[Federal Register Volume 63, Number 211 (Monday, November 2, 1998)]
[Proposed Rules]
[Pages 58692-58701]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-29174]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AE91


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

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: Under the authority of the Endangered Species Act (Act) of 
1973, as amended, the U.S. Fish and Wildlife Service (Service) proposes 
to extend endangered status for the short-tailed albatross (Phoebastria 
albatrus) to include the species' range within the United States. As a 
result of an administrative error in the original listing, the short-
tailed albatross is currently listed as endangered throughout its range 
except in the U.S. Short-tailed albatrosses range throughout the North 
Pacific Ocean and north into the Bering Sea during the non-breeding 
season, and breeding colonies were historically present on islands in 
Taiwan. Originally numbering in the millions, the worldwide population 
of breeding age birds is currently approximately 500 individuals and 
the worldwide total population is less than 1000 individuals. There are 
no breeding populations of short-tailed albatrosses in the U.S., but 
several individuals have been regularly observed during the breeding 
season on Midway Atoll in the Northwestern Hawaiian Islands. Current 
threats to the species include destruction of habitat by volcanic 
eruption or mud or land slides caused by monsoon rains, and demographic 
or genetic vulnerability due to low population size and limited 
breeding distribution. Longline fisheries, plastics ingestion, 
contaminants, and airplane strikes may also be factors affecting the 
species' conservation. This proposal, if made final, would implement 
the Federal protection and recovery provisions provided by the Act for 
individuals when they occur in the U.S.

DATES: Comments from all interested parties must be received by March 
2, 1999. Public hearing requests must be received by December 17, 1998.

ADDRESSES: Comments and materials concerning this proposal should be 
sent to the Field Supervisor, Anchorage Field Office, U.S. Fish and 
Wildlife Service, 605 West 4th Avenue, Room G-62, Anchorage, AK 99501 
(telephone 907/271-2787). Comments and materials received will be 
available for public inspection, by appointment, during normal business 
hours at the above address.

FOR FURTHER INFORMATION CONTACT: Greg Balogh, Endangered Species 
Biologist (telephone 907/271-2778).

SUPPLEMENTARY INFORMATION:

Background

Taxonomy

    George Steller made the first record of the short-tailed albatross 
in the 1740s. The type specimen for the species was collected offshore 
of Kamchatka, Russia, and was described in 1769 by P.S. Pallas in 
Spicilegia Zoologica (AOU 1983). In the order of tube-nosed marine 
birds, Procellariiformes, the short-tailed albatross is classified 
within the family Diomedeidae. Until recently, it had been assigned to 
the genus Diomedea. Following the results of genetic studies by Nunn et 
al. (1996), the family Diomedeidae was arranged in four

[[Page 58693]]

genera. The genus Phoebastria, North Pacific albatrosses, now includes 
the short-tailed albatross, the Laysan albatross (P. immutabilis), the 
black-footed albatross (P. nigripes), and the waved albatross (P. 
irrorata)(AOU 1997).

Description

    The short-tailed albatross is a large pelagic bird with long narrow 
wings adapted for soaring just above the water surface. The bill is 
disproportionately large compared to other northern hemisphere 
albatrosses and is pink and hooked with a bluish tip, has external 
tubular nostrils, and a thin but conspicuous black line extending 
around the base. Adult short-tailed albatrosses are the only North 
Pacific albatross with an entirely white back. The white head develops 
a yellow-gold crown and nape over several years. Fledged juveniles are 
dark brown-black, but soon obtain pale bills and legs that distinguish 
them from black-footed and Laysan albatrosses (Tuck 1978, Roberson 
1980).

Historical Distribution

    The short-tailed albatross once ranged throughout most of the North 
Pacific Ocean and Bering Sea, with known nesting colonies on the 
following islands: Torishima in the Seven Islands of Izu Group in 
Japan; Mukojima, Nishinoshima, Yomeshima, and Kitanoshima in the Bonin 
Islands of Japan; Kita-daitojima, Minami-daitojima, and Okino-daitojima 
of the Daito group of Japan; Senkaku Retto of southern Ryukyu Islands 
of Japan, including Minami-kojima, Kobisho and Uotsurijima; Iwo Jima in 
the western Volcanic Islands (Kazan-Retto) of Japan; Agincourt Island, 
Taiwan; and Pescadore Islands, of Taiwan, including Byosho Island 
(Hasegawa 1979, King 1981). Other undocumented nesting colonies may 
have existed. For example, recent observations together with records 
from the 1930s, suggest that short-tailed albatross may have once 
nested on Midway Atoll, USA. No confirmed historical breeding accounts 
are available for this area, however.
    Early naturalists, such as Turner and Chamisso, believed that 
short-tailed albatrosses bred in the Aleutian Islands because high 
numbers of birds were seen nearshore during the summer and fall months 
(Yesner 1976). Alaska Aleut lore referred to local breeding birds and 
explorer O. Von Kotzebue reported that Natives harvested short-tailed 
albatross eggs. However, while adult bones were found in Aleut middens, 
fledgling remains were not recorded in over 400 samples (Yesner 1976). 
Yesner (1976) believed that short-tailed albatrosses did not breed in 
the Aleutians but were harvested offshore during the summer, non-
breeding season. Given the midwinter constraints on breeding at high 
latitudes and the known southerly location of winter breeding, it is 
highly unlikely that these birds ever bred in Alaska (Sherburne 1993).
    Additional historical information on the species' range away from 
known breeding areas is scant. Evidence from archeological studies in 
middens suggests that hunters in kayaks had access to an abundant 
nearshore supply of short-tailed albatrosses from California north to 
St. Lawrence Island as early as 4000 years ago (Howard and Dodson 1933, 
Yesner and Aigner 1976, Murie 1959). In the 1880s and 1890s, short-
tailed albatross abundance and distribution during the non-breeding 
season was generalized by statements such as ``more or less numerous'' 
in the vicinity of the Aleutian Islands (Yesner 1976). They were 
reported as highly abundant around Cape Newenham, in western Alaska, 
and Ventaiminov regarded them as abundant near the Pribilof Islands 
(DeGange 1981). In 1904, they were considered ``tolerably common on 
both coasts of Vancouver Island, but more abundant on the west coast'' 
(Kermode in Campbell et al., 1990).

Historical Population Status

    At the beginning of the 20th century, the species declined in 
population numbers to near extinction, primarily as a result of hunting 
at the breeding colonies in Japan. Albatross were killed for their 
feathers and various other body parts. The feather down was used for 
quilts and pillows, and wing and tail feathers were used for writing 
quills; their bodies were processed into fertilizer and rendered into 
fat, and their eggs were collected for food (Austin 1949). Hattori (in 
Austin 1949) commented that short-tailed albatrosses were ``...killed 
by striking them on the head with a club, and it is not difficult for a 
man to kill between 100 and 200 birds daily.'' He also noted that the 
birds were, ``very rich in fat, each bird yielding over a pint.''
    Pre-exploitation worldwide population estimates of short-tailed 
albatrosses are not known; the total number of birds harvested may 
provide the best estimate, since the harvest drove the species nearly 
to extinction. Between approximately 1885 and 1903, an estimated 5 
million short-tailed albatrosses were harvested from the breeding 
colony on Torishima (Yamashina in Austin 1949), and harvest continued 
until the early 1930s, except for a few years following the 1903 
volcanic eruption. One of the residents on the island (a schoolteacher) 
reported 3,000 albatrosses killed in December 1932 and January 1933. 
Yamashina (in Austin) stated that ``This last great slaughter was 
undoubtedly perpetrated by the inhabitants in anticipation of the 
island's soon becoming a bird sanctuary.'' By 1949, there were no 
short-tailed albatrosses breeding at any of the historically known 
breeding sites, including Torishima, and the species was thought to be 
extinct (Austin 1949).
    The species persisted, however, and in 1950, the chief of the 
weather station at Torishima, Mr. M. Yamamoto, reported nesting of the 
short-tailed albatross (Tickell 1973, 1975). By 1954 there were 25 
birds and at least 6 pairs (Ono 1955). These were presumably juvenile 
birds that had been wandering the North Pacific during the final 
several years of slaughter. Since then, as a result of habitat 
management projects, stringent protection, and the absence of any 
significant volcanic eruption events, the population has gradually 
increased. The average growth of the Torishima, Tsubamesaki colony, 
between 1950 and 1977 was 2.5 adults per year; between 1978 and 1991 
the average population increase was 11 adults per year. An average 
annual population growth as high as 6 percent per year (Hasegawa 1982, 
Cochrane and Starfield in prep.) has resulted in a continuing increase 
in the breeding population to an estimated 388 breeding birds on 
Torishima in 1998 (H. Hasegawa, Toho University, Chiba, Japan pers. 
comm.). Torishima is under Japanese government ownership and management 
and is managed for the conservation of wildlife. There is no evidence 
that the breeding population on Torishima is nest site limited at this 
point; therefore, ongoing management efforts focus on maintaining high 
rates of breeding success.
    Two primary activities have been undertaken to enhance breeding 
success on Torishima. First, erosion control efforts at the Tsubamesaki 
colony have improved nesting success. Second, an attempt to establish a 
second breeding colony on Torishima involved an experimental program 
for luring breeding birds to the opposite side of the island from the 
Tsubamesaki colony. Preliminary results of the experiment are 
promising; the first chick was produced in 1997. The expectation is 
that absent a volcanic eruption or some other catastrophic event, the 
population on Torishima will continue to grow, but that it will be many 
years before the breeding sites are limited (Hasegawa 1997).

[[Page 58694]]

    In 1971, 12 adult short-tailed albatrosses were discovered on 
Minami-kojima in the Senkaku Islands, one of the former breeding colony 
sites (Hasegawa 1984). Aerial surveys in 1979 and 1980 resulted in 
observations of between 16 and 35 adults. In April 1988, the first 
confirmed chicks on Minami-kojima were observed, and in March 1991, 10 
chicks were observed. In 1991, the estimate for the population on 
Minami-kojima was 75 birds and 15 breeding pairs (Hasegawa 1991). There 
is no information available on historical numbers at this breeding 
site.
    Short-tailed albatrosses have been observed on Midway Atoll since 
the early 1930s (Berger 1972, Hadden 1941, Fisher in Tickell 1973, 
Robbins in Hasegawa and DeGange 1982). There is one unconfirmed report 
of a short-tailed albatross breeding on Midway Atoll in the 1960s (H. 
Hasegawa pers. comm., in a letter from Dr. Harvey Fischer), but no 
subsequent reports of successful breeding exist. In the years following 
the reported observation, tens of thousands of albatrosses were 
exterminated from Midway Atoll to construct an aircraft runway, and to 
provide safe conditions for aircraft landings and departures. It is 
possible that short-tailed albatrosses nesting on the island were 
killed during this process (E. Flint, U.S. Fish and Wildlife Service, 
Honolulu pers. comm.). Since the mid 1970s, short-tailed albatrosses 
have been observed during the breeding season on Midway Atoll. In March 
1994, a courtship dance was observed between two short-tailed 
albatrosses (Richardson 1994), and at least one has occupied a nest 
site and laid an egg which did not hatch (K. Niethammer, U.S. Fish and 
Wildlife Service, Midway Atoll pers. comm.). Midway Atoll is currently 
managed by the U.S. Government as a National Wildlife Refuge.
    Observations of individuals have also been made during the breeding 
season on Laysan Island, Green Island at Kure Atoll, and French Frigate 
Shoals, but there is no indication that these occurrences represent 
established breeding populations (Sekora 1977, Fefer 1989).
    The dramatic decline during the turn of the century and recent 
increases in numbers of short-tailed albatrosses were reflected in 
observations from the non-breeding season. Between the 1950s and 1970, 
there were few records of the species away from the breeding grounds 
according to the AOU Handbook of North American Birds (Vol. 1, 1962) 
and the Red Data Book (Vol.2, Aves, International Union for the 
Conservation of Nature, Morges, Switzerland, 1966) (Tramontano 1970). 
There were 12 reported marine sightings in the 1970s and 55 sightings 
in the 1980s; over 250 sightings have been reported in the 1990s to 
date (Sanger 1972, Hasegawa and DeGange 1982, USFWS unpublished 
database). This observed increase in opportunistic sightings should be 
interpreted cautiously, however, because of the potential temporal, 
spatial, and numerical biases introduced by opportunistic shipboard 
observations. Observation effort, total number of vessels present, and 
location of vessels may have affected the number of observations 
independent of an increase in total numbers of birds present. Moreover, 
it is likely the reporting rate of observations has increased with 
implementation of outreach efforts by Federal agencies and fishing 
interest groups in the last few years.
    At-sea sightings since the 1940s indicate that the short-tailed 
albatross, while very few in number today, is distributed widely 
throughout its historical foraging range of the temperate and subarctic 
North Pacific Ocean (Sanger 1972; USFWS unpublished data), and is found 
close to the U.S. coast. From December through April, distribution is 
concentrated near the breeding colonies in the Izu and Bonin Islands 
(McDermond and Morgan 1993), although foraging trips may extend 
hundreds of miles or more from the colony sites, if short-tailed 
albatross behavior is similar to black-footed and Laysan albatrosses. 
Recent satellite tracking of black-footed and Laysan albatrosses 
revealed that individuals of those species travel hundreds of miles 
from the breeding colonies during the breeding season (David Anderson, 
Wake Forest University, pers. comm.).
    In summer (i.e., non-breeding season), individuals appear to 
disperse widely throughout the historical range of the temperate and 
subarctic North Pacific Ocean (Sanger 1972), with observations 
concentrated in the northern Gulf of Alaska, Aleutian Islands, and 
Bering Sea (McDermond and Morgan 1993, Sherburne 1993, USFWS 
unpublished data). Individuals have been recorded along the west coast 
of North America as far south as the Baja Peninsula, Mexico (Palmer 
1962).

Current Population

    A worldwide population total may be coarsely estimated by combining 
information from a variety of sources. Estimates of total numbers of 
breeding age adults and immature birds are obtained using a variety of 
different data and methods. The total estimates are rounded to the 
nearest hundred birds, reflecting the lack of precision in some of the 
data.
    Breeding age population estimates come primarily from egg counts 
and breeding bird observations. There were 388 breeding adults present 
on Torishima in 1998, assuming 2 adults are present for each of the 194 
eggs counted. The most recent population count on Minami-kojima 
revealed 30 breeding adults present in 1991. A conservative estimate 
for observed breeding birds is therefore 400. It has been noted that an 
average of approximately 25 percent of breeding adults may not return 
to breed each year, and this rate may vary between years as much as an 
additional 25 percent (Cochrane and Starfield in prep.). It is 
reasonable, therefore, to estimate that approximately 100 additional 
breeding age birds may not be observed on the breeding grounds. The 
total estimate of breeding age birds is therefore 500.
    Estimates of immature birds are more difficult to calculate because 
these individuals are rarely seen between fledging and breeding at 
approximately 6 years of age. Two different methods were used to 
estimate the number of immature birds in the population: (1) using 
observational data of chicks fledged, and (2) using modeling 
information. Both methods yielded similar results. H. Hasegawa (pers. 
comm.) reports that 509 chicks were fledged from the Tsubamesaki colony 
on Torishima between 1992 and 1997. The only information on number of 
chicks from Minami-kojima is that 10 chicks were counted by H. Hasegawa 
(pers. comm.) in 1991. Over the past 6 years, therefore, assuming a 
stable population, an estimated minimum of 60 chicks may have fledged 
from Minami-kojima. Based on an average juvenile survival rate of 96 
percent (H. Hasegawa pers. comm., Cochrane and Starfield in prep.), 
this technique yields an estimate of approximately 500 immature 
individuals in the population. Alternatively, modeling information 
indicates that immature birds comprise approximately 47 percent of the 
total population. Breeding age birds are estimated at 500; therefore, 
using this method immature birds also number approximately 500.
    The total population of short-tailed albatross is likely to number 
somewhere around 1,000 birds. No numerical estimates of uncertainty are 
available for this estimate.

Demographic Information

    Short-tailed albatrosses are long-lived and slow to mature; the 
average age at first breeding is 6 years old (H.

[[Page 58695]]

Hasegawa pers. comm.). As many as 25 percent of breeding age adults may 
not return to the colony in a given year (H. Hasegawa pers. comm.; 
Cochrane and Starfield in prep.) Females lay a single egg each year, 
which is not replaced if destroyed (Austin 1949). Adult and juvenile 
survival rates are high (96 percent), and an average of 0.24 chicks per 
adult bird on the colony survives to six months of age (Cochrane and 
Starfield in prep.), but these rates can be severely reduced in years 
when catastrophic volcanic or weather events occur during the breeding 
season.

Breeding Biology

    At Torishima, birds arrive at the breeding colony in October and 
begin nest building. Egg-laying begins in late October and continues 
through late November. The female lays a single egg, incubation 
involves both parents and lasts for 64-65 days, eggs hatch in late 
December and January, and by late May or early June, the chicks are 
almost full grown and the adults begin abandoning their nests (H. 
Hasegawa pers. comm.; Hasegawa and DeGange 1982). The chicks fledge 
soon after the adults leave the colony, and by mid-July, the colony is 
totally deserted (Austin 1949). Non-breeders and failed breeders 
disperse from the breeding colony in late winter through spring 
(Hasegawa and DeGange 1982). There is no detailed information on 
phenology (breeding activities) on Minami-kojima, but it is likely to 
be similar to that on Torishima.
    Short-tailed albatrosses are monogamous and highly philopatric to 
nesting areas, returning to the same breeding site year after year. 
Chicks hatched at Torishima return there to breed. However, young birds 
may occasionally disperse from their natal colonies to breed, as 
evidenced by the appearance of adult birds on Midway Atoll that were 
banded as chicks on Torishima (H. Hasegawa pers. comm., Richardson 
1994).

Breeding Habitat

    Available evidence from historical accounts, and from current 
breeding sites, indicates that short-tailed albatross nesting occurs on 
flat or sloped sites, with sparse or full vegetation, on isolated 
windswept offshore islands, with restricted human access (Aronoff 1960, 
Sherburne 1993, DeGange 1981). Current nesting habitat on Torishima is 
steep sites on soils containing loose volcanic ash; the island is 
dominated by a grass, Miscanthus sinensis var. condensatus, but a 
composite, Chrysanthemum pacificum, and a nettle, Boehmeria biloba, are 
also present (Hasegawa 1977). The grass is likely to stabilize the 
soil, provide protection from weather, and minimize mutual interference 
between nesting pairs while allowing for safe, open take-offs and 
landings (Hasegawa 1978). The nest is a grass or moss-lined concave 
scoop about 0.75 meters (m) (2 feet (ft.)) in diameter (Tickell 1975).

Marine Habitat

    The common synonym of ``coastal albatross'' reflects the short-
tailed albatross's predilection for nearshore waters. The Service's 
short-tailed albatross at-sea sightings database contains many 
observations of short-tailed albatrosses within 6 miles of shore, and 
several observation of birds within 3 miles of shore (Julie Michaelson, 
Alaska Natural Heritage Program, Anchorage, pers. comm.). Their 
presence may coincide with areas of high biological productivity, such 
as along the west coast of North America, the Bering Sea, and offshore 
from the Aleutians (Hasegawa and DeGange 1982).
    The North Pacific marine environment of the short-tailed albatross 
is characterized by coastal regions of upwelling and high productivity 
and expansive, deep water beyond the continental shelf. The region has 
a clockwise, oceanic current flow with counter clockwise currents in 
the Gulf of Alaska and the Bering Sea (Sherburne 1993).

Diet

    The diet of short tailed albatrosses includes squid, fish, flying 
fish eggs, shrimp and other crustaceans (Hattori in Austin 1949, H. 
Hasegawa pers. comm.). There is currently no information on variation 
of diet by season, habitat, or environmental condition.

Legal Status

    The short-tailed albatross is listed as endangered on the State of 
Alaska's list of endangered species (State of Alaska, Alaska Statutes, 
Article 4. Sec. 16.20.19). This classification was supported by a 
letter to Commissioner Noerenberg from J.C. Bartonek (1972, in litt.) 
in which he recommended endangered status because the short-tailed 
albatross occurs or ``was likely'' to occur in State waters within the 
3-mile limit of State jurisdiction (Sherburne 1993). The short-tailed 
albatross does not appear on the State list of Hawaii's list of 
threatened and endangered species.
    The Japanese government designated the short-tailed albatross as a 
protected species in 1958, as a Special National Monument in 1962 
(Hasegawa and DeGange 1982), and as a Special Bird for Protection in 
1972 (King 1981). Torishima was declared a National Monument in 1965 
(King 1981). These designations have resulted in tight restrictions on 
human activities and disturbance on Torishima (H. Hasegawa pers. 
comm.). In 1992, the species was classified as ``endangered'' under the 
newly implemented ``Species Preservation Act'' in Japan which makes 
federal funds available for conservation programs and requires that a 
10-year plan be in place which sets forth conservation goals for the 
species. The current Japanese ``Short-tailed Albatross Conservation and 
Management Master Plan'' outlines general goals for continuing 
management and monitoring of the species, and future conservation needs 
(Environment Agency 1996). The principal management practices used on 
Torishima are legal protection, habitat enhancement, and population 
monitoring. Since 1976, Dr. Hiroshi Hasegawa has systematically 
monitored the breeding success and population numbers of short-tailed 
albatrosses breeding on Torishima.

Previous Federal Action

    Currently, the short-tailed albatross is listed as endangered under 
the Act, throughout its range, except in the U.S. (50 CFR 17.11), and 
is a Candidate species in the U.S. (September 19, 1997, Candidate 
Notice of Review, 62 FR 49398). The species was originally listed as 
endangered in accordance with the Endangered Species Conservation Act 
of 1969 (ESCA). Pursuant to the ESCA, two separate lists of endangered 
wildlife were maintained, one for foreign species and one for species 
native to the United States. The short-tailed albatross appeared only 
on the List of Endangered Foreign Wildlife (35 FR 8495; June 2, 1970). 
When the Act became effective on December 28, 1973, it superseded the 
ESCA. The native and foreign lists were combined to create one list of 
endangered and threatened species (39 FR 1171; January 4, 1974). When 
the lists were combined, prior notice of the action was not given to 
the governors of the affected States (Alaska, California, Hawaii, 
Oregon and Washington), as required by the Act because available data 
were interpreted as not supporting resident status for the short-tailed 
albatross. Thus native individuals of this species were never formally 
proposed for listing pursuant to the criteria and procedures of the 
Act.
    On July 25, 1979, the Service published a notice (44 FR 43705) 
stating that, through an oversight in the listing of the short-tailed 
albatross and six other endangered species, individuals occurring in 
the United States were not

[[Page 58696]]

protected by the Act. The notice stated that it was always the intent 
of the Service that all populations and individuals of the seven 
species should be listed as endangered wherever they occurred. 
Therefore, the notice stated that the Service intended to take action 
to propose endangered status for individuals occurring in the U.S.
    On July 25, 1980, the Service published a proposed rule (45 FR 
49844; July 25, 1980), to list, in the United States, the short-tailed 
albatross and four of the other species referred to above. Since no 
final action was taken on the July 25, 1980 proposal, the Service is 
issuing this updated proposal. In 1996, the Service designated the 
species as a Candidate for listing in the U.S. (U.S. Fish and Wildlife 
Service in litt.).

Summary of Factors Affecting the Species

    Section 4 of the Act and regulations (50 CFR part 424) promulgated 
to implement the listing provisions of the Act set forth the procedures 
for adding species to the Federal lists. A species may be determined to 
be an endangered or threatened species due to one or more of the five 
factors described in section 4(a)(1). These factors and their 
application to the short-tailed albatross are as follows:
    A. The present or threatened destruction, modification, or 
curtailment of its habitat or range. Short-tailed albatrosses face a 
significant threat to the primary breeding colony on Torishima due to 
the potential of habitat destruction from volcanic eruptions on the 
island. The threat is not predictable in time or in magnitude. 
Eruptions could be catastrophic or minor, and could occur at any time 
of year. A catastrophic eruption during the breeding season could 
result in chick or adult mortalities as well as destruction of nesting 
habitat. Significant loss of currently occupied breeding habitat or 
breeding adults at Torishima would delay the recovery of the species or 
jeopardize its continued existence.
    Torishima is an active volcano approximately 394 m (1,300 ft) high 
and 2.6 kilometers (km) (1.6 miles) wide (H. Hasegawa pers. comm.) 
located at 30.48 deg. N and 140.32 deg. E (Simkin and Siebert 1994). 
The earliest record of a volcanic eruption at Torishima is a report of 
a submarine eruption in 1871 (Simkin and Siebert 1994), but there is no 
information on the magnitude or effects of this eruption. Since the 
first recorded human occupation on the island in 1887, there have been 
four formally recorded eruption events: (1) On August 7, 1902, an 
explosive eruption in the central and flank vents which resulted in 
lava flow, and a submarine eruption, and caused 125 human mortalities; 
(2) On August 17, 1939, an explosive eruption in the central vent which 
resulted in lava flow, and caused two human mortalities; (3) On 
November 13, 1965, a submarine eruption and; (4) On October 2, 1975, a 
submarine eruption 9 km (5.4 mi) south of Torishima (Simkin and Siebert 
1994). There is also reference in the literature to an additional 
eruption in 1940 which resulted in lava flow that filled the island's 
only anchorage (Austin 1949).
    Austin (1949) visited the waters around Torishima in 1949 and made 
the following observations ``The only part of Torishima not affected by 
the recent volcanic activity is the steep northwest slopes where the 
low buildings occupied by the weather station staff are huddled. 
Elsewhere, except on the forbidding vertical cliffs, the entire surface 
of the island is now covered with stark, lifeless, black-gray lava. 
Where the flow thins out on the northwest slopes, a few dead, white 
sticks are mute remnants of the brush growth that formerly covered the 
island. Also on these slopes some sparse grassy vegetation is visible, 
but there is no sign of those thick reeds, or ``makusa'' which formerly 
sheltered the albatross colonies. The main crater is still smoking and 
fumes issue from cracks and fissures all over the summit of the 
island.''
    In 1965, meteorological staff stationed on the island were 
evacuated on an emergency basis due to a high level of seismic 
activity; although no eruption followed, the island has since been 
considered too dangerous for permanent human occupation (Tickell 1973). 
In late 1997, Hiroshi Hasegawa observed more steam from the volcano 
crater, a more pronounced bulge in the center of the crater, and more 
sulphur crusts around the crater than were previously present (R. 
Steiner, Alaska Sea Grant Program, pers. comm.).
    The eruptions in 1902 and 1939 destroyed much of the original 
breeding colony sites. The remaining site used by albatrosses is on a 
sparsely vegetated steep slope of loose volcanic soil. The monsoon 
rains that occur on the island result in frequent mud slides and 
erosion of these soils, which can result in habitat loss and chick 
mortality. A typhoon in 1995 occurred just before the breeding season 
and destroyed most of the vegetation at the Tsubamezaki colony. Without 
the protection provided by vegetation, eggs and chicks are at greater 
risk of mortality from monsoon rains, sand storms and wind (H. Hasegawa 
pers. comm.). Breeding success at Tsubamezaki is lower in years when 
there are significant typhoons resulting in mud slides (H. Hasegawa 
pers. comm.).
    In 1981, a project was supported by the Environment Agency of Japan 
and the Tokyo Metropolitan Government to improve nesting habitat by 
transplanting grass and stabilizing the loose volcanic soils (Hasegawa 
1991). Breeding success at the Tsubamezaki colony has increased 
following habitat enhancement (H. Hasegawa pers. comm.). Current 
population enhancement efforts in Japan are concentrated on attracting 
breeding birds to an alternate, well vegetated colony site on Torishima 
which is less likely to be impacted by lava flow, mud slides, or 
erosion than the Tsubamezaki colony site (H. Hasegawa pers. comm.). 
Japan's ``Short-tailed Albatross Conservation and Management Master 
Plan'' (Environment Agency 1996) sets forth a long-term goal of 
examining the possibility of establishing additional breeding grounds 
away from Torishima once there are at least 1,000 birds on Torishima. 
Until other safe breeding sites are established, however, short-tailed 
albatross survival will continue to be at risk due to the possibility 
of significant habitat loss and mortality from unpredictable natural 
catastrophic volcanic eruptions and land or mud slides caused by 
monsoon rains.
    B. Over utilization for commercial, recreational, scientific, or 
educational purposes. As previously mentioned, direct harvest of short-
tailed albatrosses caused a catastrophic decline in population numbers 
(refer to Background); but today direct harvest of short-tailed 
albatrosses is considered rare. H. Hasegawa (pers. comm.) reports that 
some local Japanese fishermen in Izu and Ryukyuu Islands hunt seabirds 
and may take some short-tailed albatrosses, but the likelihood that 
short-tailed albatrosses are taken, or the level of such take is not 
known. There is no other known direct take of short-tailed albatrosses 
for commercial, recreational, scientific or educational purposes.
    C. Disease or predation. There are no known diseases affecting 
short-tailed albatrosses on Torishima or Minami-kojima today. However, 
the world population is vulnerable to the effects of disease because of 
the small population size and extremely limited number of breeding 
sites. H. Hasegawa (pers. comm.) reports that he has observed a wing-
disabled bird every few years on Torishima, but the cause of the 
disability is not known. An avian pox has been observed in chicks of 
albatross

[[Page 58697]]

species on Midway Island, but it is unknown whether this pox infects 
short-tailed albatrosses or if it may have an effect on survivorship of 
any albatross species (T. Work, D.V.M., USGS, Hawaii).
    Several parasites were documented historically on short-tailed 
albatrosses on Torishima: a blood-sucking tick that attacks its host's 
feet, a feather louse, and a carnivorous beetle (Austin 1949). However, 
current evidence suggests that there are no parasites affecting short-
tailed albatrosses on Torishima, and there is no evidence that 
parasites caused mortality or had population level impacts in the past 
(H. Hasegawa pers. comm.).
    Sharks may take fledgling short-tailed albatrosses as they desert 
the colony and take to the surrounding waters (Harrison 1979). Shark 
predation is well documented among other albatross species, but has not 
been documented for the short-tailed albatross. The crow, Corvus sp., 
is the only historically known avian predator of chicks on Torishima. 
Hattori (in Austin 1949) reported that one-third of the chicks on 
Torishima were killed by crows, but crows are not present on the island 
today (H. Hasegawa pers. comm.). Black or ship rats were introduced to 
Torishima at some point during human occupation; their effect on short-
tailed albatrosses is unknown. Cats were also present, most likely 
introduced during the feather hunting period. They have caused damage 
to other seabirds on the island (Ono 1955), but there is no evidence to 
indicate an adverse effect to short-tailed albatrosses. Cats were 
present on Torishima in 1973 (Tickell 1975), but Hasegawa (1982) did 
not find any evidence of cats on the island.
    D. The inadequacy of existing regulatory mechanisms. The purpose of 
this proposed rulemaking is to extend the protective status afforded by 
the Act to the short-tailed albatross throughout its range. The short-
tailed albatross is currently listed under the Act as endangered 
outside of the U.S., or outside of the 200-mile limit from shore. The 
Service and the National Marine Fisheries Service have consulted under 
section 7 for federally managed ``high seas'' fisheries off of Alaska 
(i.e., between 3 and 200 miles from shore), but other protective 
mechanisms of the Act, such as prohibitions from direct taking, do not 
extend to albatrosses that occur within 200 miles from shore. Listing 
the species within the U.S. would provide more comprehensive and 
extensive protection for the species through sections 7, 9, and 10 of 
the Act, and through recovery planning.
    Short-tailed albatrosses are currently protected from taking under 
the Migratory Bird Treaty Act of 1918, as amended (MBTA: 16 U.S.C. 703 
et seq.), but MBTA jurisdiction extends only to 3 miles from shore.
    Torishima and Minami-kojima are the only two confirmed breeding 
sites for short-tailed albatrosses, and both are under Japanese 
ownership and management. Of concern is that Minami-kojima has also 
been claimed by the Nationalist Republic of China and the People's 
Republic of China. The situation may present logistical and diplomatic 
problems in attempts to implement protection for the colony on the 
island (Tickell 1975).
    On July 1, 1975, the short-tailed albatross was included in 
Appendix I of the Convention on International Trade in Endangered 
Species of Wild Fauna and Flora (CITES). CITES is a treaty established 
to prevent international trade that may be detrimental to the survival 
of plants and animals. Generally, both import and export permits are 
required from the importing and exporting countries before an Appendix 
I species may be shipped, and Appendix I species may not be imported 
for primarily commercial purposes. CITES export permits may not be 
issued if the export will be detrimental to the survival of the species 
or if the specimens were not legally acquired. However, CITES does not 
itself regulate take or domestic trade.
    E. Other natural or manmade factors affecting its continued 
existence. Other factors potentially represent threats to the species; 
however, no information is available to assess the probability of any 
one factor occurring in a way that will threaten the species with 
extinction. Nor is it possible to assess the potential extent or 
magnitude of the threat posed, because these will likely vary depending 
on the occurrence of any one threat in combination with other 
perturbations.
    One of these factors is small population size. The worldwide 
breeding-age population of short-tailed albatrosses numbers 
approximately 500 individuals. A significant proportion of these 
individuals nest in the Tsubamezaki colony on Torishima. The remaining 
small number of breeding birds nest on Minami-kojima. Because the 
population size is small, and breeding is limited to two islands, a 
catastrophic volcanic or weather event on Torishima has the potential 
not only to significantly reduce the numbers of birds in the world, it 
also could reduce the worldwide breeding population to a level where 
the risk of extinction is high. Genetic diversity of the worldwide 
population may also be cause for concern since the species experienced 
a severe bottleneck during the middle of this century.
    The risk of extinction caused by a catastrophic event at the 
breeding colony is buffered by adult and immature non-breeding birds. 
An average of 25 percent of breeding age adults do not return to breed 
each year (H. Hasegawa pers. comm.), and immature birds do not return 
to the colony to breed until at least 6 years after fledging (H. 
Hasegawa pers. comm.). As much as 50 percent of the current total 
worldwide population may be immature birds. If suitable habitat were 
still available on Torishima, these birds could recolonize in years 
following a catastrophic event.
    Another potential threat is damage or injury related to oil 
contamination, which could cause physiological problems from petroleum 
toxicity and by interfering with the bird's ability to thermoregulate. 
Oil spills can occur in many parts of the short-tailed albatrosses' 
marine range. Oil development has been considered in the past in the 
vicinity of the Senkaku Islands (Hasegawa 1981, in litt.). Future 
industrial development would introduce the risk of local marine 
contamination, or pollution due to blow-outs, spills, and leaks related 
to oil extraction, transfer and transportation. Historically short-
tailed albatrosses rafted together in the waters around Torishima 
(Austin 1949) and small groups of individuals have occasionally been 
observed at sea (USFWS unpublished data). An oil spill in an area where 
individuals were rafting could affect the population significantly. The 
species' habit of feeding at the surface of the sea makes them 
vulnerable to oil contamination. Dr. Hiroshi Hasegawa (pers. comm.) has 
observed some birds on Torishima with oil spots on their plumage.
    Consumption of plastics may also be a factor affecting the species' 
survival. Albatrosses often consume plastics at sea, presumably 
mistaking the plastics for food items, or consuming marine life such as 
flying fish eggs that are attached to floating objects. Dr. Hiroshi 
Hasegawa (pers. comm.) reports that short-tailed albatrosses on 
Torishima commonly regurgitate large amounts of plastics debris. 
Plastics ingestion can result in injury or mortality to albatrosses if 
sharp plastic pieces cause internal injuries, or through reduction in 
ingested food volumes and dehydration (Sievert and Sileo in McDermond 
and Morgan 1993). Young birds may be particularly vulnerable to 
potential effects of plastic ingestion prior to

[[Page 58698]]

developing the ability to regurgitate (Fefer 1989, in litt.). Auman 
(1994) found that Laysan albatross chicks found dead in the colony had 
significantly greater plastics loads than chicks injured by vehicles, a 
sampling method presumably unrelated to plastics ingestion, and 
therefore representative of the population. Dr. Hiroshi Hasegawa has 
observed a large increase in the occurrence of plastics in birds on 
Torishima over the last 10 years (R. Steiner pers. comm.), but the 
effect on survival and population growth is not known.
    Another potential threat is short-tailed albatross mortality that 
is incidental to longline fishing in the North Pacific and Bering Sea. 
Short-tailed albatross mortalities occur in longline fisheries as a 
result of baited longline hooks that are accessible to foraging 
albatrosses during line setting and hauling. Five short-tailed 
albatrosses are known to have been taken by longline fisheries in 
Alaska from 1983-1996. The Service, in consultation with the National 
Marine Fisheries Service, determined that the Alaskan groundfish and 
halibut fisheries are likely to adversely affect short-tailed 
albatrosses, but are not likely to result in an appreciable reduction 
in the likelihood of survival and recovery of the species (USFWS 1989 
and amendments, USFWS 1998). Consultation under section 7 of the Act 
has not been conducted for the Hawaiian longline fishery; the amount 
and likelihood of take in this fishery is difficult to determine 
because of the low rate of observer coverage (5 percent of fishing time 
is observed). There have been no reported takes of short-tailed 
albatrosses. Black-footed albatrosses and Laysan albatrosses are taken 
in this fishery (E. Flint pers. comm.). The magnitude of impacts caused 
by international longline fisheries is unknown.
    Hasegawa (pers. comm.) reports that 3-4 birds per year on Torishima 
come ashore entangled in fishing gear, some of which die as a result. 
He also stated that some take by Japanese handliners may occur near the 
nesting colonies, although no such take has been reported. There is no 
additional information on the potential effects of fisheries near 
Torishima on the species.
    At the current population level and growth rate, the level of 
mortality resulting from longline fisheries is not thought to represent 
a threat to the species' continued survival. However, in the event of a 
major population decline as a result of a natural environmental 
catastrophe or an oil spill, the effects of longline fisheries on 
short-tailed albatrosses could be significant.
    Another potential source of mortality is collision with aircraft on 
Midway Atoll. The current short-tailed albatross nest on Midway Atoll 
is located next to an active airplane runway. Black-footed and Laysan 
albatross mortalities occur periodically as a result of airplane 
strikes. It is possible, therefore, that short-tailed albatrosses could 
also be killed as a result of air traffic (Kevin Foster, U.S. Fish and 
Wildlife Service, Honolulu pers. comm.).

Summary

    The worldwide population of short-tailed albatrosses continues to 
be in danger of extinction throughout its range due to natural 
environmental threats, small population size and the small number of 
breeding colonies. Longline fishing, plastics pollution, oil 
contamination, or airplane strikes are not likely to represent 
significant threats today, but any of these factors in combination with 
a catastrophic event on Torishima, could threaten future survival and 
recovery of the species. Most of the world's breeding population nests 
on Torishima in the Tsubamezaki colony. These individuals and the 
breeding habitat are at risk of measurable or significant population 
level impacts from a volcanic eruption on the island. The habitat at 
Tsubamezaki is further threatened by continued erosion and mud slides 
from monsoon rains despite the reduction of risk through habitat 
management. The only other known breeding location is on Minami-kojima, 
which is threatened by political unrest and internationally disputed 
ownership. Establishment of additional breeding colonies may be 
problematic. First, enough birds must be available to disperse to other 
sites. Second, colonization of Midway Island, the only recognized 
potential breeding site in the United States, may be compromised by 
take in longline fisheries and airplane strikes.
    The Service has carefully assessed the best scientific and 
commercial information available regarding the past, present, and 
future threats faced by this species in determining to propose this 
rule. Based on this evaluation, the preferred action is to extend the 
listing of the short-tailed albatross as endangered to its U.S. range. 
The Service is also correcting the information in the Historic Range 
column of the short-tailed albatross entry in the list of endangered 
and threatened species (50 CFR 17.11(h)). The information in this 
column currently indicates the species' historic range includes the 
North Pacific Ocean and Bering Sea, and lands and waters of Japan, 
China, Russia, and the United States. The Service will correct this to 
include Taiwan and Canada. This column is nonregulatory in nature and 
is provided for the information of the reader.
    Critical habitat is not being proposed at this time for the short-
tailed albatross for reasons discussed in the ``Critical Habitat'' 
section of this proposal.

Critical Habitat

    Critical habitat is defined in section 3 of the Act as: (i) the 
specific areas within the geographical area occupied by a species, at 
the time it is listed in accordance with the Act, on which are found 
those physical or biological features (I) essential to the conservation 
of the species and (II) that may require special management 
considerations or protection; and (ii) specific areas outside the 
geographical area occupied by a species at the time it is listed, upon 
a determination that such areas are essential for the conservation of 
the species. ``Conservation'' means the use of all methods and 
procedures needed to bring the species to the point at which listing 
under the Act is no longer necessary.
    Section 4(a)(3) of the Act, as amended, and implementing 
regulations (50 CFR 424.12) require that, to the maximum extent prudent 
and determinable, the Secretary designate critical habitat at the time 
the species is determined to be endangered or threatened. The Service 
finds that designation of critical habitat is not prudent for the 
short-tailed albatross at this time. Service regulations (50 CFR 
424.12(a)(1)) state that designation of critical habitat is not prudent 
when one or both of the following situations exist: (i) The species is 
threatened by taking or other human activity, and identification of 
critical habitat can be expected to increase the degree of threat to 
the species, or (ii) such designation of critical habitat would not be 
beneficial to the species.
    Critical habitat is not being proposed for the short-tailed 
albatross based on the Service's analysis and determination that such 
designation would not be beneficial to the species. Habitats outside of 
the U.S. are not eligible for critical habitat designation. Habitat 
within the U.S. used by short-tailed albatrosses include coastal waters 
of Alaska and Hawaii, and potential nesting habitat on Midway Atoll in 
the Hawaiian Islands.
    Short-tailed albatrosses occur and forage throughout the coastal 
regions of the North Pacific Ocean and Bering Sea during the non-
breeding season, and

[[Page 58699]]

throughout the Northwestern Hawaiian Islands during the breeding 
season. Although foraging areas are essential to the conservation of 
short-tailed albatrosses, there is currently no information to support 
a conclusion that any specific areas within U.S. jurisdiction are 
uniquely important. More importantly, adverse effects on the species 
occurring in the marine environment are a result of activities that 
threaten individual albatrosses rather than albatross habitat. These 
include incidental mortality in longline fisheries, and mortality or 
injury associated with plastics pollution and oil spills. These effects 
can be adequately addressed through the jeopardy standard of section 7 
of the Act and through the section 9 prohibitions of the Act. With 
regard to foraging areas in U.S. waters, there would be no additional 
benefit or protection conferred through the destruction or adverse 
modification standard for critical habitat under section 7 of the Act.
    The future potential for the Midway Atoll National Wildlife Refuge 
to serve as a geographically distinct breeding colony to recover the 
species is best realized through implementation of refuge system 
management planning. A management goal for Midway Atoll Refuge is to 
manage for the conservation and recovery of threatened and endangered 
species. Future project proposals which might adversely affect short-
tailed albatrosses will be adequately addressed through the jeopardy 
standard of section 7 consultation and section 9 prohibitions of the 
Act. With regard to breeding areas and potential breeding areas within 
the U.S., there would be no additional benefit or protection conferred 
through the designation of critical habitat on the Midway Atoll Refuge 
over that conferred through the jeopardy standard of section 7 of the 
Act. Therefore, the Service finds that designation of critical habitat 
for the short-tailed albatross is not prudent.

Available Conservation Measures

    Conservation measures provided to species listed as endangered or 
threatened under the Act include recognition, recovery actions, 
requirements for Federal protection, and prohibitions against certain 
activities. Recognition through listing encourages and results in 
conservation actions by Federal, State and local agencies, private 
organizations and individuals. The protection required of Federal 
agencies and the prohibitions against taking and harm are discussed, in 
part, below.
    Section 7(a) of the Act, as amended, requires Federal agencies to 
evaluate their actions with respect to any species that is proposed or 
listed as endangered or threatened and with respect to its critical 
habitat, if any is being designated. Regulations implementing this 
interagency cooperation provision of the Act are codified at 50 CFR 
part 402. Section 7(a)(4) requires Federal agencies to confer 
informally with the Service on any action that is likely to jeopardize 
the continued existence of a proposed species or result in destruction 
or adverse modification of proposed critical habitat. If a species is 
listed subsequently, section 7(a)(2) requires Federal agencies to 
ensure that activities they authorize, fund, or carry out are not 
likely to jeopardize the continued existence of the species or destroy 
or adversely modify its critical habitat. If a Federal action may 
affect a listed species or its critical habitat, the responsible 
Federal agency must enter into formal consultation with the Service.
    Federal agency actions that may require conference and/or 
consultation as described in the preceding paragraph include National 
Marine Fisheries Service Fishery Management Plans, management practices 
at the Midway Atoll National Wildlife Refuge, permits or authorization 
for oil tankering within the range of short-tailed albatrosses, and oil 
spill contingency plans.
    The Act and its implementing regulations found at 50 CFR 17.21 set 
forth a series of prohibitions and exceptions that apply to all 
endangered species of wildlife. All prohibitions of section 9(a)(1) of 
the Act, implemented by 50 CFR 17.21, apply. These prohibitions, in 
part, make it illegal for any person subject to the jurisdiction of the 
United States, to take (includes harass, harm, pursue, hunt, shoot, 
wound, kill, trap, or collect; or to attempt to engage in any of 
these), import or export, ship in interstate commerce in the course of 
a commercial activity, or sell or offer for sale in interstate or 
foreign commerce any listed species. It is also illegal to possess, 
sell, deliver, carry, transport, or ship any such wildlife that has 
been taken illegally. Certain exceptions apply to agents of the Service 
and State conservation agencies.
    Permits may be issued to carry out otherwise prohibited activities 
involving endangered wildlife species under certain circumstances. 
Regulations governing permits for endangered wildlife are at 50 CFR 
17.22 and 17.23. Such permits are available for scientific purposes, to 
enhance the propagation or survival of the species, and/or for 
incidental take in connection with otherwise lawful activities. 
Information collections associated with these permits are approved 
under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., and assigned 
Office of Management and Budget Clearance number 1018-0094.
    It is the policy of the Service (59 FR 34272) to identify to the 
maximum extent practicable at the time a species is listed those 
activities that would or would not constitute a violation of section 9 
of the Act. The intent of this policy is to increase public awareness 
of the effect of the listing on proposed and ongoing activities within 
a species' range. The only known non-federal activities which may 
result in incidental take of short-tailed albatrosses are State managed 
hook-and-line longline fisheries. Activities which are not expected to 
result in any take of short-tailed albatrosses include: (1) fishing 
activities in Alaska and Hawaii other than hook-and-line longline 
fishing; (2) lawfully conducted vessel operations such as transport, 
tankering and barging; and (3) harbor operations or improvements. 
Questions regarding whether other specific activities will constitute a 
violation of section 9 should be directed to the Field Supervisor of 
the Anchorage Field Office (See ADDRESSES section).

Public Comments Solicited

    The Service requests comments on the proposed listing of the U.S. 
population of the short-tailed albatross on the List of Endangered and 
Threatened Wildlife and the clarity of this proposal, pursuant to 
Executive Order 12866, which requires agencies to write clear 
regulations.

Proposed Listing

    The Service intends that any final action resulting from this 
proposal will be as accurate and as effective as possible. Therefore, 
comments or suggestions from the public, other concerned governmental 
agencies, the scientific community, industry, or any other interested 
party concerning this proposed rule are hereby solicited. Comments 
particularly are sought concerning:
    (1) Biological, commercial trade, or other relevant data concerning 
any threat (or lack thereof) to this species;
    (2) The location of any additional populations of this species and 
the reasons why any habitat should or should not be determined to be 
critical habitat as provided by section 4 of the Act;

[[Page 58700]]

    (3) Additional information concerning the range, distribution, and 
population size of this species; and
    (4) Current or planned activities in the subject area and their 
possible impacts on this species.
    Final promulgation of the regulations on this species will take 
into consideration the comments and any additional information received 
by the Service, and such communications may lead to a final regulation 
that differs from this proposal.
    The Act provides for a public hearing on this proposal, if 
requested. Requests must be received within 45 days of the date of 
publication of this proposal. Such requests must be made in writing and 
addressed to the Anchorage Field Supervisor (see ADDRESSES section).

Executive Order 12866

    Executive Order 12866 requires each agency to write regulations 
that are easy to understand. The Service invites your comments on how 
to make this rule easier to understand including answers to the 
following: (1) Are the requirements of the rule clear? (2) Is the 
discussion of the rule in the ``Supplementary Information'' section of 
the preamble helpful in understanding the rule? What else could we do 
to make the rule easier to understand?
    Send a copy of any comments that concern how we could make this 
rule easier to understand to: Office of Regulatory Affairs, Department 
of the Interior, Room 7229, 1849 C Street, NW, Washington, DC 20240. 
You may also e-mail the comments to this address: E[email protected].

Paperwork Reduction Act

    This rule does not contain any new collections of information other 
than those already approved under the Paperwork Reduction Act, 44 
U.S.C. 3501 et seq., and assigned Office of Management and Budget 
clearance number 1018-0094. An agency may not conduct or sponsor, and a 
person is not required to respond to, a collection of information 
unless it displays a currently valid control number. For additional 
information concerning permit and associated requirements for 
endangered species, see 50 CFR 17.22.

National Environmental Policy Act

    The Fish and Wildlife Service has determined that an Environmental 
Assessment or Environmental Impact Statement, as defined under the 
authority of the National Environmental Policy Act of 1969, need not be 
prepared in connection with regulations adopted pursuant to section 
4(a) of the Endangered Species Act. A notice outlining the Service's 
reasons for this determination was published in the Federal Register on 
October 25, 1983 (48 FR 49244).

Listing Priority Guidance

    Processing of this proposed rule conforms with the Service's 
Listing Priority Guidance for Fiscal Years 1998 and 1999, published on 
May 8, 1998 (63 FR 25502). The guidance clarifies the order in which 
the Service will process rulemakings giving highest priority (Tier 1) 
to processing emergency rules to add species to the Lists of Endangered 
and Threatened Wildlife and Plants (Lists); second priority (Tier 2) to 
processing final determinations on proposals to add species to the 
Lists, processing new proposals to add species to the Lists, processing 
administrative findings on petitions (to add species to the Lists, 
delist species, or reclassify listed species), and processing a limited 
number of proposed or final rules to delist or reclassify species; and 
third priority (Tier 3) to processing proposed or final rules 
designating critical habitat. Processing of this proposed rule is a 
Tier 2 action.

References Cited

    A complete list of all references cited herein, as well as others, 
is available upon request from the Anchorage Field Office, U.S. Fish 
and Wildlife Service (see ADDRESSES section).
    Author. The primary author of this proposed rule is Janey Fadely, 
Migratory Bird Management, U.S. Fish and Wildlife Service, 3000 Vintage 
Park Blvd., Suite 240, Juneau, Alaska 99801, (907) 586-7240.

List of Subjects in 50 CFR Part 17

    Endangered and threatened species, Exports, Imports, Reporting and 
recordkeeping requirements, Transportation.

Proposed Regulation Promulgation

    For the reasons set out in the preamble, the Service is proposing 
to amend part 17, subpart B of chapter I, title 50 of the Code of 
Federal Regulations, as set forth below:

PART 17--[AMENDED]

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

    Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C. 
4201-4245; Pub. L. 99-625, 100 Stat. 3500, unless otherwise noted.

    2. In section 17.11(h), the table entry for ``Albatross, short-
tailed'', under BIRDS, is revised to read as follows:


Sec. 17.11  Endangered and threatened wildlife.

* * * * *
    (h) * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
                       SPECIES                                                   Verebrate
------------------------------------------------------                       population where                                  Critical
                                                          Historic range       endangered or        Status     When listed     habitat     Special rules
           Common name              Scientific name                             threatened
--------------------------------------------------------------------------------------------------------------------------------------------------------
                   *                  *                  *                  *                  *                  *                  *
              Birds
                   *                  *                  *                  *                  *                  *                  *
Albatross, short-tailed.........  Phoebastria          North Pacific        Entire............  E                     3,--  NA             NA
                                   (=Diomedia)          Ocean: Japan,
                                   albatrus.            Taiwan, Russia,
                                                        Canada, U.S.A.
                                                        (AK, CA, HI, OR,
                                                        WA).
                   *                  *                  *                  *                  *                  *                  *
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 58701]]

    Dated: September 15, 1998.
Jamie Rappaport Clark,
Director, Fish and Wildlife Service.
[FR Doc. 98-29174 Filed 10-30-98; 8:45 am]
BILLING CODE 4310-55-P