delisted.
    
    Proposed Monitoring Plan
    
        This monitoring plan is designed to detect changes in the status of 
    the Aleutian Canada goose primarily by: (1)
    
    [[Page 42067]]
    
    Monitoring population size on wintering and migration areas; (2) 
    monitoring productivity of the Semidi Islands population segment on the 
    wintering grounds; and (3) monitoring the status of breeding birds on 
    nesting islands in Alaska.
        (1) Monitoring population size on wintering and migration areas: We 
    propose to monitor the population of Aleutian Canada geese by using 
    either or both the indirect population estimation procedure based on a 
    marked to unmarked ratio of birds on their wintering grounds in the 
    Modesto area, or direct counts of geese as they leave their roosts 
    while staging in northwestern California in spring. Aleutian Canada 
    geese nesting in the Semidi Islands will be most effectively monitored 
    by conducting counts of foraging birds on their wintering grounds near 
    Pacific City, Oregon.
        (2) Monitoring productivity of the Semidi Islands breeding segment 
    on its wintering range: Lack of productivity on Kiliktagik and Anowik 
    Islands appears to be the principal factor in the lack of growth in the 
    Semidi Islands breeding segment. The reasons for this lack of 
    productivity are not understood. Because it is possible to distinguish 
    hatching year birds from older birds on their winter range, we propose 
    to monitor production of the Semidi Islands geese by making direct 
    counts of birds on their winter range in Oregon.
        (3) Monitoring the status of breeding birds on nesting islands in 
    Alaska: The status of Aleutian Canada geese on their nesting islands 
    was last summarized in 1995 (Beyersdorf and Pfaff 1995, Byrd 1995). We 
    propose to determine the status of nesting Aleutian Canada geese on all 
    the known nesting islands (Agattu, Alaid/Nizki, Buldir, Chagulak, 
    Amukta, Kilikitagik, Anowik), and islands on which transplants of geese 
    have occurred but for which the current breeding status is unknown 
    (Little Kiska, Amchitka, Skagul, Yunaska), at least once during the 5-
    year monitoring period.
        We will consider relisting if during, or after, the 5-year 
    monitoring period, it appears that a reversal of the recent recovery 
    has taken place. We have not established any firm thresholds that if 
    reached will trigger relisting, but relisting will be considered if:
        (1) The overall population of Aleutian Canada geese declines by 25 
    percent below the current level, and there is a negative population 
    trend for 2 or more years based on either direct or indirect population 
    estimates of birds in migration and wintering areas; and if
        (2) Through disease or other stochastic (random) events, Aleutian 
    Canada geese decline appreciably and may be extirpated from one or more 
    of their principal nesting islands (Agattu, Alaid/Nizki, or Buldir 
    islands).
        We may determine that monitoring is no longer warranted if studies 
    indicate that the overall population of Aleutian Canada geese is stable 
    at current levels or increasing and that no known factors threaten the 
    subspecies. If the Service has identified one or more factors that are 
    believed to have the potential to cause a decline, monitoring will be 
    continued beyond the 5-year period. Consistent with all other flyway 
    management plans, a Pacific Flyway management plan for Aleutian Canada 
    geese will include a population objective and monitoring activities to 
    assess the effects of management activities.
        We remain committed to monitoring the status of the Semidi Islands 
    geese as long as necessary to ensure the population's health. 
    Consequently, we will continue to monitor this breeding segment beyond 
    the 5-year period on an annual basis on the wintering grounds and 
    occasionally on the breeding grounds.
        In addition to monitoring the status of the Aleutian goose in the 
    United States, we also intend to actively support and participate in 
    the ongoing efforts to restore Aleutian Canada geese in Russia and 
    Japan.
    
    Public Comments Requested
    
        We request comments on three aspects of this proposed rulemaking: 
    (1) the proposed removal of the Aleutian Canada goose from the List of 
    Endangered and Threatened Wildlife; (2) the clarity of this proposal, 
    pursuant to Executive Order 12866, which requires agencies to write 
    clear regulations; and (3) the collection of information from the 
    public during the 5-year monitoring period.
    
    Proposed Delisting
    
        We intend that any final action resulting from this proposal be as 
    accurate as possible. Therefore, we request information and comments 
    concerning the status of the Aleutian Canada goose and this proposal. 
    We request information and comments from all affected Federal, State 
    and local government agencies, the scientific community, industry, 
    private interests, and all other interested parties. In particular, 
    comments are sought concerning:
        (1) Biological or other relevant data concerning the range, 
    distribution, numbers and threats to Aleutian Canada geese; and
        (2) Suggestions on the 5-year monitoring plan outlined above.
        In developing the final rule for the Aleutian Canada goose, we will 
    take into consideration any information and comments received. 
    Therefore, the final rule may differ from this proposal.
        The Endangered Species Act allows for public hearings on this 
    proposal, if requested. We must receive requests within 45 days of the 
    date of publication of the proposal in the Federal Register. Such 
    requests must be made in writing, and should be addressed to Ann 
    Rappoport (see address above).
    
    Executive Order 12866
    
        Executive Order 12866 requires agencies to write regulations that 
    are easy to understand. We invite your comments on how to make this 
    proposal easier to understand including answers to questions such as 
    the following:
        (1) Is the discussion in the ``Supplementary Information'' section 
    of the preamble helpful in understanding the proposal?
        (2) Does the proposal contain technical language or jargon that 
    interferes with its clarity?
        (3) Does the format of the proposal (grouping and order of 
    sections, use of headings, paragraphing, etc.) aid or reduce its 
    clarity? What else could we do to make the proposal easier to 
    understand?
        Send a copy of any comments that concern how we could make this 
    rule easier to understand to the office identified in the ADDRESSES 
    section at the beginning of this document.
    
    Paperwork Reduction Act
    
        Office of Management and Budget (OMB) regulations at 5 CFR 1320, 
    which implement provisions of the Paperwork Reduction Act, require that 
    Federal agencies obtain approval from OMB before collecting information 
    from the public. The OMB regulations at 5 CFR 1320.3(c) define a 
    collection of information as the obtaining of information by or for an 
    agency by means of identical questions posed to, or identical 
    reporting, record keeping, or disclosure requirements imposed on ten or 
    more persons. Furthermore, 5 CFR 1320.3(c)(4) specifies that ``ten or 
    more persons'' refers to the persons to whom a collection of 
    information is addressed by the agency within any 12-month period. For 
    purposes of this definition, employees of the Federal government are 
    not included.
        This rule does not include any collections of information that 
    require approval by OMB under the Paperwork Reduction Act. The 
    information needed to monitor the status of the Aleutian
    
    [[Page 42068]]
    
    Canada goose following delisting will be collected primarily by our 
    personnel. We do not anticipate a need to request data or other 
    information from ten or more persons during any 12-month period to 
    satisfy monitoring information needs. If it becomes necessary to 
    collect information from 10 or more non-Federal individuals, groups, or 
    organizations per year, we will first obtain information collection 
    approval from OMB.
    
    National Environmental Policy Act
    
        We have determined that we do not need to prepare an Environmental 
    Assessment, as defined under the authority of the National 
    Environmental Policy Act of 1969, in connection with regulations 
    adopted pursuant to section 4(a) of the Act. We published a notice 
    outlining our reasons for this determination in the Federal Register on 
    October 25, 1983 (48 FR 49244).
    
    Listing Priority Guidance
    
        The processing of this proposed rule conforms with our Listing 
    Priority Guidance for Fiscal Years 1998 and 1999, published on May 8, 
    1998. This guidance clarifies the order in which we will process 
    rulemakings, giving the highest priority (Tier 1) to processing 
    emergency rules to add species to the Lists of Endangered and 
    Threatened Wildlife and Plants; 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 delisting proposal is 
    a Tier 2 action.
    
    References Cited
    
        A complete list of all references cited herein is available upon 
    request from Ann Rappoport (see address above).
        Author. The primary author of this proposal is Anthony DeGange (see 
    address above).
    
    List of Subjects in 50 CFR Part 17
    
        Endangered and threatened species, Exports, Imports, Reporting and 
    recordkeeping requirements, Transportation.
    
    Proposed Regulations Promulgation
    
        Accordingly, we hereby propose to amend part 17, subchapter 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.
    
    Sec. 17.11  [AMENDED]
    
        2. Section 17.11(h) is amended by removing the entry for the 
    ``Goose, Aleutian Canada, Branta canadensis leucopareia'' under 
    ``Birds.''
    
        Dated: July 8, 1999.
    John G. Rogers, Jr.,
    Acting Director, Fish and Wildlife Service.
    [FR Doc. 99-19900 Filed 7-30-99; 8:45 am]
    BILLING CODE 4310-55-P
    
    
    

Document Information

Published:
08/03/1999
Department:
Fish and Wildlife Service
Entry Type:
Proposed Rule
Action:
Proposed rule.
Document Number:
99-19900
Dates:
Comments from all interested parties must be received by November 1, 1999. Requests for a public hearing must be received by September 17, 1999.
Pages:
42058-42068 (11 pages)
RINs:
1018-AF42: Endangered and Threatened Wildlife and Plants; Aleutian Canada Goose
RIN Links:
https://www.federalregister.gov/regulations/1018-AF42/endangered-and-threatened-wildlife-and-plants-aleutian-canada-goose
PDF File:
99-19900.pdf
CFR: (1)
50 CFR 17.11