[Federal Register Volume 76, Number 195 (Friday, October 7, 2011)]
[Proposed Rules]
[Pages 62504-62565]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-25469]



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Vol. 76

Friday,

No. 195

October 7, 2011

Part II





Department of the Interior





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Fish and Wildlife Service





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50 CFR Part 17





Endangered and Threatened Wildlife and Plants; 12-Month Finding on a 
Petition To List the Black-footed Albatross as Endangered or 
Threatened; Proposed Rule

  Federal Register / Vol. 76 , No. 195 / Friday, October 7, 2011 / 
Proposed Rules  

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R1-ES-2007-0004; MO 92210-0-0008]


Endangered and Threatened Wildlife and Plants; 12-Month Finding 
on a Petition To List the Black-footed Albatross as Endangered or 
Threatened

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of 12-month petition finding.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce a 
12-month finding on a petition to list the black-footed albatross 
(Phoebastria nigripes) as endangered or threatened under the Endangered 
Species Act of 1973, as amended (Act). The petitioners provided three 
listing options for consideration by the Service: Listing the black-
footed albatross throughout its range; listing the Hawaiian Islands 
breeding population of the black-footed albatross as a Distinct 
Population Segment (DPS); or listing the Japanese Islands breeding 
population of the black-footed albatross as a DPS. After a review of 
the best available scientific and commercial information, we find that 
listing the black-footed albatross rangewide is not warranted at this 
time. We find that the Hawaiian Islands breeding population and the 
Japanese Islands breeding population are separate DPSs, as defined by 
DPS policy. However, we further find that neither the Hawaiian Islands 
DPS nor the Japanese Islands DPS of the black-footed albatross warrants 
listing at this time. We ask the public to submit to us any new 
information that becomes available concerning the threats to the black-
footed albatross or its habitat at any time.

DATES: The finding announced in this document was made on October 7, 
2011.

ADDRESSES: This finding is available on the Internet at http://www.regulations.gov at Docket Number FWS-R1-ES-2007-0004, and http://www.fws.gov/pacificislands/. Supporting documentation we used in 
preparing this finding is available for public inspection, by 
appointment, during normal business hours at the U.S. Fish and Wildlife 
Service, Pacific Islands Fish and Wildlife Office, 300 Ala Moana 
Boulevard, Box 50088, Honolulu, Hawaii 96850. Please submit any new 
information or materials concerning this finding to the above address.

FOR FURTHER INFORMATION CONTACT: Dr. Loyal Mehrhoff, Field Supervisor, 
Pacific Islands Fish and Wildlife Office (see ADDRESSES); by telephone 
at 808-792-9400; or by facsimile at 808-792-9581. If you use a 
telecommunications device for the deaf (TDD), call the Federal 
Information Relay Service (FIRS) at 800-877-8339.

SUPPLEMENTARY INFORMATION:

Background

    Section 4(b)(3)(B) of the Act (16 U.S.C. 1532 et seq.) requires us 
to make a finding within 12 months of the date of receipt of any 
petition to revise the Lists of Endangered and Threatened Wildlife and 
Plants, provided the petition contains substantial scientific and 
commercial information that listing may be warranted. In this finding, 
we will determine that the petitioned action is: (a) Not warranted, (b) 
warranted, or (c) warranted, but the immediate proposal of a regulation 
implementing the petitioned action is precluded by other pending 
proposals to determine whether species are threatened or endangered, 
and expeditious progress is being made to add or remove qualified 
species from the Federal Lists of Endangered and Threatened Wildlife 
and Plants. Section 4(b)(3)(C) of the Act requires that we treat a 
petition for which the requested action is found to be warranted but 
precluded as though resubmitted on the date of such finding, requiring 
that a subsequent finding be made within 12 months. We must publish 
these 12-month findings in the Federal Register.

Previous Federal Actions

    On October 1, 2004, we received a petition dated September 28, 
2004, from Earthjustice on behalf of the Turtle Island Restoration 
Network and the Center for Biological Diversity, requesting that we 
list the black-footed albatross as a threatened or endangered species 
throughout its range, with critical habitat, or that we list either or 
both the Hawaiian breeding population and/or the Japanese breeding 
population as a DPS, and that we designate critical habitat 
concurrently with listing. Because the determination of critical 
habitat is not a petitionable action under the Act, we did not consider 
the designation of critical habitat in this finding. The petition 
included supporting information regarding the species' taxonomy and 
ecology, historical and current distribution, present status, potential 
causes of decline, and active imminent threats. In our December 3, 
2004, letter to the petitioner we acknowledged the petition and 
provided our determination that emergency listing was not warranted. We 
also explained that, due to a significant number of listing rules due 
in 2005 under court-approved settlement agreements, we had insufficient 
resources to initiate a 90-day finding at that time.
    In 2007 we received funding and initiated the 90-day finding. On 
October 9, 2007, we published a 90-day petition-finding (72 FR 57278), 
in which we concluded the petition presented substantial scientific or 
commercial information indicating listing of the black-footed albatross 
may be warranted, and we initiated a status review. In that notice, we 
announced the opening of a 60-day information collection period and 
invited the public to submit to us any pertinent information concerning 
the status of or threats to this species. We received information from 
14 parties in response to this notice. We also consulted with 
recognized species experts and other Federal and State agencies. On 
August 26, 2009, we announced the reopening of the information 
collection period (74 FR 43092) in response to the U.S. Geological 
Survey-Biological Resources Discipline (USGS-BRD) publication of the 
Status Assessment of the Laysan and Black-Footed Albatrosses, North 
Pacific Ocean, 1923-2005 (Arata et al. 2009, entire). One additional 
party provided comments during the second information collection 
period. This notice constitutes the 12-month finding on the petition to 
list the black-footed albatross as endangered or threatened with 
critical habitat.

Outline of This Notice

    In this notice, we first provide background information on the 
biology of the black-footed albatross. Next we analyze the threat 
factors facing the black-footed albatross throughout its range to 
determine if listing under the Act is warranted. This analysis is 
called a ``Five Factor Analysis'' because it addresses the five factors 
listed in section 4(a)(1) of the Act that are used in determining 
whether a species meets the definition of an endangered or a threatened 
species under the Act. For each factor, we first determine whether any 
stressors, or risk factors, appear to be negatively affecting black-
footed albatrosses anywhere within the species' range. If we determine 
they are, then we evaluate whether each of these risk factors, either 
singly or in combination, is resulting in population-level effects. 
Defining a stressor to be a threat to the species does not

[[Page 62505]]

necessarily mean the species meets the definition of endangered or 
threatened. Virtually all species face some degree of threat from 
either natural or anthropogenic sources. Rather, for the purposes of 
the Act, we must consider each of the stressors and identified threats, 
both individually and cumulatively, and make a determination with 
respect to whether the species is endangered or threatened according to 
the statutory standard. That is, we must make a determination as to 
whether the threats are impacting the species to such a degree that the 
species is currently in danger of extinction (endangered), or likely to 
become so within the foreseeable future (threatened), throughout all or 
a significant portion of its range. Further details on this evaluation 
are provided below in the section Summary of Factors Affecting the 
Species.

Species Information

    The black-footed albatross is a migratory, open-ocean species whose 
current range encompasses the seas from north of the Hawaiian Islands 
to the Bering Sea (15[deg] N to 60[deg] N), eastward to the western 
coast of North America, and west to the northeastern coast of Japan 
(118[deg] E to 112[deg] W) (Figure 1) (Awkerman et al. 2008, p. 4; 
Fischer et al. 2009, p. 757).
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    Approximately 95 percent of the breeding population nests in the 
Hawaiian Islands archipelago in the central Pacific; other breeding 
colonies are found on the Japanese Islands in the western Pacific in 
the Izu-Torishima Islands, the Ogasawara Islands (also known as the 
Bonin Islands), and the Senkaku Islands (Figure 2).
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Taxonomy and Description
    The black-footed albatross is one of three north Pacific species in 
the seabird family Diomedeidae (albatrosses). Adults are uniformly 
sooty brown with a whitish ring at the base of the bill, a white patch 
behind the eye, and white feathers over the base of the tail and 
undertail coverts. Birds of all ages have a blackish bill, legs, and 
feet. Fledglings are uniformly dark brown and acquire a white ring at 
the base of the bill and around the tail as they age (Hyrenbach 2002, 
p. 87). The wingspan is 76 to 85 inches (in) (193 to 216 centimeters 
(cm)), and the average weight is 6.17 pounds (lb) (2.30 kilograms (kg)) 
(Cousins and Cooper 2000, p. 3). No subspecies are recognized, though 
significant genetic differentiation between the Hawaiian and Japanese 
populations has been identified (Walsh and Edwards 2005, pp. 292-294; 
Eda et al. 2008, pp. 112-115), and further research may possibly 
indicate that taxonomic revision is warranted (Eda et al. 2008, p. 
115). At present the black-footed albatross continues to be classified 
by taxonomic authorities as a single species (American Ornithologists' 
Union 1998 and supplements; Integrated Taxonomic Information System 
2011), and there does not appear to be a broad scientific consensus 
that this classification is incorrect; therefore, we consider it a 
single species in this finding.
Life History
    Black-footed albatrosses range throughout the north Pacific 
(Cousins and Cooper 2000, p. 12). Reports of banded birds, casual 
observation, and studies using satellite transmitters have revealed 
patterns in the use of oceanic habitats by black-footed albatrosses 
that vary with age and breeding status, and oscillate with the breeding 
cycle (Cousins and Cooper 2000, p. 12). Adult birds concentrate around 
the colonies during egg-laying, incubation, and chick brooding. As 
chicks get older, breeding adults range much farther from the colony to 
reach productive foraging waters. Post-breeding adults forage near the 
western coast of North America, and south of Alaska as far west as the 
Aleutian Islands. Black-footed albatrosses use areas of coastal 
upwelling or convergence for foraging throughout the north Pacific; 
these highly productive areas are also used by numerous fisheries 
(Fernandez et al. 2001; Hyrenbach et al. 2002; Hyrenbach and Dotson 
2003; Fischer 2007; Fischer et al. 2009).
    Black-footed albatrosses live for 40 to 50 years, and represent a 
classic example of a ``K-selected'' species (i.e., the species is long-
lived, has delayed reproductive maturity, produces relatively few 
young, and is dependent upon high annual adult survivorship). The 
earliest known age for first breeding by black-footed albatrosses is 4 
years of age, but on average the age of first breeding is 7 years 
(Cousins and Cooper 2000, p. 51). Pairs mate for life, and mate loss in 
black-footed albatrosses can cause adults to skip up to five breeding 
seasons prior to forming a new pair (Committee on the Status of 
Endangered Wildlife in Canada (COSEWIC) 2007, p. 33). Only one egg is 
laid per year, and pairs do not attempt to renest if nesting failure 
occurs (Cousins and Cooper 2000, p. 2). Sometimes pairs will skip a 
breeding year. It is estimated that 75 percent of black-footed 
albatrosses that fledged a chick one year will go on to breed the next 
year, while 83 percent of pairs that experience nest failure will breed 
the next year (Viggiano 2001, p. 59).

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    Female black-footed albatrosses have a high level of affinity to 
the nest site. Long-term studies have shown that over 99 percent of 
females return to breed on the island or atoll where they hatched and 
fledged (known as their natal site) and establish their own nesting 
site nearby (Rice and Kenyon 1962a, pp. 532-533). Most have been found 
to return within less than 20 feet (ft) (6 meters (m)) of the same nest 
site season to season (Rice and Kenyon 1962a, p. 533). Such is their 
nest site fidelity that birds banded at a particular site in 1938 were 
found still nesting at that site 20 years later (Rice and Kenyon 1962a, 
p. 533). Since the vast majority of females nest on the island where 
they themselves hatched (Rice and Kenyon 1962a, pp. 532-533), 
recolonization of formerly occupied islands or atolls (that were 
abandoned or where black-footed albatrosses were extirpated due to 
cataclysmic or stochastic events) and colonization of new islands or 
atolls by dispersing breeders is relatively rare. Such events are not 
unknown, however. For example, black-footed albatrosses banded as 
nestlings on Midway Atoll were later observed breeding on Kure Atoll, 
and other individuals are known to have moved from their natal sites to 
breed between the islands of Pearl and Hermes Reef, French Frigate 
Shoals, and Kure Atoll as well (Woodworth 1972, p. 96). Black-footed 
albatrosses recolonized Torishima Island, the Ogasawara Islands, and 
the Senkaku Islands followed cessation of World War II military 
activities in the western Pacific (see Volcanic Activity, below), and 
pioneering attempts by black-footed albatrosses to breed on Mexico's 
Guadalupe and San Benedicto islands in the eastern Pacific have been 
reported recently.
    Birds arrive at their nesting colonies in the central and western 
Pacific islands in mid- to late October (Rice and Kenyon 1962a, p. 552; 
Woodward 1972, p. 92). Eggs are laid between mid-November and mid-
December (Rice and Kenyon 1962a, p. 540; Woodward 1972, p. 92; Awkerman 
et al. 2008; Agreement on the Conservation of Albatrosses and Petrels 
[ACAP 2010], p. 2). Incubation lasts approximately 66 days, and most 
eggs hatch by early February (Rice and Kenyon 1962a, p. 546). Both 
adults take turns brooding the chick and attend it for approximately 1 
month, after which the adults spend most of their time at sea, 
returning only to feed the chick (Rice and Kenyon 1962a, pp. 548-549). 
The chick-rearing stage lasts approximately 140 days, with fledging 
occurring in mid-June to mid-July (Rice and Kenyon 1962a, p. 562). Once 
fledged, the young birds remain at sea and do not return to land for 2 
to 5 years (Rice and Kenyon 1962a, p. 520; Viggiano 2001, p. 15).
Diet and Feeding Habitats
    Black-footed albatrosses are surface feeders and scavengers, 
generally seizing food within 3 ft (0.9 m) of the ocean's surface 
(Brooke 2004, p. 191). The birds take prey at the surface of the water, 
and occasionally partially submerge below the surface (Awkerman et al. 
2008, p. 14). Fernandez and Anderson (2000, entire) used an immersion 
monitor and satellite telemetry to evaluate feeding activity patterns 
during the chick-brooding period, when shorter foraging trips would be 
expected (Fernandez et al. 2001, p. 4). The majority of time at sea was 
spent flying (90.8 percent), with most immersions less than 100 seconds 
long, indicating birds were engaged in surface foraging rather than 
resting (Fernandez and Anderson 2001, p. 580). Immersions (presumed 
feeding activity) during this study occurred primarily during the 
daytime, though some presumed feeding activity did occur during the 
night.
    The diet of adult black-footed albatrosses is composed primarily of 
flying fish eggs, but also includes squid, fish, offal, and human 
refuse (Brooke 2004, p. 191). Black-footed albatrosses are known to 
follow fishing boats and are more aggressive than Laysan albatrosses 
(Phoebastria immutabilis) in scavenging fish discards (Fischer et al. 
2009, p. 758). Harrison et al. (1983, entire) and Gould et al. (1997, 
entire) studied the food habits of the black-footed albatross. Harrison 
et al. (1983, pp. 15-18) collected regurgitation samples from adult 
birds primarily from Laysan Island and Midway Atoll, but also collected 
samples during the chick-rearing stage from Kure Atoll and French 
Frigate Shoals, and found the contents were primarily flying fish eggs, 
squid, and crustaceans. Gould et al. (1997, p. 550) sampled birds 
collected from drift nets in the north Pacific during the nonbreeding 
season. They found the greatest percentage of stomach contents was 
squid species typically targeted by the squid and driftnet fisheries. 
In their analysis of both Laysan and black-footed albatross stomach 
contents, Sileo et al. (1990a, p. 674) found that chicks consume a 
variety of plastic objects. Black-footed albatrosses are especially 
prone to inadvertently ingesting plastic because plastic particles 
floating on or below the water's surface resemble flying fish eggs, a 
major component of their diet. In addition, flying fish eggs are often 
laid in floating items, including plastic refuse, thereby increasing 
the chances of inadvertent plastic ingestion (Cousins and Cooper 2000, 
p. 5).
Nesting Sites
    Black-footed albatross nests are most often a depression scooped 
out in a sandy substrate, surrounded by a rim of sand (Arata et al. 
2009, p. 10). They are usually located on exposed sandy beaches at the 
beginning of the vegetation line (Cousins and Cooper 2000, p. 5; 
Awkerman et al. 2008, p. 20; Arata et al. 2009, p. 10). At Midway Atoll 
and Tern Island (French Frigate Shoals) in the Hawaiian Islands, nests 
are also located in areas with low-growing vegetation (Arata et al. 
2009, p. 10). On the volcanic islands of Torishima Island and the 
Ogasawara Islands, nests are not found on beaches, but are located at 
high elevations on sparsely to highly vegetated exposed volcanic slopes 
(Cousins and Cooper 2000, p. 5).
Breeding Distribution
    Historically, the breeding range of the black-footed albatross 
likely extended from Lehua Island (offshore of Niihau Island) in the 
Hawaiian Islands west to the Senkaku Islands in the western Pacific. In 
the late nineteenth and early twentieth centuries, this range was 
reduced due to extirpation of the black-footed albatross from entire 
breeding islands by egg and feather hunters, and later by military 
activities on some of the nesting islands in the central and western 
Pacific from World War II-related military occupation and activities 
(Rice and Kenyon 1962b, pp. 366-367; Naughton et al. 2007, p. 6). The 
likely historical breeding range of the black-footed albatross prior to 
these extirpation events is detailed in table 1.

[[Page 62508]]



  Table 1--Summary of the Historical Distribution of Black-Footed Albatross Breeding Colonies and Their Current
 Status as Extant E; Extinct X; or Prospecting P (Occasional Breeders Scouting Out New Nest Sites; Considered a
                                     Possible Early Sign of Range Expansion)
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             Breeding colony                        Year cited              First known reference       Status
----------------------------------------------------------------------------------------------------------------
                                             Central Pacific Islands
----------------------------------------------------------------------------------------------------------------
Northwestern Hawaiian Islands:
    Nihoa Island.........................  1923........................  Wetmore \1\................          E
    Necker Island........................  1923........................  Wetmore \1\................          E
    French Frigate Shoals................  1923........................  Wetmore \1\................          E
    Laysan Island........................  1923........................  Wetmore \1\................          E
    Lisianski Island.....................  1923........................  Wetmore \1\................          E
    Pearl and Hermes Reef................  1923........................  Wetmore \1\................          E
    Midway Atoll.........................  1923........................  Wetmore \1\................          E
    Kure Atoll...........................  1923........................  Wetmore \1\................          E
Main Hawaiian Islands:
    Kaula (Kauai)........................  1923........................  Wetmore \1\................          E
    Lehua (Kauai)........................  1923........................  Wetmore \1\................          E
Other:
    Taongi Atoll (Marshall Islands)......  1874........................  Dall \1\...................          X
    Wake Atoll or Wake Island............  1841........................  Peale \1\..................          P
    Minami-Torishima (Marcus Island).....  1902........................  Bryon \1\..................          X
    Johnston Atoll.......................  1923........................  Wetmore \1\................          X
----------------------------------------------------------------------------------------------------------------
                                             Western Pacific Islands
----------------------------------------------------------------------------------------------------------------
Iwo Jima (Volcano Islands)...............  1891........................  Seebohm \1\................          X
Izu Shoto (Torishima Island).............  1889........................  Hattori \1\................          E
Ogasawara Gunto (Bonin Islands)..........  1890........................  Seebohm \1\................          E
Senkaku Retto (Ryukyu Shoto).............  unknown.....................  unknown....................          E
----------------------------------------------------------------------------------------------------------------
                                             Eastern Pacific Islands
----------------------------------------------------------------------------------------------------------------
Isla Guadalupe...........................  1998........................  Pitman & Ballance \2\......          P
San Benedicto............................  2000........................  Pitman & Ballance \2\......          P
----------------------------------------------------------------------------------------------------------------
\1\ Referenced in Rice & Kenyon, 1962a, p.21
\2\ Referenced in Pitman & Ballance, 2002, p. 13.

    Wake Island or Wake Atoll was first reported as a breeding colony 
for black-footed albatross in December 1841 by Titian R. Peale while on 
a U.S. Exploring Expedition. During this expedition, an egg and a 
black-footed albatross skin were collected; however, the egg was later 
judged, by size and shape, to be that of a Laysan and not a black-
footed albatross (Rice and Kenyon 1962b, p. 379). Thus, because a 
single collected skin of a black-footed albatross does not denote 
nesting or breeding, we cannot conclude that these birds historically 
nested or bred on Wake Atoll.
    Present breeding populations of black-footed albatross occur as 
follows (table 2): (1) Hawaiian Islands (central Pacific, Hawaii 
archipelago) (1a) Northwestern Hawaiian Islands--Nihoa Island, Necker 
Island, French Frigate Shoals, Laysan Island, Lisianski Island, Pearl 
and Hermes Reef, Midway Atoll, and Kure Atoll; (1b) Main Hawaiian 
Islands--Lehua Island, Kaula Island; (2) Japanese Islands (western 
Pacific) (2a) Izu Islands--Torishima Island; (2b) Ogasawara Islands 
(also known as the Bonin Islands)--nine islets; (2c) Senkaku Islands -- 
three islets (Kawakami et al. 2006, p. 187; Chiba et al. 2007, p. 5; 
Eda et al. 2008, p. 109).

    Table 2--Black-Footed Albatross Population Counts or Estimates of
 Breeding Pairs From All Known Breeding Sites 1993-2010 (United States,
       Japan) (ACAP 2010, Table 3, p. 4; Flint 2011a, pers. comm.)
------------------------------------------------------------------------
                                                              Number of
        Breeding site            Jurisdiction    Last year     breeding
                                                  surveyed      pairs
------------------------------------------------------------------------
                   Hawaiian Islands (Central Pacific)
------------------------------------------------------------------------
Northwestern Hawaiian
 Islands:
    Nihoa Island.............  United States..         2007            1
    Necker Island............  United States..         1995          112
    French Frigate Shoals....  United States..         2009        4,309
    Laysan Island............  United States..         2010       22,272
    Lisianski Island.........  United States..         2006        2,126
    Pearl and Hermes Reef....  United States..         2003        6,116
    Midway Atoll.............  United States..         2010       25,581
    Kure Atoll...............  United States..         2010        3,486
Main Hawaiian Islands:
    Kaula Island (Kauai).....  United States..         1993        3 \1\

[[Page 62509]]

 
    Lehua Island.............  United States..         2007           25
                              ------------------------------------------
        Total Central Pacific  ...............  ...........       64,031
------------------------------------------------------------------------
                   Japanese Islands (Western Pacific)
------------------------------------------------------------------------
Torishima Island (Izu          Japan..........         2003        2,150
 Islands).
Ogasawara (Bonin) Islands      Japan..........         2006          967
 (Muko-jima Island).
Ogasawara (Bonin) Islands      Japan..........         2006           11
 (Haha-jima Island).
Senkaku Islands..............  Japan..........         2002           56
                              ------------------------------------------
        Total Western Pacific  ...............  ...........        3,184
                              ------------------------------------------
        Total Rangewide......  ...............  ...........       67,215
------------------------------------------------------------------------
\1\ Survey at Kaula was done 16-17 November, 1998, which is early for
  nesting. Nine birds were present on the island.

    As of 2010, there are no established breeding colonies in the 
Marshall Islands or on Wake Atoll. While black-footed albatrosses have 
attempted to breed at Wake Atoll on occasion, most nests, both with and 
without eggs, were subsequently abandoned, and none have ever 
successfully fledged young. Birds are likely prospecting the atoll for 
potential nesting sites (Rauzon et al. 2008, pp. 14-15) (see Marshall 
Islands in ``Current Population Status'' below). Isolated attempts by 
black-footed albatrosses to breed on the Revillagigedo Islands of 
Mexico have been reported on Guadalupe and San Benedicto islands 
(Pitman and Ballance 2002, p. 13), but there is no record of a breeding 
population ever being established (Henry 2007, pers. comm.; Hebshi 
2010, pers. comm.). Other than one unsubstantiated report of a ``fully-
feathered chick'' on Guadalupe Island in 1998, there is no evidence 
that any young have been fledged (see Mexican Islands in ``Current 
Population Status'' below).
Foraging Distribution During the Breeding Season
    Satellite telemetry data collected in 1988 and 1989 indicate black-
footed albatrosses forage north and northeast of breeding colonies in 
the Hawaiian Islands. They tend to forage in pelagic (open ocean) 
oligotrophic (low in dissolved nutrients and high in oxygen) waters 
within the vicinity of the nest (maximum range 188 miles (mi) (303 
kilometers) (km)) during the nest-guard phase (when chicks are less 
than 18 days old) (Fernandez et al. 2001, pp. 4-5; Hyrenbach et al. 
2002, p. 288). When feeding older nestlings, black-footed albatrosses 
breeding on Tern Island mixed short trips near nest sites with long 
trips to the highly productive waters along the continental shelf of 
North America (Fernandez et al. 2001, pp. 4-7; Hyrenbach et al. 2002, 
pp. 288-294). They foraged along the North Pacific Transition Zone, 
which separates the Subarctic Domain (defined as a water mass with 
temperature less than 50 [deg]F (10 [deg]C)) from the North Pacific 
Subtropical Gyre (a large-scale circular feature made up of ocean 
currents that spiral around a central point; it is made up of four 
large, clockwise-rotating currents--North Pacific, California, North 
Equatorial, and Kuroshio)), and is characterized by convergence fronts 
and high productivity (Hyrenbach et al. 2002, p. 296). Overall, the 
adults ranged from 18[deg] N to 48[deg] N latitude in the north Pacific 
and over a large area in the eastern Pacific (121[deg] W to 172[deg] W 
longitude) (Fernandez et al. 2001, p. 4). Similar results have been 
reported using Geographic Positioning Systems (GPS) tracking of 
breeding birds in the Bonin Islands (Kawakami et al. 2006, p. 189). 
Adults incubating eggs or brooding young chicks foraged within 252 mi 
(405 km) of the breeding site; over 90 percent of the observations were 
within 124 mi (200 km) of the colony.
Foraging Distribution During the Nonbreeding Season
    During summer months (postbreeding), female black-footed 
albatrosses captured off the coast of California foraged largely along 
the transition zone between the California Current (a cold current 
originating in the northern part of the Pacific Ocean, flowing 
southeast along the coast of western North America) and the North 
Pacific Gyre, and spent 39, 43, and 18 percent of their time at sea in 
tropical waters, subtropical frontal zones, and subtropical waters, 
respectively (Hyrenbach and Dotson 2003, p. 397). Likewise, they spent 
25, 24, and 51 percent of their time foraging in the exclusive economic 
zones (EEZ) of the United States, Mexico, and the high seas, 
respectively (Hyrenbach and Dotson 2003, p. 397).
    Postbreeding black-footed albatrosses captured off the coast of 
Alaska ranged from 60[deg] N to 36[deg] N, and 125[deg] W to 180[deg] W 
(Fischer et al. 2009, p. 757). Within this range, they spent more time 
in continental margin waters versus oceanic waters; within the 
continental margin waters they spent equal time in the continental 
shelf, shelf break, and slope waters (Fischer et al. 2009, pp. 755-
756).
Demography and Population Resiliency
    Certain intrinsic aspects of black-footed albatross ecology and 
demography are relevant to the species' status. Stable populations of 
K-selected species, such as the black-footed albatross, generally live 
in relatively constant (i.e., not highly variable) environments and are 
characterized by low annual productivity rates balanced with high 
annual survival rates, meaning that individuals must live many years to 
replace themselves with offspring that survive to recruit into the 
breeding population. (The letter ``K'' represents the carrying capacity 
of a given environment, and is also used to represent a species whose 
reproductive strategy is to keep a stable population close to the 
carrying capacity.) Cousins and Cooper (2000, pp. 53-54) found that 
black-footed albatross population trends

[[Page 62510]]

were more sensitive to changes in survival than to changes in 
fecundity.
    Although factors that compromise productivity can cause populations 
to decline, adult survival is often the more important determinant of 
population size and persistence for a K-selected species (Cousins and 
Cooper 2000, p. 53). Annual adult death rates for the black-footed 
albatross are normally very low, on the order of 3 to 8 percent (in 
other words, annual adult survivorship is about 92 to 97 percent 
(Cousins and Cooper 2000, p. 50; Veran et al. 2007, p. 7; Arata et al. 
2009, p. 47)). If a sufficient number of adults are removed from the 
population prior to replacing themselves (i.e., adult survival is 
decreased beyond a certain threshold), the population will decline. 
Additionally, reduced juvenile survivorship will also affect the 
population; Cousins and Cooper (2000, p. 53) estimated that juvenile 
survival of black-footed albatrosses has to be 86 percent or higher to 
prevent a population decrease. Estimates of juvenile survivorship for 
the black-footed albatross have been more varied over the years; Arata 
et al. (2009, p. 47) report a rate as low as 0.688 for the period 1963-
1982, but estimate juvenile survivorship of 0.993 over the period 1994-
2002. For French Frigate Shoals, juvenile survivorship was estimated at 
0.79 for the years 1994-2000 (ACAP 2010, Table 5, p. 8). All of the 
characteristics of the black-footed albatross--its longevity, low 
reproductive rates, delayed sexual maturity, irregularity in annual 
breeding, and life-long pair bonding (with consequent delays in 
subsequent breeding if a mate is lost)--make it difficult to detect 
changes in population structure, particularly the recruitment of 
juveniles into the population. Species with such characteristics are 
slow to exhibit population declines and are inherently more vulnerable 
to extinction (Primack 1993, p. 102; Meffe and Carroll 1994, p. 128). 
These intrinsic aspects of black-footed albatross ecology and 
demography signal the continuing need to monitor their populations, 
despite the fact that numbers are presently stable and the species 
continues to be widely distributed across its range (Arata et al. 2009 
p. 2; see ``Current Population Status'' below).
Current Population Status
Rangewide
    Feather and egg hunters decimated black-footed albatross 
populations until the 1920s, and an estimate of population size prior 
to this period is not known. In 1923, the estimated breeding population 
was 17,800 pairs in Hawaii, and 200 in Japan (Arata et al. 2009, p. 
35). The current black-footed albatross worldwide population estimate, 
with most recent counts from the 2010 nesting season, is approximately 
67,215 breeding pairs (ACAP 2010, p. 4; Flint 2011a, pers. comm.). 
Based on a Leslie matrix model, roughly 60,000 breeding pairs were 
estimated to represent a total world population of approximately 
300,000 black-footed albatrosses, including both breeding and 
nonbreeding individuals (Cousins and Cooper 2000, p. 19; Niel and 
Lebreton 2005, p. 833); the most recent counts of more than 67,000 
nesting pairs therefore puts the estimated world population of black-
footed albatrosses at well over 300,000 individuals.
    Cousins and Cooper (2000) present data on the number of breeding 
black-footed albatrosses from Midway Atoll, Laysan Island, and French 
Frigate Shoals as well as the available information for all other sites 
throughout the world. An examination of their data indicates a stable 
or increasing global trend in the number of breeding black-footed 
albatross in the years 1992 through 1999 (Cousins and Cooper 2000, p. 
19 and Figure 19). More recently, data presented by Arata et al. (2009, 
Figure 22) indicate an increasing world population of the black-footed 
albatross between 1923 and 2005. In addition, survey data indicate 
populations in the Japanese Islands have been steadily increasing 
(Cousins and Cooper 2000, p. 23; Hasegawa 2010, pers. comm.; see Figure 
4 of this document). All of these population data are based on counts 
of active nests at breeding sites. It should be noted that because only 
the breeding component of the species' population is counted, changes 
in population demographics that could affect the population in the long 
term cannot be detected with this method (Viggiano 2001, p. 5). For 
example, any significant increase in juvenile mortality would not be 
detected until years later, when these birds would normally be entering 
the breeding population that is counted. In the absence of more precise 
data, however, these counts are generally used as a rough index of 
population numbers, and represent the best scientific information 
available to us.
Hawaiian Islands
    Roughly 95 percent of the world population of black-footed 
albatrosses breed in the Hawaiian Islands. Black-footed albatrosses 
currently nest on Lehua Island and Kaula Island off of Kauai in the 
main Hawaiian Islands, and in the Northwestern Hawaiian Islands on 
Nihoa Island, Necker Island, French Frigate Shoals, Laysan Island, 
Lisianski Island, Pearl and Hermes Reef, Midway Atoll, and Kure Atoll. 
Many of the smaller breeding populations of black-footed albatross are 
not regularly monitored, but standardized counts and estimates of 
active nests have been conducted in the Northwestern Hawaiian Islands 
since 1980 at French Frigate Shoals and since 1991 at Midway Atoll and 
Laysan Island (Naughton et al. 2007, p. 6). These three colonies 
collectively comprise 77 percent of the global breeding population of 
the black-footed albatross as of 2010 (ACAP 2010, p. 4).
    Based on the latest nest count data as of 2010, the largest colony 
of black-footed albatrosses at 25,581 breeding pairs is on Midway 
Atoll, representing approximately 40 percent of the world's breeding 
population. Laysan Island has the second largest colony with 22,272 
breeding pairs (approximately 35 percent of the global breeding 
population), and French Frigate Shoals is the smallest of the three 
with 4,309 breeding pairs, or roughly 7 percent of the world's breeding 
pairs (Flint 2011a, pers. comm.). Prior to 1997, instead of direct nest 
counts on Laysan Island, nesting estimates were derived from counts on 
plots from a portion of the island that were then extrapolated to 
represent total nesting area. Beginning in 1997, the direct count 
method (counts of all nests) used at French Frigate Shoals and Midway 
Atoll was adopted on Laysan Island as well. An analysis of the nest 
count data from these three regularly monitored colonies at Laysan 
Island, French Frigate Shoals, and Midway Atoll for the years 1998 to 
2009 demonstrates an increasing trend on the order of 0.93 percent per 
year for the three islands combined (ACAP 2010, p. 5, Fig. 2A). 
Individually, the breeding population at Midway increased at an average 
annual rate of 1.3 percent between the years 1992 and 2009 (ACAP 2010, 
p. 7, Table 4). At French Frigate Shoals, the colony for which the 
longest time series of data is available, the number of breeding pairs 
has fluctuated between the years 1980 and 2009, but overall is 
increasing at an average rate of 0.43 percent annually (ACAP 2010, p. 
7, Table 4). Laysan Island, however, has shown a negative trend over 
the years 1998 to 2009, decreasing at an average annual rate of 1.1 
percent (ACAP 2010, p. 7, Table 4). Laysan Island formerly supported 
the largest breeding population of black-footed albatrosses, until it 
was surpassed by Midway Atoll in 2004 (ACAP 2010, p. 6). Figure 3 shows 
the linear trend between 1998

[[Page 62511]]

and 2009 for the number of pairs nesting at French Frigate Shoals, 
Laysan Island and Midway Atoll, individually and combined (taken from 
ACAP 2010, p. 6, Figure 2).
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    These trends are consistent with those reported in a recent status 
assessment of the black-footed albatross conducted by the U.S. 
Geological Survey (Arata et al. 2009, entire). The linear regression 
analysis in that report indicates a significant increasing trend 
between the years 1923 and 2005 for black-footed albatrosses at Midway 
Atoll, Laysan Island, and French Frigate Shoals combined, and no trend 
(stable population) for the more recent time periods examined, from 
1957 to 2005 and 1998 to 2005 (Arata et al. 2009, p. 29, Table 6). The 
divisions in time steps represent the earliest thorough surveys of the 
population in 1923 and 1957, and the beginning of standardized surveys 
at Midway Atoll and Laysan Island in 1998. The authors attribute the 
positive growth in the black-footed albatross population, since 1923, 
to the cessation of poaching at nesting colonies. In addition, they 
state that only the time-series data from French Frigate Shoals are 
long enough to show a potential change over time, and note that this 
population shows positive annual population growth rates with a median 
trend for growth over the next 60 years. However, they also point out 
that French Frigate Shoals represents only a small fraction of the 
global population and advise caution in extrapolating these numbers 
(Arata et al. 2009, p. 50), and we note further that the projected 
growth trend is based on an implicit assumption of no changes in 
conditions.
    Arata et al. (2009) also used matrix models to examine population 
data for the black-footed albatross over the time period 1955 through 
2003. These results, summed across all three colonies at Midway Atoll, 
Laysan Island, and French Frigate Shoals in the Northwestern Hawaiian 
Islands, suggest the black-footed albatross population overall was 
stable or slightly increasing during that time period, with an annual 
population growth rate of 0.3 percent a year (Arata et al. 2009, p. 
46). Although positive, the authors note the observed growth rate of 
1.003 is less than the natural annual growth rate estimate of 1.035 for 
the species. They attribute this difference of 3.2 percent in potential 
population growth to fishery mortality (Arata et al. 2009, p. 46). In 
other words, the data indicate that the black-footed albatross 
population was stable or slightly increasing between 1955 and 2003, but 
that it was increasing at less than its potential annual growth rate. 
Wiese and Smith (2003, pp. 34-35) similarly concluded that the world 
population of black-footed albatross was stable, with an observed 
annual growth rate of 1.005 (based on demographic rates as published in 
Cousins and Cooper 2000 and Lewison and Crowder 2003), but also noted 
the population was growing at less than its estimated

[[Page 62512]]

potential annual growth rate of 1.04 (Wiese and Smith 2003, p. 33). The 
authors cautioned that, although the black-footed albatross population 
appeared to be stable, this reduced annual growth rate renders the 
population vulnerable to changes in their environment, especially in 
conjunction with sustained anthropogenic impacts (Wiese and Smith 2003, 
p. 35).
Japanese Islands
    Breeding populations of black-footed albatross currently occur on 
Izu-Torishima (Torishima) Island in the Izu Islands, on nine islets in 
the Ogasawara islands within the Bonin Island complex, and on three 
islets in the Senkaku Islands (Kawakami et al. 2006, p. 187; Chiba et 
al. 2007, p. 5; Eda et al. 2008, p. 109). Few data are available 
specific to the breeding population of the black-footed albatross in 
Japan. The Western Pacific Regional Fishery Management Council 
(Council) provided us with fledging success estimates for the Ogasawara 
Islands for 2009. The Council reported 801 chicks fledged, which is not 
directly comparable to the 967 nesting pairs in 2006 shown in table 2. 
They extrapolated these fledgling count data to estimate the number of 
nesting pairs, and concluded approximately 1,070 black-footed albatross 
nesting pairs were present on the Ogasawara Islands in 2009, which they 
interpreted as representative of an increase in the population. Because 
of the documented annual variability in nesting activity in black-
footed albatross breeding colonies and lack of other supporting 
information, we believe extrapolation from a single year of fledging 
success data to an increase in the black-footed albatross population 
trend is inappropriate. However, Dr. Hiroshi Hasegawa of Toho 
University in Japan has additionally reported that the number of black-
footed albatross chicks reared on Torishima Island has increased 
steadily between 1957 and 2010 (Figure 4) and that the populations on 
the Ogasawara and Senkaku Islands have also increased (Hasegawa 2010, 
pers. comm.).
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Marshall Islands and Wake Atoll
    Black-footed albatrosses have infrequently been reported on Wake 
Island, a U.S. territory in the Marshall Islands archipelago in the 
central Pacific, an area from which they had been extirpated by feather 
hunters prior to World War II (Rice and Kenyon, 1962a, pp. 379-380; 
Rauzon et al. 2008, pp. 15-16). Although a few birds have occasionally 
been observed nesting on Wake Island, any eggs laid were subsequently 
abandoned, and there have been no reports of black-footed albatross 
fledging here (Rauzon et al. 2008, p. 15). These birds are attempting 
to breed and may be prospecting for future nesting sites on this 
island, but based on the available information, we conclude that at 
present there is no established breeding population of black-footed 
albatrosses on Wake Island or on any island, atoll, or reef in the 
nearby Marshall Islands (see Tables 2 and 3).

[[Page 62513]]

Mexican Islands
    There have been a handful of reports recording intermittent nesting 
activity by black-footed albatrosses on Guadalupe and San Benedicto 
islands in the Revillagigedo Island archipelago off the tip of Baja 
California, Mexico (Pitman and Ballance 2002, p. 13). In 1999, Pitman 
and Ballance (2002, p. 13) recorded a single black-footed albatross 
standing among a group of Laysan albatrosses on Albatross Beach on San 
Benedicto Island. In 2000, they recorded an adult black-footed 
albatross sitting on an egg on the rim of Herrera Crater on San 
Benedicto Island (Pitman and Ballance 2002, p. 13). Also in 2000, but 
on Guadalupe Island, military personnel identified a black-footed 
albatross nesting area that was set apart from the Laysan albatross 
nesting area. They also reported seeing a ``fully-feathered chick'' at 
this same site in 1998, no breeding in 1999, and no breeding in 2000, 
although one pair of birds was reported ``visiting'' the site every 
afternoon in 2000 (Pitman and Ballance 2002, p. 13). Apart from these 
reports, no black-footed albatross have been recorded nesting on either 
San Benedicto or Guadalupe islands in the last 10 years, although they 
have been recorded visiting and possibly prospecting for nesting sites 
on both islands during breeding seasons (Henry 2007, pers. comm.; 
Hebshi 2010, pers. comm.). The International Union for Conservation of 
Nature (IUCN) Red List reports a population of 400 black-footed 
albatross exists on Guadalupe Island (IUCN Red List, http://www.iucnredlist.org). We note this report appears to be in error, as 
there is a known population of approximately 400 Laysan albatross on 
Guadalupe Island, but there are no black-footed albatross. In 
conclusion, at this time, there is no established breeding population 
of black-footed albatross on either San Benedicto Island or Guadalupe 
Island in Mexico, but birds may sporadically nest there and appear to 
be prospecting the islands for potential nesting sites (Naughton 2010, 
pers. comm.).
Population Trends and Projections
    Noticeable declines in nesting activity during the 1990s generated 
concern for the health of the black-footed albatross population, and 
several population modeling efforts were undertaken to evaluate the 
cause of the decline and to estimate the worldwide status of the black-
footed albatross. Cousins and Cooper (2000, entire), Lewison and 
Crowder (2003, entire), Wiese and Smith (2003, entire), Niel and 
LeBreton (2005, entire), Veran et al. (2007, entire), and Arata et al. 
(2009, entire) used the nest count data collected by the Service on 
French Frigate Shoals, Midway Atoll, and Laysan Island, estimates of 
bycatch rates from the domestic and international fisheries, estimates 
of adult survival, and other population parameters to analyze and 
project black-footed albatross population trends. Population 
projections specific to the Japanese breeding colonies of black-footed 
albatross are not available.
    The conclusions regarding future black-footed albatross population 
trends based on these different modeling efforts are not easily 
comparable because of limited or nonexistent empirical data. The 
various researchers consequently had to rely on various assumptions, 
and these assumptions often varied between models, as did the methods. 
In part due to these differences in assumptions, the conclusions 
reached by the various models are not consistent, making it difficult 
to project the future population condition of the black-footed 
albatross with certainty. Here we briefly summarize and evaluate each 
of these efforts.
    Cousins and Cooper (2000, entire) investigated the population 
parameter values available at the time of their analysis, evaluated 
changes in demographic rates such as adult and juvenile survival, and 
modeled effects of longline fishing activity on the black-footed 
albatross. They reported a mean adult survivorship rate of 0.923 (range 
0.81-0.994) over the years 1961 to 1966, based on data from Midway 
Atoll, and stated that this estimate of adult survival was based on 
data collected when the Hawaii-based longline fishing fleet represented 
only a small fraction of the north Pacific fishing effort (Cousins and 
Cooper 2000, p. iv). They also noted that this adult survivorship rate 
may be an underestimate (Cousins and Cooper 2000, p. 50). They 
estimated more recent adult survivorship, based on the years 1991-1997, 
as in the range of 0.90-0.94 (Cousins and Cooper 2000, p. 50).
    According to a predictive model that estimated the annual 
population growth rate based upon varying levels of mortality and adult 
and juvenile survival rates, Cousins and Cooper (p. 53) found black-
footed albatross population trends were more sensitive to changes in 
survival than fecundity, and reported juvenile survival has to be 86 
percent or higher to prevent a population decrease, assuming adult 
survivorship of 0.93 and fecundity of 0.25 fledglings per adult (note 
that this model utilized a combination of experimental rates from 
black-footed albatrosses and Laysan albatrosses, since data for black-
footed albatrosses were limited at the time). However, the most recent 
values for black-footed albatross survivorship (adult survivorship 
0.967 and juvenile survivorship 0.993; Arata et al. 2009, p. 47) are 
higher than those for Laysan albatrosses, which were used in their 
models (adult survivorship 0.947 and juvenile survivorship 0.57; 
Cousins and Cooper 2000, p. 49).
    Their models indicated the potential annual growth rate of the 
black-footed albatross population, without any bycatch loss, is in the 
range of 0 to 4 percent (annual growth rate, or lambda ([lambda]) of 
1.0 to 1.04) (Cousins and Cooper 2000, p. 56). In addition, they 
developed an estimate of potential biological removal--the maximum 
mortality that can be sustained before declines are observed--as 10,000 
birds per year (Cousins and Cooper 2000, p. 57). Based on anecdotal 
evidence, they report the interactions of Japanese fisheries with 
black-footed albatross as insignificant (H. Hasegawa, Toho Univ., pers. 
comm., as cited in Cousins and Cooper 2000, p. 67). The demographic 
parameters and modeling efforts presented by Cousins and Cooper (2000, 
entire)) serve as the basis for some of the predictive models developed 
by several later researchers.
    Lewison and Crowder (2003, entire) developed an age-structured 
matrix model. They based their longline fishing bycatch rates on 
published rates for the Hawaii and Alaska fisheries, and estimated 
annual fishing effort by international longline fleets (Lewison and 
Crowder 2003, pp. 774-746). Since their baseline population model was 
based on the demographic parameters reported by Cousins and Cooper 
(2000), the authors state that ``double-dipping'' (adding estimated 
fisheries bycatch to a demographic rate that already reflects mortality 
from fisheries) was not likely, based on their stated assumption that 
significant fisheries mortality was not occurring during the time 
period when the data used by Cousins and Cooper were collected (mid-
1970s; Lewison and Crowder 2003, p. 747). The authors assigned three 
levels of mortality and age-based survival probabilities to evaluate 
the effect of longline fishing on the black-footed albatross. 
Population trajectories under all mortality levels resulted in 
projected declines over a 20-year period (Lewison and Crowder 2003, p. 
748). According to these models, mortality from longline fishing 
exceeded the potential biological removal value developed by Cousins 
and Cooper (2000) (Lewison and Crowder 2003, p. 748).

[[Page 62514]]

    The authors stated their estimates are likely conservative, since 
the reported bycatch estimates do not include the estimated 30 percent 
of birds caught in fishery operations that are scavenged or dislodged 
from the hooks prior to observation, and are, therefore, not counted as 
bycatch (Lewison and Crowder 2003, p. 751). In addition, they pointed 
out that due to the life-history characteristics of the black-footed 
albatross--longevity, delayed maturity, low fecundity--there is a lag 
in population response, and the impact of threats that may cause 
declines in adult survival may not be detectable for many years 
(Lewison and Crowder 2003, p. 751). The authors concluded that although 
declines had not been observed, the bycatch rates for black-footed 
albatross suggested population-level effects were likely (Lewison and 
Crowder 2003, p. 751).
    Wiese and Smith (2003, pp. 29-31) also estimated black-footed 
albatross annual growth rates using an age-structured matrix model 
based on the published demographic parameters of Cousins and Cooper 
(2000) and Lewison and Crowder (2003, Table 1). However, unlike Lewison 
and Crowder (2003), they assumed incidental fishing mortality was 
already incorporated in the adult survival rate, based on their 
observation that longline fishing has occurred in the north Pacific 
since the mid-1900s, and thus would have been in place when the data 
serving as the basis for calculating that adult survival rate were 
collected (Wiese and Smith 2003, p. 30). Wiese and Smith's estimate of 
a potential annual growth rate of 1.04 in the absence of fisheries 
mortality is identical to the estimate presented by Cousins and Cooper 
(2000, p. 56). Wiese and Smith's results showed the population was 
stable with a stochastic annual intrinsic growth rate of 1.005 (range 
0.990-1.018), and projected annual population growth rates of 0.98-1.04 
percent over a period of 20 years based on known demographic values at 
the time of their analysis (Wiese and Smith 2003, p. 33 and Figure 4), 
indicating a stable population.
    In addition, the authors found their model successfully fit real 
data (COSEWIC 2007, p. 29). Wiese and Smith (2003, p. 35) pointed out 
data collected during breeding bird censuses since 1992 and subsequent 
population projections do not support the projected decline that served 
as the basis for the IUCN designation of black-footed albatross as a 
vulnerable species (upgraded to ``endangered'' by the IUCN in 2003). 
However, they also emphasized the decreased annual population growth 
rate of the black-footed albatross, reduced below its maximum 
potential, renders the species vulnerable to additional stressors, even 
if the species is currently abundant, and they stressed the need for 
careful monitoring of colonies and the use of bycatch reduction 
measures in Canadian and international longline fisheries.
    Niel and Lebreton (2005, entire) developed a model to estimate the 
annual maximal growth rate of a species from incomplete demographic 
data and used the black-footed albatross as a case study. They applied 
the population parameters developed by Cousins and Cooper (2000, 
entire) in their model and calculated a maximal annual growth rate of 
1.059 (Niel and Lebreton 2005, p. 833). Additionally, they calculated 
the potential excess growth (used as an estimate of the maximum 
additional mortality the population could sustain on an annual basis 
without declining) of the population as 8,850 individuals. (It should 
be noted that Niel and Lebreton (2005) utilized the population 
parameters for the Laysan albatross presented in Cousins and Cooper 
(2003, p. 49; breeding age of 8.6 years and adult survivorship of 
0.947) rather than those specific to the black-footed albatross, since 
Cousins and Cooper used the parameters for the Laysan albatross in 
their initial modeling efforts in the absence of data for the black-
footed albatross (Cousins and Cooper 2000, p. 49)). It is not clear why 
they did so, since Cousins and Cooper (2000, p. 47) did provide an 
adult survivorship estimate specific to black-footed albatross, but it 
may be because Cousins and Cooper (2000, p. 50) believed their data 
likely underestimated adult survivorship of black-footed albatross. 
More recent estimates of black-footed albatross adult survivorship are 
0.967 for the time period 1994-2002 (Arata et al. 2009, p. 47), 
slightly greater than the estimate of 0.947 for Laysan albatross used 
by Niel and LeBreton (2005)). Based on their calculations, Niel and 
LeBreton (2005, p. 833) concluded the additional mortality associated 
with the longline fishery, based on an estimated mortality of 12,000 
individuals a year during the 1990s, has a biologically significant 
impact on the growth potential of the black-footed albatross 
population.
    Lacking reliable estimates of bycatch rates, Veran et al. (2007, 
entire) developed a model to quantify the relationship between 
albatross populations and longline fishing by using capture-recapture 
data to develop survival estimates, and investigated the relationship 
between fishing effort and black-footed albatross adult survival using 
principal components analysis. One of the key assumptions of their 
model was that the level of bycatch is proportional to fishing 
pressure; thus, they assumed mitigation measures were not in place to 
reduce incidental mortality from fisheries (Veran et al. 2007, p. 4). 
Their adult survivorship estimates were based on capture-recapture data 
gathered between the years 1992-2003 on Tern Island in the Northwestern 
Hawaiian Islands (Veran et al. 2007, p. 3). Their results suggested a 
significant negative relationship between adult survival and fishing 
effort (Veran et al. 2007, p. 1). When fishing effort was high, adult 
survival was estimated to be 92 percent, which the authors described as 
low compared to other albatross species, and adult survival was related 
to fishing effort in a nonlinear fashion (Veran et al. 2007, pp. 5-7). 
Inspection of the adult survivorship data presented for 17 albatross 
species shows that Veran et al.'s estimated 0.92 survivorship of the 
black-footed albatross is on the borderline between those albatross 
species that were categorized as being impacted by fisheries (range 
0.84 to 0.91) and those not impacted by fisheries (range 0.926 to 0.98) 
(Veran et al. 2007, Appendix S2). The authors estimated annual adult 
survival of black-footed albatross would be approximately 95 percent in 
the absence of fishing mortality (Veran et al. 2007, p. 8).
    Veran et al. (2007, p. 9) concluded the low adult survival 
probability during the study period, combined with the significant 
correlation with longline fishing, suggests an anthropogenically 
induced decline for the black-footed albatross population. However, 
their only reference to evidence of any decline in the breeding 
population is a citation to unpublished data from the Service for the 
years 1992 to 2004 (Veran et al. 2007, p. 2); we note that more recent 
Service data for 1998 to 2009 indicate the black-footed albatross 
population is not in decline, but is stable or increasing at a rate of 
0.93 percent a year (95 percent confidence interval (CI) 0.85 to 1.00; 
ACAP 2010, p. 5). (The Service used data from 1998 through 2009 because 
it reflects direct counts of breeding black-footed albatross on Laysan; 
we considered data from 1992 through 1998 less reliable as it reflects 
only estimates of breeding numbers, with resulting wide margins of 
error). In conclusion, Veran et al. (2007, p. 9) stressed the 
importance of efficient mitigation measures to reduce incidental 
mortality and maintain a sustainable survival probability for the 
black-footed albatross.

[[Page 62515]]

    Arata et al. (2009) conducted a status assessment of the black-
footed albatross, evaluated current population trends using linear 
regression and matrix models (both discussed above under ``Current 
Population Status''), and projected future trends using population 
viability analyses (PVA), assuming current conditions but incorporating 
environmental and demographic stochasticity. The authors based their 
analyses on counts of nesting birds from Midway Atoll, Laysan Island, 
and French Frigate Shoals in the Northwestern Hawaiian Islands; counts 
were available for 11 years: 1923, 1957, 1992, and 1998-2005 (Arata et 
al. 2009, p. 77). The survivorship rates presented and utilized by 
Arata et al. (2009, p. 47) were higher than those reported in earlier 
studies; for the years 1994 to 2002, they calculated an adult 
survivorship rate of 0.967 (compared to 0.926 for the years 1963 to 
1982, and 0.892 for the years 1983 to 1993) and a juvenile survivorship 
rate of 0.993 (compared to 0.688 for 1963 to 1982 and 0.668 for 1983 to 
1993). These rates suggest that both adult and juvenile survivorship 
may have increased from the mid-1990s to 2002, the last year covered in 
the survivorship estimates.
    Arata et al. (2009, p. 46) estimated total fishery bycatch, 
including international fisheries, at 5,228 birds per year in 2005 and 
found this was within the mortality level that can be sustained by the 
black-footed albatross population without causing a decrease (Arata et 
al. 2009, p. 46). Their calculated maximum potential biological removal 
rate was 11,980 birds per year (range 10,579-12,796) (Arata et al. 
2009, p. 47). All of their model scenarios indicated that when both the 
pelagic longline and pelagic driftnet fisheries were active during the 
1980s the incidental mortality of black-footed albatross exceeded the 
potential growth capacity for the species (Arata et al. 2009, Figure 4, 
p. 15), and they concluded that the closure of the high seas pelagic 
driftnet fishery in 1992 was critical to preventing further population 
declines for the black-footed albatross (Arata et al. 2009, p. 46). In 
terms of the current conditions, the authors advised caution in 
interpreting results because there is such great uncertainty in the 
bycatch estimates and suggested that if the estimated bycatch level is 
doubled as a conservative safeguard for potentially underestimating 
bycatch, the resulting value approaches the potential biological 
removal maximum, and the upper 95-percent confidence limit exceeds that 
value (Arata et al. 2009, pp. 46, 51).
    Although Arata et al. (2009, p. 51) stated that fishery bycatch 
``may be causing a decrease in black-footed albatross populations,'' it 
is not clear how they arrived at that conclusion since they offer no 
evidence of a population decrease, and their conclusions point to 
rangewide populations being stable or increasing for their period of 
analysis. We assume the authors meant that, given the uncertainty in 
bycatch estimates, a population decline might be expected if the worst-
case scenario were realized and bycatch was actually twice as much as 
the estimate they used (see, for example, the discussion regarding the 
uncertainty of bycatch estimates, particularly with regard to 
international longline fisheries, on p. 67 of Arata et al. 2009). 
Individual PVAs showed breeding colonies on Midway Atoll and French 
Frigate Shoals are stable or increasing, with projected annual 
population growth rates of 1.5 percent (95 percent CI 1.1 to 1.9) and 1 
percent (CI 0.8 to 1.2) a year, respectively (Arata et al. 2009, pp. 
39, 41). In contrast, the population on Laysan Island is declining, 
with a negative annual growth rate of 1.3 percent (CI -1.7 to -0.9) per 
year (Arata et al. 2009, p. 41).
    Projections of future trends for all three colonies showed a high 
degree of uncertainty, with high probabilities of colonies both 
increasing and decreasing in the future, although in most cases the 
probability of future increases is greater than the probability of 
future decreases (Arata et al. pp. 39-45, 51). The authors concluded 
that, under conditions present in 2005, the black-footed albatross 
population is not at risk of a substantial decrease over the next 60 
years (Arata et al. 2009, p. 50). Overall, the decreases at Laysan 
Island appear to be offset by the positive growth observed at Midway 
Atoll and French Frigate Shoals, resulting in the overall stable or 
positive trend.
    Arata et al. (2009, p. 50) reported that the assumption of zero 
bycatch prior to 1970, as assumed by the previous analyses of Cousins 
and Cooper (2000) and Lewison and Crowder (2003), is not supported by 
their model (Arata et al. 2009, p. 46). They questioned the key 
assumption in the Lewison and Crowder (2003) model that led to the 
prediction of a rapid population decline for the black-footed albatross 
over the 60 years following their analysis, namely the assumption that 
there was no effect of fishery bycatch on adult survivorship at the 
time the data were gathered that served as the basis for demographic 
parameter estimates, in the 1960s and 1970s. Arata et al. (2009, p. 50) 
report that fishery effort data from the Ocean Fisheries Program 
indicate that fishery bycatch was in fact most likely significant 
during this time period (see Arata et al. 2009, Figure 4, p. 15). If 
so, this would result in analyses such as those of Cousins and Cooper 
(2000) and Lewison and Crowder (2003) having inadvertently doubled the 
impact of fisheries bycatch, since bycatch effects would already be 
reflected in the survivorship rates used, but mortality from bycatch 
was then additionally imposed on the population in the models. This 
inadvertent doubling of bycatch effects would account for the 
prediction of particularly rapid population decreases. Arata et al. 
(2009, p. 79) point out the nonindependence between survival estimates 
and fishery bycatch levels since the pelagic fishery started in 1952, 
and caution that survival estimates affected by fishery mortality used 
in previous population assessments may have significantly influenced 
results.
    We additionally received comments during the information 
solicitation period indicating this possible double-counting of 
fisheries mortality in the Lewison and Crowder (2003) model, and 
pointing out that it would have resulted in erroneous predictions of 
sharp population decline (e.g., Harrison 2008, pers. comm., p. 9). More 
importantly, perhaps, we received a communication from the senior 
author of the Lewison and Crowder (2003) analysis, in which Dr. Rebecca 
Lewison points out that their paper had illustrated population-level 
trajectories for the black-footed albatross if bycatch levels remained 
constant and bycatch was unmitigated, and assuming the bycatch levels 
observed in the Hawaii fishery from 1994 to 2000 would continue over 
the 60 year time period of the projection. ``This assumption has 
already been shown to be false,'' Dr. Lewison stated, ``There have been 
several NOAA regulations from 2001-2004 which have included initial and 
revised mitigation device requirements, improved performance 
specifications of mitigation devices, and spatial/temporal fishing 
closures. It is clear that mortality levels have dropped dramatically 
as a result'' (Lewison 2007, pers. comm., p. 2). An accurate 
understanding of the Lewison and Crowder (2003) model has important 
consequences, as the severe population declines projected by that 
particular model led, at least in part, to the IUCN changing the status 
of the black-footed albatross from ``vulnerable'' to ``endangered'' in 
2003 (IUCN 2011), a change which further played a key role in spurring 
the original petition to list the species under

[[Page 62516]]

the Act (EarthJustice 2004, p 2). The IUCN change in classification 
also apparently served as the basis for NatureServe to change the 
ranking of the black-footed albatross from G5 (globally secure) to G3/
G4 (vulnerable) (NatureServe 2011).
    Subsequent modeling efforts have produced different results. The 
modeling by Arata et al. (2009, pp. 50-51), which accounted for bycatch 
impacts in the observed demographic rates utilized in the models (Arata 
et al. 2009, p. 79), did not project future declines in the black-
footed albatross population. Wiese and Smith (2003, p. 30) likewise 
considered that the black-footed albatross had sustained mortality in 
the northeastern Pacific fisheries since the 1970s, and, therefore, 
considered the survival rate data collected during that time to 
represent a population already affected by incidental mortality due to 
fisheries; their model also did not support projections of a population 
decline (Wiese and Smith 2003, p. 35). We consider these models to 
provide more accurate projections of future population trends in the 
black-footed albatross since they avoid the issue of double-counting 
mortality from fisheries bycatch. However, it appears the conservation 
status of the black-footed albatross has not yet been updated in light 
of this new information by either NatureServe (2011; population trend 
information cites to IUCN 2000) or the IUCN, although the IUCN does 
note that its current categorization of the black-footed albatross is 
likely to be revisited pending the outcome of a review of the species' 
population status (IUCN 2011).
    Population-level estimation of demographic parameters in black-
footed albatrosses has proved difficult because of multiple factors, 
including band loss and variation in capture-recapture efforts (Doherty 
et al. 2006, pp. 175-176). Until recently, the population monitoring 
program in the Hawaiian Islands consisted only of annual counts of 
breeding birds in three colonies at French Frigate Shoals, Midway 
Atoll, and Laysan Island. The program did not account for the 
proportion of nonbreeding birds in a year. A change in the count data 
from year to year could, therefore, reflect either a change in the 
total breeding population size or a change in the proportion of birds 
returning to breed in a given year (Naughton et al. 2007, p. 15).
    The Service has contracted with USGS's Patuxent Wildlife Research 
Center to review the black-footed albatross monitoring program 
implemented by the Service in the Northwestern Hawaiian Islands. A 
pilot study has been undertaken that is expected to provide information 
on adult survival, probability of a breeder skipping a year, and 
reproductive success (Arata et al. 2009, p. 21; Naughton 2009, pers. 
comm.). These parameters are important for refining demographic models 
and determining population trends.
Summary Evaluation of Population Status and Trend Data
    Following the end of feather hunting at nesting colonies, the world 
population of the black-footed albatross recovered from an estimated 
low of 17,800 breeding pairs in Hawaii and 200 breeding pairs in Japan 
in the early 1920s (Arata et al. 2009, p. 35) to an estimate of 64,031 
breeding pairs in Hawaii and 3,184 breeding pairs in Japan as of 2010 
(ACAP 2010, Table 3, p. 4; Flint 2011a, pers. comm.). Our evaluation of 
the best available scientific data indicates the world population of 
the black-footed albatross is currently stable or slightly increasing, 
although population growth is below its potential maximum, likely due 
to the impact of incidental bycatch in fishery operations (Wiese and 
Smith 2003, p. 35; Niel and Lebreton 2005, p. 833; Arata et al. 2009, 
p. 46). In the Hawaiian Islands, home to an estimated 95 percent of the 
breeding population of the black-footed albatross, a decrease in the 
number of breeding pairs on Laysan Island appears to be offset by 
increases at Midway Atoll and French Frigate Shoals, resulting in an 
overall positive trend and an increase of 0.93 percent annually for 
these three areas combined for the years 1998 through 2009 (ACAP 2010, 
p. 5). The nearly 40 percent reduction in the size of the colony on 
Laysan Island since the late 1950s (ACAP 2010, p. 7), however, does 
indicate cause for concern, as well as the need for further research to 
determine the underlying cause of this decline. In Japan, indications 
are that the number of breeding pairs has steadily increased over time 
(Cousins and Cooper 2000, p. 23; Arata et al. 2009, p. 39; Hasegawa 
2010, pers. comm.).
    There is little doubt that incidental mortality from fisheries had 
a significant negative impact on black-footed albatross populations in 
the past (Niel and Lebreton 2005, p. 833; Arata et al. 2009, p. 46), 
and recent analyses demonstrate a significant negative relationship 
between black-footed albatross survivorship and fisheries effort (Veran 
et al. 2007, p. 1). Examination of estimated bycatch data over the past 
50 years shows high numbers of black-footed albatrosses killed in the 
pelagic driftnet and longline fisheries, peaking with 15,290 birds in 
1961 and again with 16,215 birds in 1988 (Arata et al. 2009, p. 14). 
Past bycatch estimates ranged generally between approximately 6,000 and 
10,000 birds a year, often exceeding the maximum potential biological 
removal value estimated for the black-footed albatross (Arata et al. 
2009, Figure 4, p. 15; p. 46). However, mortality of black-footed 
albatrosses was greatly reduced following the closure of the high seas 
driftnet fishery by a United Nations resolution in 1992 (ACAP 2010, p. 
12) and implementation of regulatory bycatch measures in U.S. longline 
fleets in 1997 and 2002 (Arata et al. 2009, p. 14, Figure 4; Moore et 
al. 2009, p. 444, Figs. 3A and 3B). Bycatch of black-footed albatrosses 
in the Hawaii-based pelagic longline fishery has decreased from over 
1,300 birds taken annually in 1999 and 2000 to less than 100 in 2007 
(annual report on seabird interactions and mitigation efforts in the 
Hawaii longline fishery for 2007, Administrative Report, U.S. Dept. of 
Commerce, NOAA, NMFS, PIRO, April 2008). The increased survivorship 
probabilities observed for both adult (0.967) and juvenile (0.993) 
black-footed albatross since these measures have been in place, for the 
years 1994-2002, may reflect this significant reduction in mortality 
(Arata et al. 2009, p. 47).
    Attempts to project the future condition of the black-footed 
albatross population have produced inconsistent results. However, some 
of the past models that suggested incidental mortality from fisheries 
bycatch may exceed the level that can be sustained by the black-footed 
albatross population were based on demographic data gathered prior to 
both the high-seas driftnet moratorium (1992) and to regulatory bycatch 
reduction measures implemented in U.S. fisheries (1997, 2002) (e.g., 
Cousins and Cooper 2000). It is not known what these models might 
project under current conditions, as these bycatch reduction measures 
have resulted in a significant decrease in incidental mortality of 
albatrosses (American Bird Conservancy 2008, pp. 7-9; Awkerman et al. 
2008; Arata et al. 2009, pp. 14, 46; Moore et al. 2009, p. 444; ACAP 
2010, p. 12).
    The model of Lewison and Crowder (2003) assumed bycatch mortality 
was constant, and the model of Veran et al. (2007) assumed no bycatch 
mitigation measures were in place; neither of these assumptions are met 
under present conditions since effective bycatch reduction measures 
have been put in place in the U.S. fleets (acknowledging the level of 
bycatch in international

[[Page 62517]]

fleets remains unknown and knowledge of bycatch in the U.S. North 
Pacific fleets is imperfect). That these assumptions are now known to 
be false has been acknowledged (Lewison 2007, pers. comm., p. 2). In 
addition, the studies of Cousins and Cooper (2000) and Lewison and 
Crowder (2003) appear to have used demographic parameters based on a 
potentially erroneous assumption of zero bycatch at the time the data 
on survivorship values were collected, resulting in likely exaggerated 
predictions of rapid population declines when mortality from bycatch 
was added to demographic rates that already reflected ongoing bycatch 
at the time the data were collected (Arata et al. 2009, p. 46). When 
bycatch mortality is considered to be already reflected in the 
survivorship parameters utilized, models project stable or slightly 
increasing populations of the black-footed albatross (Wiese and Smith 
2003, p. 24; Arata et al. 2009, pp. 50-51).
    We have evaluated the various predictive models for the black-
footed albatross, and agree with Arata et al. (2009, p. 50) that the 
model of Lewison and Crowder (2003, entire) most likely overestimated 
bycatch impacts by adding mortality from fisheries bycatch on 
demographic parameters that already reflected bycatch impacts. This 
inadvertent doubling of the mortality rate from bycatch would have 
resulted in the projection of precipitous population declines for the 
species. We base our conclusion on the data from the Ocean Fisheries 
Program presented in Figure 4 of the report of Arata et al. (2009, p. 
15), which shows significant levels of bycatch mortality of black-
footed albatrosses from commercial fisheries occurring from the mid-
1950s through the early 1990s. It follows that demographic parameters 
based on data collected during the mid-1970s, used by Lewison and 
Crowder (2003, p. 747) in their efforts, would have reflected ongoing 
levels of bycatch at that time.
    Other models based on the assumption that bycatch mortality is 
already reflected in demographic data collected during this time period 
(and, therefore, did not incorporate further bycatch effects into 
simulations) project future black-footed albatross populations to be 
relatively stable or even slightly increasing in size under conditions 
present at the time of the analyses (Arata et al. 2009, pp. 46, 50-51; 
Wiese and Smith 2003, p. 35). Although stable, the results of these 
models also show that black-footed albatross populations are growing at 
less than their potential growth rate, most likely due to bycatch 
mortality (Arata et al. 2009, pp. 46, 50-51; Wiese and Smith 2003, p. 
35). Because the models of Wiese and Smith (2003, entire) and Arata et 
al. (2009, entire) avoid double-counting mortality from fisheries 
bycatch, we consider them to provide the most reliable projections of 
population trends for the black-footed albatross.
    All studies we examined acknowledged the vulnerability of the 
black-footed albatross to bycatch mortality, and all indicated that 
declines may occur in the future if bycatch levels are greater than 
estimated (e.g., Arata et al. 2009, p. 47). At this point in time, 
however, we do not see any evidence that the black-footed albatross 
population is in decline, and current data suggest recent bycatch 
reduction measures have been effective in increasing survivorship 
(Arata et al. 2009, p. 65). Advances in avoiding seabird bycatch 
include methods such as the use of streamer lines, which are found to 
reduce incidental mortality of albatrosses by nearly 100 percent 
(Melvin et al. 2006, p. 4). Other seabird avoidance measures under 
evaluation include, but are not limited to, side setting, night 
setting, underwater setting, towing buoys, using heavier branch line 
weights, and dying bait (e.g., Gilman et al. 2005, Table 1, pp. 40-41; 
Gilman et al. 2008, p. 12). Such measures are now required in most U.S. 
fisheries (some smaller vessels are exempted; for details, see the 
discussion under Factor D ``The Inadequacy of Existing Regulatory 
Mechanisms,'' below).
    Although the conservation measures implemented thus far have been 
highly effective in reducing the incidental mortality of black-footed 
albatrosses (Arata et al. 2009, pp. 14, 46; Moore et al. 2009, p. 444; 
ACAP 2010, p. 12), great uncertainty surrounds the actual level of 
bycatch from international longline fisheries, and the true impact of 
those fisheries is currently unknown (Arata et al. 2009, p. 47). On the 
whole, however, the demonstrated effectiveness of current bycatch 
mitigation measures, where mandated, in conjunction with: (1) 
Indications that past models predicting severe declines may have 
inadvertently overestimated the impacts of fishery bycatch or operated 
under assumptions that are now known to be false; (2) analyses that 
show populations are collectively stable or increasing; and (3) recent 
modeling that projects no substantial decreases over the next 60 years 
if current mitigation measures remain in place (and assuming 
continuation of other conditions present in recent years), all lead us 
to the conclusion that black-footed albatross numbers are stable at 
present rangewide, in the Hawaiian Islands and in the Japanese Islands.

Summary of Factors Affecting the Species Throughout Its Range

    Section 4 of the Act (16 U.S.C. 1533) and implementing regulations 
(50 CFR part 424) set forth procedures for adding species to the 
Federal Lists of Endangered and Threatened Wildlife and Plants. 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) of the 
Act:
    (A) The present or threatened destruction, modification, or 
curtailment of its habitat or range;
    (B) Overutilization for commercial, recreational, scientific, or 
educational purposes;
    (C) Disease or predation;
    (D) The inadequacy of existing regulatory mechanisms; or
    (E) Other natural or manmade factors affecting its continued 
existence.
    Listing actions may be warranted based on any of the above threat 
factors, singly or in combination.
    In considering those factors that might constitute threats, we must 
look beyond mere exposure of the species to the factor to determine 
whether the species responds in a way that causes actual impacts to the 
species. If there is exposure to the factor, but no response, or only a 
positive response, that factor is not a threat. If there is exposure 
and the species responds negatively, the factor may be a threat, and we 
then attempt to determine how significant that threat may be. All 
species face some degree or source of threat. We consider a threat to 
be ``significant'' if that threat may drive or contribute to the risk 
of extinction of the species such that the species warrants listing as 
threatened or endangered as those terms are defined by the Act. The 
mere identification of factors that could impact a species negatively 
is not sufficient to compel a finding that listing is appropriate. We 
require evidence that these factors are operative threats that act on 
the species to the point that the species meets the definition of 
endangered or threatened under the Act; that is, the species is 
presently in danger of extinction throughout all or a significant 
portion of its range (endangered), or is likely to become endangered 
within the foreseeable future (threatened).
    In making this finding, we have considered and evaluated the best 
available scientific and commercial information, including information 
received in response to our 90-day finding (72 FR 57278, October 9, 
2007) and received or acquired in response to

[[Page 62518]]

our August 26, 2009, notice (74 FR 43092) reopening the information 
collection period. Below we summarize the information regarding the 
status and threats to the black-footed albatross across the range of 
the species in relation to the five factors in section 4(a)(1) of the 
Act.

Factor A. The Present or Threatened Destruction, Modification, or 
Curtailment of Its Habitat or Range

    As with other members of the family Diomedeidae, black-footed 
albatrosses feed offshore or pelagically, and return to land only to 
breed. In this section, we describe and evaluate various conditions in 
relation to the present or threatened destruction, modification, or 
curtailment of the marine and terrestrial habitats and range of the 
black-footed albatross, including: Military activities; volcanic 
activity; natural gas development; invasive plant species; and 
conditions related to climate change, including sea level rise and 
coastal inundation, tropical storm frequency and intensity, impacts to 
marine productivity, and ambient temperature. Each of these topics is 
discussed in relation to the two breeding populations (Hawaiian Islands 
and Japanese Islands) that collectively constitute the entire breeding 
range of the species.
Military Activities
    Historical occupation by armed forces on islands important to 
black-footed albatross breeding populations occurred during much of the 
twentieth century, mostly associated with World War II. Activities 
associated with warfare and development of military infrastructure 
throughout black-footed albatross breeding habitat, including the 
intentional modification of breeding habitat to reduce albatross 
nesting activity, negatively impacted albatross colony size in the past 
(Rice and Kenyon 1962b, p. 384). However, little information exists 
with which to deduce the original size of the black-footed albatross 
colonies on these islands because there were very few early 
quantitative studies.
    Northwestern Hawaiian Islands. French Frigate Shoals and Midway, 
Kure and Johnston atolls all supported armed forces stations or 
sustained military activities during World War II (Rice and Kenyon 
1962b, pp. 366-378). In addition to the obvious disruptive impact of 
active warfare during that time, black-footed albatross populations 
were severely diminished by the development of military bases that led 
to loss and degradation of nesting habitat and large-scale albatross 
eradication programs intended to reduce interference of the birds with 
aircraft operations (Arata et al. 2009, p. 17; ACAP 2010, p. 6). By 
1996, management of nearly all of the Northwestern Hawaiian Islands was 
transferred to the jurisdiction of the Service, and active military 
impacts had ceased. The black-footed albatross' breeding sites on 
Midway Atoll National Wildlife Refuge (NWR), as well as Pearl and 
Hermes Reef; Lisianski, Laysan, Necker, and Nihoa islands; and French 
Frigate Shoals, which are part of the Hawaiian Islands NWR, are now all 
protected from human-related habitat modification or destruction 
because these islands are under the jurisdiction of the Service's NWR 
system.
    The mission of the NWR System is to administer a national network 
of lands and waters for the conservation, management, and where 
appropriate, restoration, of the fish, wildlife, and plant resources 
and their habitats within the United States for the benefit of present 
and future generations of Americans (U.S. Fish and Wildlife Service 
(USFWS) 2009b). Management of Kure Atoll was transferred from the U.S. 
Coast Guard to the State of Hawaii in 1993. Breeding sites for the 
black-footed albatross on Kure Atoll are protected from human-related 
habitat modification or destruction because this atoll now is a State 
wildlife sanctuary and is managed by the Hawaii Department of Land and 
Natural Resources (HDLNR) for the conservation and protection of 
indigenous wildlife, including seabirds (Hawaii Administrative Rules 
Title 13, Subtitle 5, Part 2, Chapter 125, sections 1-7). Further 
military impacts to black-footed albatross breeding habitat are 
unlikely in light of the transfer of the military lands to the Service 
and State, as described above.
    Future military activity on these lands is further constrained by 
the 2006 establishment of the Northwestern Hawaiian Islands Marine 
National Monument (renamed Papahanaumokuakea Marine National Monument 
(PMNM) in 2007), which encompasses all of the islands, atolls, reefs, 
shoals, banks, and seamounts from 50 mi (80 km) east of Nihoa Island to 
50 mi (80 km) west of Kure Atoll, and waters 50 mi (80 km) on either 
side of the lands. The co-trustees of the area are the Department of 
the Interior through the Service; the Department of Commerce through 
the National Oceanic and Atmospheric Administration (NOAA); and the 
State of Hawaii through the HDLNR. PMNM management is also accomplished 
in coordination with the State Office of Hawaiian Affairs. Within the 
boundary of the PMNM are two National Wildlife Refuges: Hawaiian 
Islands NWR and Midway Atoll NWR; the State Seabird Sanctuary at Kure 
Atoll; the State Marine Refuge; and the Northwestern Hawaiian Islands 
Coral Reef Ecosystem Reserve. Current uses are limited primarily to 
management activities by jurisdictional agencies, research, education, 
Native Hawaiian practices, a small-scale commercial bottomfishing and 
pelagic trolling operation, and a small number of recreational trips 
and visits to historical sites at Midway Atoll. Although military 
activities are not expressly prohibited within PMNM, the management 
regulations do require that all activities and exercises of the Armed 
Forces shall be carried out in a manner that avoids adverse impacts on 
monument resources and qualities, to the extent practicable and 
consistent with operational requirements (71 FR 51138; August 29, 
2006). We have no reason to anticipate any active military operations 
within the PMNM.
    Kaula Island and Lehua Island. Kaula Island has been under U.S. 
Navy control since 1965 and is still used for munitions training. In 
1977, Kaula Island was designated a State Seabird Sanctuary by the 
State of Hawaii (U.S. Navy 2009, unpubl.). Currently the Navy uses the 
southeastern portion of the Kaula Island for inert ordnance and gunnery 
activities, and it was previously used as a practice range for air-to-
surface and surface-to-surface weapons delivery. Black-footed 
albatrosses have been observed on Kaula Island as recently as 1998 
(USFWS 2009a; U.S. Navy 2009, unpubl.), but the last breeding data 
collected from a 1993 survey reported a breeding population of only 
three pairs (ACAP 2010, p. 4). Because of concerns regarding bird-
aircraft hazards and unexploded ordnance, access to the island for bird 
surveys or management has been denied (U.S. Navy 2009, unpubl.). Lehua 
Island is administered by the U.S. Coast Guard and managed by the State 
of Hawaii as a State Seabird Sanctuary. No current military activities 
occur on this island, and none are anticipated.
    Japanese Islands. Torishima Island has been a protected national 
natural monument since 1965, when it was still under U.S. authority, 
and can be visited only by research scientists with special permission. 
In the Ogasawara Islands, Muko-jima is known to have been occupied 
during World War II by a Japanese garrison that presumably ``wiped 
out'' whole bird colonies for use as a food source (Austin 1949, pp. 
290-291). The Senkaku Islands were used by the U.S. Navy as maneuver 
areas.

[[Page 62519]]

Following World War II, all of the western Pacific islands were 
controlled by the United States. However, in 1972, all of the islands 
were returned to Japan, although Taiwan and the People's Republic of 
China (China) both claimed sovereignty to the Senkaku Islands, and this 
is still under dispute (Senkaku Islands 2009).
    Natural reoccupation or recolonization by black-footed albatrosses 
since World War II has occurred on Torishima Island, the Ogasawara 
Islands (Muko-jima Island and Haha-jima Island), and the Senkaku 
Islands (Arata et al. 2009, p. 39). The Ogasawara Islands are now part 
of Japan's Ogasawara National Park, and current protective management 
of the islands likely precludes future military activities.
    In summary, significant military activity is not currently taking 
place anywhere within the range of the black-footed albatross, and we 
have no reason to anticipate any increase in future military activity. 
Therefore, military activity does not pose a threat to the black-footed 
albatross in relation to the present or threatened destruction, 
modification, or curtailment of its habitat or range rangewide, in the 
Hawaiian Islands, or in the Japanese Islands.
Volcanic Activity
    Within the nesting range of the black-footed albatross, volcanic 
activity in historical times is recorded only from Torishima Island, 
where a 1903 volcanic eruption occurred during the nonbreeding season 
for several species of albatrosses, so that the only apparent effect 
was to destroy part of their nesting habitat. By 1930, it was apparent 
that many birds had returned and were breeding on the island, as human 
harvesting of all the albatross species was resumed by settlers. The 
volcano erupted again in 1939, burying most of the former breeding 
grounds and making them uninhabitable for the birds. The main crater 
overflowed once more in 1941, closing the natural anchorage that had 
allowed free access to human hunters in the past. When visited in 1949, 
the island was described as ``birdless'' (Austin 1949, p. 289). The 
island was again naturally reoccupied by black-footed albatrosses 
subsequent to this eruption, growing from a count of 6 chicks in 1957 
to 914 chicks by 1998 (H. Hasegawa, unpublished data, as cited in 
Cousins and Cooper 2000, p. 23). Volcanic activity on Torishima Island 
was last recorded in 2002, with volcanic ash and rock blanketing the 
central portion of the island. The following year, surveys resulted in 
an estimate of 2,150 breeding pairs of black-footed albatross on 
Torishima (ACAP 2010, p. 4), demonstrating that the breeding population 
was largely unaffected by this most recent event.
    Given this history, it is likely that Torishima Island will 
continue to experience volcanic activity. The evidence from past events 
suggests that black-footed albatrosses may survive such an event, as 
they have in the past, since at any given time approximately 75 percent 
of the birds are at sea and, therefore, are likely to be absent at the 
time of a volcanic eruption or other catastrophic event (Finkelstein et 
al. 2010, p. 328). Past reoccupation of Japanese islands by black-
footed albatrosses has occurred subsequent to volcanic events as well 
as recolonization following extirpation of colonies due to military 
activities during World War II. Therefore, if the nesting population 
should be eliminated from the island due to volcanic activity impacts 
on nesting habitat, as has apparently occurred in the past, the 
historical evidence suggests that natural reoccupation of the island is 
probable assuming no other substantial changes in present conditions. 
In addition, Torishima might also be recolonized by birds from the 
nearby Ogasawara Islands.
    Some researchers have suggested this scenario to be unlikely as 
movement of black-footed albatrosses between colonies is typically low 
(e.g., Finkelstein et al. 2010, p. 323). However, we believe natural 
reoccupation is likely, based on past evidence of several separate 
reoccupation events, although we acknowledge the population would 
likely suffer reduced productivity for several years following a 
catastrophic volcanic event. Torishima provides nesting habitat for 3.5 
percent of the rangewide population and is the only nesting island for 
black-footed albatrosses with an active volcano. Most birds nesting on 
Torishima likely would be at sea if there were an eruption, and based 
on past history it is reasonable to assume the island would be 
reoccupied over time following any such event. Therefore, we conclude 
that volcanic activity does not pose a threat to the black-footed 
albatross in relation to the present or threatened destruction, 
modification, or curtailment of its habitat or range in the Hawaiian 
Islands, the Japanese Islands, or rangewide.
Natural Gas Exploration
    Exploration for natural gas has recently become a potential issue 
for birds on the Senkaku Islands. A dispute, primarily between Japan 
and China but also including Taiwan, over the territorial jurisdiction 
of the Senkaku Islands has been ongoing since the summer of 1970 (Cheng 
1973-1974, p. 221; Downs and Saunders 1999, p. 124). Although this 
dispute originated in 1945 following World War II, it escalated in the 
1970s when potential undersea natural gas reserves off the continental 
shelf near the Senkaku Islands became an economic issue. However, there 
is no firm evidence that commercially exploitable petroleum reserves 
exist in the area (Downs and Saunders 1999, p. 124). Furthermore, it 
has been suggested that multinational petroleum companies have little 
interest in drilling near the Senkaku Islands because of difficult 
terrain, political uncertainty, existence of unexploded ordnance from 
use of the islands as a target range, and doubts about whether any 
reserves that might exist can be commercially exploited in viable terms 
(Downs and Saunders 1999, p. 124). Regardless of the outcome of the 
territorial dispute and the unlikely progress of gas exploration, we 
have no information to indicate that such development of natural gas 
resources in the area of the Senkaku Islands would potentially modify 
or destroy black-footed albatross nesting or foraging habitat. The 
black-footed albatross population of the Senkaku Islands comprises less 
than 0.1 percent of the rangewide population, and less than 2 percent 
of the breeding population of black-footed albatross in the Japanese 
Islands (56 breeding pairs; ACAP 2010, p. 4). Thus, even if such 
development were to occur and impact habitat on the Senkaku Islands, it 
would likely not pose a significant threat to the Japanese Islands 
population. It appears unlikely that gas exploration will occur in the 
Japanese Islands because: (1) There is no strong evidence that such 
resources exist; (2) commercial interest to develop these resources is 
weak, even if they were found to exist; and (3) sovereignty of the 
Senkaku Islands continues to be in dispute. Therefore, we conclude that 
natural gas exploration off the Senkaku Islands does not pose a threat 
to the black-tailed albatross in relation to the present or threatened 
destruction, modification, or curtailment of its habitat or range, 
including across its entire range, in the Hawaiian Islands, or in the 
Japanese Islands.
Invasive Plant Species
    Many plant species have been introduced to the Hawaiian Islands, 
and of these Verbesina encelioides (golden crown-beard) has been 
identified as the greatest threat to black-footed albatross

[[Page 62520]]

nesting habitat (Naughton et al. 2007, p. 12). Verbesina encelioides is 
well established on Kure Atoll, Midway Atoll, and Pearl and Hermes 
Reef, where it inhibits native plant growth (Shluker 1999, p. 4; 
Naughton et al. 2007, p. 17). It is a woody herb that forms tall, dense 
stands, which can reduce access to nesting habitat of ground-nesting 
birds, including the black-footed albatross. Dense growth of V. 
encelioides can entangle black-footed albatross chicks or prevent 
parents from locating and feeding chicks (Shluker 1999, p. 4; Flint 
2010, pers. comm.). It also restricts windspeed at the nest sites, 
potentially reducing the ability of adult and juvenile birds to 
thermoregulate using convective cooling (Flint 2010, pers. comm.). The 
Service and the HDLNR have implemented programs to control and 
eradicate V. encelioides on Midway Atoll and Kure Atoll (Shluker 1999, 
pp. 4-7; Flint 2010, pers. comm.), where approximately 43 percent of 
the rangewide black-footed albatross population breeds (see Table 2). 
In 2003, the Service and the HDLNR increased efforts to reduce the 
extent and spread of this invasive plant on Midway Atoll, including 
hand-pulling, mowing, and herbicide application.
    In addition to Verbesina encelioides, other nonnative plant species 
occur in the Northwestern Hawaiian Islands, including Casuarina 
equisetifolia (common ironwood), a nonnative tree that has been 
identified as a threat to ground-nesting seabirds on Midway Atoll 
(Naughton et al. 2007, p. 12). Like V. encelioides, the dense growth of 
C. equisetifolia around black-footed albatross nest sites can block the 
wind and thereby reduce the potential for convective cooling. Growing 
as they do in an area normally devoid of tall vegetation, these trees 
can potentially interfere with the flight of long-winged birds such as 
albatrosses. The trees also may break off or fall onto ground-nesting 
birds during wind storms; nesting Laysan albatrosses and chicks were 
killed on Midway in January 2011 by falling ironwood trees and flooding 
(ACAP 2011). Casuarina equisetifolia is also subject to a control 
program (Flint 2010, pers. comm.). Furthermore, the Papahanaumokuakea 
Marine National Monument Plan (PMNM Plan) has incorporated a nonnative 
species action plan to identify, control, eradicate, and avoid the 
introduction of new nonnative species to the PMNM (NOAA et al. 2008, 
pp. 201-214).
    The number of birds nesting on Midway Atoll has been relatively 
constant since 1992 (USFWS, unpubl. data) and has increased each year 
between 1999 and 2005 (Arata et al. 2009, p. 36), so V. encelioides and 
C. equisetifolia as currently controlled do not appear to have 
significant negative impacts on the availability of black-footed 
albatross nesting habitat. Also, while standardized annual nest counts 
are not conducted on Kure Atoll and Pearl and Hermes Reef, a program to 
control Verbesina has been initiated on Kure Atoll (Flint 2010, pers. 
comm.). While uncontrolled growth of V. encelioides and C. 
equisetifolia would likely have negative impacts on habitat and thus 
possibly on the black-footed albatross population, based on the 
evidence from current control efforts, we anticipate these and expected 
future levels of control will continue to reduce and limit these 
impacts to the extent that these nonnative plants do not pose a 
significant threat to the black-footed albatross.
    We found no information regarding nonnative plants within the 
nesting range of the black-footed albatross on the Japanese Islands, 
and have no evidence indicating that nonnative plants pose any threat 
to the black-footed albatross or its breeding habitat on the Japanese 
Islands.
    Therefore, based on our evaluation of the best available scientific 
and commercial data, we conclude that invasive plants do not pose a 
significant threat to the black-footed albatross in relation to the 
destruction, modification, or curtailment of habitat or range of the 
species in the Hawaiian Islands, the Japanese Islands, or rangewide. In 
the section below, we further consider the potential spread of invasive 
plants in relation to conditions related to climate change.
Effects Related to Climate Change
    The anticipated impact of climate change on black-footed albatross 
habitat, ecology, and life history in tropical and subtropical 
terrestrial and marine ecosystems is complex. In this section we begin 
with a general overview of climate change projections, followed by our 
evaluation of the potential response of the black-footed albatross to 
possible changes in their nesting and foraging habitat related to 
climate-related changes in sea level, coastal inundation, and storm 
events. We then consider changes in foraging habitat related to altered 
marine productivity that could occur in relation to climate change, and 
possible physical effects to the black-footed albatross related to 
changes in ambient temperatures.
Climate Change Overview
    Consideration of the effects of climate change is a component of 
our analyses of species under the Act. Here we provide a brief overview 
of the general topic of climate change as a way of providing a broad 
context for the more detailed consideration that follows with respect 
to the black-footed albatross.
    Described in general terms, ``climate'' refers to average weather 
conditions, as well as associated variability, over a long period of 
time (e.g. decades, centuries, or thousands of years). Climate 
variables most often described are temperature and precipitation, and 
the typical period for calculating the mean of these properties is 20 
or 30 years. The term ``climate change'' thus refers to a change in the 
state of the climate (whether due to natural variability, human 
activity, or both) that can be identified by changes in the mean or 
variability of its properties and that persists for an extended 
period--typically decades or longer. (See Intergovernmental Panel on 
Climate Change (IPCC), 2007, pp. 30, 78, for technical definitions that 
are the basis for our description of these terms.)
    Analyses of observed trends in climate demonstrate that climate 
change is occurring, as illustrated by examples such as an increase in 
the global mean surface air temperature (SAT) (``global warming''), 
substantial increases in precipitation in some regions of the world and 
decreases in other regions, and increases in tropical cyclone activity 
in some oceanic areas (IPCC 2007, p. 30). Because relatively small but 
sustained changes in temperature can have substantial direct and 
indirect effects on natural processes and human populations, 
temperature is one of the most widely used indicators of climate 
change. Based on extensive analyses, the IPCC concluded that warming of 
the global climate system over the past several decades is 
``unequivocal'' (IPCC 2007, p. 2). These changes in global climate are 
affecting many natural systems (see IPCC 2007, pp. 2-4, 30-33 for 
global and regional examples, and Global Climate Change Impacts in the 
United States (GCCUS) 2009, pp. 27, 79-88, for examples in the United 
States).
    Analyses of natural variability in climate conditions and the 
effects of human activities led the IPCC to conclude that most of the 
increase in global mean surface air temperature that has been observed 
since the mid-20th century is very likely due to the observed increase 
in greenhouse gas (GHG) concentrations related to human activities, 
particularly emissions of CO2 from fossil fuel use (IPCC 
2007, p. 5 and Figure SPM.3). Extensive analyses point to continued 
changes in climate and considerable efforts are occurring to make 
projections of the magnitude, rate,

[[Page 62521]]

and variability of future changes and to understand the mechanisms 
underlying them, including the role of greenhouse gases.
    Projections by the IPCC in 2007 for climate change for the earth as 
a whole and for broad regions were based on simulations from more than 
20 Atmospheric-Ocean General Circulation Models used in conjunction 
with various scenarios of different levels and timing of greenhouse gas 
emissions (Christensen et al. 2007, pp. 847-917; Meehl et al. 2007, pp. 
753-796; Randall et al. 2007, pp. 596-599). The emissions scenarios 
were developed in the late 1990s and described in the Special Report on 
Emissions Scenarios (SRES) published in 2000 (Carter et al. 2007, p. 
160, and references therein). The scenarios span a broad range of 
potential GHG emissions over the coming decades based on a wide 
spectrum of economic, technological, and human demographic 
possibilities for the planet; the SRES made no judgment as to which of 
the scenarios are more likely to occur, and although they cover a very 
broad range it is possible that emissions could be higher or lower than 
the range covered by the scenarios.
    The IPCC's projections of change in global mean warming (global 
annual mean surface air temperature (SAT)) and how they differ over 
time across emissions scenarios as compared to the observed SAT 
from1980-1999, are described by Meehl et al. (2007, pp. 760-764). 
Several key points emerge from their projections. First, the projected 
changes in magnitude of warming are similar under all emissions 
scenarios to about 2030 and to some degree even to about mid-Century 
although more divergence is evident then, and the divergence continues 
to increase over time, i.e., in the near-term the projections differ by 
only 0.05 [deg]C (0.09 [deg]F), but by the last decade of the century 
the difference across scenarios is 1.6[deg] C (0.9 [deg] F); as noted 
by Cox and Stephenson (2007, p. 208), total uncertainty in projected 
decadal mean temperature is lowest 30 to 50 years in the future. 
Second, the magnitude of projected warming increases across each 
scenario, including the lowest emission scenario. Under the lowest 
emission scenario, annual man SAT change is 1.19 [deg] F (0.66 [deg]C) 
for 2011-2030 and 2.32 [deg] F (1.29 [deg] C) for 2046-2065 (See Meehl 
et al. 2007, p. 763, Table 10.5). Third, the pattern of projected 
increases is relatively consistent whether considering the average 
across all models for a given scenario or the projections from the 
individual models, including consideration of  one standard 
deviation around the mean projection for each scenario (see Meehl et 
al. 2007, pp. 762-763, Figures 10.4 and 10.5, and Table 10.5). Thus 
although differences in projections reflect some uncertainty about the 
precise magnitude of warming, we conclude there is little uncertainty 
that warming will continue through the end of century, even under the 
lower emissions scenario. We note also that more recent analyses using 
additional global models and comparing other emissions scenarios have 
resulted in projections of global temperature change that are similar 
to those reported in 2007 by the IPCC (Prinn et al. 2011, pp. 527, 
529).
    While projections from global climate model simulations are 
informative, their resolution is coarse and it is helpful to have 
higher-resolution projections that are more relevant to the spatial 
scales used for various assessments involving climate change. Various 
methods to ``downscale'' climate information have been developed to 
generate projections that are more specific to regional or relatively 
local areas (see Glick et al. 2011, pp. 58-61 for a summary description 
of downscaling). In conducting status assessments of species, the 
Service uses downscaled projections when they are the best scientific 
information available regarding future climate change.
    In the case of marine areas, however, adequate procedures for 
downscaling are still under development, thus global projections for 
various conditions related to climate change (e.g., sea and land 
surface temperatures, precipitation, storm frequency and intensity, 
marine productivity, and ocean acidification) are used for marine areas 
and small islands within them, including the Northwest Pacific Islands. 
Efforts are currently underway by the Pacific Islands Climate Change 
Cooperative and climate modelers at the University of Hawaii to develop 
regional models that will increase our understanding of climate change 
effects specific to the Pacific Islands. However, this information is 
not yet available to us. In most cases, therefore, global projections 
of future climate conditions constitute the best available scientific 
information available for purposes of our analyses for this finding.
Projections of Sea Level Rise
    On a global (eustatic) scale, the main factors currently 
contributing to sea level rise are thermal expansion of warming ocean 
water, water input to oceans from the melting of ice sheets, glaciers, 
and ice caps, and the addition of water from terrestrial systems 
(United Nations (UN) 2009a, p. 26). The IPCC's model-based projections 
of global average sea level rise for the last decade of this century, 
as compared to the average for 1980-1999, ranged from 0.59 ft to 1.94 
ft (0.18 m to 0.59 m) across various emissions scenarios (Meehl et al. 
2007, p. 812). This projection includes contributions from ocean 
thermal expansion, melting of glaciers and ice caps, and limited 
contributions from ice sheets; however, it did not include the possible 
contribution from relatively rapid melting of the Greenland and West 
Antarctic Ice Sheets. Several recent scientific publications have 
addressed problems that the IPCC's approach had in accounting for the 
observed level of sea level rise in the late 20th and early 21st 
centuries, and yielded new projections which reflect the possibility of 
rapid contributions from ice sheet dynamics beyond surface melting (see 
summaries by Church et al. 2010, Rahmstorf 2010, and Nicholls et al. 
2011). Table 3 gives the ranges from these recent projections, along 
with the range given by the IPCC for purposes of comparison.

 Table 3--Projected Ranges of Global Average Sea Level Rise for the 21st Century, Including the IPCC Projection
                                       (Meehl et al. 2007) for Comparison
----------------------------------------------------------------------------------------------------------------
 Projected range of global mean
  sea level rise feet (meters)                                        Source
----------------------------------------------------------------------------------------------------------------
0.59-1.94 ft, (0.18-0.59 m).....  Meehl et al., 2007 (IPCC), pp. 820-822,Table 10.7.
2.6-6.6 ft, (0.8-2.0 m).........  Pfeffer et al., 2008, p. 1340.
2.46-6.23 ft, (0.75-1.90 m).....  Vermeer & Rahmstorf 2009, p. 21530.
2.36-5.25 ft, (0.72-1.60 m).....  Grinsted et al., 2010, pp. 469-470.
2.0-5.3 ft, (0.6-1.6 m).........  Jevrejeva et al., 2010, L07703, p. 4.
3-4 ft (0.9-1.2 m)..............  (GCCUS) 2009, p. 25.
----------------------------------------------------------------------------------------------------------------


[[Page 62522]]

    As shown in Table 3, the ranges of recent projections of sea level 
rise all indicate substantially higher levels than the projection by 
the IPCC in 2007. They also show a much larger difference 
(approximately 3 to 4 ft (0.9 to 1.2 m)) from the low to the high ends 
of the ranges, which indicates the magnitude of global mean sea level 
rise at the end of this century is still quite uncertain.
    In their review of sea level rise projections, Nicholls et al. 
noted that the earlier acceleration of some of the southeast Greenland 
glaciers had reversed by 2006, adding to uncertainty about whether the 
recent rates of mass loss are temporary and the extent to which they 
should be extrapolated into the future; they concluded that the upper 
part of the projected ranges of global sea level rise are possible but 
not likely to occur (Nicholls et al. 2011, pp. 165, 168). Lowe and 
Gregory (2010, p. 4) similarly concluded that global mean sea level 
rise by the end of the century is ``almost certain to be below two 
metres and that there is currently very little evidence to suggest that 
increases at the top of this range are likely.'' Church et al. (2010, 
p. 411) reported that new information from satellite-based data for 
2002-2009 indicates an accelerating contribution to sea level rise from 
both the Greenland and Antarctic ice sheets, but that ``improved 
understanding of the processes responsible for ice-sheet changes are 
urgently required to improve estimates of the rate and timing of 21st-
century and longer-term sea-level projections.'' Similarly, Nicholls 
and Cazenave (2010, p. 1519) state ``The extent of future SLR [sea 
level rise] remains highly uncertain--more so than in 2007, when the 
IPCC AR4 was published'' and they call for additional analyses to focus 
on understanding ice sheet instabilities and other processes drive sea 
level rise.
    Viewed from broad regional and particularly more local 
perspectives, the picture is further complicated by the fact that sea 
level rise is not uniform around the world and deviations from the 
observed global mean of sea level rise have been substantial in some 
areas. The fact that future sea level change will not be the same 
everywhere has been characterized by Milne et al. (2009, p. 471) as 
``one of the few statements that can be made with certainty.''
    The considerable uncertainty about the magnitude of global average 
sea level rise by the end of the century is additionally complicated by 
the variability in sea level change observed in different parts of the 
world. This includes differences in open oceans, such as non-uniform 
changes in temperature and salinity and differences in ocean 
circulation patterns; the contributions of various factors to relative 
sea level change at regional scales are not fully understood and 
different contributions may dominate depending on the geographic 
location (Bindoff et al. 2007, p. 409). A recent analysis aimed at 
providing a better understanding of sea level change at regional scales 
indicates that the entire range of the black-footed albatross is within 
a very broad ocean region where sea level rise by the end of this 
century is projected (under each of three emissions scenarios) to be 
higher than the global mean, and Hawaii is expected to have slightly 
higher rise than the global average (Slangen et al. 2011, pp. 9-15). 
This analysis included numerous assumptions (including assumptions 
about changes in ice mass dynamics) and the authors made the point that 
the absolute values presented in their study required careful 
interpretation (Slangen et al. 2011, p. 16).
    Different rates of sea level rise observed locally add further 
complexity to the evaluation of this factor. Specifically, Honolulu, on 
the island of Oahu, and Hilo, on the island of Hawaii, have had 
different observed trends in sea level rise since the mid-1940s, 
although the relative differences in the rate of sea level rise between 
these Hawaiian islands have been more limited since the mid-1970s; 
these differences may be related to variations in both space and time 
in land motion (subsidence, uplift), and it may be related to 
interdecadal variations in upper ocean temperatures (Caccamise et al. 
2005, L03607, entire). Regardless of the cause(s) of the difference, 
this information adds to our caution in interpreting global sea level 
rise projections in our analysis of potential effects on the black-
footed albatross and its habitat at a more localized scale.
    In addition to reporting a projected range of sea level rise for 
the end of the century, Jevrejeva et al. (2010) also reported 
projections for the mid-century. In contrast to the relatively 
divergent range projected for 2100 (2.0-5.3 ft (0.6-1.6 m)), they found 
relatively close agreement in projected sea level rise across various 
emissions scenarios until about 2050 using the six emissions scenarios 
used by the IPCC, with projections ranging from a low of approximately 
0.98 ft (0.3 m) to a high of 1.8 ft (0.55 m) (Jevrejeva et al. 2010, p. 
3, Figure 2).
    As discussed above, results for models projecting sea level rise 
further than mid-century become increasingly divergent, and this is 
particularly true with regard to the maximum bounds of projected sea 
level rise. Furthermore, with regard to evaluating the possible upper 
bounds of projected sea level rise over the next century, we considered 
the statements of both Nicholls et al. (2010, p. 168) and Lowe and 
Gregory (2010, p. 43) that the probability of rises at the high end of 
the spectrum are very low. Nicholls et al. (2010, p. 174) concluded 
that, although a sea level rise between 1.6 and 6.6 ft (0.5 and 2.0 m) 
is not an implausible range, ``owing to our poor understanding of the 
underlying processes driving climate-induced sea-level rise, we cannot 
associate any likelihood with this range, and we conclude that rises 
above 0.5 m and especially 1 m by 2100 are possible, rather than 
inevitable.''
    As there is so much uncertainty surrounding global sea level 
projections, particularly at the upper bounds at the end of the 
century, and this is further complicated by uncertainty about regional 
and local divergences from the global mean, we believe it is more 
appropriate to focus our analysis on less variable projections over a 
somewhat shorter timeframe. Therefore, we evaluated what we consider to 
be reasonable approximate projected levels of sea level rise for the 
habitat of the black-footed albatross, based on consideration of the 
global estimates described above, over three time intervals: For the 
next 10-20 years we use an estimate of 0.5-1.0 ft (0.1-0.3 m); for 30-
40 years we use 1.4-1.9 ft (0.4-0.6 m); and for 50 years we use 2.4 ft 
(0.7 m) (see USFWS 2011b, unpubl., for additional details). While we 
recognize that several models project an accelerated rate of sea level 
increase later in the century (e.g., Vermeer and Rahmstorf 2009, Figure 
6, p. 21531), we determined that, in light of the significant 
variability in projections following mid-century, for the purposes of 
this status evaluation using a linear projection of sea level rise (see 
Baker et al. 2006, pp. 5-6) and time-intervals up to mid-century is a 
reasonable approach. Note also that the level we use for 50 years from 
now, 2.4 ft (0.7 m), is conservative in that it is higher than the mid-
century projection by Jevrejeva et al. (see above), and in fact is very 
close to the end of century level (0.8 m) described as ``plausible'' by 
Pfeffer et al. (2008, p. 1342), and even closer to the low ends of the 
ranges projected at 2100 by Vermeer and Rahmstorf (2009, p. 21530) and 
Grinsted et al. 2010, pp. 469-470. We believe this approach is 
reasonable and provides a reliable basis for our analysis.
Sea Level Rise and Coastal Inundation
    There is very little existing information in the scientific 
literature

[[Page 62523]]

on how projected sea level rise will affect the islands currently used 
by black-footed albatross for nesting, as topographical information for 
these islands in most cases is extremely limited and, as noted above, 
regionally specific models of sea level rise for the area are still 
under development (e.g., Klavitter 2010, pers. comm.). A rigorous 
geomorphological coastal analysis is needed to fill this information 
gap. In a limited study of several of the Northwestern Hawaiian 
Islands, Baker et al. (2006, p. 2) noted this lack of spatial data, and 
developed models that can be used to estimate the proportional rate at 
which land area may disappear in the Northwestern Hawaiian Islands, 
based on cumulative elevation data (Baker et al. 2006, p. 6, Figure 3).
    As only maximum elevation data are available for most of these 
islands, these researchers collected elevation data from three 
locations: Lisianski Island, Pearl and Hermes Reef (the islets of 
Southeast, Seal-Kittery, Grass, North, and Little North), and French 
Frigate Shoals (including the islands of East, Gin, Little Gin, and 
Trig). We did not use the projections of surface area lost presented by 
Baker et al. (2006) in their Table 1 since those estimates were 
developed using the older IPCC 2001 projections of sea level rise. 
However, based on their cumulative elevation models (Baker et al. 2006, 
Figure 3), we estimated the effects of the projected sea level rise on 
each of the islands over the three time intervals (Table 4).
    Note that detailed topographical information is not available for 
the island of Midway Atoll or Laysan Island, which support the two 
largest colonies of black-footed albatrosses in the world, and these 
islands were not included in the analysis of Baker et al. (2006). 
However, results for Laysan Island are likely to be similar to those 
for Lisianski Island, as detailed below.

  Table 4--Projected Effects of Sea Level Rise on the Land Area of Islands Supporting Nesting Black-Footed Albatross at 10-20, 30-40, and 50 Years in the Future, Based on Passive Flooding and
                                                                      the Cumulative Elevation Models of Baker et al. 2006
                                [We assumed islands greater than 165 ft (50 m) in maximum elevation would retain at least 95% of their land area above sea level]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                    10-20 years--         30-40 years--
                                                                                         Percent of                              proportion of land    proportion of land   50 years--proportion
                                                                          Number of     northwestern   Percent of   Percent of  area remaining above  area remaining above      of land area
                                       Maximum                         breeding pairs     Hawaiian      Japanese      world      0.5-1.0 ft (0.1-0.3   1.4-1.9 ft (0.4-0.6   remaining above 2.4
             Island                   elevation        Island area    of black- footed     islands      islands      breeding       m); range for         m); range for       ft (0.7 m); range
                                                                          albatross       breeding      breeding    population  individual islets is  individual islets is     for individual
                                                                        (survey year)    population    population                  in parentheses        in parentheses         islets is in
                                                                                                                                                                                 parentheses
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                  Northwestern Hawaiian Islands
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Kure Atoll......................  8-20 ft (2.4-6.1  213 ac (87 ha)    3,486 (2010)               5.4           NA          5.2  Data not available..  Data not available..  Data not available.
                                   m)
Midway Atoll....................  12 ft (3.6 m)     1,532 ac (624     25,581 (2010)             40.0           NA         38.1  Data not available..  Data not available..  Data not available.
                                                     ha)
Pearl and Hermes Reef...........  [ap] 9.8 ft       88 ac (36 ha)     6,116 (2003)               9.6           NA          9.1  99-88% (range 99-     82-72% (range 82-     67% (range 79-25%).
                                   ([ap] 3 m)                                                                                    55%).                 30%).
Lisianski.......................  [ap] 40 ft ([ap]  391 ac (159 ha)   2,126 (2006)               3.3           NA          3.2  99%.................  98-99%..............  97-98%.
                                   12.9 m)
Laysan \1\......................  [ap] 40 ft ([ap]  1,000 ac (407     22,272 (2010)             34.8           NA         33.1  99%.................  98-99%..............  97-98%.
                                   12.9 m)           ha)
French Frigate Shoals...........  8-12 ft (2.4-3.6  67 ac (27 ha)     4,309 (2009)               6.7           NA          6.4  98-86% (range 98-     82-74% (range 87-     69% (range 80-40%).
                                   m)                                                                                            75%).                 50%).
Necker..........................  276 ft (84 m)     45 ac (18 ha)     112 (1995)                 0.2           NA          0.2  > 95%...............  > 95%...............  > 95%.
Nihoa...........................  903 ft (275 m)    171 ac (70 ha)    1 (2007)                   0.0           NA          0.0  > 95%...............  > 95%...............  > 95%.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                 Offshore Main Hawaiian Islands
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Kaula...........................  165 m             64 ha (158 ac)    3 (1993)                   0.0           NA          0.0  > 95%...............  > 95%...............  > 95%.
Lehua...........................  214 m             116 ha (284 ac)   25 (2007)                  0.0           NA          0.0  > 95%...............  > 95%...............  > 95%.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                        Japanese Islands
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Torishima Island................  1,293 ft (394 m)  1,184 ac (479     2,150 (2003)                NA         67.5          3.2  > 95%...............  > 95%...............  > 95%.
                                                     ha)
Senkaku Islands.................  1,257 ft (383 m)  1,446 ac (633 m)  56 (2002)                   NA          1.8          0.1  > 95%...............  > 95%...............  > 95%.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                            Ogasawara
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Muko-jima Retto.................  Not available     1,631 ac (664     967 (2006)                  NA         30.4          1.4  > 95%...............  > 95%...............  > 95%.
                                                     ac)
Haha-jima Retto.................  1,525 ft (462 m)  6,805 ac (2,770   11 (2006)                   NA          0.3            0  > 95%...............  > 95%...............  > 95%.
                                                     ha)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Land area estimates assume similar conditions to Lisianski, based on similar elevation and topography.

    Tern Island was estimated to comprise about 66 percent (57 ac (23 
ha)) of the terrestrial area of French Frigate Shoals (Arata et al. 
2009, p. 76). Originally the island was only about 10 ac (4 ha) in size 
but was expanded in 1942 to 57 ac (23 ha) (Amerson 1971, p. 12). Sand 
and Eastern islands, the two main islands at Midway Atoll, have also

[[Page 62524]]

undergone extensive human modifications, and are approximately 12 ft 
(3.6 m) above sea level. All three islands (Tern, Sand, and Eastern) 
transition from sea level to maximum elevation over a few meters and 
are relatively flat across their full expanse to accommodate aircraft 
runways on each island. How much projected levels of sea level rise 
over the next 10 to 20 years (0.5-1.0 ft (0.1-0.3 m)), 30 to 40 years 
(1.4-1.9 ft (0.4-0.6m)), and 50 years (2.4 ft (0.7 m)) will impact 
black-footed albatross nesting habitat on these islands is unknown in 
the absence of more detailed geomorphological information, but given 
their relatively low elevation, sea level rise may result in some loss 
of nesting habitat for black-footed albatrosses.
    It is also possible, however, that there will be no net loss of 
land area depending on relative rates of beach erosion in some 
(seaward) areas and beach deposition in other (lagoon-side) areas that 
may occur, as has been observed in other Pacific atoll islands in 
response to rising sea level (Webb and Kench 2010, p. 234). Webb and 
Kench (2010, entire) studied 27 Central Pacific islands using a 
combination of historical aerial photography and remote sensing imagery 
from years spanning from 1943 through 2006 (the timeframe of analysis 
for each island differed, depending on the availability of imagery, but 
ranged from 19 to 61 years). Despite the expectation that such islands 
would diminish in size due to ongoing and future sea-level rise, they 
found that with a historical sea level rise of 0.08 in (2 mm) per year 
over the period studied (roughly 4.8 in (12 cm) maximum), the 
terrestrial area of 43 percent of the 27 atoll islands studied remained 
stable while another 43 percent actually increased in size by 3 to 30 
percent (Webb and Kench 2010, p. 241). Only 14 percent of the atoll 
islands showed a loss of 3 to 10 percent of area. The observed 
adjustment for 65 percent of these atoll islands was a net lagoon-ward 
migration, but also included island migration along the atoll reef. 
Overall, these atoll adjustments added 156 ac (63 ha) of coastal land 
area to these islands.
    In the Northwestern Hawaiian Islands, sediment transport has 
resulted in the submersion of Whale-Skate Island in French Frigate 
Shoals and has accreted island area at Spit Island (Midway Atoll), 
Seal-Kittery Island (previously 2 islets), and North Island at Pearl 
and Hermes Reef (Amerson et al. 1974, pp. 8 and 11, comparing reported 
islet area to current estimates). These data, and taking into 
consideration the results reported by Webb and Kench (2010, see above) 
for atoll islands elsewhere, indicate projected sea level rise will 
likely change the physical shape and position of Tern, Sand, and 
Eastern islands and may reduce or possibly increase the size of these 
atoll islands. However, it is also important to note that we do not 
have information to indicate how these processes may work under 
potentially accelerated rates of sea level rise. Any such changes, 
however, whether positive or negative in terms of total land area, are 
likely to occur gradually over many years, giving black-footed 
albatrosses a long period of time to potentially adjust their breeding 
locations. Tern and East Islands each support just under half of the 
black-footed albatross breeding pairs at French Frigate Shoals (Arata 
et al. 2009, p. 38, Figure 14).
    Based on the cumulative elevation model developed by Baker et al. 
(2006, p. 6, Figure 3) East Island will lose about 2 to 10 percent of 
its land area to 0.5-1.0 ft (0.1-0.3 m) sea level rise in 10 to 20 
years, 12 to 19 percent of its land area to 1.4-1.9 ft (0.4-0.6 m) sea 
level rise in 30 to 40 years, and roughly 20 percent of its current 
land area to a 2.4 ft (0.7 m) rise in sea level in 50 years. Potential 
losses of land area at the smaller islets of French Frigate Shoals are 
projected to be greater (Table 4, this document), but no estimates were 
available for Tern Island, where relatively large numbers of black-
footed albatrosses breed. We estimated that, collectively, the islets 
of French Frigate Shoals will have roughly 86 to 98 percent of 
terrestrial area remaining after 10 to 20 years, 74 to 82 percent 
remaining after 30 to 40 years, and 69 percent after 50 years (Table 4, 
this document).
    We note Baker et al. (2006) do not take into account 
geomorphological features that can alter sea level rise impacts, as 
shown by Webb and Kench (2010, p. 241). All of these islands may change 
shape, size and position through erosion and accretion, such that 
future land areas may be larger or smaller than projected due to sea 
level rise alone. The islets of Pearl and Hermes Reef support 10 
percent of the world black-footed albatross breeding pairs and comprise 
some of the lowest elevation areas used for nesting by the species. 
Collectively, we estimate that these islets will retain roughly 88 to 
99 percent of their land area in 10 to 20 years, 72 to 82 percent of 
their land area over 30 to 40 years, and 67 percent of their land area 
in 50 years (Table 4, this document). This does not take into account 
potential changes in shape, size, or position that may occur due to 
erosion and accretion, as demonstrated by Webb and Kench (2010, p. 241) 
for island atolls elsewhere, but due to their small size and low 
elevation we consider these islets to be some of the most vulnerable to 
sea level rise and may be a potential loss of nesting habitat for the 
black-footed albatross.
    Lisianski Island (currently supporting 3.2 percent of world black-
footed albatross breeding pairs) is one of the larger Northwestern 
Hawaiian islands at 391 acres (159 ha) in size. We estimated that 
Lisianski would still have 99 percent of its terrestrial area over the 
next 10 to 20 years, 98 to 99 percent over 30 to 40 years, and about 97 
percent of its terrestrial area in the face of a 2.4-ft (0.7 m) rise in 
sea level in 50 years (based on Baker et al. 2006, p. 6, Figure 3; see 
Table 4, this document). Laysan Island (currently supporting 35 percent 
of world black-footed albatross breeding pairs) has a maximum elevation 
that is the same as Lisianski Island (about 40 ft (13 m)) and, like 
Lisianski, has a large central depression (a lake on Laysan but not on 
Lisianski) surrounded by higher elevation sandy ridges (Macdonald et 
al. 1990, pp. 480-481). In addition, at approximately 1,000 ac (407 ha) 
in size, Laysan is substantially larger than Lisianski (391 ac; 159 
ha). Presuming a similar island atoll geomorphology, sea level rise 
will affect a limited area of Laysan Island, most likely similar to the 
projections for Lisianski. As discussed above, this analysis does not 
consider geomorphological features that can alter early sea level rise 
impacts, as shown by Webb and Kench (2010, p. 241). Their information 
indicates that levels of sea level rise expected over the next 50 years 
will likely change the shape and position of Lisianski and Laysan 
Islands, and that processes of erosion and accretion may either reduce 
or even increase the size of these islands. All of these changes are 
likely to occur gradually over many years.
    Kure Atoll (which supports 5.2 percent of world black-footed 
albatross breeding pairs) was not included in Baker et al.'s 
projections of sea level rise impacts on the Northwestern Hawaiian 
Islands. Kure Atoll has a maximum elevation of approximately 24 ft (7.5 
m; Arata et al. 2009, p. 75). Impacts from sea level rise at Kure Atoll 
are likely to be similar to those discussed for these other atoll 
areas, although Kure Atoll has greater land area and maximum elevation 
than the islets of Pearl and Hermes Reef.
    While black-footed albatrosses are typically characterized as 
nesting on the sandy beaches of low atoll islands, there are several 
colonies that currently nest upslope on high-elevation islands and

[[Page 62525]]

do not utilize shoreline nesting sites: Toroshima (2,150 breeding 
pairs), Senkaku (56 breeding pairs), Ogasawara (Hahajima Island) (11 
breeding pairs), Necker (112 breeding pairs), Nihoa (1 breeding pair), 
Kaula (3 breeding pairs) and Lehua (25 breeding pairs) (Arata et al. 
2009, p. 3, Figure 1). Nesting on these islands occurs well above sea 
level in volcanic substrates or on the top of hill and upland slopes 
(Clapp and Kridler 1977, p. 36; Clapp et al. 1977, p. 44; Cousins and 
Cooper 2000, p. 5; Pitman and Ballance 2002, p. 13). Due to their 
topography and elevation, we do not expect these islands and their 
breeding populations of black-footed albatross to be affected by 
anticipated levels of sea level rise.
    As noted earlier, detailed, spatially-explicit data specific to the 
breeding islands of the black-footed albatross are limited or 
nonexistent. Although the USGS is currently studying the potential 
impacts of sea level rise on the Northwestern Hawaiian Islands, the 
results of this research was not available in time for our status 
assessment. Based on the best scientific information available to us, 
we can make rough approximations of the land area that may remain under 
various sea level rise scenarios on these islands, but we do not have 
detailed spatial information that would enable us to determine how much 
of the land area that would be lost currently serves as nesting habitat 
for the black-footed albatross. However, given that black-footed 
albatrosses on the low-lying islands and atolls of the Northwestern 
Hawaiian Islands select sites in sandy habitats generally close to the 
shoreline for nesting, it is reasonable to assume that much of the 
initial losses of land area would constitute potential or current 
nesting habitat. This assumption does not apply to black-footed 
albatrosses that nest upslope on steep, high islands, such as Necker, 
Nihoa, or the Japanese Islands. Therefore, we must consider the 
potential effects of the loss of an unknown amount of current shoreline 
nesting habitat on the black-footed albatross, based on estimated 
losses of land area and related considerations.
    For those black-footed albatrosses that do nest near the shoreline, 
inundation by high surf currently destroys some nests, and high winds 
bury nests and kill eggs or chicks and sometimes incubating adults, 
although the proportion of nests affected each year has not been 
quantified (Flint 2009a, pers. comm.). Winter storms and the associated 
high tides and high winds were identified as a major cause of black-
footed albatross nest failure on Kure Atoll in the 1960s (Woodward 
1972, p. 93). Recently on French Frigate Shoals, the smaller islands of 
Little Gin and Trig were washed over while adult black-footed 
albatrosses were incubating eggs (Flint 2009a, pers. comm.). Also on 
the larger islands of Tern and Eastern, black-footed albatross nests on 
the islands' northern sides that were exposed to the larger winter 
swells were often inundated or washed away (Flint 2009a, pers. comm.). 
During the 2008 breeding season, all of the nests, eggs, and chicks on 
Tern Island were washed away by high surf (Flint 2009a, pers. comm.). 
In addition, severe events may happen on occasion, as in the estimated 
loss of more than 20,000 black-footed albatross chicks from the 
Northwestern Hawaiian Islands in the aftermath of the March 2011 
tsunami generated off the coast of Japan (Flint 2011b, pers. comm.). 
Such events, although random and unpredictable in occurrence, are not 
unexpected, and have presumably occurred throughout the history of the 
species (e.g., see Cousins and Cooper 2000, pp. 115-117). Whether such 
events may potentially increase in frequency as a potential effect of 
climate change is an important consideration; however, at this point in 
time we do not have sufficient information to quantify the probability 
of such occurrences for this region (see ``Storm Frequency and 
Intensity,'' below). That most adults survive such events, and 
population viability in this species is more dependent on adult than 
juvenile survivorship, enables the species to persist despite 
occasional severe impacts to productivity or recruitment.
    Reproductive success may also be affected in the event birds are 
forced to relocate their nesting sites due to high surf or winds. For 
example, black-footed albatrosses whose nest sites were lost on Midway 
Atoll because of habitat modification related to military activity, 
both during and immediately following World War II, were found in later 
years breeding at a different location on the atoll, though it is 
likely that they lost at least 1 year of breeding due to the 
displacement (Cousins and Cooper 2000, p. 44). More recently, black-
footed albatrosses forced to relocate due to construction activities on 
Midway were later found nesting elsewhere in the atoll, although they 
similarly likely lost a year of breeding as a consequence (Flint 2009a, 
pers. comm.) If a nest site is destroyed, the birds may have difficulty 
in pairing up with the same mate. In general, mate loss in black-footed 
albatrosses can cause adults to miss up to 5 years of breeding before 
forming a new pair (COSEWIC 2007, p. 33). Increased storm surges or 
other events due to anticipated climate change may therefore result in 
some decreased productivity for black-footed albatrosses, especially 
those nesting on very low-lying islands; however, the actual potential 
extent of this impact would be purely speculative at this time.
    A key uncertainty in our evaluation of the effects of sea level 
rise is the behavioral response of breeding black-footed albatrosses to 
the possible future inundation of their current nesting sites. The 
strong nest site fidelity of black-footed albatrosses is an important 
consideration in this regard. As described in the Life History section, 
above, more than 99 percent of black-footed albatrosses breed on the 
island where they hatched (Rice and Kenyon 1962a, p. 532), and they 
construct their nests every year on almost the same site. On Tern 
Island, black-footed albatrosses were found to nest within 16 ft (5 m) 
of the previous year's nest (Cousins and Cooper 2000, p. 44). Data from 
a 2-year study of the closely related Laysan albatross on Midway Atoll 
showed nests to be within 20 ft (6 m) of the previous year's nest site, 
and over 50 percent of nests were within 4 ft (1.3 m) (Rice and Kenyon 
1962a, p. 533).
    In an experimental study, adults of the closely-related Laysan 
albatross generally responded to displacement of their chick from the 
nest site by not feeding their chick unless it was within 7 ft (2 m) of 
the nest site (Rice and Kenyon 1962a, pp. 534-536). That is, adults are 
oriented on the location of the nest, not on the location or identity 
of the chick. Based upon this information, an unknown number of black-
footed albatross nest sites may be lost each breeding season due to 
increasing high tides or storm surge from sea level rise, and chicks 
that get displaced from their nest site may die because their parents 
do not feed them. Offsetting this potential impact, however, is the 
availability of additional nesting habitat for black-footed albatrosses 
and the possibility that birds will relocate their nest sites to more 
suitable (higher-elevation, inland) habitat over time.
    Although black-footed albatrosses do predominantly nest on sandy 
beaches near the shoreline, there is apparently some behavioral 
flexibility in nest site selection by the species, as they are found 
nesting further inland in vegetated areas on Midway and French Frigate 
Shoals, including amongst bushes, in clearings among introduced 
ironwood trees, and in grassy areas (Awkerman et al. 2008). On steep, 
volcanic high-elevation islands, such as Necker, Nihoa, and Japanese 
Islands such as Torishima, black-footed

[[Page 62526]]

albatrosses nest high upslope in grassy or rocky areas (Cousins and 
Cooper 2000, p. 32; see, for example, http://www.mnc.toho-u.ac.jp/v-lab/ahoudori/Photo/photo03/68.html).
    Although in some cases black-footed albatrosses have exhibited a 
reluctance to move, despite repeated nest failures, there are other 
examples of breeding pairs relocating, as for example cited above at 
Midway Atoll in response to displacement from military activities or 
construction (Arata et al. 2009, p. 39; Flint 2009a, pers. comm.). On 
Torishima Island, black-footed albatrosses established new breeding 
colonies following volcanic eruptions in 1903, 1941, and 2002 (see 
``Volcanic Activity,'' above). In addition, anecdotal evidence suggests 
that black-footed albatrosses have moved to other islands as smaller 
islands have disappeared or become overwashed, as suggested at Tern 
Island by Cousins and Cooper (2000, p. 32) and at French Frigate Shoals 
(ACAP 2010, p. 7). The recent increase in breeding birds at French 
Frigate Shoals may be due to the redistribution of black-footed 
albatrosses that once nested on the island of Whale-Skate, which was 
lost entirely to erosion from winter storms and sea level rise in 1997 
(ACAP 2010, p. 7); however, this supposition is apparently based on the 
circumstantial timing of the increase on French Frigate Shoals 
following the disappearance of Whale-Skate, and is not supported by 
observations of banded birds.
    Whether established breeders would move to new nest sites is a 
major source of uncertainty in our evaluation. The question of whether 
birds just coming into breeding age would establish new colonies, 
assuming their natal sites may be lost, is less uncertain. Despite 
their normally high degree of philopatry, we do have evidence that some 
black-footed albatrosses banded as nestlings have become breeders on 
other than their natal islands (Woodworth 1972, p. 96). For example, of 
124 banded nestlings, mostly from Midway Atoll, 22 were later observed 
breeding on Kure Atoll (Woodworth 1972, p. 96). Other movements of 
smaller numbers of black-footed albatrosses between their natal and 
breeding sites were observed between Pearl and Hermes Reef, French 
Frigate Shoals, and Kure Atoll as well (Woodworth 1972, p. 96). 
Although most movements of black-footed albatrosses between breeding 
colonies have been over a relatively small range (Woodworth 1972, pp. 
96, 109), there is evidence of quite long-range movements from the 
recent observations of black-footed albatrosses prospecting for nesting 
sites on the islands of Guadalupe and San Benedicto off the coast of 
Mexico (Awkerman et al. 2008). Colonization of new islands and range 
expansion, including the establishment of breeding colonies in the 
eastern Pacific on the islands of Guadalupe and San Benedicto, has also 
been observed in the related Laysan albatross (Young et al. 2009, p. 
722), a bird that exhibits a similarly high degree of natal philopatry, 
suggesting it is not unreasonable to anticipate that black-footed 
albatrosses are capable of colonizing new areas if their current 
nesting habitat is lost.
    In general, gradual shifts from the loss of old habitat to the 
availability of new habitat, as would occur under a scenario of gradual 
sea level rise, are considered most conducive to the establishment of 
new colonies (as opposed to the abrupt loss of all breeding sites) 
(Schippers et al. 2009, p. 469). The availability of nest sites is only 
rarely limiting for seabirds (Kildaw et al. 2005, p. 55), and we have 
no evidence to suggest that suitable nest sites are a limited resource 
for black-footed albatrosses in the Hawaiian Islands (COSEWIC 2007, p. 
20). There are, however, some new challenges that black-footed 
albatrosses may face as a result of relocating their nest sites. For 
one, if the birds attempt to relocate to some of the higher-elevation 
Hawaiian islands in response to sea level rise, they will encounter 
predators that are currently not a threat to the species (e.g., 
mongooses, cats, dogs, pigs, rats) (Naughton et al. 2007, p. 10). 
Whether such an option may be feasible for black-footed albatrosses in 
the future may rely on the implementation and success of current 
management efforts to restore habitat and eradicate nonnative predators 
on other nearby, higher elevation islands (Naughton et al. 2007, p. 
19). There are no introduced predators on the islands of San Benedicto 
or the small islets off of Isla Guadalupe in the eastern Pacific 
(Naughton et al. 2007, p. 12). In addition, reduced habitat area will 
in turn mean increased competition with other nesting seabirds, such as 
the Laysan albatross, which often nests in the same habitat as the 
black-footed albatross. However, the evidence from historical 
photographs indicates that great numbers of seabirds can successfully 
nest at very high densities on these islands, suggesting that the same 
number of black-footed albatrosses may be able to continue nesting into 
the future on islands that have diminished in size, despite the 
presence of other potential competitors. The maximum density of nesting 
seabirds on these islands is unknown, and although available habitat 
does not presently appear to be restricted, it is unknown at what point 
in time it may potentially become a limiting factor.
    There will undoubtedly be some short-term impacts to productivity 
of nesting black-footed albatrosses due to displacement from sea level 
rise; based on the elevation and topography of the islands, we 
anticipate such impacts would be concentrated in the Northwestern 
Hawaiian Islands and would not affect the Japanese Islands populations 
(see Table 4). In the Northwestern Hawaiian Islands, our assessment of 
the projected levels of terrestrial area lost over the next 10 to 20, 
30 to 40, and up to 50 years suggests that the loss of terrestrial area 
on islands used for nesting by black-footed albatrosses will be 
relatively gradual. Moreover, the remaining land area for some of the 
larger colonies at Laysan Island, Pearl and Hermes Reef, and French 
Frigate Shoals will still be relatively substantial at the end of that 
time period (estimated as 97 percent terrestrial area remaining at 
Laysan with 34.8 percent of the Northwestern Hawaiian Islands breeding 
population, 67 percent terrestrial area remaining at Pearl and Hermes 
Reef with 9.6 percent of the breeding population, and 69 percent 
terrestrial area remaining at French Frigate Shoals with 6.7 percent of 
the breeding population).
    We note that information was not available for the largest breeding 
colony of black-footed albatrosses at Midway Atoll. Lost land area may 
disproportionately affect black-footed albatross nesting habitat, since 
many individuals select nesting sites on beaches near the shoreline, 
which will in many cases represent the first land area lost. In 
addition, diminished land area will not be the only effect of sea level 
rise, as the remaining land will consequently become increasingly 
vulnerable to overwash events. However, based on the relatively gradual 
nature of sea level rise over time, the amount of land area projected 
to remain, the ability of black-footed albatrosses to nest in habitats 
other than sandy beaches, the apparent capacity of these islands to 
support high densities of nesting seabirds, and the evidence suggesting 
that black-footed albatrosses will breed on other than their natal 
islands and colonize new sites, albeit in low numbers, we believe it is 
reasonable to conclude that the black-footed albatross may shift to new 
nest sites over time in response to sea level rise in the Northwestern 
Hawaiian Islands.
    In summary, many uncertainties remain with regard to the potential 
impacts of future sea level rise on the

[[Page 62527]]

black-footed albatross. As mentioned previously, at present we have no 
regional models of sea level rise specific to the islands used for 
nesting by black-footed albatross, but must instead rely primarily on 
global projections of sea level rise. Yet we know that sea level rise 
is likely to vary considerably in different locations across the globe, 
as described above. As also noted above, although we have some rough 
projections of how much terrestrial area may be lost on a limited 
number of the islands used for breeding, at present we do not have the 
data to inform us as to how much of the land area that may be lost 
currently serves as nesting habitat. In addition, projected losses of 
land area above sea level using a simple passive inundation or 
``bathtub'' model do not account for other potential consequences of 
climate change that may impact the suitability of remaining terrestrial 
areas for nesting, such as storm surge.
    The greatest uncertainty in evaluating the threat of sea level rise 
and potential loss of nesting habitat is the behavioral response of the 
birds over time. The biggest question in this regard is whether 
established adult breeders would eventually shift their nesting 
locations in response to habitat loss as a consequence of inundation; 
there is some evidence that supports such a potential shift, and some 
evidence that suggests such a shift would more likely require waiting 
for birds hatched on the islands to attain reproductive age and 
establish new nest sites elsewhere. Whether suitable, predator-free 
habitat would be available for these birds in the future is another 
uncertainty. In any case, we anticipate some unknown level of reduced 
productivity and likely diminished population sizes will be realized as 
a consequence of smaller habitat area. However, based on the land area 
projected to remain and the relatively large breeding population of 
black-footed albatrosses (Table 4), we do not anticipate that these 
interim losses will be so great as to pose a significant threat to the 
black-footed albatross.
    We conclude, based on this assessment, that there will likely be 
some short-term impacts to black-footed albatross nesting success due 
to sea level rise and coastal inundation, and that future population 
sizes in the Hawaiian Islands may be smaller due to a reduced area of 
available nesting habitat. However, we do not have evidence to suggest 
the projected changes will be so great as to pose a significant threat 
to the breeding populations of the species rangewide, in the Hawaiian 
Islands, or in the Japanese Islands.
Climate Change and Wave Inundation
    The central Pacific location of the Northwestern Hawaiian Islands 
exposes the atoll islands to wind and ocean swells from all directions 
but mostly from the northeast and northwest (Vitousek and Fletcher 
2008, p. 541). The northeastern trade winds predominate during three 
quarters of the year, and generate average wave heights of 6.6 ft (2 m) 
(Fletcher and Feirstein 2009, pp. 3-4). During winter, when black-
footed albatrosses are nesting on the Northwestern Hawaiian Islands, 
northwestern Pacific storms generate much larger waves with an average 
height of 25.3 ft (7.7 m) (Fletcher and Feirstein 2009, p. 3). Wave 
inundation of coastal atoll island areas or overwash of entire atoll 
islands is known to occur, but information specific to this issue in 
the Northwestern Hawaiian Islands is limited. Two major features will 
affect future wave inundation: sea level rise and storm frequency and 
intensity. These are discussed below, based on the best scientific 
information available.
    Winter (November through April) mid-latitude (30 to 60[deg] N 
latitude) storms (extra-tropical cyclones) can produce waves that may 
impact black-footed albatross breeding. The southern cold fronts of 
these winter storms bring rain to the Northwestern Hawaiian Islands 
(Juvic et al. 1998, p. 54). The low-pressure centers of these mid-
latitude storms generate ocean waves that can propagate to the Hawaiian 
Islands. Approximately 20 strong mid-latitude storms occur each year in 
the north Pacific (Graham and Diaz 2001, p. 1,874). Large waves 
generated by these storms are known to periodically overwash small 
islets (e.g., Sand and Bird islets at Pearl and Hermes Reef; Gin and 
Little Gin islets at French Frigate Shoals) and inundate coastal sites 
in the Northwestern Hawaiian Islands and destroy near-shore black-
footed albatross nests (Arata et al. 2009, p. 11). Most recently, a 
large wave event destroyed approximately 40 percent of black-footed 
albatross nests on Laysan Island in February 2011, resulting in the 
loss of an estimated 9,000 chicks, and more than 20,000 black-footed 
albatross chicks are estimated to have been lost when the Northwestern 
Hawaiian Islands were overwashed by a tsunami following the March 11, 
2011, earthquake off Sendai, Japan (Flint 2011b, pers. comm.). The 
reported mortality of chicks from the tsunami is likely an 
underestimate, as counts were not available for all islands affected. 
There are no estimates as to the number of adults that may have been 
lost, but in general it is expected that chicks make up the vast 
majority of mortalities in such events.
    Current climate models indicate that mid- and high- (60[deg] to 
90[deg] N latitude; too far north to generate Pacific waves) latitude 
Pacific storms will shift to the north with a decrease in storm 
frequency in the mid-latitudes, an increase in frequency in the north 
latitudes (USCCSP 2008, p. 64), and an increase in the intensity of 
mid- and high-latitude storms (USCCSP 2008, p. 115). These model 
results are supported by observations from 1959 through 1997 that show 
similar trends (USCCSP 2008, pp. 64, 115). Winter (November through 
March) wave heights generated from climate models show significant 
increases in the northwestern and northeastern Pacific, but in the 
vicinity of the major black-footed albatross breeding areas 
(Northwestern Hawaiian Islands, Torishima Island, and the Ogasawara 
Islands), winter wave heights are predicted to remain relatively 
unchanged for the period 1990-2080 (Wang and Swail 2006, p. 116). 
Reduced future storm frequency in the mid-latitudes combined with no 
significant change in wave heights suggests that black-footed albatross 
may likely not be negatively affected to a degree beyond historical and 
current impacts, if these predictions generally hold. As in the past, 
wave surge and occasional overwash events will occasionally impact 
black-footed albatrosses breeding at localized areas. Although such 
events may have a large short-term impact on productivity in a single 
year, as with the significant wave events and tsunami observed in early 
2011, most adult breeders generally survive these events, and the long-
term impact on the species is limited. Therefore, based on the best 
available data, we have no information to indicate that the impact of 
wave or storm events will be so great as to pose a significant threat 
to the breeding populations of the species rangewide, in the Hawaiian 
Islands, or in the Japanese Islands.
Climate Change and Tropical Cyclone Storm Frequency and Intensity
    The Pacific tropical cyclone (e.g., typhoon and hurricane) storm 
season conservatively starts in May or June, with the core storm season 
running from July through November in the eastern and central Pacific, 
and through December in the western Pacific. Black-footed albatrosses 
arrive at their nesting sites in mid- to late October and do not begin 
to lay eggs until mid-November. Thus, the overlap between adult birds 
arriving at nesting sites and the end of the tropical cyclone storm 
season is likely only a few weeks. There are no

[[Page 62528]]

climate model predictions for a change in the duration of Pacific 
tropical cyclone storm season.
    Climate modeling has projected changes in tropical cyclone 
frequency and intensity due to global warming over the next 100 to 200 
years (Vecchi and Soden 2007, pp. 1068-1069, Figures 2 and 3; Emanuel 
et al. 2008, p. 360, Figure 8; Yu et al. 2010, p. 1,371, Figure 14). 
The frequency of hurricanes generated by these tropical cyclones is 
projected to decrease in the central and eastern Pacific (e.g., the 
main and Northwest Hawaiian Islands and the islands off Mexico where 
black-footed albatrosses have recently attempted to breed) while storm 
intensity (strength) is projected to increase by a few percent over 
this period (Vecchi and Soden 2007, pp. 1,068-1,069, Figures 2 and 3; 
Emanuel et al. 2008, p. 360, Figure 8; Yu et al. 2010, p. 1,371, Figure 
14). In the western Pacific (e.g., the Mariana Islands and the Japanese 
Islands that currently, or in the past, supported black-footed 
albatross populations), the frequency and intensity of typhoons are 
projected to increase by a few percent over the next 100 to 200 years 
(Vecchi and Soden 2007, pp. 1,068-1,069, Figures 2 and 3; Emanuel et 
al. 2008, p. 360, Figure 8; Yu et al. 2010, p. 1,371, Figure 14). 
Although there is some indication that the impacts of tropical cyclones 
are expected to increase in general as a result of projected sea level 
rise (Knutson et al. 2010, p. 157), we do not have any modeling 
available specific to the regions used by nesting black-footed 
albatross, and we do not have sufficient data to quantify or evaluate 
the potential impacts of such events on the species or to assess the 
possible population-level response over the extended timeframes of the 
projections, except to note that the timing of such events does not 
usually coincide with the nesting season of the black-footed albatross, 
when potential impacts from such events would be expected.
    In summary, based on the limited information available to us and 
the climate model analyses described above, the anticipated increases 
in cyclone intensity or frequency are minimal. This is especially true 
toward the end of the storm season when albatross begin to arrive at 
the breeding grounds and cyclone intensity and frequency is normally 
decreasing. Furthermore, we believe it is highly unlikely that multiple 
nesting sites would be impacted in a single storm season, given the 
wide geographic spread of the nesting sites used by black-footed 
albatrosses. We further note that the frequency of hurricanes in the 
Northwestern Hawaiian Islands, where the majority of black-footed 
albatrosses nest, is currently low and is predicted to decrease with 
climate change.
    We conclude, based on this assessment, that while there may be some 
short-term impacts to black-footed albatross nesting success due to the 
potential overlap between the arrival of birds at nesting sites and the 
end of the tropical storm season, we do not have evidence to suggest 
that projected changes in storm frequency or intensity will be so great 
as to pose a significant threat to the breeding populations of the 
species rangewide, in the Hawaiian Islands, or in the Japanese Islands.
Climate Change and Marine Productivity
    The link between marine productivity and climate is not well 
understood (McGowan et al. 1998, p. 210; Polovina 2005, p. 233). The 
potential impacts of climate change on the food supply of the black-
footed albatross (mainly flying fish eggs and squid (Arata et al. 2009, 
p. 11)), and thus survival and reproduction, has not been well studied. 
There are, however, two major natural climate oscillations associated 
with major changes in marine ecosystems in the Pacific: El Ni[ntilde]o-
Southern Oscillation (ENSO; (McPhaden et al. 2006, p. 1,741) and the 
Pacific Decadal Oscillation (PDO) (Miller et al. 2004, p. 163).
    The ENSO can influence productivity in the tropical Pacific 
(Fiedler 2002, p. 270; McPhaden et al. 2006, p. 1,741) and the west 
coast of Central and North America (McGowan et al. 1998, p. 214). El 
Ni[ntilde]o-Southern Oscillation is a 2- to 7-year fluctuation of 
unusually warm (El Ni[ntilde]o) and cool (La Ni[ntilde]a) conditions in 
the tropical Pacific associated with an unstable interaction between 
sea surface temperature and atmospheric pressure. It results in 
variations in wind, rainfall, ocean thermocline depth, circulation, and 
ultimately oceanic biological productivity (McGowan et al. 1998, p. 
214; Fiedler 2002, p. 267). At present, the relationship between the 
future frequency and intensity of ENSO events related to global climate 
change is not yet determined and may be unchanged, increasing or 
decreasing (Guilyardi et al. 2010, p. 325; Vecchi and Wittenberg 2010, 
p. 260). ENSO affects areas used by the black-footed albatross mainly 
along the west coast of the United States and Canada (McGowan et al. 
1998, p. 214; McPhaden et al. 2006, p. 1,741; Arata et al. 2009, p. 6). 
In this area, ENSO can affect plankton biomass, the distribution of 
fishes and invertebrates, and the breeding success of seabirds, sea 
lions, and seals (McGowan et al. 1998, p. 214).
    A qualitative analysis of black-footed albatross reproductive 
success (1980 through 2008 on Tern Island, French Frigate Shoals) and 
number of breeding birds (Laysan Island, Midway Atoll, and French 
Frigate Shoals) showed no relationship with El Ni[ntilde]o or La 
Ni[ntilde]a events (USFWS 2009a, unpubl.). Although there have been 
references to ``dramatic breeding failures'' of black-footed 
albatrosses in years following El Ni[ntilde]o events, inspection of the 
underlying data suggest this may be nothing more than natural 
variability, since the same data also show normal productivity 
following other El Ni[ntilde]o years, and no statistical analyses were 
completed to support the claim (Kappes et al. 2010, p. 257, and 
references therein). Based on this information, we conclude that 
changes in ENSO due to climate change are unlikely to affect black-
footed albatross in the foreseeable future.
    The PDO is a recurring pattern of interdecadal climate variability 
that is widespread and detectable as regime shifts in Pacific Ocean 
ecosystem structure (Mantua et al. 1997, p. 1,070). Climate, sea 
surface temperatures, and ecosystems affected by the PDO cover the 
tropical and central north Pacific, the Bering Sea, the Gulf of Alaska, 
the California Current, and the Kuroshio-Oyashio Extension (Miller et 
al. 2004, p. 163). These are areas used by the black-footed albatross 
for foraging. The components of the marine ecosystem that are affected 
include significant changes in primary productivity and in abundance of 
salmon, sardines, anchovy, rockfish, yellowfin tuna, seabirds, 
zooplankton, and nutrients (Chavez et al. 2003, p. 220). While the PDO 
is a well-documented climatic and ecological cycle, the underlying 
causes of PDO are not well understood (Miller et al. 2004, p. 163) and 
reliable climate modeling of future PDO responses are currently lacking 
(Wang et al. 2010, p. 258). An examination of data on black-footed 
albatross reproductive success or the number of breeding birds showed 
no sustained changes before and after the 1999 PDO shift from a warm 
phase to a cool phase PDO (USFWS 2009a, unpubl.). Based on this 
information, we conclude that regime shifts driven by the PDO-
associated climate change are unlikely to pose a significant threat to 
the black-footed albatross.
    A recent study by Kappes et al. (2010, p. 254 and Table 4) 
indicated that the time spent in area-restricted searching (i.e., 
foraging behavior) of black-footed albatrosses decreases with 
increasing sea surface temperature and increases

[[Page 62529]]

with increasing primary productivity. Black-footed albatrosses foraged 
most intensively in areas with sea surface temperatures of 61.3  6.8 [deg]F (16.3  3.82 [deg]C) (Kappes et al. 2010, 
pp. 253, 255). Although black-footed albatrosses demonstrated 
flexibility in foraging strategies and shifted search efforts in 
response to environmental cues, the researchers noted that the 
distribution of sea surface temperatures in the North Pacific will 
likely be altered in response to climate change, and reliable 
associations between water temperature and prey availability may no 
longer persist under such conditions (Kappes et al. 2010, p. 256).
    Polovina et al. 2011 (p. 1) modeled the effects of climate change 
on temperate, subtropical, and tropical North Pacific upwelling biomes. 
Their results project that by 2100 the subtropical biome will expand to 
the north and south, increasing its area by about 30 percent, with a 
slight decrease in primary productivity per unit area and a northward 
shift in warmer sea surface temperatures (Polovina et al. 2008, p. 3, 
Table 1; Polovina et al. 2011 (Figures 2, 6, and 7, respectively). The 
temperate biome to the north of the subtropical biome is predicted to 
decrease in area and also show a slight decrease in primary 
productivity per unit area and warmer sea surface temperatures. The 
core foraging area for breeding black-footed albatrosses spans the 
transition zone between these two biomes (Arata et al. 2009, p. 6; 
Kappes et al. 2010, p. 253; Polovina et al. 2011, Figures 2 and 7).
    As discussed above, sea surface temperature and primary 
productivity are closely associated with the foraging and searching 
behavior of black-footed albatrosses, and these climate change effects 
may eventually impact the breeding success of these birds. Reduction in 
phytoplankton may eventually affect trophic structure, and the impact 
is expected to move up the food web (bottom-up control) through 
copepods that feed on phytoplankton to zooplankton carnivores and on to 
larger top predators such as squid and fish that comprise the diet of 
seabirds (Richardson and Schoeman 2004, p. 1609). These changes in 
productivity may also alter the spatial distribution of primary and 
secondary pelagic production. However, negative impacts to the black-
footed albatross due to changes in ocean productivity have not been 
observed to date, and based on the best information currently 
available, any predicted impacts of shifts in sea surface temperature, 
primary productivity, or other factors such as food type or food 
distribution, on black-footed albatross survival remain speculative. We 
have no information at this time to suggest that possible predicted 
decreases in marine productivity or shifts in marine biomes pose a 
significant threat to the black-footed albatross throughout its range, 
in the Hawaiian Islands, or in the Japanese Islands.
Climate Change and Ambient Temperature
    Ambient temperature is one of many variables that affects the 
ability of a seabird to thermoregulate (maintain its internal body 
temperature)--wind speed, solar radiation, and humidity, as well as 
metabolic heat production, thermal conductance, evaporative cooling, 
and behavior also affect the rate of heat transfer (Bakken et al. 1985, 
p. 934; Bakken 1992, entire). During the hatching and early nestling 
stages, air temperatures at black-footed albatross nest sites can reach 
daily maxima of 76 [deg]F (24.5 [deg]C) in January and February and 
86.9 and 87.8 [deg]F (30.5 and 31.0 [deg]C) in June and July; soil 
temperatures may be as high as 104 [deg]F (40 [deg]C) (Howell and 
Bartholomew 1961, pp. 185-186). In general, avian embryos do not 
tolerate temperatures higher than 96.8 to 102.2 [deg]F (36 to 39 
[deg]C), although several species can tolerate temperatures as high as 
105.8 [deg]F (41 [deg]C) for several hours (Webb 1987, p. 893). The 
vigilant brooding behavior of black-footed albatross parents, however, 
protects their young from environmental extremes and maintains dry, 
shaded conditions for eggs and chicks kept at approximately 96.8 [deg]F 
(36 [deg]C) (Howell and Bartholomew 1961, p. 195).
    The thermal tolerances of black-footed albatross adults, chicks, 
and eggs are not known. Incubation and brooding occurs in a dry 
environment often in open areas among bushes and trees (Howell and 
Bartholomew 1961, p. 192; Rice and Kenyon 1962a, pp. 558-562). Adult 
and large juvenile black-footed albatrosses respond to high ambient 
temperatures by panting, moving into shade, elevating their highly 
vascularized feet to increase convective cooling, shading their 
elevated feet by keeping their backs to the sun, and by lowering their 
heads (Howell and Bartholomew 1961, p. 189). Young chicks are brooded 
and sheltered by their parents until they are able to thermoregulate at 
about 18 to 20 days of age. Unbrooded, dry chicks can thermoregulate at 
air and substratum temperatures of 78.8 to 81.5 [deg]F (26 to 27.5 
[deg]C) (Howell and Bartholomew 1961, p. 194, Figure 8). When 
nonbrooded chicks become hot, they often move away from the natal nest 
and build themselves a new, temporary nest in the shade of some nearby 
vegetation, returning to the natal nest when the adult returns to the 
nest with food (Rice and Kenyon 1962a, pp. 558-562).
    Observations from other seabird species suggest that black-footed 
albatross are likely well adapted to tolerate the high temperatures 
that may be encountered during the breeding season. Other seabird 
species with dark plumage, such as the brown noddy (Anous stolidus) and 
sooty tern (Sterna fuscata), are known to nest under similar conditions 
in the Hawaiian Islands and have numerous adaptive mechanisms that 
enable them to deal with heat stress (Mathiu et al. 1991, entire; Ellis 
et al. 1995, entire; Mathiu et al. 1994, entire). Research suggests 
these seabirds have relatively low basal metabolic rates that may help 
offset heat gain from absorption of radiant heat by their dark plumage 
(Ellis et al. 1995, p. 311). These birds also exhibit a relatively wide 
thermoneutral zone (the range of ambient temperatures where energy 
spent on thermoregulation is minimized) between 77 and 95 [deg]F (25 to 
35 [deg]C) for the sooty tern (Mathiu et al. 1991, p. 322, and 
references therein) and 72.1 to 98.8 [deg]F (22.3 to 37.1 [deg]C) for 
the brown noddy (Ellis et al. 1995, p. 309). Brown noddies can also 
allow body temperature to increase slightly in response to high ambient 
temperatures, which allows them to avoid evaporative water loss (Mathiu 
et al. 1991, p. 323; Ellis et al. 1995, p. 310). Sooty terns and brown 
noddies can use evaporative cooling at air temperatures up to 109 
[deg]F (43 [deg]C) (Mathiu et al. 1991, p. 323; Mathiu et al. 1994, p. 
286; Ellis et al. 1995, p. 312). Both species demonstrated greater 
effectiveness responding to high air temperatures as opposed to low air 
temperatures, and even hatchlings successfully thermoregulated under 
conditions of heat stress (Mathiu et al. 1991, p. 323; Mathiu et al. 
1994, p. 292; Ellis et al. 1995, pp. 311-312). Chicks of the western 
gull (Larus occidentalis) can survive ambient air temperatures that are 
14.4 to 25.2 [deg]F (8 to 14 [deg]C) higher than the daily maximum 
normally experienced (Salzman 1982, p. 743). Although we do not have 
studies specific to the black-footed albatross, we believe it is 
reasonable to assume this species has likely developed physiological 
adaptations to its environment similar to those exhibited by other 
seabirds nesting under similar environmental conditions.
    The global average temperature has risen by approximately 0.319 
[deg]F (0.177 [deg]C) per decade since 1981 (Trenberth et al. 2007, p. 
253). According to modeling projections, global average temperature

[[Page 62530]]

is expected to continue to rise, even if carbon emissions remain at 
current levels (IPCC 2007, p. 13). In the main Hawaiian Islands at low 
elevation, the increase in surface temperature is about half of the 
global average, at approximately 0.157 [deg]F (0.087 [deg]C) per decade 
(1975-2005) (Giambelluca et al. 2008, p. 2). Under the various 
emissions scenarios considered by the IPCC, the range of increase in 
annual mean SAT change is projected to be 1.15 to 1.24 [deg]F (0.64 to 
0.69 [deg]C) between 2011 and 2030 and 2.32 to 3.15 [deg]F (1.29 to 
1.75 [deg]C) for the years 2046-2065 (Meehl et al. 2007, p. 763, Table 
10.5). If the Hawaiian Islands continue to lag behind the global 
average in that same manner described above (Giambelluca et al. 2008, 
p. 2), then we expect average low-elevation temperatures will increase 
approximately half of the global average level, and thus for 2046-2065 
would increase 1.16 to 1.57 [deg]F (0.65 to 0.88 [deg]C). Thus, June 
and July average air temperatures in the Northwestern Hawaiian Islands 
are likely to stay below 90 [deg]F (33.3 [deg]C) over the next several 
decades. While modeling has provided us with a range of increases in 
average regional and global temperatures, we note that we do not have 
such projections for the magnitude of likely future temperature 
extremes.
    In summary, although we cannot predict future operative 
environmental temperatures that will be experienced by the black-footed 
albatross, our evaluation of the best scientific and commercial data 
available at this time indicates this species exhibits a variety of 
adaptations to nesting in a hot environment with intense solar 
radiation, and is likely capable of adapting to the projected average 
increases in air temperature expected over the next several decades. 
Therefore, based on our evaluation, we conclude the projected increase 
in average ambient temperature does not pose a significant threat to 
the black-footed albatross rangewide, in the Hawaiian Islands, or in 
the Japanese Islands.
Summary of Factor A
    Although historically military activities impacted nesting 
populations of black-footed albatrosses as well as their nesting 
habitat in the central and western Pacific prior to, during, and after 
World War II, black-footed albatross nesting habitat rangewide is 
currently protected on islands that are managed for the conservation of 
native wildlife and their habitat, and a future military presence with 
negative impacts to habitat is unlikely. Loss of breeding habitat from 
active volcanism is a potential threat on Torishima Island in Japan, 
though less than 5 percent of the rangewide breeding population nests 
on this island. In addition, we have evidence that black-footed 
albatrosses have survived past eruptions or successfully recolonized 
following volcanic events on Torishima (see ``Volcanic Activity,'' 
above). Volcanic activity is not known on any of the nesting islands 
for black-footed albatross in the Hawaiian Islands. We do not consider 
the potential exploration of undersea natural gas resources to be a 
threat to black-footed nesting habitat on the Senkaku Islands, where 
less than 0.1 percent of the rangewide breeding population nests, since 
the sovereignty of those islands is in dispute, the existence of such 
reserves is questionable, and it appears unlikely that any such 
exploration will occur. Even should such development occur, we have no 
evidence to suggest that it would result in substantial enough impacts 
to nesting habitat to pose a threat to the black-footed albatross. 
Natural gas development is not anticipated on any of the nesting 
islands for black-footed albatross in the Hawaiian Islands. For the 
reasons described above, we conclude military activities, volcanic 
activity, and natural gas development do not pose a threat to the 
black-footed albatross in relation to the present or threatened 
destruction, modification, or curtailment of habitat or range of the 
species in the Hawaiian Islands, the Japanese Islands, or rangewide.
    Verbesina encelioides is an invasive, nonnative plant that is 
established on Kure Atoll, Midway Atoll, and Pearl and Hermes Reef that 
poses a threat to the black-footed albatross. The Service and HDLNR are 
implementing control measures to reduce the distribution of V. 
encelioides on Midway and Kure atolls. Casuarina equisetifolia is a 
nonnative tree that has been identified as a threat to ground-nesting 
seabirds on Midway Atoll. Casuarina equisetifolia is also subject to a 
control program. The black-footed albatross populations on Midway Atoll 
and Kure Atoll are increasing, in spite of the presence of V. 
encelioides on both of these islands and the presence of C. 
equisetifolia on Midway Atoll. Therefore, we conclude that current 
control measures are sufficient to offset this threat, and we expect 
such measures to continue. We have no information to indicate the 
likely effects of climate change on these nonnative plants. In 
addition, we have no information to indicate nonnative plants pose a 
threat to black-footed albatrosses in the Japanese Islands. Therefore, 
we conclude that, as currently managed, V. encelioides and C. 
equisetifolia, or other nonnative plants, are not a significant threat 
to the black-footed albatross rangewide, in the Hawaiian Islands, or in 
the Japanese Islands.
    Our analysis indicates that projected sea level rise over the next 
10 to 20 years (0.5-1.0 ft (0.1-0.3 m)), 30 to 40 years 1.4-1.9 ft 
(0.4-0.6m), and 50 years (2.4 ft (0.7 m)), may result in beach erosion 
in some (seaward) areas and beach deposition in other (lagoon-side) 
areas on Tern, Sand, and Eastern islands, and Kure Atoll (which 
together support approximately 48 percent of black-footed albatross 
breeding pairs), as has been observed in other Pacific atoll islands in 
response to rising sea level. Sea level rise is likely to affect only a 
very limited area of the geomorphologically similar islands of 
Lisianski and Laysan (which together support approximately 35 percent 
of black-footed albatross breeding pairs). Approximately 12 percent of 
black-footed albatrosses nest on high islands, which we defined as 
islands with maximum elevation greater than 165 ft (50 m) (e.g., Kaula, 
Lehua, Necker, and Nihoa in the Hawaiian Islands and the Japanese 
islands of Torishima, Senkaku, and Ogasawara). Breeding birds on these 
islands will not be affected by projected sea level rise. Although sea 
level rise is expected to result in the loss of land area in the 
Hawaiian Islands, and we acknowledge that this loss of land may 
disproportionately affect black-footed albatross nesting habitat, the 
best available information indicates that sufficient land area will 
likely remain to support large numbers of black-footed albatross, 
albeit at reduced numbers.
    Based on the anticipated relatively gradual nature of sea level 
rise over time, the amount of land area projected to remain, the 
ability of black-footed albatrosses to nest in habitats other than 
sandy beaches, the apparent capacity of these islands to support high 
densities of nesting seabirds, and the evidence suggesting that black-
footed albatrosses may have the behavioral flexibility to seek out new 
nesting sites, we believe the black-footed albatross may shift to new 
nest sites over time in response to sea level rise in the Hawaiian 
Islands. Based on this assessment, we do not believe sea level rise and 
coastal inundation pose a significant threat to the black-footed 
albatross rangewide, in the Hawaiian Islands, or in the Japanese 
Islands.
    Current climate models indicate that winter wave heights in the 
black-footed albatross breeding areas in the Northwestern Hawaiian 
Islands and the

[[Page 62531]]

Japanese Islands will remain unchanged. Wave surge and overwash events 
are expected occurrences and will continue to happen occasionally and 
impact breeding black-footed albatrosses in localized areas. We have no 
evidence that such events will have greater impacts on the population 
than are observed under current conditions. Based on this assessment, 
we do not believe winter wave inundation poses a significant threat to 
the black-footed albatross rangewide, in the Hawaiian Islands, or in 
the Japanese Islands.
    While tropical storm intensity is projected to increase slightly 
(i.e., by a few percent) in the central Pacific (e.g., Hawaiian 
Islands) in response to climate change, the frequency of tropical 
storms is projected to decrease. Over the next 100 to 200 years, slight 
increases (i.e., a few percent) in both the frequency and intensity of 
tropical storms are projected in the western Pacific (e.g., Japanese 
Islands). These projected increases are not expected to significantly 
affect black-footed albatrosses, which arrive at their nesting sites in 
mid- to late October and begin laying eggs in early to mid-December. 
Tropical storm season in the central and western Pacific ends in 
November or December; therefore, the period of overlap between birds 
arriving at nesting sites and the end of the tropical storm season is 
likely only a few weeks, which reduces the probability of tropical 
storms impacting nesting black-footed albatrosses. While there may be 
some short-term impacts to black-footed albatross nesting success due 
to the potential overlap of bird arrivals at nesting sites at the end 
of the tropical storm season, we do not anticipate these impacts to 
significantly affect the breeding population of the species. Therefore, 
based on our assessment of the best available information, we do not 
believe projected changes in storm frequency and intensity pose 
significant threats to the black-footed albatross rangewide, in the 
Hawaiian Islands, or in the Japanese Islands. We are unable to assess 
the effects of climate-induced changes in the duration of tropical 
storm seasons on the black-footed albatross due to the lack of studies 
and available information.
    Negative impacts to black-footed albatrosses due to changes in 
marine productivity as a result of climate change have not been 
observed. Interannual changes in marine productivity from ENSO 
fluctuations have not impacted breeding success for the black-footed 
albatross on Tern Island over 28 years of observations, nor have 
changes in marine productivity had an effect on the number of pairs 
attempting to nest on Laysan Island, Midway Atoll, or French Frigate 
Shoals. The PDO is a well-documented climatic and ecological cycle 
though its underlying causes are not well understood, and climate 
models of future PDO responses are not available. The large foraging 
range of the black-footed albatross may buffer it from the impacts of 
variable or reduced marine productivity. Based on our assessment of the 
best available information with regard to ENSO, PDO, and reduced marine 
productivity, we do not believe that possible predicted decreases in 
marine productivity pose a significant threat to the black-footed 
albatross rangewide, in the Hawaiian Islands, or in the Japanese 
Islands.
    Periodic fluctuations in ambient temperature have been withstood 
and have shown no significant influence on the rangewide population of 
the black-footed albatross, which is currently stable or increasing. 
Increases in ambient temperature on the Hawaiian Islands have been 
about half of the global average (Giambelluca et al. 2008, p. 2), 
therefore the anticipated range of increase by the year 2065 is about 
1.16 to 1.57 [deg]F (0.65 to 0.88[deg]C), based on IPCC global 
projections of increase in annual mean SAT of 2.32-3.15[deg]F (1.29-
1.75 [deg]C) between 2046 and 2065 (Meehl et al. 2007, p. 763, Table 
10.5). Black-footed albatrosses are adapted to nesting in a hot 
environment with high solar radiation, and brooding adults normally 
provide a stable thermal environment for eggs and chicks. Studies of 
other seabirds have indicated significant levels of chick mortality 
when air temperatures increased by a measure of 14.4 to 25.2 [deg]F (8 
to 14 [deg]C) above the normal daily maximum temperatures, suggesting 
that the predicted average increase of 1.16 to 1.57 [deg]F (0.65 to 
0.88[deg]C) is unlikely to affect black-footed albatross chicks. 
However, because we have no information to suggest the magnitude of 
future temperature extremes, we cannot make any informed assessment as 
to how such extreme temperatures may potentially impact the species. In 
assessing the best available information, we find no compelling 
evidence that the black-footed albatross will experience population-
level effects from projected increases in global ambient temperature 
rangewide, in the Hawaiian Islands, or in the Japanese Islands.
    Therefore, based on our assessment of the best scientific and 
commercial data available, concerning present threats to black-footed 
albatross habitat and their likely continuation in the future, we 
conclude the black-footed albatross is not threatened by the present or 
threatened destruction, modification, or curtailment of its habitat or 
range rangewide, in the Hawaiian Islands, or in the Japanese Islands.

Factor B. Overutilization for Commercial, Recreational, Scientific, or 
Educational Purposes

    The exploitation of the black-footed albatross for feathers and 
eggs at the turn of the twentieth century reduced its population to its 
lowest known size and distribution (Lewison and Crowder 2003, p. 744; 
Arata et al. 2009, p. 35). In 1923, the breeding population was 
estimated to be 18,000 pairs (Arata et al. 2009, p. 2). Little 
information exists to estimate the former size of the extirpated 
colonies. The threat from poaching no longer exists because nesting 
islands are now managed for the conservation and protection of native 
wildlife and their habitat, and there is no longer a demand for black-
footed albatross feathers and eggs.
    We are not aware of any information indicating that overutilization 
of black-footed albatrosses for commercial, scientific, or educational 
purposes threatens this species anywhere within its range, or is likely 
to do so within the foreseeable future. Therefore, based on a review of 
the best scientific and commercial information available, we conclude 
that overutilization for commercial, recreational, scientific, or for 
educational purposes is not a significant threat to the black-footed 
albatross across its range, in the Hawaiian Islands, or in the Japanese 
Islands.

Factor C. Disease or Predation

    Because the range of the black-footed albatross overlaps with that 
of the endangered short-tailed albatross (Phoebastria albatrus) (final 
listing rule 65 FR 46643; July 31, 2000), it has been suggested that 
disease and predation factors affecting the short-tailed albatross are 
likely the same for black-footed albatrosses. Here we consider whether 
diseases such as avian pox, avian cholera, or West Nile virus are a 
potential risk to black-footed albatrosses, and whether predation poses 
a significant risk to the species.
Disease
    Avian pox is a disease that has been reported in Laysan albatrosses 
on Midway Atoll and on the main Hawaiian Islands (Sileo et al. 1990b, 
p. 335; Young and VanderWerf 2008, pp. 93-97; Arata et al. 2009, pp. 
20-21). The principal form of transmission in wild birds is through the 
introduced mosquito, Culex quinquefasciatus, rather than through direct 
contact with

[[Page 62532]]

a contaminated surface or aerosol (Warner 1968, p. 104; Arata et al. 
2009, p. 20). In the breeding range of the black-footed albatross in 
the Hawaiian Islands, the mosquito has been documented only on Midway 
Atoll and Lehua Island. Epizootics (an epidemic disease outbreak in 
animals) of pox in Laysan albatrosses have occurred on Midway Atoll in 
the past, but we do not have information documenting the occurrence of 
pox in black-footed albatrosses on Midway Atoll (Arata et al. 2009, p. 
20). It has been suggested that pox rarely affects chicks of the black-
footed albatross because they nest in more open areas, where mosquitoes 
are not as abundant (Arata et al. 2009, p. 20). A 4-year study of the 
effect of avian pox on the fledging success of Laysan albatrosses on 
Oahu (Young and VanderWerf 2008, entire) found infection rate was 
significantly correlated with rainfall; however, differences were not 
detected in fledging rate in years with high pox infections (wet years) 
and years with low pox infections (dry years), nor with the overall 
fledging rate on Midway Atoll.
    Although it was once thought that high chick mortality would result 
from infection with avian pox in Laysan albatrosses, even chicks with 
severe infections survived, and some resightings of formerly infected 
chicks as healthy adults confirmed survivorship (Young and VanderWerf 
2008, p. 96). The high recovery rate, fledging success, and post-
fledging survival of albatross chicks with avian pox infections 
suggests strong immunity to the disease (Young and VanderWerf 2008, p. 
93). However, it is not known whether infection may impact long-term 
survivorship or reproduction (Young and VanderWerf 2008, p. 96). On 
Lehua Island, 2 of 16 black-footed albatross chicks were observed with 
pox lesions in 2005, but appeared to be in good condition otherwise, 
and were presumed to have developed and fledged normally (VanderWerf 
2011, pers. comm.). In summary, the prevalence of avian pox in black-
footed albatrosses in the Hawaiian Islands is low, and based on limited 
information, it appears that infected individuals recover from the 
disease (Young and VanderWerf 2008, p. 93. Therefore, we conclude that 
avian pox does not pose a significant threat to the black-footed 
albatross in the Hawaiian Islands.
    We are unable to determine the extent and impact of avian pox on 
the black-footed albatross in the Japanese Islands due to the lack of 
study and available information. We have no information to suggest that 
avian pox is present on any of the Japanese Islands used for nesting by 
black-footed albatrosses. Based on the limited information available 
regarding this disease, it is reasonable to assume that the prevalence 
of this disease in black-footed albatrosses in the Japanese Islands, if 
present, is low (since it has never been reported from the birds on 
these islands) and as we have no information to suggest that the 
situation in the Japanese Islands is different from that in the 
Hawaiian Islands. We assume that if any birds were infected, 
individuals would recover from the disease, as has been observed in the 
Hawaiian Islands. Therefore, the effect of avian pox on black-footed 
albatrosses in the Japanese Islands is expected to be minimal, and we 
have no evidence to suggest that avian pox poses a significant threat 
to the black-footed albatross in the Japanese Islands.
    Diseases such as West Nile virus, avian cholera, and avian 
influenza have not been documented in north Pacific albatrosses. West 
Nile virus is a mosquito-borne disease that has had dramatic effects on 
birds in North America, though it has not been detected in the Hawaiian 
Islands. It has been found in more than 60 species of dead wild birds, 
and an additional 20 species of dead birds in zoos (Steele et al. 2000, 
pp. 208-224; Vetmed 2009). A thorough search of the literature 
indicated that the virulence of West Nile virus to black-footed 
albatrosses, or albatrosses of any species, has not been tested. As 
stated above, within the breeding range of black-footed albatrosses, 
mosquitoes currently occur on Midway Atoll and Lehua Island. For 
transmission to occur, either an infected bird has to reach a breeding 
island with mosquito populations, or a mosquito carrying the virus has 
to reach a breeding island. There is some question as to whether a bird 
with an active virus could survive the attempt to fly to the Hawaiian 
Islands (Burgett 2009, pers. comm.). A mosquito already infected with 
West Nile virus could arrive on Midway Atoll as a stowaway on an 
airplane (only Midway Atoll and Tern Island have active runways), but 
most flights to these locations originate in Honolulu (where screening 
protocols are in place, see below), although Midway's runway is 
available to all aircraft as an emergency landing strip (Flint 2009b, 
pers. comm.).
    Between 2000 and 2009, the State of Hawaii's Departments of 
Agriculture and Health and the U.S. Department of Transportation 
implemented a West Nile virus monitoring program at major airports in 
the main Hawaiian Islands (State of Hawaii 2009). Currently this 
program is funded by the Service to monitor wild birds at Honolulu 
International Airport, Kalaeloa Regional Airport, and Dillingham 
Airfield, all on Oahu. Over the past 10 years of monitoring, West Nile 
virus has not been detected in the Hawaiian Islands. Therefore, the 
risk of transmission of West Nile virus to the Northwestern Hawaiian 
Islands is considered to be very low. West Nile virus has not been 
documented in north Pacific albatrosses nor has it been documented in 
wild or domestic birds in the Hawaiian Islands. Midway Atoll and Lehua 
Island do harbor mosquito populations, but the chance of these 
mosquitoes becoming infected with West Nile virus is unlikely. 
Therefore, we believe that West Nile virus does not pose a threat to 
the black-footed albatross in the Hawaiian Islands.
    West Nile virus has not been documented in Japan (Shirafuji et al. 
2011, entire), and we have no information to suggest that West Nile 
virus occurs within the breeding range of the black-footed albatross on 
any of the Japanese Islands. Due to the lack of study and available 
information we are unable to determine the potential extent and impact, 
if any, of West Nile virus on the black-footed albatross in the 
Japanese Islands, should the disease ever occur there. However, we 
presently have no evidence that it is likely to occur on the remote 
breeding islands of the species, or to suggest that it may pose a 
significant threat to the Japanese Islands population.
    Avian cholera is a result of an infection by the bacterium 
Patruella multocida, and usually occurs in large-scale outbreaks, most 
commonly in migratory waterfowl at staging areas when populations are 
concentrated (Botzler 1991, pp. 367-395; USGS 1999, p. 75). 
Transmission can occur through inhalation of aerosol containing the 
bacteria or through the skin or mucous membranes by contact with 
contaminated surfaces (USGS 1999, p. 75). Avian cholera was first 
documented in the large yellow-nosed albatross (Diomedea 
chlororhynchos) as a probable cause of a significant decline in an 
albatross population. This species breeds on Amsterdam Island in the 
Indian Ocean and avian cholera is suspected to have spread to breeding 
colonies of the sooty albatross (Phoebastria fusca) and the very rare 
Amsterdam albatross (D. amsterdamensis) that also nest there 
(Weimerskirch 2004, pp. 374-379). The source of avian cholera on 
Amsterdam Island has not been confirmed but is suspected to have 
originated from domestic poultry or by increases in

[[Page 62533]]

temperature in the Indian Ocean, which increase the persistence of the 
bacteria in the environment (Weimerskirch 2004, p. 378). However, avian 
cholera has not been detected in birds in the Hawaiian Islands, and 
reports of die-offs of wild birds in countries other than the United 
States and Canada are uncommon (USGS 1999, pp. 80-82). Therefore, we 
conclude that avian cholera is not a threat to the black-footed 
albatross in the Hawaiian Islands.
    We have little information with which to determine the potential 
extent and impact of avian cholera on black-footed albatrosses in the 
western Pacific islands due to the lack of study and available 
information; although avian cholera has been documented in Japan, 
mostly in domestic birds (Sawada et al. 1999, p. 21), we have no 
information indicating that avian cholera has been found on the 
Japanese islands used for nesting by the black-footed albatross. 
Furthermore, these islands are remote, and, should cholera ever spread 
to Torishima, the Ogasawara Islands, or the Senkaku Islands, the 
geographic distance between them makes it unlikely that all colonies 
would be affected simultaneously. Based on the limited information 
available, there is no evidence to suggest that avian cholera may pose 
a significant threat to the Japanese Islands population.
    Wild birds have been affected by the H5N1 highly pathogenic avian 
influenza since 2002 (Uchida et al. 2008, p. 1). Avian influenza is 
primarily spread by direct contact between infected birds and healthy 
birds, and through indirect contact with contaminated equipment and 
materials. The virus is excreted through the feces of infected birds 
and through secretions from the nose, mouth, and eyes (USDA 2007). 
International surveillance for H5N1 avian influenza in wild birds was 
initiated in 2005. To date, H5N1 avian influenza has not been detected 
in wild birds in the mainland United States, the Hawaiian Islands, nor 
in Canada (Wildlife Disease 2009). As of September 2009, almost 4,000 
samples had been collected from birds in the Hawaiian Islands, with no 
samples testing positive for the virus (Wildlife Disease 2009). For 
logistical reasons, surveillance in the Pacific region is implemented 
in locations where people are stationed. In remote areas such as the 
Northwestern Hawaiian Islands, sampling is passive and consists of 
testing dead birds; mortalities that are of concern or are questionable 
are sent to the USGS Honolulu Field Station for necropsy and testing 
for avian influenza (Fisher 2009, pers. comm.). In the course of 3 
years, seven Laysan albatrosses from Midway Atoll have been sampled for 
avian influenza, but no black-footed albatrosses have been sampled, 
through either a live or mortality sample (Fisher 2009, pers. comm.). 
None of the seven Laysan albatrosses tested positive for the H5N1 virus 
(Fisher 2009, pers. comm.).
    The Northwestern Hawaiian Islands are part of the Mid-Pacific 
flyway, which overlaps with the East Asian-Australasian flyway. 
Migratory shorebirds and waterfowl from sites in the Pacific with 
documented cases of H5N1 in wild and domestic birds, and also birds 
from the North American west coast and Alaska, are likely to use the 
Hawaiian Islands as a stopover or as wintering grounds. If an infected 
bird arrives in the Hawaiian Islands, it could come in contact with 
uninfected birds and transmit the virus to other wild birds, including 
the black-footed albatross. Additionally, because black-footed 
albatrosses range widely, they could come into contact with infected 
birds in waters adjacent to nations that have H5N1 infection in wild 
and domestic birds. However, the H5 subtypes of avian influenza do not 
survive well under saline conditions, which would reduce their survival 
in the saline conditions surrounding black-footed albatross nesting 
islands (Brown et al. 2007, p. 285). The H5N1 avian influenza has been 
detected in wild birds (primarily waterfowl) on the main islands of 
Japan (Uchida et al. 2008, p. 2); however, H5N1 avian influenza has not 
been detected in wild birds on the Japanese Islands (Torishima Island, 
Ogasawara Islands, Senkaku Islands). The possibility of infection of 
black-footed albatrosses with the H5N1 virus appears to be low, and we 
have no evidence to suggest that it poses a significant threat to the 
species anywhere within its range. Therefore, we conclude that H5N1 
avian influenza is not a significant threat to the black-footed 
albatross across its range, in the Hawaiian Islands, or in the Japanese 
Islands. Furthermore, at this time the limited information available 
does not suggest that the effects of climate change are likely to 
increase the threat of avian disease to the black-footed albatross.
    In summary, based on our assessment of the best scientific and 
commercial data available, we conclude that the black-footed albatross 
is not threatened by disease across its range, in the Hawaiian Islands, 
or in the Japanese Islands.
Predation
    All of the islands in the Northwestern Hawaiian Islands are free of 
rats (Rattus spp.), which are known to prey on eggs and chicks of the 
black-footed albatross. To prevent the introduction of rats to the 
Northwestern Hawaiian Islands, which are part of the PMNM, every vessel 
that enters the PMNM is required by access permit to be inspected for 
rats (White 2009, pers. comm.). In 2009, rat eradication efforts were 
initiated on Lehua Island, where less than 0.011 percent of the 
rangewide breeding population of black-footed albatrosses occurs. 
Although these efforts were not entirely successful, the eradication 
strategy is continuing to undergo review and improvement (Parkes and 
Fisher 2011, entire). Lehua Island is the only island currently used by 
nesting black-footed albatrosses in the Hawaiian Islands that has rats, 
and because such a small proportion of the population nests there, we 
conclude that predation by rats does not pose a significant threat to 
black-footed albatrosses in the Hawaiian Islands.
    In the Japanese Islands, rats are documented from Torishima Island 
and the Ogasawara Islands (Okochi et al. 2004, p. 1,466) and could 
occur on the Senkaku Islands, though recent survey information is not 
available. The Ogasawara Islands and Torishima Island together are home 
to approximately 5 percent of the rangewide breeding population and 98 
percent of the Japanese Islands population, which has been documented 
to be increasing despite the presence of rats (Cousins and Cooper 2000, 
p. 23; ACAP 2010, p. 4; Hasegawa 2010 pers. comm.). Even though there 
has been no documented effect of rat predation on the population, it is 
likely that rat predation is limiting the growth potential of the 
population, and an effort should be made to eradicate the rats from 
Torishima. Nonetheless, the continued positive growth of the 
populations in Japan (see Figure 4) indicates that predation by rats is 
likely not a limiting factor for these populations; therefore, we 
conclude that predation by rats does not pose a significant threat to 
black-footed albatrosses in the Japanese Islands.
    Predation by sharks has been suggested as a possible threat to the 
black-footed albatross. Sharks are present offshore of all breeding 
islands and prey upon fledglings on their first flight out to sea; this 
likely occurs throughout the range of the black-footed albatross, but 
is best documented in the Northwestern Hawaiian Islands (Naughton et 
al. 2007, p. 10). On Tern Island, it is estimated that approximately 10 
percent of black-footed albatross fledglings are depredated by sharks 
(Wake Forest University 1999, p. 1). Predation of fledging black-footed 
albatrosses by

[[Page 62534]]

sharks is a natural source of mortality, and modeling efforts by 
numerous authors (Cousins and Cooper 2000, entire; Lewison and Crowder 
2003, entire; Wiese and Smith 2003, entire; Niel and LeBreton 2005, 
entire; Veran et al. 2007, entire; and Arata et al. 2009, entire) have 
incorporated estimates of juvenile survivorship into their population 
projections that account for sources of mortality, such as shark 
predation, that may be present but cannot be quantified. Since measures 
of juvenile survivorship reflect all sources of mortality, including 
shark predation, and these models report mostly stable and increasing 
populations of black-footed albatrosses in both the Hawaiian Islands 
and the Japanese Islands (Wiese and Smith 2003, p. 35; Arata et al. 
2009, p. 51; ACAP 2010, p. 5; Figure 4, this document), we cannot 
conclude that shark predation is having a population-level effect on 
the black-footed albatross. We, therefore, have no evidence to suggest 
that shark predation may pose a significant threat to the black-footed 
albatross population rangewide, in the Hawaiian Islands, or in the 
Japanese Islands.
Summary of Factor C
    The prevalence of avian pox is low for black-footed albatrosses in 
the Hawaiian Islands. Although mortality from avian pox was once 
thought to be relatively high, more recent information indicates that 
infected individuals recover and most likely survive. Because of a lack 
of study and available information, we are unable to determine the 
extent, if any, and impact of avian pox on black-footed albatrosses in 
the western Pacific islands, but we have no evidence to suggest that it 
may pose a significant threat to the Japanese Islands population. Based 
on this information, we conclude that avian pox does not pose a 
significant threat to the black-footed albatross rangewide, in the 
Hawaiian Islands, or in the Japanese Islands.
    Other avian diseases, such as H5N1 avian influenza, West Nile 
virus, and avian cholera, have not been documented in the Hawaiian 
Islands or in the black-footed albatross breeding islands in the 
western Pacific. The H5N1 avian influenza has been reported only on the 
main islands of Japan and has been associated primarily with domestic 
birds and migratory waterfowl (Uchida et al. 2008, pp. 1-8). It has not 
been reported from albatrosses on these islands or from black-footed 
albatrosses on Torishima Island, the Ogasawara Islands, or the Senkaku 
Islands, but this may be because of a lack of study. No other data are 
available with which to assess the susceptibility of black-footed 
albatrosses to these diseases (H5N1 avian influenza, West Nile virus, 
and avian cholera). If any of these diseases becomes established in the 
breeding islands of the black-footed albatross in the future, this 
species may be impacted, but the remoteness of its Pacific islands 
breeding habitat decreases the likelihood of transmission of these 
diseases to these areas. Therefore, we conclude that H5N1 avian 
influenza, West Nile virus, and avian cholera do not pose a significant 
threat to the black-footed albatross rangewide, in the Hawaiian 
Islands, or in the Japanese Islands.
    Predation by nonnative rats is not a threat to black-footed 
albatrosses in the Northwestern Hawaiian Islands, where 95 percent of 
the species breeds, because: (1) There are no rats on these islands; 
and (2) protocols are in place to prevent the inadvertent introduction 
of rats to these islands or to eradicate them if they are accidentally 
introduced (White 2009, pers. comm.). Rat eradication efforts are 
ongoing on Lehua Island in the main Hawaiian Islands, where less than 
0.01 percent of the rangewide black-footed albatross population breeds. 
Rats are reported on Torishima Island and the Ogasawara Islands, where 
almost 5 percent of the black-footed albatross population breeds 
rangewide; however, the breeding colonies on these islands appear to be 
increasing, despite the presence of rats (Hasegawa 2010, pers. comm.). 
It is unknown if rats are present on the Senkaku Islands, where less 
than 0.1 percent of the black-footed albatross breeding population 
nests. Based on the lack of evidence that rats are having any limiting 
effect on black-footed albatross populations, we do not consider rat 
predation to be a significant threat to the black-footed albatross in 
the Japanese Islands. Therefore, we conclude that predation by rats 
does not pose a significant threat to the black-footed albatross 
rangewide, in the Hawaiian Islands, or in the Japanese Islands.
    Shark predation is a natural source of mortality for the black-
footed albatross. However, population models that have taken this 
natural source of mortality into account report stable and increasing 
populations of black-footed albatross (Arata et al. 2009, p. 51). 
Therefore, we conclude that predation by sharks does not pose a 
significant threat to the black-footed albatross rangewide, in the 
Hawaiian Islands, or in the Japanese Islands.
    Based on our assessment of the best scientific and commercial data 
available, we conclude that the black-footed albatross is not 
threatened by either disease or predation rangewide, in the Hawaiian 
Islands, or in the Japanese Islands.

Factor D. The Inadequacy of Existing Regulatory Mechanisms

    To determine whether existing regulatory mechanisms protect the 
black-footed albatross, we reviewed existing international and U.S. 
conventions, agreements, and laws for the specific protection of black-
footed albatrosses or their marine and terrestrial habitats in the 
countries where they forage, migrate, and breed. The black-footed 
albatross ranges throughout the north Pacific and forages and breeds 
within multiple national jurisdictions and international waters. First, 
we discuss the protection status of the black-footed albatross and its 
marine and terrestrial habitat at international, national, and regional 
levels, followed by a discussion of international and national 
fisheries regulations that are designed to reduce and monitor seabird 
bycatch from fisheries operations.
International Protection
    Because the black-footed albatross ranges across the jurisdictions 
of multiple nations (e.g., United States, Canada, Japan, Russia), 
international agreements may provide some protection for the species 
(Table 5). Most of the agreements and conventions listed in Table 5 
stem from bilateral implementation of the Migratory Bird Treaty Act 
(see description below), or have provisions similar to the Migratory 
Bird Treaty Act such that the circumstances under which migratory 
species, including the black-footed albatross, can be ``taken'' are 
restricted. In general, these agreements and conventions prohibit the 
hunting, selling, or purchase of migratory bird species, unless the 
actions are otherwise permitted (Harrison et al. 1992, pp. 266-267).

Table 5--Conservation Legislation, Conventions, Agreements, and Listings
                     for the Black-Footed Albatross
------------------------------------------------------------------------
 
-------------------------------------------------------------------------
                              International
------------------------------------------------------------------------
United Nations Convention on Migratory Species.
IUCN Red List of Threatened Species.
Agreement on the Conservation of Albatrosses and Petrels.
North American Agreement on Environmental Cooperation.
USA--Canada Convention for the Protection of Migratory Birds.
USA--Mexico Convention for the Protection of Migratory Birds and Game
 Mammals.

[[Page 62535]]

 
USA--Japan Convention for the Protection of Migratory Birds and Birds in
 Danger of Extinction, and Their Environment.
USA--Russia Convention Concerning the Conservation of Migratory Birds
 and Their Environment.
Japan--China Agreement Protecting Migratory Birds and their Habitats.
------------------------------------------------------------------------
                                National
------------------------------------------------------------------------
United States of America:
    Migratory Bird Treaty Act.
    National Wildlife Refuge System Improvement Act.
    Birds of Conservation Concern.
    Magnuson--Stevens Fishery Conservation and Management Act.
    National Marine Sanctuaries Act.
Canada:
    Migratory Birds Convention Act.
    Species at Risk Act of 2002.
China:
    Wildlife Protection Law of 1988.
Japan:
    Wildlife Protection and Hunting Law.
    Nature Conservation Law.
Mexico:
    Norma Oficial Mexicana NOM-059-ECOL-2001 0 (List of Species at
     Risk).
------------------------------------------------------------------------
                                Regional
------------------------------------------------------------------------
British Columbia (Canada):
    British Columbia Wildlife Act.
------------------------------------------------------------------------

    Much of the marine foraging range of the black-footed albatross is 
the high seas, outside of national jurisdictions. Although some 
protections may technically be provided in some of these areas through 
various agreements, such as regional fisheries management 
organizations, the enforcement and monitoring of such agreements is 
difficult and as a consequence a large percentage of the black-footed 
albatross's foraging range has little protection (Gilman et al. 2008, 
p. 13). Some protections may be afforded in marine protected areas 
(MPAs), which now cover an estimated 4.32% of continental shelf areas 
and 2.86% of waters within 20 nautical miles of coastlines across the 
globe (Toropova et al. 2010, p. 28), but the marine foraging range of 
the black-footed albatross is in one of the lowest areas of MPA 
coverage (Toropova et al. 2010, pp. 30-31). On the other hand, most of 
the terrestrial habitat used for nesting by the black-footed albatross 
is protected, and a number of marine areas where they are known to 
forage are protected by refuge or monument designations.
    The black-footed albatross is listed in Appendix II of the United 
Nations Convention on Migratory Species; otherwise known as the Bonn 
Convention. Species listed in Appendix II have been identified as 
needing or benefiting from international cooperation (Convention on 
Migratory Species 2009). The black-footed albatross is included in the 
IUCN Red List Category as an ``Endangered'' species; this designation 
was based on projected or suspected population size reduction of 
greater than 50 percent, to be met within the next 10 years or 3 
generations, whichever is the longer (IUCN 2001, pp. 18-19). However, 
as described above, the results of the models that in part prompted 
this status change (Cousins and Cooper 2000, entire; Lewison and 
Crowder 2003, entire) appear to have inadvertently double-counted the 
effects of mortality from fisheries and have not been supported by 
others (Niel and Lebreton, 2005, 9 pp.; Arata et al. 2009, pp. 48-49). 
In addition, the lead author of the Lewison and Crowder (2003) paper 
has pointed out that some of the key assumptions in that paper are now 
known to be inaccurate, consequently the population trajectories that 
were projected are not reliable (Lewsion 2007, pers. comm.). We do not 
consider the IUCN Red List to be an ``existing regulatory mechanism,'' 
because the IUCN is a non-governmental organization and a listing on 
the Red List has no legal effect.
    The black-footed albatross is not currently listed under the 
Convention on International Trade in Endangered Species of Wild Fauna 
and Flora (CITES), but trade of the black-footed albatross is not known 
to occur. The black-footed albatross is not a species listed under the 
United Nations Convention on the Conservation of Migratory Species of 
Wild Animals (UNEP-CMS), and the United States and Canada are not 
signatories of this agreement (Convention on Migratory Species 2009); 
therefore, the black-footed albatross receives no protection under this 
agreement.
    The Agreement on the Conservation of Albatrosses and Petrels (ACAP) 
is a multilateral agreement that seeks to conserve albatrosses and 
petrels by coordinating international activity to mitigate known 
threats to albatross and petrel species (Convention on Migratory 
Species 2009). It is a legally binding treaty that requires signatory 
governments to take action to reduce albatross and petrel bycatch in 
fisheries and to protect breeding colonies. Currently, none of the 
nations in the marine or terrestrial range of the black-footed 
albatross (i.e., United States, Japan, Canada, Mexico, Russia) are 
members of this agreement. Therefore, ACAP does not currently offer any 
protections to the black-footed albatross.
    The North American Agreement on Environmental Cooperation (NAAEC), 
an agreement between the United States, Mexico, and Canada, may provide 
some protection for the species since the black-footed albatross ranges 
into Mexico and Canada. The NAAEC was negotiated and is being 
implemented in parallel with the North American Free Trade Agreement. 
The NAAEC requires that each party ensure that its laws provide for 
high levels of environmental protection. Each party agreed to 
effectively enforce its environmental laws through appropriate means, 
such as the appointment and training of inspectors, monitoring 
compliance, and pursuing the necessary legal means to seek appropriate 
remedies for violations. The Commission for Environmental Cooperation 
was created under the NAAEC and is authorized to develop joint 
recommendations on approaches to environmental compliance and 
enforcement. However, we are unaware of any protection measures 
specific to the black-footed albatross, or to albatrosses in general, 
currently in place under NAAEC.
    The USA--Canada Convention for the Protection of Migratory Birds 
establishes a legal framework for protecting migratory birds and 
establishes regulations for their cross-boundary protection (Treaties 
2009). The USA--Mexico Convention for the Protection of Migratory Birds 
and Game Mammals adopts a system for the protection of certain 
migratory birds in the United States and Mexico. It provides for 
enactment of laws and regulations to protect birds by establishing 
closed seasons and refuge zones (Treaties 2009). The USA--Japan 
Convention for the Protection of Migratory Birds and Birds in Danger of 
Extinction and Their Environment prohibits the taking of migratory 
birds or their eggs, unless there are permitted exceptions for 
subsistence. The USA--Japan Convention also specifies that each party 
shall seek means to prevent damage to such birds and their environment, 
including damage resulting from pollution of the seas (Treaties 2009). 
The USA--Russia Convention Concerning the Conservation of Migratory 
Birds and Their Environment (Treaties 2009) specifies each party shall 
prohibit the taking of migratory birds, the collection of their nests 
and eggs, and the disturbance of nesting colonies. The treaty also 
mandates that, to the extent

[[Page 62536]]

possible, the parties shall undertake measures necessary to protect and 
enhance the environment of migratory birds and to prevent and abate 
pollution or detrimental alteration of that environment. The Japan--
China Agreement Protecting Migratory Birds and their Habitats prohibits 
the hunting of migratory birds and the collection of their eggs, 
encourages the exchange of data relating to migratory birds, and 
encourages protection and management of migratory bird habitat (UN 
1983, pp. 229-230).
    The black-footed albatross is not covered specifically under any of 
these conventions. Although many of these international agreements or 
conventions have good intentions and may serve to draw attention to the 
conservation needs of the black-footed albatross, relatively few extend 
any real protection to the species. The Agreement on the Conservation 
of Albatrosses and Petrels has perhaps the greatest potential to 
provide protection from fisheries bycatch for the black-footed 
albatross, but since the key nations within the foraging and breeding 
range of the species are not signatories to the agreement, it can only 
be considered advisory in effect.
National Protections
    National protections, particularly when regulated and enforced in 
the countries where the black-footed albatross nest, such as the United 
States and Japan, or where they forage offshore in national waters 
(United States, Canada, Mexico, Japan, China, Russia, Taiwan, Republic 
of Korea), have the potential to be beneficial to the species.
    United States--The Migratory Bird Treaty Act of 1918 (MBTA) states 
that it is unlawful ``to pursue, hunt, take, capture or kill, possess, 
offer for sale, sell, offer to barter, barter, offer to purchase, 
purchase, deliver for shipment, ship, export, import, cause to be 
shipped, exported, or imported, deliver for transportation, transport 
or cause to be transported, carry or cause to be carried, or receive 
for shipment, transportation, carriage, or export, any migratory bird, 
any part, nest, or eggs of any such bird, or any product, whether or 
not manufactured.'' It provides penalties for anyone in violation of 
its provisions. It also implements the commitment of the United States 
to international conventions with Canada, Japan, Russia, and Mexico 
(see above) for the protection of a shared migratory bird resource. 
Each of the conventions protects selected species of birds that are 
common to both countries. The black-footed albatross is included in the 
list of migratory birds protected by the MBTA.
    The National Wildlife Refuge System is managed by the Service under 
the National Wildlife Refuge System Improvement Act of 1997 primarily 
for the benefit of fish, wildlife, and plant resources and their 
habitats (USFWS 2009b). The National Wildlife Refuge System Improvement 
Act requires, among other things, that a comprehensive management plan 
be in place for each refuge. The plan describes the desired future 
conditions of a refuge or planning unit and provides long-range 
guidance and management direction to achieve the purposes of the 
refuge; helps fulfill the mission of the Refuge System; maintains and, 
where appropriate, restores the ecological integrity of each refuge and 
the Refuge System; helps achieve the goals of the National Wildlife 
Preservation System; and meets other mandates. As stated earlier, the 
black-footed albatross nests on the following islands within the 
National Wildlife Refuge System: Midway Atoll (Midway Atoll NWR), and 
Pearl and Hermes Reef, Lisianski Island, Laysan Island, French Frigate 
Shoals, Necker Island, and Nihoa Island (Hawaiian Islands NWR). Midway 
Atoll NWR, established in 1988, provides nesting habitat for 39 percent 
of the black-footed albatross population. Approximately 52 percent of 
black-footed albatrosses nest in the Hawaiian Islands NWR. Therefore, a 
total of approximately 91 percent of the global black-footed albatross 
population nests on islands within the National Wildlife Refuge system.
    In 2006, the Northwestern Hawaiian Islands (renamed 
Papahanaumokuakea in 2007) Marine National Monument was designated by 
Presidential Proclamation 8031; it is described earlier in this 
document. A management plan for the monument was completed in December 
2008. The plan includes strategies to: (1) Restore migratory bird 
habitat by eradicating invasive species and restore native plant 
communities; (2) minimize the impact of threats to migratory birds such 
as habitat destruction by invasive species, disease, contaminants, and 
fisheries interactions; (3) monitor populations and habitats of 
migratory birds to ascertain natural variation and to detect changes in 
that variation that might be attributed to human activities, including 
anthropogenically caused climate change; and (4) as threats are 
removed, restore seabird species at sites where they have been 
extirpated (NOAA et al. 2008, pp. 173-179). Human activity is highly 
regulated, and entry into the monument is prohibited without a permit.
    Kaula Island is not part of the National Wildlife Refuge System. 
Although the island has been used by the U.S. Navy for bombing practice 
since the early 1950s, the State of Hawaii named Kaula Island a State 
Seabird Sanctuary in 1972. Permission from the U.S. Navy is required to 
land on Kaula Island.
    The Magnuson-Stevens Fishery Conservation and Management Act (MSA) 
guides management of U.S. fisheries within its EEZ, and specifies that 
bycatch-related mortality of non-target fish should be minimized. It 
does not include seabirds in its definition of bycatch, so does not 
directly mandate seabird bycatch reduction. However, it promotes the 
development of bycatch reduction technology and authorizes incentives 
and cooperative bycatch reduction programs between Federal agencies and 
the industry. The National Marine Fisheries Service (NMFS) has invoked 
the MSA to reduce seabird bycatch under its mandate to conserve and 
manage the marine environment (69 FR 1930; January 13, 2004). As 
described below (Fishery Regulations) NMFS has enacted seabird bycatch 
minimization measures in multiple fisheries that operate within the 
range of the black-footed albatross.
    The National Marine Sanctuaries Act of 1972 (NMSA) (16 U.S.C. 1431 
et seq.) authorizes the Secretary of Commerce, and specifically NOAA, 
to designate and protect areas of the marine environment with special 
national significance due to their conservation, recreational, 
ecological, historical, scientific, cultural, or esthetic qualities, as 
National Marine Sanctuaries. Within the range of the black-footed 
albatross along the western coast of North America, five National 
Marine Sanctuaries (NMS) have been designated. Four sanctuaries occur 
off the coast of California: Cordell Bank NMS; Gulf of Farallones NMS; 
Monterey Bay NMS; and Channel Islands NMS. One sanctuary occurs off the 
coast of central Washington, the Olympic Coast NMS. In 1989, Congress 
passed a law that prohibits the exploration for, or the development or 
production of, oil, gas, or mineral resources in any area of the 
Cordell Bank NMS (Pub. L. 101-74). The Marine Protection, Research, and 
Sanctuaries Act of 1972 (Pub. L. 92-532,) prohibits leasing, 
exploration of, producing, or developing oil and gas in the Monterey 
Bay NMS, and includes a requirement for Federal agencies to consult on 
activities that are likely to injure sanctuary resources. The ``no-
take'' marine reserves and one of the

[[Page 62537]]

limited-take marine conservation areas in the Channel Islands NMS 
includes Federal waters 6 nautical mi (11 km) from land, which 
prohibits or limits removal of and injury to any Channel Islands NMS 
resource (74 FR 3216; January 16, 2009).
    All of the existing U.S. Federal protections described above assist 
in the conservation of the black-footed albatross and its habitat in 
the United States, where 95 percent of the species breeds and nests. 
These protections have no effect on international waters where the 
species forages.
    Canada--The Migratory Birds Convention Act (1994) (MBCA) is a 
statute that implements the 1916 MBCA between Canada and the United 
States (Canada Minister of Justice 1991, entire) and protects the 
black-footed albatross in Canada. Under the MBCA, the Governor in 
Council regulates migratory nongame bird species, such as the black-
footed albatross, by prohibiting the killing, capturing, injuring, 
taking, or disturbing of migratory birds or the damaging, destroying, 
removing, or disturbing of nests; prescribing protection areas for 
migratory birds and nests; and requiring the control and management of 
those areas (Canada Minister of Justice 1991, entire). The MBCA does 
allow for take of migratory birds by aboriginal people, but the black-
footed albatross is not known to be hunted by First Nation people 
(COSEWIC 2007, pp. 38-39). In June 2005, Bill C-15 amended the MBCA to 
more effectively protect migratory birds and the marine environment 
from the discharge of harmful substances into marine waters (Fisheries 
and Oceans Canada (FOC) 2007, p. 4). Bill C-15 clarifies that migratory 
birds are protected as both individuals and populations, and addresses 
matters related to birds oiled at sea (FOC 2007, p. 4).
    The black-footed albatross was designated a species of ``special 
concern'' in 2007 under Canada's Species at Risk Act of 2002 (Species 
at Risk Act, or SARA), legislation similar to the U.S. Endangered 
Species Act. A species of special concern under SARA is a species of 
wildlife that may become a threatened or endangered species because of 
a combination of biological characteristics and identified threats, but 
this classification in and of itself does not provide any specific 
regulatory protections to the species. In its assessment and status 
report on the black-footed albatross, COSEWIC determined that the 
black-footed albatross was of ``special concern'' based on modeled 
population declines due to mortality from fishing operations and 
ingestion of plastic and pollutants (COSEWIC 2007, p. iii).
    We consider existing protections in Canada adequate for black-
footed albatross conservation, but note that these protections are 
limited to birds on land and in the generally protected marine 
environment, and provide no protection to the species on international 
waters where the majority of black-footed albatrosses forage.
    Japan--The Wildlife Protection and Hunting Law was created to 
protect birds and mammals, to increase populations of birds and 
mammals, and to control pests through the implementation of wildlife 
protection projects and hunting controls (Wildlife Protection System 
2009). This law restricts hunting to game species. The black-footed 
albatross is not hunted in Japan and is not otherwise protected under 
this law. While Japan's Nature Conservation Law enables the 
establishment of marine areas and nature conservation areas, no marine 
reserves to protect the black-footed albatross have been created 
(Harrison et al. 1992, p. 269). Torishima Island, where 3.5 percent of 
the rangewide population of the black-footed albatross nests (67 
percent of the Japanese Islands breeding population), has been a 
protected national natural monument since 1965 and can be visited only 
with special permission (USFWS 2008a, p. 33). Landing on the island is 
very difficult due to heavy seas and lack of suitable landing beaches 
or facilities, and, therefore, it is unlikely that the black-footed 
albatross is threatened by human activity on the island. The Ogasawara 
Islands, used for nesting by 1.5 percent of the rangewide black-footed 
albatross breeding population (30 percent of the breeding population in 
the Japanese Islands), are included in the Ogasawara National Park. In 
2001, Japan's Ministry of the Environment and Ministry of Agriculture, 
Forestry, and Fisheries submitted the Ogasawara Islands as a candidate 
for designation as a World Heritage Site. World Heritage is a program 
of the United Nations Educational, Scientific, and Cultural 
Organization (UNESCO) to encourage the identification, protection and 
preservation of cultural and natural heritage around the world 
considered to be of outstanding value to humanity (World Heritage 
2009). Recognition of the Ogasawara Islands as a World Heritage site 
could lead to additional protections in the future, but does not 
presently afford any additional regulatory protections. We are unaware 
of any protections afforded the black-footed albatross or its nesting 
sites on the Senkaku Islands, where less than 0.1 percent of the 
rangewide population and 2 percent of the Japanese Islands population 
nests.
    The existing protections afforded the black-footed albatross on the 
majority of Japanese Islands where it breeds and nests provide for its 
conservation, but have no effect in marine environments or in 
international waters where the species forages.
    Mexico--The black-footed albatross is listed as a Threatened 
Species in Mexico (List of Species at Risk, Annex 2 of the Norma 
Oficial (the official body of regulations of the Mexican Government) 
Mexicana NOM-059-ECOL-2001). Threatened species are defined as species 
in danger of disappearance in the short- to medium-term, if factors 
that adversely affect their viability, such as causing damage or 
modification of habitat or directly reducing the size of their 
populations, continue to operate. Because there currently is no 
established breeding population of the black-footed albatross in Mexico 
(see Species Biology, Breeding Distribution), this provides minimal 
protection to the species. However, if black-footed albatrosses begin 
nesting and otherwise utilizing the islands of Guadalupe or San 
Benedicto where they have been sporadically reported on a more 
consistent basis, then protection while on land will be afforded them.
    The protections for black-footed albatross in Mexico are helpful in 
terms of raising awareness regarding the conservation of the species, 
and will afford the species protection should it become established 
there, but at this time protection is limited, since there is not an 
established breeding population of black-footed albatrosses in Mexico.
Regional Protection
    Hawaiian Islands (United States)--Lehua Island and Kure Atoll are 
managed by HDLNR as State Seabird Sanctuaries. The HDLNR manages State 
seabird sanctuaries for the conservation and protection of indigenous 
wildlife, including seabirds (Hawaii Administrative Rules Title 13, 
Subtitle 5, Part 2, Chapter 125, section 107). Kaula Island has also 
been designated a State Seabird Sanctuary, although the Navy uses Kaula 
Island for inert ordnance and gunnery activities, and access to the 
island is prohibited. Thus, we cannot determine the level of protection 
this State designation affords to the black-footed albatross or its 
nesting habitat on Kaula Island.
    Alaska (United States)--Alaska has a State endangered species law, 
but the black-footed albatross is not State-listed as endangered or as 
a species of concern

[[Page 62538]]

(Alaska Department of Fish and Game 2009). The Alaska Department of 
Fish and Game, Division of Subsistence, has not conducted a survey to 
assess customary and traditional uses of albatrosses, and comprehensive 
household surveys have not specifically inquired about uses of 
albatrosses. However, throughout more than 20 years of comprehensive 
research on customary and traditional uses of wild animals and plants 
by Alaska's native peoples, the Division of Subsistence has not 
recorded harvest of black-footed albatrosses (State of Alaska (SOA), 
pp. 3-4).
    California (United States)--In 1999, the California Legislature 
approved, and the governor signed, the Marine Life Protection Act 
(MLPA; Stats. 1999, Chapter 1015). While the black-footed albatross is 
not expected to benefit directly from this program, the MLPA requires 
California Fish and Game to prepare and present to the Fish and Game 
Commission a master plan that will guide the adoption and 
implementation of a Marine Life Protection Program, which includes a 
statewide network of marine protected areas. Four of five regional 
marine protected area planning processes have been developed thus far 
under the MLPA (California Department of Fish and Game 2011).
    Oregon (United States)--Oregon is currently planning a series of 
marine reserves that would protect waters within 3 mi (4.8 km) of the 
coast. The first reserve was designated in June 2009 (Oregon Marine 
Reserves 2009). The level of protection given to black-footed 
albatrosses in this reserve system is unknown.
    Washington (United States)--The State of Washington has developed 
State Aquatic Reserves to preserve and protect the State's living 
resources. To date, all of the designated reserve areas are inland, and 
likely do not afford additional protection of black-footed albatrosses 
or their foraging habitat.
    British Columbia (Canada)--The black-footed albatross is considered 
to be a species of special concern in British Columbia (B.C.). Species 
of special concern are particularly sensitive or vulnerable to human 
activities or natural events. They are considered at risk but are not 
endangered or threatened (British Columbia Conservation Data Center 
2009). The B.C. Wildlife Act is the provincial equivalent of Canada's 
Migratory Birds Convention Act, and offers the same protections.
Fishery Regulations
    In the north Pacific, seven commercial longline fisheries overlap 
with the black-footed albatross foraging range: the pelagic tuna 
(Thunnus spp.) and swordfish (Xiphias gladius) fisheries, the demersal 
(on or near the seabed) groundfish fishery in the Bering Sea and Gulf 
of Alaska; the demersal Pacific halibut (Hippoglossus stenolepis) 
fishery in Alaska; the demersal fishery off the west coast of the 
United States, and the demersal rockfish (Sebastes spp.) and halibut 
fisheries in B.C., Canada (Smith and Morgan 2005, pp. 4-12). 
Approximately 3,000 pelagic longline vessels from Japan, China, Korea, 
Taiwan, Mexico, and the United States operate in the north Pacific. In 
addition, Canada, Japan, Russia, and the United States operate 
approximately 17,000 demersal longline vessels in the north Pacific 
(Gilman et al. 2005, p. 36). In a satellite telemetry study of black-
footed albatrosses captured in Alaskan waters, black-footed albatrosses 
overlapped with the sablefish (Anoplopoma stenolepsis) and Pacific 
halibut longline fisheries, and also the pot cod (Gadus macrocephalus) 
fishery within the Alaskan EEZ (Fischer et al. 2009, pp. 755-756). 
Black-footed albatrosses that entered international waters spent almost 
30 percent of their time there, and may have encountered the albacore 
tuna (Thunnus alalunga) fishery (Fischer et al. 2009, p. 757). Of the 
birds that entered the Canadian EEZ, black-footed albatrosses 
overlapped with the Pacific halibut longline fishery (Fischer et al. 
2009, p. 757). Overall, this study demonstrated that post-breeding 
black-footed albatrosses favor highly productive waters and are likely 
to encounter fishery activity in their entire preferred foraging 
habitat, putting foraging birds at risk of incidental mortality.
    Reliable population analyses provide evidence that conservation 
measures implemented thus far have been highly effective in reducing 
the incidental mortality of black-footed albatrosses (Awkerman et al. 
2008; Arata et al. 2009, pp. 14, 46; Moore et al. 2009, p. 444; ACAP 
2010, p. 12). In this section we review international conventions and 
guidance, national plans and fishing regulations, and regional fishery 
actions enacted to address impacts to seabirds, such as the black-
footed albatross, from mortality incidental to fishing operations.
International
    The United Nations Convention on the Law of the Sea of 1982 
(UNCLOS) is a legally binding international agreement to conserve and 
manage targeted and associated species within EEZ waters, and to 
promote cooperation with other states in the conservation and 
management of living resources in the high seas (Harrison et al. 1992, 
p. 269). It requires nation states to take conservation measures to 
protect the living resources of the high seas; to cooperate and enter 
into negotiations with states whose nationals exploit identical living 
resources, or different living resources in the same area; and to 
maintain or restore populations of harvested species at levels that can 
produce the maximum sustainable yields. Canada, China, Japan, Mexico, 
the Republic of Korea, and Russia are signatories of UNCLOS; however, 
the United States has not signed it. In addition, the United States, 
Canada, Japan, and Russia ratified the United Nations Agreement for the 
Implementation of the Provisions of the United Nations Convention on 
the Law of the Sea of 10 December 1982 relating to the Conservation and 
Management of Straddling Fish Stocks and Highly Migratory Fish Stocks 
(U.N. Fish Stocks Agreement), which entered into force in 2001 (U.N. 
2009b). The U.N. Fish Stocks Agreement sets forth conservation and 
management principles for straddling and highly migratory fish stocks.
    Black-footed albatrosses experienced high rates of mortality (an 
estimated 50,000 birds between 1978 and 1992) in the squid and large-
mesh driftnet fisheries, which were operational from the early 1970s 
until 1992 (Arata et al. 2009, pp. 14, 62). These fisheries used large 
nets, 9 to 37 mi (15 to 60 km) long, vertically suspended in the water, 
from the surface to 20 to 26 ft (6 to 8 m) deep (Arata et al. 2009, p. 
13). Due to the high rate of incidental mortality to seabirds, sea 
turtles, marine mammals, and nontarget fish, the 1992 U.N. General 
Assembly agreed to a nonbinding resolution, United Nations Resolution 
46-215 (United Nations 1991), to ensure a global moratorium on all 
large-scale pelagic driftnet fishing on the high seas of the world's 
oceans and seas. Because the U.N. moratorium applied only to high seas 
fisheries, driftnet fisheries still exist in the EEZs of some 
countries. Laysan albatross bycatch has been documented in the Japanese 
salmon driftnet fishery in the Russian EEZ, and in the United States, 
large mesh gillnets are used within the EEZ off the coasts of 
California and Oregon (Arata et al. 2009, p. 13). However, by 
establishing a moratorium on high seas driftnet fisheries, the 
implementation of Resolution 46-215 in 1992 has removed a significant 
source of black-footed

[[Page 62539]]

albatross mortality from driftnet fisheries throughout its range 
(Cousins and Cooper 2000, p. iii; Arata et al. 2009, p. 62; Moore et 
al. 2009, Figures 3a and 3b, p. 444). At this time we do not consider 
pelagic driftnet fisheries, as currently managed, to be a threat to the 
black-footed albatross throughout its range, but as long as driftnets 
are used within black-footed albatross foraging habitat, some mortality 
will continue even if not recorded.
    The Pacific halibut fishery is managed by the International Pacific 
Halibut Commission (IPHC), a public international organization 
established by a convention between the governments of Canada and the 
United States. The fishery operates in Oregon, Washington, Alaska, and 
British Columbia, Canada. In December 2001, the North Pacific Fishery 
Management Council required all Pacific halibut vessels greater than 17 
m (55 ft) to implement seabird avoidance measures, including the use of 
streamer lines, which have been shown to be almost 100 percent 
effective in reducing mortality in species such as albatrosses (Melvin 
et al. 2006, p. 4). Currently, observers are not required on Pacific 
halibut vessels and bycatch in this fishery is not well understood 
because no systematic observer program has been in place (Fischer et 
al. 2009, p. 758; ACAP 2010, p. 13). However, although the rangewide 
impact of the Pacific halibut fishery on the black-footed albatross is 
not specifically known, estimates obtained from fishing effort data 
suggest that the number of black-footed albatross killed by U.S. and 
Canadian halibut fisheries remains relatively low (Arata et al. Fig. 
A4, p. 64; p. 65). Management for the conservation of the black-footed 
albatross and other seabirds would be improved by more accurate 
knowledge of the bycatch from the Pacific halibut fishery.
    The Food and Agriculture Organization of the U.N. (FAO) recognized 
the bycatch of seabirds in longline fisheries as a worldwide issue. In 
March 1997, FAO developed guidelines leading to an International Plan 
of Action to Reduce the Incidental Catch of Seabirds in Longline 
Fisheries (IPOA), in which participation is voluntary. The IPOA 
recommended that States with longline fisheries conduct an assessment 
of these fisheries to determine if a problem exists with respect to 
incidental catch of seabirds. If a problem exists, the IPOA states that 
States should adopt a National Plan of Action (NPOA) for reducing the 
incidental catch of seabirds in longline fisheries. The NPOA is a plan 
that a State designs, implements, and monitors to reduce the incidental 
catch of seabirds in longline fisheries and should: (1) Prescribe 
appropriate mitigation methods with proven efficiency; (2) contain 
plans for research and development of the most practical and effective 
seabird deterrent devices, improve other technologies and practices 
that reduce the incidental capture of seabirds, and undertake research 
to evaluate the effectiveness of mitigation measures; (3) prescribe 
means to raise awareness among fishermen, fishing associations, and 
other groups about the need to reduce incidental catch of seabirds in 
longline fisheries; (4) provide information about technical or 
financial assistance for reducing incidental catch of seabirds; (5) 
describe and implement outreach programs to improve the understanding 
of the problem; and (6) prescribe data collection programs to determine 
incidental catch of seabirds and the effectiveness of mitigation 
measures, including the use of onboard observers (Food and Agriculture 
Organization 2009).
    Within the range of the black-footed albatross, the United States, 
Canada, and Japan have each developed NPOAs. The U.S. NPOA was 
developed in 2001 through a collaborative effort by NMFS, the Service, 
and the Department of State and is organized around three themes: 
Action items, interagency cooperation, and international cooperation. 
Action items include fishery assessments, data collection, prescription 
of avoidance measures, outreach, education, and reporting (NOAA 2001, 
pp. 12-14). The Interagency Seabird Working Group, comprising staff 
from NMFS, the Service, and the Department of State, was formed to 
continue to address seabird bycatch issues and help coordinate 
implementation of the NPOA and IPOA.
    Canada's NPOA was developed in 2007 and provides an assessment of 
bycatch levels of seabirds within Canada's longline fisheries, 
identifies priorities for the NPOA, highlights Canada's legislative 
framework and international commitments, reviews Canada's integrated 
fisheries management framework, and presents a series of actions for 
better identifying bycatch levels and further enhancing efforts to 
reduce the incidental capture of seabirds (FOC 2007, p. 1). Actions 
include reviewing and enhancing scientific observer programs, promoting 
the use of mitigation measures to reduce seabird bycatch, outreach and 
education about seabird bycatch and the NPOA, and reassessing 
incidental take at the national level (FOC 2007, pp. 12-16).
    Japan developed an NPOA in 2001 and revised the plan in 2009. The 
plan focuses on four fisheries for which measures for incidental catch 
are required: (1) Distant-water tuna longline fishing, for vessels over 
109,000 kilograms (kg) (120 tons (T)) that fish within the Pacific 
Ocean; (2) near-shore longline tuna fishing for vessels 9,100 kg to 
109,000 kg (10 to 120 T) that operate in near-shore waters and the 
central and western Pacific; (3) coastal longline tuna fishery for 
vessels of 9,100 kg to 18,100 kg (10 to 20 T) that operate in Japan's 
EEZ; and (4) other longline fisheries that operate in Japan's coastal 
and offshore areas. The plan notes that incidental catch of the black-
footed albatross may occur in near-shore areas of Japan during the 
breeding season (Fisheries Agency Japan (FAJ) 2009, p. 3). The policy 
for mitigation of bycatch includes the implementation of mitigation 
measures under the jurisdiction of Regional Fishery Management 
Organizations, pursuant to their resolutions, and voluntary 
implementation of mitigation measures outside the jurisdiction of 
Regional Fishery Management Organizations.
    Taiwan is not a member State of the FAO but still developed an NPOA 
in 2006. The Taiwanese plan includes efforts to reduce the incidental 
catch of seabirds in longline tuna fisheries, such as providing 
assistance for the installation of bird avoidance equipment, financial 
assistance to vessels for bird avoidance equipment, public outreach 
about bird conservation to the fishing community, and enhancement of 
international cooperation and scientific research (Fisheries 
Information Services 2009). We are not aware if Mexico, Korea, China, 
or Russia have developed NPOAs.
National
    Currently, Japan, Canada, and the United States have adopted 
regulations to reduce seabird mortality in the demersal and pelagic 
longline fisheries. Below we describe regulations implemented by these 
nations to minimize bycatch of seabirds in longline fisheries. We also 
describe the extent of observer coverage in the fisheries, as this 
relates to the ability to quantify bycatch and evaluate the efficacy of 
minimization measures.
    Japan--The Japanese government requests the collection of 
information when seabird bycatch occurs, but does not require it 
(Rivera 2001, p. 2). For a number of years, the Service has attempted 
to obtain bycatch data from the Japanese Ministry of Environment, but 
has not received the information

[[Page 62540]]

(Balogh 2009, pers. comm.). Due to the lack of data and available 
information on enforcement and monitoring measures implemented on 
Japanese longline fishing vessels since the inception of the NPOA, we 
are unable to determine the impact of Japanese longline fishing on the 
black-footed albatross. As stated earlier, many plans and agreements 
have good intentions and, if implemented, stand to have positive 
effects on the problem of bycatch. Because many of these are voluntary 
programs and agreements, there is no required management or mitigation; 
therefore, there is no enforcement of management activities or 
monitoring or data collection.
    Canada--The black-footed albatross foraging range overlaps with the 
rockfish and halibut fisheries in Canada's EEZ. An estimated 55 to 253 
black-footed albatrosses were taken in the B.C. halibut and rockfish 
fisheries between the years 2000 and 2002 (Wiese and Smith 2003, pp. 
46-48). The B.C. commercial halibut fishery is managed internationally 
by the IPHC (described above). While the IPHC has not implemented 
mandatory observer programs for the halibut fishery, Fisheries and 
Oceans Canada (a Canadian Federal Government program) started an 
observer program in 1999 to more accurately estimate total catch (Wiese 
and Smith 2003, p. 26). Since 2002, mandatory seabird bycatch 
minimization measures have been implemented for the halibut and 
rockfish fisheries in B.C. (COSEWIC 2007, p. 32; Arata et al. 2009, p. 
65). However, to date there have been no studies to evaluate the 
effectiveness of this regulation (COSEWIC 2007, p. 32).
    In 2006, Canada implemented an Integrated Pacific Groundfish Pilot 
(Pilot), which provides a comprehensive model for the management of 
over 50 groundfish species. Under the Pilot, all seabird bycatch must 
be accounted for in these fisheries (FOC 2007, p. 8). An electronic 
seabird bycatch monitoring system was started in 2006 that uses 
logbooks audited using at-sea camera footage. Estimates of bycatch 
derived from vessel observations and the electronic monitoring system 
were within 2 percent of each other (FOC 2007, p. 9). Bycatch estimates 
from the electronic monitoring system may prove to be a cost-effective, 
efficient technology for monitoring a higher percentage of Canadian 
vessels. Monitoring and evaluation of seabird bycatch in Canadian 
rockfish and halibut fisheries was only recently implemented, so the 
evaluation of its effectiveness has not been fully evaluated; we are 
thus unable to determine the impact of the Canadian fisheries on the 
black-footed albatross throughout its range.
    United States--NMFS has invoked the Magnuson-Stevens Fishery 
Conservation and Management Act to reduce seabird bycatch under its 
mandate to conserve and manage the marine environment (69 FR 1930; 
January 13, 2004). Observer coverage is established by NMFS on a 
fishery-specific basis through regulations under the authority of the 
Marine Mammal Protection Act, the Endangered Species Act, or the 
Magnuson-Stevens Fishery Conservation and Management Act (Moore et al. 
2009, p. 438).
    Hawaii-based longline fishing is divided into two segments, the 
tuna (Thunnus spp.) and swordfish (Xiphias gladius) fisheries, which 
operate between 0[deg] N and 40[deg] N latitude. Swordfish (shallow-
set) fishing effort is generally concentrated between 30[deg] N and 
35[deg] N latitude (NMFS 2008, pp. 33-34). The deep-set (tuna) fishery 
is traditionally considered to operate between 140[deg] W and 180[deg] 
W longitude and from 0[deg] to 30[deg] N latitude with the majority of 
deep-set fishing effort taking place south of the Hawaiian archipelago. 
However, in 2008 and 2009, the majority of fishing effort in the deep-
set fishery was north of Hawaii during the first two quarters of the 
year (NMFS 2009, unpubl.).
    Results from the Hawaiian scientific observer program reported in 
Lewison and Crowder (2003, p. 746), indicated that shallow-set 
(swordfish) and deep-set (tuna) fisheries differ significantly in 
seabird bycatch rates, with shallow swordfish sets catching more 
albatrosses. This is likely a function of shallow sets taking longer to 
sink, making baited hooks available to scavenging birds for a longer 
period of time. In the Hawaii-based longline fleet, bycatch of black-
footed albatrosses was estimated by Lewison and Crowder (2003, p. 748) 
to be approximately 2,000 birds per year from 1994 through 2000 for 
both segments of the longline fishery combined. In March 2001, the U.S. 
District Court for Hawaii issued an Order suspending all shallow-set 
longline operations targeting swordfish to address the take of sea 
turtles in this segment of the fishery (USFWS 2002, p. 3). On May 14, 
2002, NMFS published a final rule implementing a series of seabird 
bycatch minimization measures for Hawaii-based vessels operating north 
of 23[deg] N, including requiring annual protected species training for 
vessel owners and operators and a scientific observer coverage rate of 
20 percent (67 FR 34408). The measures described in this rule applied 
only to deep-set (tuna) operations, as the shallow-set segment was 
still closed as a result of the U.S. District Court ruling.
    The shallow-set segment of the longline fishery remained closed 
throughout 2002 and 2003 and reopened April 2, 2004 under a new 
management program, which limited fishing effort (69 FR 17329). A 
revised rule incorporating seabird minimization measures for the 
shallow-set fishery was issued December 19, 2005 (70 FR 75075). The 
revised rule required 100 percent coverage of the shallow-set fishery 
by scientific observers, primarily to ensure compliance with sea turtle 
bycatch regulations, but also to detect and record seabird bycatch. 
Since 2005, the estimate of the number of black-footed albatrosses 
observed caught in the Hawaii-based longline fishery has remained below 
300 birds per year, which is significantly lower than rates observed 
prior to the implementation of seabird bycatch minimization measures 
(NMFS, unpubl. data).
    On March 18, 2009, NMFS proposed Amendment 18 to the Fishery 
Management Plan for Pelagic Fisheries of the Western Pacific Region (74 
FR 11518). The amendment proposes to modify the Hawaii-based shallow-
set segment of the longline fishery by removing the annual limit on 
fishing effort, currently limited to 2,100 sets per year, and to 
increase the number of allowable loggerhead turtle (Caretta caretta) 
interactions. Seabird avoidance measures implemented in 2004 would 
remain unchanged, and 100 percent of the fishing effort would be 
observed for bycatch. On December 10, 2009, NMFS published the final 
rule removing the limit on fishing effort for the shallow-set fishery 
(74 FR 65460). The increase in fishing effort may result in a modest 
increase in black-footed albatross bycatch (USFWS 2008b, unpubl.).
    Based upon the limited information available regarding the impact 
of Hawaii's longline fishery on black-footed albatrosses, we do not 
consider this fishery to currently be a significant threat to the 
black-footed albatross. Since implementation of seabird bycatch 
minimization measures in 2002 and revisions to those measures in 2002 
and 2004, the number of black-footed albatrosses observed caught in the 
Hawaii-based longline fishery has been significantly reduced. The 
shallow-set fishery regulations were changed in 2009 by NMFS so that 
while there is no annual limit on the number of sets per year, all 
required seabird avoidance measures and observer coverage were 
implemented as part of the new rule, which went into effect in January 
2010. Even with an increase in the number of

[[Page 62541]]

shallow sets per year, black-footed albatross bycatch should continue 
to be minimized by the implementation of effective bycatch minimization 
measures. Therefore, we conclude that Hawaii-based longline fishing is 
not a significant threat to the black-footed albatross.
    In Alaska, the demersal longline fishery targets groundfish and 
halibut. Observer coverage is not required in the halibut fishery (see 
above), so we are unable to determine the extent and impact of the 
Alaska-based demersal longline halibut fishery on the black-footed 
albatross throughout its range. Seabird avoidance measures were 
implemented in the groundfish fishery beginning in 1997 and mandatory 
use of seabird avoidance measures went into effect in 2004 (NMFS 2006, 
p. 2). Observer coverage for the groundfish fishery ranges from 30 to 
100 percent, depending on the size of vessel used, type of fish 
targeted, and type of gear used (50 CFR 679.50). Estimates of black-
footed albatross bycatch in the Alaska-based groundfish fishery are 
derived from two sources of information: (1) The North Pacific 
Groundfish Observer Program and (2) the NMFS Alaska Regional Office 
catch accounting system, which reports annual total catch (NMFS 2006, 
p. 1). Following implementation of seabird avoidance measures on this 
fleet in 2004, black-footed albatross bycatch decreased approximately 
75 percent from an estimated 683 black-footed albatrosses in 1996 to an 
estimated 167 birds in 2003 (Arata et al. 2009, p. 65). Therefore, 
based on the limited information available regarding the impact of 
Alaska's demersal longline groundfish fishery on estimated annual 
bycatch of black-footed albatrosses, we conclude the Alaska-based 
demersal longline groundfish fishery is not a significant threat to the 
black-footed albatross.
    The Pacific Fisheries Management Council (Council) is responsible 
for managing the commercial fisheries off the western coast of the 
United States (California, Oregon, and Washington), so that management 
of fish stocks will be coordinated throughout the range of the target 
species. In May 2001, NMFS instituted an observer program to provide 
total catch monitoring of the west coast groundfish fisheries and 
required that all vessels, other than Pacific hake (Merluccius 
productus) vessels, carry an observer when notified to do so by NMFS 
(66 FR 20609; April 24, 2001). In the groundfish fishery, 0 to 30 
percent of the landings are sampled (Northwest Fisheries Science Center 
(NWFSC) 2008, p. 3), and observers opportunistically sample seabird 
bycatch. Subsequent regulations that published June 7, 2004 provided 
for mandatory observer coverage for at-sea processing vessels in the 
Pacific hake fishery (69 FR 31751). In this fishery, approximately 100 
percent of all tows are sampled. While no seabird bycatch reduction 
measures are required for either of these fisheries, the groundfish 
fishery estimated between 3 and 57 black-footed albatrosses were caught 
between 2002 and 2005, and an estimated 7 birds were caught in the 
Pacific hake fishery (NWFSC 2008, pp. 21-37).
    In 2007, NMFS published a Fishery Management Plan (Plan) for U.S. 
West Coast Fisheries for Highly Migratory Species (NMFS 2007). No 
seabird bycatch minimization measures are required in any of the 
fisheries covered by the Plan (drift gillnet, coastal purse seine, 
troll, and California-based longline fisheries), although it 
recommended that NMFS develop an observer sampling plan (NMFS 2007, p. 
59). Only the drift gillnet fishery has had observer coverage, at an 
average rate of 20 percent, for the past 10 years. No black-footed 
albatrosses have been observed to be incidentally caught in this 
fishery. U.S. west coast vessels fishing in the far offshore longline 
fishery were required to submit logbooks of fishing catch, fishing 
effort, and bycatch to the California Department of Fish and Game and 
the Oregon Department of Fish and Wildlife until 2000. Thereafter, 
logbooks for longline vessels fishing off the west coast were required 
by NMFS (NMFS 2007, p. D-18). Data from these logbooks showed that 58 
black-footed albatrosses were reported as bycatch from the west coast 
pelagic longline fishery between 1995 and 1999 (NMFS 2007, pp. D-18-
19). The Plan proposed that west coast pelagic longline fisheries 
implement the same seabird avoidance measures used in the Hawaii-based 
longline fishery, but provided no timeline for undertaking these 
actions (NMFS 2007, p. D-23). We are unaware of any available 
information indicating that California, Oregon, and Washington offshore 
longline fisheries have implemented these seabird avoidance measures.
    We conclude, based on the limited information available, that the 
California, Oregon, and Washington groundfish and Pacific hake 
fisheries do not significantly impact the black-footed albatross 
throughout its range. While no seabird bycatch reduction measures are 
required for either of these fisheries, the groundfish fishery 
estimated between 3 and 57 black-footed albatrosses were caught between 
2002 and 2005, and an estimated 7 birds were caught in the Pacific hake 
fishery. We do not consider these losses to be significant at the 
population level. In addition, no black-footed albatrosses have been 
caught in the drift gillnet fishery in the past 10 years, and we 
conclude that at this time this fishery is not a threat to the black-
footed albatross throughout its range. We also conclude that the 
California, Oregon, and Washington-based pelagic longline fisheries are 
not a significant threat to the black-footed albatross throughout its 
range. While only 58 black-footed albatrosses were reported as bycatch 
from these fisheries between 1995 and 1999, the Plan (2007) recommended 
that these fisheries implement the same seabird avoidance measures used 
in the Hawaii-based longline fishery. Finally, due to the lack of data 
and available information on seabird bycatch from coastal purse seine, 
troll, and California, Oregon, or Washington based nonpelagic longline 
fisheries, we are unable to determine the impact of these fisheries on 
the black-footed albatross throughout its range, but we are mindful of 
the potential threat and the need for increased and diligent monitoring 
of the industry. Although we do not have information specific to the 
levels of bycatch for these fisheries, based on the observed stable or 
increasing populations of the black-footed albatross throughout its 
range, bycatch from these fisheries is apparently not manifested in any 
negative population-level effects. We, therefore, conclude seabird 
bycatch from coastal purse seine, troll, and California, Oregon, or 
Washington-based nonpelagic longline fisheries does not pose a 
significant threat to the black-footed albatross, but acknowledge the 
need for more specific bycatch data from these fisheries.
Summary of Factor D
Breeding Range Protections
    We have assessed a diverse network of international, national, and 
regional laws, regulations, and agreements that are meant to provide 
protection to the black-footed albatross and its habitat (breeding and 
foraging) and are designed to ameliorate threats rangewide. Based on 
our analysis of the existing regulatory mechanisms, we conclude that, 
when implemented and enforced, bilateral migratory species agreements 
between nations with black-footed albatross populations prevent 
hunting, harassment, and harm to the species. The Convention on 
Migratory Species, the Agreement on the Conservation of Albatrosses and 
Petrels,

[[Page 62542]]

and the North American Agreement on Environmental Cooperation provide 
some benefit to the black-footed albatross and its habitat by way of 
increased awareness of potential threats, and implementation of 
environmental protections. The U.S. Migratory Bird Treaty Act and 
Canada's Migratory Birds Convention Act protect the black-footed 
albatross as they ban hunting, killing, injuring, or disturbing 
migratory birds, their nests, or eggs. Canada's Species at Risk Act of 
2002 and Mexico's List of Species at Risk recognize the black-footed 
albatross as requiring special attention, but to the best of our 
knowledge, these listings do not provide additional protection to the 
species or its habitat.
    With 95 percent of the black-footed albatross population nesting in 
the protected areas of the Northwestern Hawaiian Islands, we conclude 
that existing regulatory mechanisms protect and conserve the species 
within its nesting and breeding habitat in the Hawaiian Islands. In 
addition, most of the nesting and breeding habitat of the black-footed 
albatross in the Japanese Islands is protected as either a national 
park or national monument; existing regulatory mechanisms protect and 
conserve the species within its nesting and breeding habitat there as 
well. Based on the above assessment, we do not consider the inadequacy 
of existing regulatory mechanisms to pose a significant threat to the 
black-footed albatross in its nesting habitat rangewide, in the 
Hawaiian Islands, or in the Japanese Islands.
Foraging Range Protections
    Many international agreements and national regulatory mechanisms 
are designed to protect seabirds, including the black-footed albatross, 
against impacts from some fisheries within their foraging ranges. The 
U.N. Convention on the Law of the Sea provides guidelines for 
protecting living resources of the high seas and serves as a medium for 
international cooperation in management of the resources of the high 
seas. The U.N. implemented a moratorium (Resolution 46-215) on pelagic 
drift-net fishing on the high seas in 1992, which successfully 
eliminated a significant source of mortality for black-footed 
albatrosses. In 1997 the FAO developed an International Plan of Action 
to Reduce the Catch of Seabirds in Longline Fisheries, which 
recommended the development of a National Plan of Action (NPOA) for 
each nation with longline fisheries. The United States, Canada, Japan, 
and Taiwan have developed such national action plans. These NPOAs aim 
to reduce the bycatch of seabirds, such as the black-footed albatross, 
and to develop better monitoring and data collection methodologies.
    Japan, Canada, and the United States have further developed 
regulations for reducing the bycatch of black-footed albatrosses and 
other seabirds in their respective fishery operations. The regulations 
reflect similar techniques as described in their NPOA. In addition, 
while much of the range of the black-footed albatross is outside of 
national jurisdictions, some marine areas where the species is known to 
forage are designated as either national or State marine sanctuaries or 
reserves. The National Marine Sanctuaries Act of 1972 authorized five 
sanctuaries within the black-footed albatross' range on the western 
coast of North America. While the States of California, Oregon, and 
Washington are each developing marine protected areas, which may offer 
further protection to the black-footed albatross' marine range, we do 
not rely on the States' possible designation of such areas.
    The vulnerability of the black-footed albatross and other long-
lived seabirds to mortality from fisheries bycatch is widely 
recognized; we acknowledge the need to actively develop and implement 
agreements for bycatch avoidance measures on an international scale to 
continue the effective conservation of the species (e.g., Lewison and 
Crowder 2003, p. 751; ACAP 2010, pp. 13-14), and recognize that all 
agreements and protective measures may not be fully functioning as 
intended. Although mortality from bycatch is apparently currently 
within levels that can be sustained by the species without causing a 
decline (Arata et al. 2009, p. 46), current levels of bycatch may be 
such that the black-footed albatross cannot realize its full growth 
potential (e.g., Wiese and Smith 2003, p. 35; Niel and LeBreton 2005, 
p. 833; Arata et al. 2009, p. 46). Nonetheless, although many of the 
existing agreements could be strengthened or more forcefully 
implemented, based on the evidence from population counts that 
demonstrate black-footed albatross populations are currently relatively 
stable or even slightly increasing across the range of the species, we 
cannot conclude that the existing regulatory mechanisms are so 
inadequate as to pose a significant threat to the species.
    Based on our review of the best available information, we conclude 
that the black-footed albatross is not significantly threatened by the 
inadequacy of regulatory mechanisms related to the Hawaii-based 
shallow-set longline fishery; the Alaska-based demersal longline 
groundfish fishery; and the California, Oregon, and Washington 
groundfish, Pacific hake, and pelagic longline fisheries throughout its 
range. Due to the lack of information, we cannot definitively determine 
the extent and quantify the impact of other Alaska-based demersal 
longline fisheries; other (nonpelagic) longline fisheries based in 
California, Oregon, and Washington; coastal purse seine and troll 
fisheries based in the United States; Canadian-based longline 
fisheries; and longline fisheries based in Japan, Taiwan, China, Korea, 
Russia, and Mexico.
    We are mindful of the potential impacts these fisheries could have 
on the black-footed albatross. There is no evidence at present that 
fishery bycatch is causing a decline in the rangewide, Hawaiian, or 
Japanese populations of black-footed albatross, which are reported to 
be stable or increasing under current conditions, which includes 
current levels of fishery bycatch (Cousins and Cooper 2000, p. 23; 
Arata et al. 2009, pp. 37, 51; ACAP 2010, p. 5; Figure 4, this 
document). However, we also acknowledge that many of the current 
protective agreements are voluntary in nature, and that bycatch 
mitigation measures may be lacking in international fleets (Gilman et 
al. 2008, p. 13). The results of models used to estimate demographic 
parameters and the annual population growth rate of black-footed 
albatross suggest fishery bycatch, among other factors, may be 
influencing the somewhat lower than expected annual population growth 
rate. In fact, Arata et al. (2009, p. 46) caution that, while the 2005 
fishery bycatch was within the mortality level that can be sustained by 
the species without causing a decrease, there is much uncertainty of 
current bycatch estimates for the international pelagic longline 
fishery, which the authors identify as the largest threat to albatross 
species worldwide (Arata et al. 2009, p. 47). However, the evidence 
that the population status of the black-footed albatross is currently 
stable or increasing (Arata et al. 2009, pp. 50-51; ACAP 2010, p. 5; 
Figure 4, this document) leads us to conclude that the threat of 
incidental bycatch from some fisheries, while very real, is not so 
severe that it is resulting in population-level impacts such that it 
poses a significant threat to the species across its range, in the 
Hawaiian Islands, or in the Japanese Islands.

[[Page 62543]]

Factor E. Other Natural or Manmade Factors Affecting Its Continued 
Existence

    Here we discuss potential impacts to the black-footed albatross due 
to contamination from organochlorines (e.g., polychlorinated biphenyls 
(PCBs), dichloro-diphenyl trichloroethane (DDT)), and ingestion of 
plastic. In addition, we discuss collisions with airplanes and 
contamination from oil pollution as potential threats to the species.
Contaminants
    Ecological characteristics can be used to estimate the relative 
risk of contaminants to a species. These characteristics include 
trophic status (species higher in a food chain are more likely to 
accumulate persistent pollutants), pollution point sources, location, 
and lifespan (long-lived individuals have more time to accumulate 
persistent compounds) (Elliott 2005, p. 89). The black-footed albatross 
is a long-lived bird and a top predator, and is, therefore, at high 
risk for the accumulation of contaminants.
    Organochlorides (which include organochlorines) and heavy metals 
have been introduced into the environment through a number of 
anthropogenic activities. Even though the use of DDT and many 
pesticides have been banned in the United States and Europe, they 
continue to persist in the environment for long periods of time 
(Finkelstein et al. 2006, p. 679). Black-footed albatrosses forage 
throughout the north Pacific, but spend most of their time along 
continental shelves and convergence zones off the western coast of 
North America. This area has a documented history of emission of 
contaminants from agriculture and industry (Finkelstein et al. 2006, p. 
680).
    Numerous studies have documented high levels of anthropogenic 
contaminants in black-footed albatrosses. In most of these studies, 
black-footed albatrosses consistently had the highest levels of 
contaminants and heavy metals in comparison to Laysan albatrosses and 
other north Pacific seabirds (Jones et al. 1996, pp. 1,793-1,800; Auman 
et al. 1997a, pp. 498-504; Ludwig et al. 1998, pp. 258-238; Burger and 
Gochfeld 2000, pp. 37-52; Guruge et al. 2001, pp. 389-398; Muir et al. 
2002, pp. 413-423; Fujihara et al. 2003, pp. 287-296; Elliott 2005, pp. 
89-96; Ikemoto et al. 2005, pp. 889-895; Finkelstein et al. 2006, pp. 
678-686). Most of these studies attributed the high contaminant levels 
to the black-footed albatross' trophic position as a top predator; 
others ascribed the black-footed albatross' geographic foraging area as 
the reason for high levels of contamination. Plastics at the sea 
surface layer may also be a source of PCBs, although apparently it is a 
relatively small source (Ludwig et al. 1998, p. 231; Arata et al. 2009, 
p. 20).
    In an analysis of PCB levels and stable isotopes of nitrogen in 
eight species of north Pacific seabirds, black-footed albatrosses had 
the highest levels for all of the 11 PCB compounds evaluated (Elliott 
2005, p. 92). In this study, the analysis of nitrogen isotopes, an 
indicator of trophic level, related the high levels of contaminants in 
black-footed albatrosses to its position as a top marine predator 
(Elliott 2005, pp. 92-93).
    When compared to Laysan albatrosses, black-footed albatross eggs 
have been found to have higher levels of dioxin and furan congeners and 
PCBs (Jones et al. 1996, p. 1,795). Higher levels of PCBs, DDT, and 
dichloro-2,2'-bis-p-chlorophenyl-ethylene (DDE) have been reported in 
black-footed albatross adults, chicks, and eggs in comparison to Laysan 
albatrosses; PCB and DDE levels in black-footed albatrosses have been 
found to be more than twice as high as in Laysan albatrosses (Auman et 
al. 1997a, p. 499). Organochlorides have been documented to reduce 
reproductive success in birds through embryo mortality and eggshell 
thinning. However, in a 1996 study, rates of egg-crushing in black-
footed albatrosses were found to be similar between 1910 and 1969, and 
were also similar to rates observed in Laysan albatrosses (Auman et al. 
1997a, p. 502).
    Ludwig et al. (1998, entire) found that black-footed albatross eggs 
had higher levels of PCBs, polychlorinated dibenzo-p-dioxins, 
polychlorinated dibenzofurans, and DDT-group chemicals than Laysan 
albatross eggs at Midway Atoll between 1993 and 1995. These researchers 
found that 5.9 percent of black-footed albatross eggs were crushed or 
cracked (sample size of 153), compared to 4.1 percent of Laysan 
albatross eggs (sample size of 71) (Ludwig et al. 1998, Table 2, p. 
227). They also found eggshells of black-footed albatrosses collected 
in 1994 and 1995 were 3 to 4 percent thinner than eggshells that had 
been collected prior to World War II, which they characterized as 
``modest'' eggshell thinning, likely as a result of organochloride 
contamination (Ludwig et al. 1998, p. 230).
    The authors suggested that a few females, perhaps 2 to 3 percent of 
the black-footed albatross population, had levels of contamination that 
were high enough to cause direct eggshell thinning effects. Contaminant 
concentrations in black-footed albatross eggs were considered a 
``slight hazard,'' with the possibility of dioxin-like effects that 
could possibly contribute to increased embryo mortality or endocrine 
disruption (Ludwig et al. 1998, pp. 229-230). Hatch success of black-
footed albatross eggs was 78.5 percent (sample size of 2,047), slightly 
less than the 80.8 percent hatch success observed in Laysan albatrosses 
(sample size of 1,415) (Ludwig et al. 1998, Table 2, p. 227).
    Levels of 8 different metals were also compared in 12 species of 
seabirds nesting on Midway Atoll, and black-footed albatrosses were 
found to have levels of mercury that could result in adverse effects 
(Burger and Gochfeld 2000, p. 50); they were below the adverse effects 
threshold for all other metals examined. Although baseline levels for 
determining deleterious impacts of various heavy metals specific to the 
black-footed albatross have not been established, there are some 
generic threshold levels for adverse effects based on observations from 
other bird species. In the study of Burger and Gochfeld (2000, p. 49), 
both adult and young black-footed albatrosses examined exceeded the 
threshold for mercury known to cause sublethal and reproductive effects 
in other species, leading the authors to conclude there was some 
potential for adverse effects, although they note that interspecific 
variation in effect thresholds is not well understood. The authors 
further noted the possibility that black-footed albatrosses may be able 
to convert methylmercury into inorganic mercury in their tissues, 
citing a suggestion made by Kim et al. (1996, as referenced in Burger 
and Gochfeld 2000), and that in such a case the levels observed in 
their study may not be cause for concern (Burger and Gochfeld 2000, p. 
50). Such a hypothesis, however, remains to be tested. Overall, the 
high concentrations of organochlorine contaminants and heavy metals 
observed in black-footed albatrosses are a cause for concern (e.g., 
Arata et al. 2009, pp. 18-20), although to date the evidence for 
negative impacts on individual birds is limited and no population-level 
effects have been observed.
    In the Japanese Islands, levels of mercury in black-footed 
albatross eggs from Torishima Island were higher than mercury levels 
documented for other seabirds and were higher than documented threshold 
levels for adverse effects in other bird species (Ikemoto et al. 2005, 
p. 892). Lead levels in black-footed albatross chicks on Torishima

[[Page 62544]]

Island were below levels of lead-poisoned Laysan albatross chicks from 
Midway Atoll, and no symptoms of lead poisoning, such as droop-wing 
syndrome, were observed (Ikemoto et al. 2005, p. 893). Kunisue et al. 
(2006, entire) studied dioxins and related compounds in black-footed 
and short-tailed albatrosses from Torishima Island. They found 
concentrations of dioxins were greater in black-footed albatrosses than 
in short-tailed albatrosses, and that toxic equivalents of the eggs of 
both albatross species exceeded the thresholds observed in some other 
species of wild birds (Kunisue et al. 2006, pp. 6920, 6925). Although 
they note that sensitivity for biochemical effects varies widely 
between species and the sensitivity of albatross for dioxin-like 
effects is not known, they also found some evidence of what they 
characterize as ``potential dioxin-like alterations'' in the black-
footed albatross (Kunisue et al. 2006, p. 6925).
    In addition to the contribution of trophic level in determining 
contamination level, high levels of organochlorides have also been 
attributed to the foraging locations of black-footed albatross. High 
levels of toxaphene, an organochloride pesticide used in the 1970s, 
PCBs, and DDT in black-footed albatrosses were recorded in 1994 and 
1995 from Midway Atoll, the site of a major military base (Muir et al. 
2002, p. 415). Also, toxaphene, DDT, and other organochloride 
pesticides were widely used in California from the 1970s until the mid-
1980s. Black-footed albatrosses use the coastal waters of western North 
America as a primary foraging area, and it was concluded by some (Muir 
et al. 2002, entire; Finkelstein et al. 2006, entire) that this was a 
likely cause for the higher relative levels of these compounds when 
compared to Laysan albatrosses, which forage mainly in the northwest 
Pacific ocean (Muir et al. 2002, p. 419). As documented in other 
studies, black-footed albatrosses had higher concentrations of PCBs, 
DDT, and mercury than Laysan albatrosses (Finkelstein et al. 2006, p. 
681). Contaminant levels, carbon and nitrogen stable isotope ratios, 
and satellite telemetry data were analyzed, and it was found that 
organochloride and mercury contaminant levels are higher in the 
California Current, where black-footed albatrosses forage, than in 
high-latitude north Pacific waters where Laysan albatrosses forage 
(Finkelstein et al. 2006, pp. 681-685).
    The PCB and DDT levels documented in this study were higher than 
levels measured by others (Auman et al. 1997a, pp. 498-504). 
Finkelstein et al. (2006, p. 684) found levels of dichloro-diphenyl-
dichloroethylene (DDE) in black-footed albatross and Laysan albatross 
that were 160-360 percent higher in samples from 2000 and 2001 than in 
samples from 1992 and 1993, and the proportional increase found in 
black-footed albatross over this time period was twice that observed in 
the Laysan albatross. Based on the information available to the Service 
regarding organochlorides and heavy metal contamination of black-footed 
albatrosses, black-footed albatrosses have been exposed to 
organochlorides and heavy metal contaminants through their food 
resources or their nonbreeding season foraging areas along the western 
coast of North America. We conclude that high levels of organochloride 
and heavy metal contaminants are present in black-footed albatrosses 
and may have contributed to the low levels of eggshell thinning 
observed in the Hawaiian Islands in the mid-1990s; however, the limited 
evidence does not suggest any population-level impact on the black-
footed albatross.
    Between 1994 and 1995, Ludwig et al. (1998, p. 232) estimated 90 
percent of the human-caused mortality in black-footed albatrosses on 
Midway Atoll was likely from fisheries bycatch, and 10 percent was due 
to contaminants. Despite observations of high levels of contaminants in 
black-footed albatrosses at Midway, however, counts of breeding birds 
there demonstrate that the population on Midway Atoll has been 
increasing at an average annual rate of 1.3 percent, and has steadily 
increased since 2000 (ACAP 2010, p. 6 and Figure 2B). The steady 
increase in this population, particularly in recent years when chicks 
born during the study period in the mid-1990s would be entering the 
breeding population, indicates that these contaminants are not acting 
as a limiting factor. In the Japanese Islands, populations of the 
black-footed albatross have also been steadily increasing (see Figure 
4) despite the high levels of lead, mercury, and dioxins and related 
compounds detected in eggs and chicks there. Therefore, we cannot 
conclude that these contaminants pose a significant threat to the 
species across its range, in the Hawaiian Islands, or in the Japanese 
Islands, as we have no evidence that they are causing a decrease in any 
of the populations.
Plastic Ingestion
    In the north Pacific gyre, a massive accumulation of plastic has 
been named the ``great Pacific garbage patch'' or ``Pacific trash 
vortex'' in the popular press. It is a floating mass of largely plastic 
debris approximately the size of the state of Texas, roughly located 
between 20[deg] N and 40[deg] N and divided into eastern and western 
halves connected by the subtropical convergence zone. The eastern patch 
is located between the Hawaiian Islands and the coast of California; 
the western patch occurs off the coast of Japan (Young et al. 2009, p. 
e7623).
    Ingestion of plastics by seabirds is well-documented, especially in 
surface-feeding seabirds that are likely to confuse plastic particles 
with their prey (Spear et al. 1995, pp. 123-146; Nevins et al. 2005, p. 
4). Several studies have documented plastic consumption by black-footed 
albatrosses (Sileo et al. 1990a, pp. 665-681; Sievert and Sileo 1993, 
pp. 212-217; Auman et al. 1997b, pp. 239-244; Blight and Burger 1997, 
pp. 323-325). As plastic particles float on the surface where adults 
forage for food, chicks are accidentally fed plastic by adults, and it 
accumulates in the proventriculus (upper stomach and gizzard). Likely 
due to their surface feeding behavior, Laysan and black-footed 
albatrosses are known to ingest the widest variety and largest volumes 
of plastics of most seabirds studied (Sileo et al. 1990a, p. 666). 
Plastic is usually regurgitated by Laysan albatross chicks in the two 
months prior to fledging, but black-footed albatross chicks continue to 
accumulate plastic in the proventriculus during this period; it is not 
known if they fledge carrying their plastic load or if they regurgitate 
it between leaving the nest and departing the island (Sievert and 
Sileo, 1993, pp. 215-216).
    In a study conducted in 1986 and 1987, 67 to 100 percent of Laysan 
and black-footed albatross chicks (combined) had plastic in their 
proventriculi (Sileo et al. 1990a, p. 674). Although the percentage of 
black-footed albatrosses with large volumes of plastic increased 
through the chick-rearing period, large volumes of plastic were not 
found to have an effect on weight gain or wing growth (Sievert and 
Sileo 1993, pp. 214-215), and the authors concluded there was no 
correlation between the volume of ingested plastic and survival or 
growth of black-footed albatross chicks (Sievert and Sileo 1993, p. 
216). The results of this study suggested that ingested plastic was not 
a significant direct cause of death in albatross chicks (Sievert and 
Sileo 1993, p. 216), consistent with the results of an earlier study of 
Laysan albatross chicks on Midway Atoll (Sileo et al. 1990b, entire). 
In discussing their results that none of the deaths of the Laysan 
chicks

[[Page 62545]]

studied were attributable to ingested plastic, the authors concluded 
``the absence of plastic-related mortality was unexpected'' but 
supported by other research (Sileo et al. 1990b, p. 336, and references 
therein).
    Other research has also suggested that ingested plastic does not 
cause significant direct mortality in albatross chicks, and Auman et 
al. (1997, p. 243) concluded that ``plastics may add considerable 
stress to individuals, but probably have little or no direct impact at 
the population level.'' Although there are relatively few studies that 
definitively attribute seabird mortality to ingestion of plastic (e.g., 
Fry et al. 1987, p. 339; Pierce et al. 2004, p. 187), other research 
suggests numerous potential indirect impacts of plastics, including 
possible starvation due to a false sense of satiation, impaction of the 
intestines, ulceration of the stomach, reduced growth and body mass, 
increased PCB and organochlorine assimilation, and dehydration 
(summarized in Auman et al. 1997b, pp. 242-243; Pierce et al. 2004, p. 
187; Rios et al. 2007, p. 1230). However, in a study of 38 species of 
seabirds in the West North Atlantic over a 14-year period, Moser and 
Lee (1992, p. 93), reported no evidence of such detrimental effects on 
the health of these species, despite increasing levels of plastic 
ingestion over the study period.
    Dehydration was the most common cause of death for both black-
footed albatross and Laysan albatross chicks studied at Midway Atoll in 
1986 and 1987 (Sileo et al. 1990b, p. 329; Sievert and Sileo 1993, p. 
212). Plastic ingestion was implicated directly in the death of only 1 
out of 174 chicks examined (Sievert and Sileo 1993, p. 214). However, 
the decreased survivorship of Laysan albatross chicks that ingested 
high volumes of plastic in 1986 (there was no difference in chick 
survival for either species in 1987) led the authors to suggest that 
dehydration may be a possible indirect effect of plastic ingestion. The 
researchers suggested a high volume of plastic in the proventriculus 
may reduce the amount of food, and hence water, that a chick can accept 
during feeding (Sievert and Sileo 1993, p. 216). However, they also 
note the negative correlation between volume of ingested plastic and 
survival in this single year of observation may be coincidental, and 
controlled experiments are needed to test their hypothesis.
    Plastics contain a variety of additives, and at sea, the surface of 
plastic particles absorbs organochloride compounds, particularly PCBs 
(Ryan 1990, p. 628; Rios et al. 2007, p. 1230; Teuten et al. 2009, p. 
2027). Plastic ingestion may also increase the absorption of toxic 
compounds, but a correlation between polychlorinated biphenyls and 
plastic load in the great shearwater (Puffinus gravis) has been only 
suggestive (Ryan 1990, p. 623). Studies directly evaluating this 
relationship have not been conducted and are needed for the black-
footed albatross because the foraging behavior of this species makes it 
particularly vulnerable to plastic ingestion.
    In summary, although studies suggest numerous potential indirect 
effects of plastic ingestion, we did not find evidence that plastic 
ingestion by black-footed albatrosses is a significant source of 
mortality or reduces body condition in the species. Studies of the 
potential health impacts of plastic ingestion on other procellarids 
(seabirds in the same order as the black-footed albatross) have 
suggested that, although individual birds may suffer adverse 
consequences, population-level effects have not been observed (Moser 
and Lee 1992, p. 93; Auman et al. 1997b, p. 243). Research specific to 
the black-footed albatross concluded that there was no correlation 
between the volume of ingested plastic and survival or growth of black-
footed albatross chicks (Sievert and Sileo 1993, p. 216). As we have no 
evidence that plastics are acting to limit the population of black-
footed albatrosses, we conclude that plastic ingestion is not a 
significant threat to the black-footed albatross throughout its range, 
in the Hawaiian Islands, or in the Japanese Islands.
Oil Pollution
    Because there is much overlap between the range of the black-footed 
albatross and the short-tailed albatross, the potential threat reported 
for the short-tailed albatross from oil contamination might be 
applicable to the black-footed albatross. In the final rule to list the 
short-tailed albatross as an endangered species (65 FR 46643; July 31, 
2000), we describe potential risks to the species in the form of oil 
spills and future oil development. The final rule also discusses 
petroleum toxicity and short-tailed albatross thermoregulatory problems 
that could result from oil contamination. Petroleum exposure may: (1) 
Compromise seabird thermoregulation through the fouling of feathers; 
(2) cause direct toxicity through ingestion; (3) contaminate the birds' 
food resources; (4) reduce prey availability from toxic effects on prey 
species; and (5) cause embryotoxic effects (USFWS 2008a, p. 26).
    The impact of an oil spill depends on many factors, including the 
type, rate, location, and volume of oil spilled, weather and 
oceanographic conditions, time of year of the spill, distribution of 
birds near a spill, and the behavior of birds in reaction to oil (Ford 
et al. 1987, p. 549; McCrary et al. 2003, p. 46). Sources of potential 
oil spills in the range of the black-footed albatross could include 
transport ships, small oil slicks, and current and future offshore 
drilling off the western coast of North America. In California, 23 oil 
platforms operate in Federal waters, and 10 platforms operate in State 
waters, distributed over an area of approximately 12,400 mi\2\ (20,000 
km\2\) (McCrary et al. 2003, p. 43). All oil and gas produced offshore 
is transported to shore by pipeline.
    The Department of the Interior, Bureau of Ocean Energy Management, 
Regulation, and Enforcement, Offshore Energy and Minerals Management, 
(BOEMRE) regulates oil platforms in Federal waters. Since 1969, BOEMRE 
has implemented a facility and pipeline inspection program, developed 
and updated oil spill response, and developed an oil spill response 
network of corporations and volunteers (McCrary et al. 2003, pp. 46-
47). No new oil leases have been issued in California since 1984, and 
the Pacific outer continental shelf waters of California, Oregon, and 
Washington are under a moratorium from new leases until June 30, 2012 
(McCrary et al. 2003, p. 45).
    In Alaska waters, the Department of Environmental Conservation, 
Division of Spill Prevention and Response is responsible for protecting 
the land, waters, and air from oil and hazardous substance spills. It 
regulates spill prevention through spill prevention plans, and reviews 
and approves response plans (SOA 2009, p. 2). Alaska requires oil spill 
contingency plans for offshore oil and gas exploration facilities, 
crude oil transmission pipelines, and oil flow lines and gathering 
lines. The Industry Preparedness Program requires facilities and 
vessels to develop State-approved oil spill response and contingency 
plans, to establish a facility-wide spill prevention program, and to 
ensure that personnel, equipment, and financial resources are available 
to respond to the spills (SOA 2009, p. 2). No oil drilling takes place 
near the black-footed albatross' nesting islands in Hawaii, and the 
State of Hawaii has extensive oil spill prevention and response 
measures in place.
    Nevertheless, in the unlikely event of an oil spill, it is possible 
that black-footed albatrosses could be affected while foraging at sea. 
The wide foraging

[[Page 62546]]

range of the black-footed albatross and consequent dispersion of the 
global population makes it unlikely, however, that any large portion of 
the population would be simultaneously affected by an oil spill. In 
contrast, the short-tailed albatross would be vulnerable to the 
potential impacts of an oil spill due to its very small population 
numbers and extremely limited range. In addition, there is little 
evidence that oil pollution has been responsible for lasting population 
declines of seabirds. While considered to be catastrophic and dramatic 
events, oil spills likely account for only a small proportion of the 
total annual seabird mortality (Thompson and Hamer 2000, p. 97) and do 
not have the chronic mortality population effect of other threats, such 
as bycatch and marine pollutants (Finkelstein et al. 2010, p. 329).
    Based on our evaluation of the best available scientific and 
commercial data, we conclude that oil spills do not pose a significant 
threat to the black-footed albatross across its range, in the Hawaiian 
Islands, or in the Japanese Islands.
Collisions With Aircraft
    Collisions with airplanes were considered a potential threat to the 
endangered short-tailed albatross (65 FR 46643; July 31, 2000), thus it 
has been suggested that collisions with aircraft at Midway Atoll could 
impact black-footed albatrosses, especially if regular commercial air 
service were to be resumed on Midway. However, resumption of commercial 
air service on Midway is not anticipated (Klavitter 2009, pers. comm.). 
Since the closure of Midway Phoenix Corporation's activities at Midway 
Atoll in 2002, air traffic consists of 36 flights a year under contract 
with the U.S. Fish and Wildlife Service, or roughly 3 flights per 
month, with occasional additional visitor flights as well (Schulmeister 
2011, pers. comm.). Aloha Airlines discontinued charter service to 
Midway in 2004, further reducing air traffic to the atoll. Currently, 
only Asheviille Jet Charter and Management is under contract with the 
Service to provide flights to Midway Atoll on any regular basis 
(Schulmeister 2011, pers. comm.).
    To minimize the risk of bird-aircraft collisions, the Service 
implements protocols to reduce and document seabird collisions. During 
the Laysan and black-footed albatross breeding season (November through 
July), flights to and from Midway Atoll occur after dark, and staff 
sweep the runway and remove any birds that are present (Klavitter 2009, 
pers. comm.). Transient aircraft (primarily U.S. military or U.S. Coast 
Guard C-130s) are required to obtain prior permission from the Refuge 
Manager before landing at Midway Atoll. Black-footed albatrosses do not 
nest on the runway or its buffer as these areas are paved and 
unvegetated and are not suitable for nesting by this species. Few 
collisions with black-footed albatrosses occur, and when they do occur 
it is primarily with young fledglings that move onto the runway after 
it has been swept. The black-footed albatross' preference for nesting 
near the shoreline also decreases the likelihood of being struck by 
aircraft. Nonetheless, the incidence of seabird-airplane collisions 
(between 3 and 35 black-footed and Laysan albatrosses combined 
annually) on Midway has not significantly impacted the black-footed 
albatross population (USFWS 2004, p. 8).
    The Service operates a very limited air service to Tern Island to 
support ongoing conservation and research activities on the island. 
Prelanding and takeoff sweeps are conducted to remove birds from the 
active runway (USFWS 2004, p. 33). Air service to Tern Island from 
Honolulu occurs approximately once every 2 to 6 weeks. However, the 
runway at Tern Island is unlit, so flights must occur during the 
daytime. Rates of bird-aircraft interactions are higher than on Midway 
Atoll, but most strikes are with sooty terns (Sterna fuscata) (USFWS 
2004, pp. 7-8). We do not have specific information regarding the 
number of black-footed albatrosses involved in strikes. Altogether, the 
number of airline flights in the Northwestern Hawaiian Islands is 
limited, collisions with black-footed albatrosses are infrequent and 
measures are in place to avoid them, and mortality of black-footed 
albatross from airplane strikes has been limited. There is no evidence 
that collisions with aircraft poses any significant threat to black-
footed albatrosses in the Hawaiian Islands, nor do we expect any change 
in this situation. We have no information to indicate that collisions 
with aircraft pose any threat to black-footed albatrosses nesting in 
the Japanese Islands. Based on our evaluation of the best available 
scientific and commercial information, we conclude that collisions with 
aircraft do not pose a significant threat to the black-footed albatross 
across its range, in the Hawaiian Islands, or in the Japanese Islands.
Summary of Factor E
    Regarding other natural or manmade factors affecting the continued 
existence of the species, we conclude that organochloride and heavy 
metal contaminants are present at relatively high levels in black-
footed albatrosses, based on studies that measured the levels of these 
contaminants in black-footed albatross adults, chicks, and eggs. Some 
black-footed albatross egg mortality due to egg crushing is likely 
caused by organochloride contamination, and toxic equivalents of some 
contaminants (e.g., dioxins) exceed the toxicity thresholds for some 
other wild birds, but the sensitivity of black-footed albatrosses is 
not known. Despite the high levels of contaminants in black-footed 
albatrosses, deleterious effects on individuals have not been reported, 
nor have any population-level effects been observed. We, therefore, 
conclude that the available evidence does not support a conclusion that 
organochlorine and heavy metal contamination poses a significant threat 
to the species rangewide, in the Hawaiian Islands, or in the Japanese 
Islands.
    Like other surface-foraging seabirds, black-footed albatrosses 
accidentally ingest plastics while foraging, and feed ingested plastic 
to their chicks. Although we recognize the possible indirect effects of 
dehydration or exposure to PCBs resulting from plastic ingestion may be 
cause for concern, we found no information indicating that plastic 
ingestion is a significant source of black-footed albatross mortality 
or reduces body condition in chicks or adults, nor did we find evidence 
that plastic ingestion is having any population-level effects on the 
species. Therefore, we conclude that plastic ingestion is not a 
significant threat to the black-footed albatross rangewide, in the 
Hawaiian Islands, or in the Japanese Islands.
    Potential impacts from contamination from oil spills and future oil 
development are not likely to be a threat to the species' nesting 
habitat in the Hawaiian Islands because no oil drilling takes place 
there, and extensive oil spill prevention and response measures are in 
place in the Hawaiian Islands. We have no information to indicate that 
oil spills pose a threat to the nesting habitat of black-footed 
albatrosses in the Japanese Islands. However, because black-footed 
albatrosses disperse and forage rangewide over vast areas of the ocean 
and could possibly encounter oil anywhere, they are vulnerable to oil 
spills, both individually and in small foraging groups, but not at a 
scale that is likely to have population-level effects. We, therefore, 
do not consider oil spill contamination to be a significant threat to 
the black-footed albatross rangewide, in the Hawaiian Islands, or in 
the Japanese Islands.

[[Page 62547]]

    Hazards to black-footed albatrosses from collisions with aircraft 
at Midway Atoll and Tern Island where there is air traffic are not a 
threat because flights are limited, prelanding and takeoff protocols 
are in place to remove birds from active runways, and the incidence of 
collisions is low. We have no information to suggest that collisions 
with aircraft pose a significant threat to the Japanese Islands 
population of the black-footed albatross. We, therefore, do not 
consider collisions with aircraft to pose a significant threat to the 
black-footed albatross rangewide, in the Hawaiian Islands, or in the 
Japanese Islands.
Synergistic Interactions Between Threat Factors
    We have evaluated individual threats to the black-footed albatross 
throughout its range. The black-footed albatross faces myriad potential 
stressors, including the effects of climate change, impacts to nesting 
habitat from nonnative plants, avian disease, the ingestion of 
plastics, and heavy metal contamination. In considering whether the 
threats to a species may be so great as to warrant listing under the 
Act, we must look beyond the possible impacts of these stressors in 
isolation, and consider the potential cumulative impacts of all of the 
threats facing a species.
    In making this finding, we considered whether there may be 
cumulative effects to the species from the combined impacts of existing 
stressors such as contamination by organochlorines and heavy metals, 
plastic ingestion, and fisheries bycatch, such that even if each 
stressor individually does not result in population-level impacts, 
perhaps cumulatively they would be considered to do so. Population data 
for the black-footed albatross demonstrates a stable or increasing 
trend in the global population, based on data from 1955 through 2003 
(Arata et al. 2009, p. 46), as well as in the Hawaiian Islands breeding 
population (data from 1998 through 2009; ACAP 2010, pp. 5-6) and the 
Japanese Islands breeding population (data from 1957 through 2010; 
Hasegawa 2010, pers. comm.). This stable or increasing trend suggests 
that the possible synergistic interactions between the aforementioned 
stressors do not significantly limit the population of the black-footed 
albatross across its range, in the Hawaiian Islands, or in the Japanese 
Islands. If the existing stressors cumulatively acted as a limiting 
factor on the black-footed albatross global population, we would expect 
a population decline during the time periods examined. Therefore, we 
conclude that synergistic interactions between existing stressors do 
not pose a significant threat to the black-footed albatross, across its 
range, in the Hawaiian Islands DPS, or the Japanese Islands DPS.
    In the case of the black-footed albatross, additional potential 
sources of synergistic interactions between stressors are posed by the 
effects of climate change. For example, it has been suggested that, 
although plastic ingestion has not been demonstrated as a direct cause 
of mortality, it may be that ingestion of plastics may contribute to 
dehydration (Sievert and Sileo 1993, p. 216). If this were the case, 
then increased ambient temperatures anticipated as an effect of future 
climate change could exacerbate this stressor, as the increased need 
for evaporative cooling under higher ambient temperatures would also 
lead to an increased vulnerability to dehydration. However, the 
possible linkage between plastic ingestion and dehydration has only 
been suggested (Sievert and Sileo 1993, p. 216); more research is 
needed to understand the possible synergistic effects of increased 
ambient temperatures on black-footed albatrosses that ingest plastics.
    In addition, it has been suggested that the invasive nonnative 
plant Verbesina encelioides may potentially reduce the capacity for 
convective cooling for the black-footed albatross by interfering with 
wind flow, an impact that would also be exacerbated by higher ambient 
temperatures. Currently there is no evidence that increased ambient 
temperatures and V. encelioides will synergistically negatively impact 
the ability of black-footed albatrosses to regulate, and this effect 
remains only suggested at this point in time. Additionally, as noted 
above, there are effective control programs in place for V. encelioides 
and other nonnative plants, such that we do not anticipate they will 
have a significant impact on the black-footed albatross in the future, 
even in the face of increased ambient temperatures. Any possible future 
impacts of climate change on these putative threats would therefore be 
speculative in the absence of more conclusive data supporting such 
associations.
    There are many questions about how the effects associated with 
climate change may impact the black-footed albatross, and the answers 
are unclear at this point in time. Data in this regard are extremely 
limited, and all projections of future conditions have varying degrees 
of confidence associated with them. This in turn leads to even greater 
uncertainty when the potential synergistic interactions between 
projected variable future conditions are considered. For example, as 
discussed above, we anticipate that the area of nesting habitat 
available to black-footed albatrosses will gradually decrease as sea 
level rises; the extent of future sea level rise and land area loss is 
uncertain, and the extent of available nesting habitat that may be lost 
is also unknown. Although we anticipate that black-footed albatrosses 
may shift nesting locations over time in response to such events, we do 
not have any data to indicate the time scale over which such shifts may 
occur, what proportion of the population may find suitable new nesting 
sites, or the potential maximum density of nesting seabirds that may 
serve as a limiting factor on the islands utilized by the species. If 
greater numbers of black-footed albatrosses move inland to nest, on 
those islands where nonnative Casuarina equisetifolia trees occur, they 
could pose an increased threat to nesting black-footed albatrosses if 
storm frequency or intensity increases, due to falling limbs. Other 
potential changes associated with possible increases in storm frequency 
or intensity and sea level rise are increased overwash events.
    All of these potential threats may interact to affect the black-
footed albatross to varying degrees. However, as discussed above, all 
of these potential future threats have varying degrees of confidence 
and uncertainty. Interactions between multiple projected threats, each 
with its own degree of uncertainty, further compounds that lack of 
confidence, resulting in even greater uncertainty. When we additionally 
consider uncertainties as to whether such events will affect black-
footed albatrosses (for example, as discussed above, there is little 
overlap in timing between nesting and tropical storm events) or how 
black-footed albatrosses will respond to such events, we conclude that 
we do not have sufficient information available to us to reliably 
assess the impacts of possible synergistic interactions of threats 
related to the effects of climate change on the black-footed albatross. 
The time scale and extremity at which the potential impacts of future 
effects of climate change will be realized are too uncertain, as is the 
potential behavioral response of the species. At this point in time, 
given the complex and uncertain nature of the effects associated with 
climate change, we can only conclude that continued research and 
monitoring is important in the detection of potential future effects of 
synergistic interactions between the effects of climate change

[[Page 62548]]

and other potential threats to the black-footed albatross.

Finding

    As required by the Act, we considered the five factors in assessing 
whether the black-footed albatross is endangered or threatened 
throughout all or a significant portion of its range. We have assessed 
the best available scientific and commercial data regarding the threats 
facing the black-footed albatross. We reviewed numerous information 
sources including literature cited in the petition, information in our 
files, and information submitted to us following our 90-day petition 
finding (72 FR 57278; October 9, 2007), and a second information 
solicitation period (74 FR 43092; August 26, 2009), and we consulted 
with recognized experts and other Federal and State agencies on 
potential threats to the black-footed albatross and its marine and 
terrestrial habitat. Such potential threats include: Historical habitat 
modification; invasive species; effects from climate change including 
sea level rise, changes in tropical storm frequency and intensity, 
changes in marine productivity, and increases in ambient temperature; 
overutilization; disease and predation; bycatch in fisheries; 
contamination by PCBs and other pollutants; plastic ingestion; oil 
spills; and collisions with aircraft. To determine whether these risk 
factors individually or collectively cause the species to be in danger 
of extinction throughout its range, or will likely do so within the 
foreseeable future, we first considered whether the factors, either 
singly or in combination, were causing a population decline, or were 
likely to do so within the foreseeable future.
    Under Factor A (``Present or Threatened Destruction, Modification, 
or Curtailment of Its Habitat or Range''), we evaluated the effects of: 
Military activities, volcanic activity; natural gas development; 
invasive plant species; and climate change in the forms of sea level 
rise and inundation, changes in tropical storm frequency and intensity, 
decreased marine productivity, and increased ambient temperature.
    We found that the black-footed albatross historically experienced 
range reduction and habitat modification by armed forces during their 
occupation of black-footed albatross breeding islands in the western 
and central Pacific, up to and following World War II. Currently, 
however, at least 96 percent of black-footed albatross nesting habitat 
rangewide and including both the Hawaiian and Japanese Islands is 
protected, now and into the future, on islands that are managed for the 
conservation of native wildlife and their habitat, and it is unlikely 
that a military presence will be necessary on these islands in the 
foreseeable future.
    Loss of breeding habitat from volcanic activity is a potential 
threat only on Torishima Island in the western Pacific. However, 
because the black-footed albatross population on Torishima Island 
comprises only 3.5 percent of the rangewide breeding population of the 
species, we do not consider volcanism to be a significant threat to 
black-footed albatrosses rangewide. Furthermore, evidence from past 
volcanic events on Torishima demonstrates black-footed albatrosses are 
either likely to survive such events, probably because a large portion 
of the population is at sea when they occur, or are likely to 
eventually recolonize from nearby islands; therefore, we do not 
consider volcanic activity to be a significant threat to black-footed 
albatrosses in the Japanese Islands.
    We have no evidence to suggest that the potential exploration of 
undersea natural gas resources is a threat to black-footed albatrosses 
on the Senkaku Islands, which comprise less than 0.1 percent of the 
population of black-footed albatross nesting rangewide. It is 
considered unlikely that these resources exist in the area and, due to 
weak economic interest and the disputed sovereignty of the islands, 
such exploration is not likely to occur within the foreseeable future. 
Even if such development were to occur in this area, we have no 
evidence to suggest that undersea gas development near these islands 
would pose a significant threat to the species rangewide or in the 
Japanese Islands.
    Verbesina encelioides is an invasive nonnative plant that forms 
dense thickets and reduces black-footed albatross nesting habitat on 
Kure Atoll, Midway Atoll, and Pearl and Hermes Reef in the Hawaiian 
Islands, but is not known from the islands in the western Pacific. 
Casuarina equisetifolia is a nonnative tree that has been identified as 
a threat to ground-nesting seabirds on Midway Atoll, as it degrades 
nesting habitat and potentially interferes with flight. We found that 
the Service, NOAA, and HDLNR are implementing control measures to 
reduce infestations of these nonnative plants in the Hawaiian Islands, 
and they are developing protocols to prevent the accidental 
introduction of new, nonnative plants on all of the black-footed 
albatross nesting islands within the PMNM. We have no evidence that 
either of these nonnative plants is currently causing any significant 
impact on the nesting populations of black-footed albatrosses on these 
islands, and we expect the active management of these invasive species 
to continue. We have no information indicating that invasive nonnative 
plants pose any threat to black-footed albatrosses nesting in the 
Japanese Islands. For these reasons, we conclude that, as currently 
managed, V. encelioides, C. equisetifolia, and other nonnative plants 
are not a significant threat to the black-footed albatross rangewide, 
in the Hawaiian Islands, or in the Japanese Islands.
    The majority of models of future climate change available use a 
100-year timescale to predict changes through the year 2100. However, 
projections over the next 30 to 50 years are more reliable than 
projections for the second half of the twenty-first century, which 
become increasingly uncertain and variable after 50 years into the 
future (Cox and Stephenson 2007, pp. 207-208). We, therefore, conclude 
that 50 years is the maximum timeframe over which to assess the effects 
of threats to the black-footed albatross associated with climate 
change. In particular due to great uncertainty surrounding the possible 
behavioral response of the black-footed albatross to changes in habitat 
suitability and availability associated with sea level rise, we 
assessed the threat associated with sea level rise over several time 
intervals, from 10 to 20 years into the future, 30 to 40 years into the 
future, and 50 years into the future. We considered 50 years to be the 
limit of our ability to reasonably project the future conservation 
status of the species, based on considerations of projected 
environmental conditions and uncertainties in the response of the 
species.
    Because of the lack of study and high degree of uncertainty in the 
available information on the impacts of sea level rise on black-footed 
albatross nesting habitat in the Hawaiian or Japanese islands, it is 
challenging to draw any firm conclusions regarding the immediacy and 
significance of sea level rise on black-footed albatross nesting 
success on these islands. Our analysis indicates that over the maximum 
timeframe of 50 years, a 2.4-ft (0.7-m) sea level rise will likely 
result in beach erosion in some (seaward) areas and beach deposition in 
other (lagoon-side) areas on Tern, Sand, and Eastern Islands, and Kure 
Atoll (which together support approximately 48 percent of black-footed 
albatross breeding pairs) or may affect only a limited area of 
geomorphically similar islands (e.g., Lisianski and Laysan), which 
support approximately 35 percent of black-footed albatross breeding 
pairs), as has

[[Page 62549]]

been observed in other Pacific atoll islands in response to rising sea 
level. Approximately 12 percent of black-footed albatrosses nest on 
high islands (e.g., Kaula, Lehua, Necker, and Nihoa in the Hawaiian 
Islands, and the Japanese Islands of Torishima, Senkaku, and 
Ogasawara), and breeding birds on these islands will not be affected by 
sea level rise in the foreseeable future.
    Although sea level rise is expected to result in the loss of land 
area in the Hawaiian Islands, and we acknowledge that this loss of land 
may disproportionately affect black-footed albatross nesting habitat, 
the best available information indicates that sufficient land area will 
likely remain to support large numbers of black-footed albatross, 
albeit at likely reduced numbers. Based on the anticipated relatively 
gradual nature of sea level rise over time, the amount of land area 
projected to remain, the ability of black-footed albatrosses to nest in 
habitats other than sandy beaches, the apparent capacity of these 
islands to support high densities of nesting seabirds, and the evidence 
suggesting that black-footed albatrosses may have the behavioral 
flexibility to seek out new nesting sites, we believe the black-footed 
albatross may shift to new nest sites over time in response to sea 
level rise in the Hawaiian Islands. Therefore, based on our assessment 
of the best available information, we do not believe sea level rise and 
coastal inundation pose a significant threat to the black-footed 
albatross rangewide, in the Hawaiian Islands, or in the Japanese 
Islands, now or within the foreseeable future.
    Climate models indicate that winter wave heights in black-footed 
albatross breeding areas in the Northwestern Hawaiian Islands and the 
Japanese Islands will remain unchanged in the foreseeable future. Wave 
surge and overwash events are not unusual and are expected to continue 
to occur occasionally and impact breeding black-footed albatrosses in 
localized areas. We have no evidence to suggest, however, that future 
impacts will be any different than those currently experienced by the 
species. Based on our assessment of the best available information, we 
do not believe winter wave inundation poses a significant threat to the 
black-footed albatross rangewide, in the Hawaiian Islands, or in the 
Japanese Islands, now or within the foreseeable future.
    While tropical storm intensity (strength) is projected to increase 
slightly (i.e., by a few percent) in the central Pacific (e.g., 
Hawaiian Islands), the frequency of tropical storms is projected to 
decrease. Slight increases (i.e., a few percent) over the next 100 to 
200 years in both the frequency and intensity of tropical storms are 
projected in the western Pacific (e.g., Japanese Islands). These 
projected increases are not expected to significantly affect black-
footed albatrosses within the foreseeable future, as the birds arrive 
at their nesting sites in mid- to late- October and begin laying eggs 
in mid-November. Since the tropical storm season in the central and 
western Pacific ends in November or early December, the period of 
overlap between bird arrivals at nesting sites and the end of the 
tropical storm season is likely only a few weeks. While there may be 
some short-term impacts to black-footed albatross nesting success due 
to the potential short-term overlap of the arrival of birds at nesting 
sites at the end of the tropical storm season, we do not anticipate 
these impacts to significantly affect the breeding population of the 
species. Therefore, based on our assessment of the best available 
information, we do not believe storm frequency and intensity pose 
significant threats to the black-footed albatross rangewide, in the 
Hawaiian Islands, or in the Japanese Islands, now or within the 
foreseeable future. We are unable to assess the effects of potential 
climate-induced changes in the duration of tropical storm seasons on 
the black-footed albatross due to the lack of studies and available 
information.
    We found no direct evidence that changes in ocean productivity due 
to climate change have affected the black-footed albatross, or are 
likely to do so within the foreseeable future. Based on the limited 
available information, it appears that black-footed albatross breeding 
success (i.e., the number of breeding pairs and fledging success) has 
not reflected any response to past El Ni[ntilde]o and PDO events 
(seasons of low marine productivity). This is likely because, unlike 
many other albatrosses and seabirds, the black-footed albatross forages 
across a wide range of ocean temperatures and is found aggregating 
where sea surface temperatures are relatively warm, thereby buffering 
the impacts of reduced marine productivity on this species compared to 
other seabirds. However, there are documented instances of decreased 
reproductive success and even reproductive failure associated with El 
Ni[ntilde]o for other seabird species, especially in years of severe 
ENSO events. Therefore, we cannot discount the possibility that a 
severe ENSO event, or a series of severe ENSO events associated with 
climate change, will not affect the reproduction of black-footed 
albatrosses in the future. However, based on the best available 
scientific evidence before us at this time, we have no information to 
suggest that such events are likely to pose a significant threat to the 
black-footed albatross within the foreseeable future.
    Similarly, we found no evidence to suggest the projected 2.32 to 
3.15 [deg]F (1.29 to 1.75 [deg]C) increase in annual mean SAT 
associated with climate change by the year 2065 (Meehl et al. 2007, p. 
763, Table 10.5) will have a significant adverse effect on black-footed 
albatrosses. The black-footed albatross is adapted to nesting in a hot 
environment with intense solar radiation, and the evidence suggests 
they are capable of responding to the projected average increases in 
air temperature within the foreseeable future. Whether future extreme 
high temperatures may exceed the thermal tolerance of the black-footed 
albatross cannot be determined at this time, and based on the lack of 
critical information to inform any such evaluation, any conclusion with 
regard to this question would be highly speculative.
    Therefore, based on the best available scientific information, we 
conclude that potential sea level rise and coastal inundation, winter 
wave heights, changes in tropical storm frequency and intensity, 
potential decreased marine productivity, or increased ambient 
temperature associated with climate change do not pose a significant 
threat to the black-footed albatross rangewide, in the Hawaiian 
Islands, or in the Japanese Islands, now or within the foreseeable 
future.
    Based on our evaluation of Factor A, using the best available 
scientific and commercial data as summarized above, we conclude that 
the present or threatened destruction, modification, or curtailment of 
its habitat or range does not pose a significant threat to the black-
footed albatross across its range, in the Hawaiian Islands, or in the 
Japanese Islands, now or in the foreseeable future, to the extent that 
the species is presently in danger of extinction, or likely to become 
so within the foreseeable future. Although climate change will 
undoubtedly impact the black-footed albatross to some degree, the 
immediacy, severity, and magnitude of any such impacts at a population 
level are uncertain at this time.
    Under Factor B (``Overutilization for Commercial, recreational, 
scientific, or educational purposes''), we determined that historically 
the black-footed albatross was exploited for its feathers and eggs. 
Because there is no demand for or exploitation of black-footed 
albatross feathers and eggs, and there are protections in place for its 
nesting

[[Page 62550]]

habitat, we find that overutilization is not a significant threat to 
the black-footed albatross throughout its range, in the Hawaiian 
Islands, or in the Japanese Islands, to the extent that the species is 
presently in danger of extinction, or likely to become so within the 
foreseeable future.
    Under Factor C (``Disease or Predation''), we found that while 
avian pox was once thought to be a significant source of mortality, 
recent information suggests that most infected individuals recover from 
the disease. Avian pox is transmitted by mosquitoes, which are known 
only from the islands of Lehua, where only 25 breeding pairs of black-
footed albatrosses were last reported, and Midway Atoll. We have no 
evidence to suggest that avian pox poses a significant threat to the 
black-footed albatross in the Japanese Islands. Other diseases such as 
H5N1 avian influenza, West Nile virus, and avian cholera have not been 
documented in the Hawaiian Islands or the breeding range of the black-
footed albatross in the Japanese Islands of the western Pacific. The 
remoteness of the island breeding habitat of the black-footed albatross 
decreases the likelihood of transmission of these diseases to these 
areas. Therefore, we concluded that avian pox, H5N1 avian influenza, 
West Nile virus, and avian cholera do not threaten the black-footed 
albatross throughout its range, in the Hawaiian Islands, or in the 
Japanese Islands, now or in the foreseeable future, to the extent that 
the species is currently in danger of extinction, or likely to become 
so within the foreseeable future.
    Predation by nonnative rats is not a significant threat to black-
footed albatrosses in the Northwestern Hawaiian Islands, where 95 
percent of the rangewide population nest, because: (1) There are no 
rats on these islands; and (2) protocols are in place to prevent the 
inadvertent introduction of rats to these islands or to eradicate them 
if they are accidentally introduced. Additionally, rat eradication 
efforts have been initiated and are continuing on Lehua Island, where 
less than 0.01 percent of the black-footed albatross population breeds. 
Rats have been reported on Torishima Island and the Ogasawara Islands, 
where 5 percent of the black-footed albatross population breeds. 
However, the breeding colonies on these islands are reported to be 
increasing despite the presence of rats; therefore, we do not consider 
rats to be a significant threat. Depredation by sharks is a known and 
natural source of seabird mortality, but we found no evidence that 
predation by sharks on black-footed albatross fledglings is a 
significant threat to the species in the Northwestern Hawaiian Islands, 
where 95 percent of the breeding population occurs. We are unable to 
determine the extent and impact of shark predation on black-footed 
albatrosses in the western Pacific islands due to the lack of study and 
available information, but we have no evidence to suggest that it may 
pose a significant threat to the Japanese Islands population. We 
conclude, therefore, that predation by either rats or sharks is not a 
significant threat to the black-footed albatross throughout its range, 
in the Hawaiian Islands, or in the Japanese Islands, now or in the 
foreseeable future, to the extent that the species is currently in 
danger of extinction, or likely to become so within the foreseeable 
future.
    Under Factor D (``Inadequacy of Existing Regulatory Mechanisms''), 
we looked at the diverse network of international, national, and 
regional laws, regulations, and agreements that may provide protection 
to the black-footed albatross and its habitat and effectively 
ameliorate threats rangewide. National and international agreements and 
laws provide some protection for the black-footed albatross from 
hunting, killing, harassment, and harm. Ninety-five percent of the 
black-footed albatross breeding population is protected by the PMNM, 
the National Wildlife Refuge System, and the State of Hawaii Seabird 
Sanctuary system. The Japanese breeding colonies on Torishima Island 
and the Ogasawara Islands are protected within a national natural 
monument and a national park, respectively. While much of the marine 
foraging range of the black-footed albatross is outside of national 
jurisdictions, some areas are protected within national or State marine 
sanctuaries or reserves, including five sanctuaries within the species' 
range off the western coast of North America.
    International agreements and national regulatory mechanisms protect 
the black-footed albatross against impacts from some fisheries in its 
foraging range. The U.N. Convention on the Law of the Sea provides 
guidelines for protecting living resources of the high seas and serves 
as a medium for international cooperation in management of the 
resources of the high seas. U.N. Resolution 46-215 eliminated a 
significant source of mortality for black-footed albatrosses from 
pelagic drift-net fishing. The United States, Canada, Japan, and Taiwan 
have developed plans to reduce the bycatch of seabirds such as the 
black-footed albatross, and to develop better monitoring and data 
collection methodologies. The United States, Canada, and Japan have 
developed regulations for reducing the bycatch of black-footed 
albatrosses and other seabirds in their respective fishery operations. 
However, we note that many of the existing agreements are nonbinding, 
or key nations are not signatory to relevant international agreements; 
therefore, some of these agreements provide little protection to the 
black-footed albatross and other seabirds.
    Based on our review of the best available information and for the 
reasons described in Fishery Regulations (above), we find that the 
black-footed albatross is not significantly threatened by the Hawaii-
based longline fishery; the Alaska-based demersal longline groundfish 
fishery; or the California, Oregon, and Washington longline or 
groundfish and Pacific hake fisheries throughout the species' range now 
or in the foreseeable future. We cannot definitively determine the 
extent or quantify the impact of international demersal longline 
fisheries, but recent studies caution that there is much uncertainty in 
the bycatch estimates of the international pelagic longline fishery, 
which is considered the greatest threat to all albatross species 
throughout their ranges. Despite the shortcomings of many of the 
existing regulatory mechanisms, the present population status of the 
black-footed albatross, with rangewide populations stable or 
increasing, does not indicate that these mechanisms are inadequate such 
that they may be resulting in population-level effects on the species.
    We are mindful of the potential impacts that these fisheries could 
have on the black-footed albatross, but conclude there is no evidence 
at present that fishery bycatch is causing a decline in the rangewide 
population of black-footed albatross, which is reported to be stable or 
increasing in both the Hawaiian Islands and the Japanese Islands 
breeding populations (Arata et al. 2009, p. 51; ACAP 2010, p. 5; Figure 
4, this document). Therefore, based on our evaluation of the best 
available scientific and commercial data, we conclude the inadequacy of 
existing regulatory mechanisms does not threaten the black-footed 
albatross throughout its foraging range, now or in the foreseeable 
future, to the extent that the species is currently in danger of 
extinction or likely to become so within the foreseeable future.
    Under Factor E (``Other Natural or Manmade Factors Affecting Its 
Continued Existence''), we found that organochlorine and heavy metal 
contaminants are present in high levels in black-footed albatrosses. 
Some egg mortality in black-footed albatrosses due

[[Page 62551]]

to egg crushing is likely caused by organochloride contamination, and 
contaminant levels observed exceed toxicity thresholds known for other 
avian species. The sensitivity of black-footed albatrosses to these 
contaminants is not known, however, and deleterious effects have not 
been reported in adult birds or chicks, or reflected at the population 
level. Therefore, we conclude that organochlorine and heavy metal 
contaminants have not been shown to be a significant threat to the 
black-footed albatross.
    We also found that, like other seabirds, black-footed albatrosses 
ingest plastics while foraging and accidentally feed ingested plastics 
to their chicks. Investigations on the effects of plastic ingestion in 
black-footed albatross showed plastics are not a direct cause of 
mortality, nor was plastic ingestion correlated with body condition or 
survivorship of chicks. The primary cause of chick mortality was 
dehydration, but it has also been suggested that plastic ingestion may 
prevent chicks from feeding properly, which may result in dehydration. 
This hypothesis remains to be tested. The ingestion of plastics and 
consequent potential for dehydration is of concern, however, 
particularly when considered in conjunction with predicted increased 
ambient temperatures. However, at present there is no information 
indicating plastic ingestion is a significant source of black-footed 
albatross mortality, or that it reduces body condition in chicks or 
adults. Furthermore, it has not been demonstrated to have any 
population-level effects. We, therefore, conclude that plastic 
ingestion is not a threat to the black-footed albatross throughout its 
range, in the Hawaiian Islands, or in the Japanese Islands, now or in 
the foreseeable future, to the extent that the species is currently in 
danger of extinction or likely to become so within the foreseeable 
future.
    Black-footed albatrosses forage singly or in small groups, and 
potential impacts from contamination from oil spills and future oil 
development are not a significant threat to the species because: (1) 
Few individuals would be exposed at any one time and oil spill 
prevention measures are in place; (2) we have no evidence of active oil 
drilling in the proximity of black-footed albatross nesting islands; 
and (3) response measures are in place in the species' foraging range 
in the Hawaiian Islands and the western coast of North America. Hazards 
to black-footed albatrosses from collisions with aircraft at Midway 
Atoll and Tern Island are not significant as a result of limited 
flights and prelanding and takeoff protocols to remove birds from 
active runways on these islands. We have no information to suggest that 
either oil spills or aircraft collisions pose significant threats to 
black-footed albatross breeding in the Japanese Islands. Therefore, 
based on the best available scientific and commercial data, we find 
that other natural or manmade factors do not threaten the black-footed 
albatross throughout its range, in the Hawaiian Islands, or in the 
Japanese Islands, now or in the foreseeable future, to the extent that 
the species is currently in danger of extinction, or likely to become 
so within the foreseeable future.
    On the basis of our status review, we conclude that listing the 
black-footed albatross rangewide is not warranted at this time. Our 
standard for determining whether listing is warranted is whether a 
species is presently in danger of extinction throughout all or a 
significant portion of its range (endangered) or is likely to become an 
endangered species within the foreseeable future throughout all or a 
significant portion of its range (threatened). We acknowledge the 
black-footed albatross faces a variety of threats, and that some of 
these threats have had significant impacts on the species in the past. 
However, our evaluation of the best available scientific and commercial 
data does not suggest that these threats, either singly or in 
combination, are currently of such severity or magnitude as to place 
the species in danger of extinction at the present time, or within the 
foreseeable future. We reviewed the petition, information available in 
our files, other published and unpublished information submitted to us 
during the public comment periods following our 90-day petition 
finding, and consulted with recognized albatross experts and other 
Federal, State, and local resource agencies within the historical range 
of the black-footed albatross, both in the Hawaiian Islands and in the 
western Pacific (Japanese Islands). Following this exhaustive review, 
we find that listing the black-footed albatross as endangered or 
threatened across its range is not warranted at this time.
    In making this finding, we recognize there have been historical 
declines in black-footed albatross populations, and that the more 
recent declines observed from roughly the late 1950s through 1980s were 
primarily attributed to driftnet and longline fishery bycatch. Although 
the environmental effects from climate change will undoubtedly impact 
the species, we conclude that significant impacts to the black-footed 
albatross within the foreseeable future are not likely.
    At this time, we conclude the best available scientific and 
commercial data suggests the population of black-footed albatross is 
large and robust enough to withstand the threats facing the species, as 
evidenced by the primarily stable or even slightly increasing 
populations across its range, and we have no evidence to suggest the 
species is in danger of extinction or is likely to become in danger of 
extinction within the foreseeable future.

Evaluation of the Black-Footed Albatross as Two Potential Distinct 
Population Segments

    After assessing whether the species is endangered or threatened 
throughout its range, we next consider whether a distinct vertebrate 
population segment (DPS) meets the definition of endangered or 
threatened.
    To interpret and implement the distinct vertebrate population 
segment (DPS) provisions of the Act and Congressional guidance, we, in 
conjunction with the National Marine Fisheries Service, published the 
Policy Regarding the Recognition of Distinct Vertebrate Population 
Segments (DPS Policy) in the Federal Register on February 7, 1996 (61 
FR 4722). Under the DPS policy, two basic elements are considered in 
the decision regarding the establishment of a population of a 
vertebrate species as a possible DPS. We must first determine whether 
the population qualifies as a DPS; this requires a finding that the 
population is both: (1) Discrete in relation to the remainder of the 
species to which it belongs; and (2) biologically and ecologically 
significant to the species to which it belongs. If the population meets 
the first two criteria under the DPS policy, we then proceed to the 
third element in the process, which is to evaluate the population 
segment's conservation status in relation to the Act's standards for 
listing as an endangered or threatened species. These three elements 
are applied similarly for additions to or removals from the Federal 
Lists of Endangered and Threatened Wildlife and Plants.
    In accordance with our DPS Policy, we detail our analysis of 
whether a vertebrate population segment under consideration for listing 
may qualify as a DPS. As described above, we first evaluate the 
population segment's discreteness from the remainder of the species to 
which it belongs. Under the DPS policy, a population segment of a 
vertebrate taxon may be considered discrete if it satisfies either one 
of the following conditions:
    (1) It is markedly separated from other populations of the same 
taxon as a

[[Page 62552]]

consequence of physical, physiological, ecological, or behavioral 
factors. Quantitative measures of genetic or morphological 
discontinuity may provide evidence of this separation.
    (2) It is delimited by international governmental boundaries within 
which differences in control of exploitation, management of habitat, 
conservation status, or regulatory mechanisms exist that are 
significant in light of section 4(a)(1)(D) of the Act.
    If a vertebrate population segment does not meet either of the 
DPS's criteria for discreteness, then no further analysis is necessary. 
However, if we determine that a vertebrate population segment is 
discrete under one or more of the conditions described in the Service's 
DPS policy, then we consider its biological and ecological significance 
to the larger taxon to which it belongs, in light of Congressional 
guidance (see Senate Report 151, 96th Congress, 1st Session) that the 
authority to list DPSs be used ``sparingly'' while encouraging the 
conservation of genetic diversity. In making this determination, we 
consider available scientific evidence of the discrete population 
segment's importance to the taxon to which it belongs. Because precise 
circumstances are likely to vary considerably from case to case, the 
DPS policy does not describe all the classes of information that might 
be used in determining the biological and ecological importance of a 
discrete population. However, the DPS policy describes four possible 
classes of information that provide evidence of a population segment's 
biological and ecological importance to the taxon to which it belongs. 
As specified in the DPS policy (61 FR 4722), this consideration of the 
population segment's significance may include, but is not limited to, 
the following:
    (1) Persistence of the discrete population segment in an ecological 
setting unusual or unique to the taxon;
    (2) Evidence that loss of the discrete population segment would 
result in a significant gap in the range of a taxon;
    (3) Evidence that the discrete population segment represents the 
only surviving natural occurrence of a taxon that may be more abundant 
elsewhere as an introduced population outside its historic range; or
    (4) Evidence that the discrete population segment differs markedly 
from other populations of the species in its genetic characteristics.
    A population segment needs to satisfy only one of these conditions 
to be considered significant. Furthermore, other information may be 
used as appropriate to provide evidence for significance.
    The petition asked us to: (1) List the black-footed albatross as 
endangered or threatened throughout its range; or (2) list the 
``Hawaiian breeding population'' of the black-footed albatross as a 
DPS, and (3) list the ``Japanese breeding population'' of the black-
footed albatross as a DPS. We have already addressed the entity 
identified in the first petition request (black-footed albatross 
throughout its range), above (see Finding). To address the second and 
third petition requests regarding DPSs, we first need to clearly define 
the geographic boundaries of the breeding populations, both the 
Hawaiian and the Japanese; this involves looking at the range-wide 
breeding population. Through this process we additionally considered 
whether the islands of San Benedicto and San Guadalupe in the eastern 
Pacific (Mexico) and Wake Island in the central Pacific (Marshall 
Islands) might be considered DPSs, since black-footed albatross have on 
occasion attempted to nest there. We determined that even though they 
would likely be considered geographically separate from both the 
Hawaiian and Japanese islands, neither Wake Atoll nor the islands in 
Mexico would be included in our DPS analysis because although 
infrequent attempts at breeding have been documented (Rice and Kenyon 
1962b, p. 379; Pitman and Ballance 2002, p. 13; Rauzon et al. 2008, pp. 
14-15; Henry 2007, pers. comm.; Arata et al. 2009, p. 39; Hebshi 2010, 
pers. comm.), there is no evidence that these islands support 
established populations of black-footed albatrosses and, therefore, 
they cannot be defined as a ``breeding population'' (see Species 
Biology, Breeding Populations) that might serve as the subject of a DPS 
evaluation.
    With the Hawaiian Islands and the Japanese Islands defined as two 
breeding population segments of black-footed albatross, we analyzed 
them separately to determine if they were ``discrete.'' If one or both 
of these population segments met any of the DPS policy criteria for 
discreteness, we next analyzed the population segment(s) to determine 
its significance to the taxon as a whole.

Definition of the Hawaiian Islands Population Segment of the Black-
Footed Albatross

    The Hawaiian Islands population segment encompasses the breeding 
range of the black-footed albatross within the Northwestern Hawaiian 
Islands (also known as the Leeward Islands), which are a group of small 
islands, atolls, and reefs in the northwest portion of the Hawaiian 
Islands archipelago, and the islands of Kaula (southwest of Niihau) and 
Lehua (north of Niihau) just off Kauai in the main Hawaiian Islands. 
The Northwestern Hawaiian Islands include Kure Atoll, Midway Atoll, 
Pearl and Hermes Reef, Lisianski Island, Laysan Island, French Frigate 
Shoals, Necker Island, Nihoa Island, Maro Reef, and the Gardner 
Pinnacles (Conant et al. 1984, pp. 378-379). Currently black-footed 
albatrosses breed on all of the Northwestern Hawaiian Islands (Naughton 
et al. 2007, p. 5), except the Gardner Pinnacles and Maro Reef. Less 
than 1 percent of the Hawaiian Islands population segment breeds on 
Kaula and Lehua islands. The best available information indicates the 
known historical breeding range (see Breeding Distribution) of black-
footed albatrosses in the Hawaiian Islands archipelago includes the 
same locations where they are currently found. Other islands where they 
were historically reported but may not have bred are Wake Atoll 
(Marshall Islands archipelago) and Johnston Atoll (Rice and Kenyon 
1962b, pp. 378-380; Naughton et al. 2007, p. 5).

Definition of the Japanese Islands Population Segment of the Black-
Footed Albatross

    The Japanese Islands population segment encompasses the breeding 
range of the black-footed albatross in the western Pacific, off the 
coast of Japan, and includes approximately 13 islands: Izu-Torishima 
Island (also known as Torishima, in the Izu Shoto Islands group); 9 
islands within the Ogasawara Islands group, and 3 islands within the 
Senkaku Islands group (Eda et al. 2008, p. 109) (see Breeding 
Distribution above). The best available information indicates the known 
historical breeding range of black-footed albatrosses in the western 
Pacific also included Agrihan and Pagan islands in the Commonwealth of 
the Northern Marianas Islands, 2 of the Kazan-retto islands (also known 
as the Volcano Islands), including Iwo Jima; the isolated Minami 
Torishima Island (Marcus Island); at least 11 islands within the 
Mukojima islands; 2 of the Hajajima Islands; Minamitori-shima Island; 
Nishino-shima Island within the Bonin Island group; and several islands 
within the Senkaku Island group (Chiba et al. 2007, p. 5; Kawakami et 
al. 2006, p. 187). We considered for our analysis the entire western 
Pacific island groups of Izu, Ogasawara, and Senkaku, which encompass 
the current known breeding range of black-footed albatrosses in the 
western Pacific.

[[Page 62553]]

Discreteness of the Hawaiian Islands Population Segment of the Black-
Footed Albatross

    The breeding population is markedly separated from other breeding 
populations as a consequence of either physical, physiological, 
ecological, or behavioral factors; quantitative measures of genetic or 
morphological discontinuity may provide evidence of this separation--
The Hawaiian breeding population of black-footed albatross is separated 
from the remainder of the species in the Japanese Islands by the 
approximately 2,500 mi (4,000 km) of ocean between Kure Atoll in the 
Northwestern Hawaiian Islands and the Hahajima Island cluster in the 
Ogasawara Islands in Japan. While this distance is well within the 
species' maximum estimated dispersal distance, the nesting site 
fidelity of the female albatross has effectively delimited the breeding 
range of the two populations. As previously described above (see 
Species Biology, Life History), female black-footed albatrosses have a 
high level of affinity to the nest site; over 99 percent of black-
footed albatross females breed on the island where they hatched and 
fledged (natal site) and establish their own nesting site nearby where 
they return annually (Rice and Kenyon 1962a, pp. 532-533). Furthermore, 
this behaviorally dictated reproductive isolation is strongly supported 
by genetic assessments of the population structure among black-footed 
albatrosses from three islands in the Hawaiian Islands and from the 
Japanese islands of Izu-Torishima (Walsh and Edwards 2005, p. 292; Eda 
et al. 2008, p.110) and two of the Ogasawara Islands (Eda et al. 2008, 
p. 110). In these combined assessments it was found that the Hawaiian 
population is widely divergent from the Japanese population, 
representing four unique haplotypes out of nine known haplotypes, which 
is an indicator of long isolation (Eda et al. 2008, pp. 112-115; 
Chambers 2010, pers. comm.). Furthermore, these results are indicative 
that the species has been undergoing this divergence for several 
hundred millennia (Eda et al. 2008, p. 114-115). Thus, not only is the 
Hawaiian population spatially separated from the remainder of the taxon 
in Japan, it also has been temporally separated as indicated through 
unique haplotypes.

Discreteness Summary for the Hawaiian Islands Population of the Black-
Footed Albatross

    Our DPS policy states that a population segment of a vertebrate 
species may be considered discrete if it is markedly separated from 
other populations of the same taxon as a consequence of physical, 
physiological, ecological, or behavioral factors. We find that the 
Hawaiian Islands population segment of the black-footed albatross is 
reproductively isolated from the remainder of the taxon in Japan as a 
result of: (1) The strong behavioral tendencies of black-footed 
albatross adult females to return to breed near their natal site and to 
return to an established nesting site in subsequent years; (2) the 
physical separation of approximately 2,500 mi (4,000 km) of ocean 
separating the two breeding populations, which further enforces the 
behavioral separation, and thus ensures that they breed within a 
localized geographic area of the Hawaiian Islands; and (3) the genetic 
uniqueness of the Hawaiian Islands population, which underscores both 
the spatial and temporal separation of this population from the 
remainder of the taxon in Japan.
    We did not examine the second discreteness criterion, 
``Delimitation by international governmental boundaries within which 
differences in control of exploitation, management of habitat, 
conservation status, or regulatory mechanisms exist that are 
significant with regard to conservation of the taxon,'' because 
although the species is delimited by international governmental 
boundaries, it was not necessary to further pursue this line of 
analysis, as discreteness of the Hawaiian Islands breeding population 
of the black-footed albatross is already determined through a ``marked 
separation'' of the population from the remainder of the taxon.

Significance of the Hawaiian Islands Population Segment of the Black-
footed Albatross

    Having determined that the Hawaiian Islands population of the 
black-footed albatross meets the discreteness criterion for a DPS, our 
DPS policy directs us to consider scientific evidence of the biological 
and ecological importance of this discrete population to the remainder 
of the taxon to which it belongs. In this case, we evaluate the 
biological and ecological significance of the Hawaiian Islands 
population segment of black-footed albatrosses relative to the taxon as 
a whole, which includes the breeding population of the taxon in Japan. 
A discrete population is considered significant under the DPS policy if 
it meets one of the four elements identified in the policy under 
significance, or can otherwise be reasonably justified as being 
significant. Here we evaluate the four potential factors suggested by 
our DPS policy in evaluating significance.
(1) Persistence of the Discrete Population Segment in an Ecological 
Setting That Is Unusual or Unique for the Taxon
    In considering whether the population occupies an ecological 
setting that is unusual or unique for the taxon, we evaluate whether 
the habitat includes unique features not used by the taxon elsewhere in 
its range and whether the habitat shares many features common to the 
habitats of other populations within the range of the taxon.
    The small islands, atolls, and reefs of the Northwestern Hawaiian 
Islands, and Lehua and Kaula islands, where the Hawaii population of 
the black-footed albatross breeds, can be characterized as primarily 
low-elevation volcanic islands, reefs and atolls, some having sheer-
faced cliffs and others sloping to the ocean (Rice and Kenyon 1962b, 
pp. 369-377). All support only sparse coastal scrub or grassy 
vegetation on a sandy or volcanic soil substrate (Cousins and Cooper 
2000, p. 5; Awkerman et al. 2008, p. 20; Arata et al. 2009, p. 10). The 
remainder of the taxon in Japan breeds on volcanic islands (Torishima 
Island and the Ogasawara Islands) (Naughton et al. 2007, p. 5) and on 
nonvolcanic islands (the Senkaku Islands) (Naughton et al. 2007, p. 5), 
but not on atolls or reefs as these land forms are likely nonexistent 
in the western Pacific. Most of the best available information 
describes the nesting characteristics of the taxon in the Hawaiian 
Islands; very little information is available detailing the nesting 
characteristics for the remainder of the taxon in Japan. However, based 
on the best available scientific information, we have determined that 
the habitat for the Hawaiian Islands population does not represent an 
ecological setting that is unusual or unique relative to the habitat 
available throughout the entire taxon's range. We have no evidence to 
suggest that black-footed albatrosses nesting in the Hawaiian Islands 
utilize habitat with distinctly different physical characteristics from 
that used by black-footed albatrosses in Japan, aside from a difference 
in elevation. Black-footed albatrosses nesting in the Japanese Islands 
appear to utilize habitat with similar physical structure as black-
footed albatrosses in the Hawaiian Islands. In general, nests are a 
depression in a sandy or volcanic ash substrate, surrounded by a rim of 
sand or volcanic soil (Arata et al. 2009, p. 10); in the Japanese 
Islands where there are no sandy beaches the nests are high

[[Page 62554]]

upslope, whereas in the Hawaiian Islands nests are most often located 
on exposed beaches at the beginning of the vegetation line (Cousins and 
Cooper 2000, p. 5; Awkerman et al. 2008, p. 20; Arata et al. 2009, p. 
10).
    Based upon limited information to differentiate the foraging habits 
of the Hawaiian Islands population (Fernandez et al. 2001, p. 4; 
Awkerman et al. 2008, p. 14) from the remainder of the taxon in Japan 
(Kawakami et al. 2006, pp. 189-190), it appears that the foraging 
habits of breeding black-footed albatrosses in the Hawaiian Islands are 
similar to the taxon as a whole. Breeding birds tend to forage close to 
breeding islands while chicks are young and require continuous feeding 
and then take longer foraging trips as chicks get older (Hyrenbach et 
al. 2002, pp. 289-294; Kawakami et al. 2006, pp. 189-190). During the 
nonbreeding season, birds from both geographic areas forage throughout 
the north Pacific (Hyrenbach et al. 2002, p. 298). Given the available 
information on the diversity and extent of ecological settings of the 
black-footed albatross in the remainder of its range in Japan, we 
conclude that the discrete population of black-footed albatross in the 
Hawaiian Islands is not ``significant'' within the meaning of the DPS 
policy as a result of persistence in a unique or unusual ecological 
setting.
(2) Loss of the Population Segment Would Result in a Significant Gap in 
the Range of the Taxon
    Loss of the Hawaiian Islands population segment of the black-footed 
albatross, when considered in relation to the taxon as a whole, would 
mean the loss of the great majority of the entire breeding range of the 
taxon. The Hawaiian Islands' black-footed albatross population 
comprises approximately 95 percent of the current breeding population 
of the species as a whole. In addition, assessments of genetic 
divergence between the birds from Hawaii and birds from Japan provide 
evidence of four haplotypes, out of nine haplotypes known, which are 
unique to the Hawaiian Islands population (Eda et al. 2008, p. 112-
114). Such divergence in a species of bird suggests reproductive 
isolation over several hundred millennia with only rare movements of 
females between the Hawaiian and Japanese islands (Eda et al. 2008, p. 
114; Chambers 2010, pers. comm.). It follows that, should a catastrophe 
decimate the Hawaiian population segment, the likelihood that 
repopulation of the Hawaiian islands would be aided (i.e., ``rescued'') 
by birds from the remainder of the taxon in Japan would be remote due 
to the combined deterrents of the 2,500 mi (4,000 km) distance between 
the two population segments and the inherent site fidelity of the 
entire taxon, which together limit the occurrence of successful 
colonization events.
    Nonetheless, there is biological value in maintaining the 
redundancy provided by two geographically discrete population segments 
in the event that either is catastrophically decimated, as the 
remaining population would represent the sole possible source for 
recolonization. The loss of the Hawaiian Islands population of black-
footed albatross would: (1) Reduce the genetic diversity of the 
remainder of the taxon by almost 50 percent (see details under (4), 
below); (2) reduce the breeding population of the entire species by 95 
percent; (3) reduce the breeding range of the taxon geographically to 
the islands off the coast of Japan; and (4) eliminate any taxonomic 
redundancy that could be imperative to the maintenance of the species 
in the event of a catastrophe. Therefore, we find that the gap in the 
range resulting from the loss of the black-footed albatross breeding 
population in the Hawaiian Islands would be significant to the taxon as 
a whole.
(3) Evidence That the Discrete Population Segment Represents the Only 
Surviving Natural Occurrence of a Taxon That May Be More Abundant 
Elsewhere as an Introduced Population Outside Its Historical Range
    The Hawaiian Islands population does not represent the only 
surviving natural occurrence of the black-footed albatross throughout 
the range of the taxon; therefore, we conclude that the discrete 
population of the black-footed albatross in the Hawaiian Islands does 
not meet the significance criterion of the DPS policy based on this 
factor.
(4) Evidence That the Discrete Population Segment Differs Markedly from 
Other Populations of the Species in Its Genetic Characteristics
    The genetic structure of the black-footed albatross was assessed in 
two separate analyses (Walsh and Edwards 2005, pp. 289-295; Eda et al. 
2008, 109-116). Through these analyses it was determined that the 
Hawaiian Islands breeding population is genetically differentiated from 
the remainder of the taxon in Japan (Walsh and Edwards 2005, pp. 291-
292; Eda et al. 2008, 112-115; Chambers 2010, pers. comm.). Of the nine 
known haplotypes described, four were found to be unique to the 
Hawaiian Islands population (H2, H3, H4, H5), and a fifth (H1) was 
nearly unique (Eda et al. 2008, 112-115). Although these haplotypes 
occur at low frequencies, they are nonetheless indicators of long 
isolation between the Hawaiian Islands population and the remainder of 
the taxon in Japan, and their loss would mean a significant reduction 
of almost 50 percent of the total known genetic diversity of the taxon 
as a whole (Chambers 2010, pers. comm.). We find, therefore, that the 
Hawaiian Islands breeding population differs markedly from the rest of 
the taxon because there are genetic characteristics present in this 
population that are not observed in the remainder of the taxon in 
Japan.

Significance Summary

    We find the discrete population segment of black-footed albatross 
that occurs in the Hawaiian Islands is significant to the species as a 
whole. The significance of this population segment is based on a 
positive finding for two of the factors described in our DPS policy for 
determining significance. In our analysis of the significance 
criterion, ``Evidence that the loss of the population segment would 
result in a significant gap in the range of the taxon,'' we determined 
that, as a consequence of breeding site fidelity combined with the 
2,500 mi (4,000 km) separation between the Hawaiian Islands and the 
Japanese Islands, the discrete population of the black-footed albatross 
in the Hawaiian Islands was reproductively isolated from the remainder 
of the taxon in Japan. The significance of this reproductive isolation 
was supported by evidence that unique haplotypes represented in the 
Hawaiian Islands population are a consequence of a long-term separation 
from the remainder of the taxon in Japan. Furthermore, the discrete 
population segment of the Hawaiian Islands represents 95 percent of the 
current breeding population. Thus, loss of the Hawaiian Islands 
discrete population segment would represent a loss of a reproductively 
isolated population representing a significant majority of the 
rangewide breeding population and would, therefore, result in a 
significant gap in the range of taxon.
    We also found a positive determination for the significance factor, 
``Evidence that the discrete population segment differs markedly from 
other populations of the species in its genetic characteristics,'' 
based on the results of two analyses that assessed the genetic 
divergence of the Hawaiian and Japanese islands populations. Together 
these analyses determined that the Hawaiian Islands discrete population 
of

[[Page 62555]]

the black-footed albatross was genetically divergent from the remainder 
of the taxon in Japan through unique haplotypes representing almost 50 
percent of the genetic diversity of the species. Because we have 
determined that extirpation of the Hawaiian Islands population segment 
would result in the loss of unique genetic characteristics within the 
taxon, we conclude that the Hawaiian Islands population segment differs 
markedly from other populations of the species in its genetic 
characteristics.
DPS Conclusion for the Hawaiian Islands Population Segment of the 
Black-footed Albatross
    Our DPS policy directs us to evaluate the significance of a 
discrete population in the context of its biological and ecological 
significance to the remainder of the species to which it belongs. Based 
on an analysis of the best available scientific and commercial data, we 
conclude that the Hawaiian Islands population segment of the black-
footed albatross is discrete due to reproductive isolation as a result 
of spatial and temporal separation from the remainder of the taxon. 
Furthermore, we conclude that the Hawaiian Islands discrete population 
segment of the black-footed albatross is significant because it meets 
the following criteria to establish significance in the DPS policy: (1) 
The loss of this breeding population would mean the loss of a large 
portion of the geographic range and reproductive proportion of the 
entire breeding range of the taxon, resulting in a significant gap in 
the range of the species; and (2) this population differs markedly from 
the rest of the species because there are genetic characteristics 
present in this population that are not observed in the remainder of 
the taxon. Therefore, we conclude that the Hawaiian Islands population 
of the black-footed albatross is both discrete and significant under 
our DPS policy and is, therefore, a listable entity under the Act.

Discreteness of the Japanese Islands Population Segment of the Black-
footed Albatross

    The breeding population is markedly separated from other breeding 
populations as a consequence of either physical, physiological, 
ecological, or behavioral factors; quantitative measures of genetic or 
morphological discontinuity may provide evidence of this separation--
The Japanese breeding population of black-footed albatross is separated 
from the remainder of the species in the Hawaiian Islands by the 
approximately 2,500 mi (4,000 km) of ocean between the Hahajima Island 
cluster in the Ogasawara Islands in Japan and Kure Atoll in the 
Northwestern Hawaiian Islands. While this distance is well within the 
species' maximum estimated dispersal distance, the nesting site 
fidelity of the female albatross has effectively delimited the breeding 
range of the two populations. As previously described above (see 
Species Biology, Life History), female black-footed albatrosses have a 
high level of affinity to the nest site; over 99 percent of black-
footed albatross females breed on the island where they hatched and 
fledged (natal site) and establish their own nesting site nearby where 
they return annually (Rice and Kenyon 1962a, pp. 532-533). Furthermore, 
this behaviorally dictated reproductive isolation is strongly supported 
by genetic assessments of the population structure among black-footed 
albatrosses from three islands in the Hawaiian Islands and from the 
Japanese Islands of Torishima (Walsh and Edwards 2005, p. 292; Eda et 
al. 2008, p.110) and two of the Ogasawara Islands (Eda et al. 2008, p. 
110). In these combined assessments it was found that the Japanese 
population is widely divergent from the Hawaiian population, 
representing three unique haplotypes out of nine known haplotypes, 
which is an indicator of long reproductive isolation (Eda et al. 2008, 
pp. 112-115; Chambers 2010, pers. comm.). Furthermore, these results 
are indicative that the species has been undergoing this divergence for 
several hundred millennia (Eda et al. 2008, pp. 114-115). Thus, not 
only is the Japanese population spatially separated from the remainder 
of the taxon, it also has been temporally separated as indicated 
through unique haplotypes.

Discreteness Summary for the Japanese Population of the Black-footed 
Albatross

    Our DPS policy states that a population segment of a vertebrate 
species may be considered discrete if it is markedly separated from 
other populations of the same taxon as a consequence of physical, 
physiological, ecological, or behavioral factors. We find that the 
Japanese Islands population segment of the black-footed albatross is 
reproductively isolated from the remainder of the taxon in the Hawaiian 
Islands as a result of: (1) The strong behavioral tendencies of black-
footed albatross adult females to return to breed near their natal site 
and to return to an established nesting site in subsequent years; (2) 
the physical separation of approximately 2,500 miles (4,000 km) of 
ocean separating the two breeding populations which further enforces 
the behavioral separation and thus ensures that they breed within a 
localized geographic area of the Hawaiian Islands; and (3) the genetic 
uniqueness of the Japanese population, which underscores both the 
spatial and temporal separation of this population from the remainder 
of the taxon in the Hawaiian Islands.
    We did not examine the second discreteness criterion, 
``Delimitation by international governmental boundaries within which 
differences in control of exploitation, management of habitat, 
conservation status, or regulatory mechanisms exist that are 
significant with regard to conservation of the taxon,'' because, 
although the species is delimited by international governmental 
boundaries, it was not necessary to further pursue this line of 
analysis as discreteness of the Japanese breeding population of the 
black-footed albatross was already determined through a ``marked 
separation'' of the population from the remainder of the taxon.

Significance of the Japanese Population Segment of the Black-footed 
Albatross

    Having determined that the Japanese population segment of the 
black-footed albatross meets the discreteness criterion for a DPS, our 
DPS policy directs us to consider scientific evidence of the biological 
and ecological importance of this discrete population to the remainder 
of the taxon to which it belongs. In this case, we evaluate the 
biological and ecological significance of the Japanese population 
segment of black-footed albatrosses relative to the taxon as a whole, 
which includes the breeding population of the taxon in the Hawaiian 
Islands. A discrete population is considered significant under the DPS 
policy if it meets one of the four elements identified in the policy 
under significance, or can otherwise be reasonably justified as being 
significant. Here we evaluate the four potential factors suggested by 
our DPS policy in evaluating significance.
(1) Persistence of the Discrete Population Segment in an Ecological 
Setting That Is Unusual or Unique for the Taxon
    In considering whether the population occupies an ecological 
setting that is unusual or unique for the taxon, we evaluate whether 
the habitat includes unique features not used by the taxon elsewhere in 
its range and whether the habitat shares many features common to the 
habitats of other populations within the range of the taxon.
    The island groupings in the western Pacific where the Japanese 
population of the black-footed albatross breeds can be characterized as 
volcanic (Torishima

[[Page 62556]]

Island and the Ogasawara Islands) (Naughton et al. 2007, p. 5) and 
nonvolcanic (Senkaku Islands) (Naughton et al. 2007, p. 5). The 
Northwestern Hawaiian Islands where the remainder of the taxon breeds 
is predominantly characterized by reefs and atolls, some having sheer-
faced cliffs and others sloping to the ocean (Rice and Kenyon 1962b, 
pp. 369-377). Most of the best available information describes the 
nesting characteristics of the taxon in the Hawaiian population; we 
acknowledge that very little information is available detailing the 
nesting characteristics in the Japan population. However, based on the 
best available scientific information, we have determined that the 
habitat for the Japanese population segment does not represent an 
ecological setting that is unusual or unique relative to the habitat 
available throughout the entire taxon's range. Black-footed albatrosses 
nesting in the Japanese Islands appear to utilize habitat with similar 
physical structure as black-footed albatrosses in the Hawaiian Islands. 
In general, nests are a depression in a sandy or volcanic ash 
substrate, surrounded by a rim of sand or volcanic soil (Rice and 
Kenyon 1962a, 536-537; Arata et al. 2009, p. 10). Although black-footed 
albatrosses nest on high open slopes on the steep, rocky Japanese 
Islands where sandy beaches are not available, we have no evidence to 
suggest that this difference in physical location of nests on high 
elevation slopes is ecologically significant to the taxon as whole.
    Based upon limited information to differentiate the foraging habits 
of the Japanese population (Kawakami et al. 2006, pp. 189-190) from the 
remainder of the taxon in the Hawaiian Islands (Fernandez et al. 2001, 
p. 4; Awkerman et al. 2008, p. 14), it appears that the foraging habits 
of breeding black-footed albatrosses in Japan are similar to the taxon 
as a whole. Breeding birds tend to forage close to breeding islands 
while chicks are young and require continuous feeding and then take 
longer foraging trips as chicks get older (Kawakami et al. 2006, pp. 
189-190; Hyrenbach et al. 2002, pp. 289-294). During the nonbreeding 
season, birds from both population localities forage throughout the 
north Pacific (Hyrenbach et al. 2002, p. 298). Given the available 
information on the diversity and extent of ecological settings of 
black-footed albatrosses in the remainder of its range in the Hawaiian 
Islands, we conclude that the discrete population of black-footed 
albatross in Japan is not ``significant'' within the meaning of the DPS 
policy as a result of persistence in a unique or unusual ecological 
setting.
(2) Loss of the Population Segment Would Result in a Significant Gap in 
the Range of the Taxon
    Loss of the black-footed albatross breeding population in the 
Japanese Islands, when considered in relation to black-footed 
albatrosses breeding in the Hawaiian Islands, would mean the loss of a 
proportionally small geographic area that holds approximately 5 percent 
of the entire breeding population of the taxon. Regardless of the 
proportional size of such a loss, the Japanese Islands population 
represents an important segment of the representative historical range 
of the taxon; loss of the breeding population in the Japanese Islands 
would mean the loss of the entire western Pacific breeding range of the 
species. The Japanese Islands population additionally provides an 
important measure of redundancy for the taxon as a whole. Loss of the 
Japanese Islands breeding population of black-footed albatross would 
reduce the remainder of the taxon to a single concentration of nesting 
islands in the central Pacific. Since only two breeding populations 
comprise the entire range of the species, each could be critical as a 
source of potential recolonization should the other population be lost 
(for example, to a severe epizootic).
    Assessments of genetic divergence between the birds from Japan and 
birds from the Hawaiian Islands provide evidence of three haplotypes 
out of nine known haplotypes that are unique to the Japanese population 
and another haplotype that is nearly unique to Japan (Eda et al. 2008, 
pp. 112-114). Such genetic divergence in a species of bird suggests 
reproductive isolation over several hundred millennia with only rare 
movements of females between the Japanese and Hawaiian islands (Eda et 
al. 2008, p. 114; Chambers 2010, pers. comm.). Even though the Japanese 
Islands population does not contain the full genetic representation of 
the taxon rangewide, it is the only other population of the taxon that 
wildlife managers could use to repopulate the Hawaiian Islands 
population should that population be imperiled by a catastrophic event.
    In summary, the loss of the Japanese population of black-footed 
albatross, therefore, would: (1) Reduce the genetic diversity of the 
remainder of the taxon by almost 45 percent (see (4), below; (2) reduce 
the breeding range of the taxon geographically to only the Hawaiian 
Islands, and eliminate the only other population representative of the 
historical range of the species; and (3) eliminate any biological 
redundancy that could be imperative to the maintenance of the species 
in the event of a catastrophe. Therefore, we find that the gap in the 
range resulting from the loss of the black-footed albatross breeding 
population in Japan would be significant to the taxon as a whole.
(3) Evidence That the Discrete Population Segment Represents the Only 
Surviving Natural Occurrence of a Taxon That May Be More Abundant 
Elsewhere as an Introduced Population Outside Its Historical Range
    Because the population in Japan does not represent the only 
surviving natural occurrence of the black-footed albatross throughout 
the range of the taxon, we conclude that the discrete population of the 
black-footed albatross in Japan does not meet the significance 
criterion of the DPS policy based on this factor.
(4) Evidence That the Discrete Population Segment Differs Markedly from 
Other Populations of the Species in Its Genetic Characteristics
    The genetic structure of the black-footed albatross was assessed in 
two separate analyses (Walsh and Edwards 2005, pp. 289-295; Eda et al. 
2008, 109-116). Through these analyses it was determined that the 
Japanese breeding population is genetically differentiated from the 
taxon in the Hawaiian Islands (Walsh and Edwards 2005, pp. 291-292; Eda 
et al. 2008, 112-115; Chambers 2010, pers. comm.). Of the nine known 
haplotypes described, three were found to be unique to the Japanese 
Islands population (J2, J3, J4), and a fourth (J1) was nearly unique 
(Eda et al. 2008, 112-115). Although these haplotypes occur at low 
frequencies, they are nonetheless indicators of long isolation between 
the population in Japan and the remainder of the taxon in the Hawaiian 
Islands, and the loss of the Japanese population would mean a 
significant reduction of almost 45 percent of the total genetic 
diversity of the taxon as a whole (Chambers 2010, pers. comm.). We 
find, therefore, that the breeding population in Japan differs markedly 
from the rest of the taxon because there are genetic characteristics 
present in this population that are not observed in the remainder of 
the taxon in the Hawaiian Islands.

Significance Summary

    We find that the discrete population segment of black-footed 
albatross that occurs in Japan is significant to the species as a 
whole. The significance of this population segment is based on a 
positive finding for two of the factors described in our DPS policy for

[[Page 62557]]

determining significance. In our analysis of the significance 
criterion, ``Evidence that the loss of the population segment would 
result in a significant gap in the range of the taxon,'' we determined 
that loss of the Japanese breeding population would result in a 
significant gap in the range of the taxon because it would: (1) Reduce 
the genetic diversity of the remainder of the taxon by almost 45 
percent; (2) reduce the breeding range of the taxon geographically to 
only the Hawaiian Islands, and eliminate the only other population 
representative of the historical range of the species; and (3) 
eliminate any biological redundancy that could be imperative to the 
maintenance of the species in the event of a catastrophe. We also made 
a positive determination for the significance factor ``Evidence that 
the discrete population segment differs markedly from other populations 
of the species in its genetic characteristics'' based on the results of 
two analyses that assessed the genetic divergence of the Japanese and 
Hawaiian islands populations. Together these analyses determined that 
the Japanese Islands population of the black-footed albatross was 
genetically divergent from the remainder of the taxon in the Hawaiian 
Islands through unique haplotypes representing almost 45 percent of the 
genetic diversity of the species. We have determined that extirpation 
of the Japanese Islands population segment would result in the loss of 
unique genetic characteristics within the taxon; therefore, we conclude 
that the Japanese Islands population segment differs markedly from 
other populations of the species in its genetic characteristics.
DPS Conclusion for the Japanese Population Segment of the Black-footed 
Albatross
    Our DPS policy directs us to evaluate the significance of a 
discrete population in the context of its biological and ecological 
significance to the remainder of the species to which it belongs. Based 
on an analysis of the best available scientific and commercial data, we 
conclude that the Japanese Islands population segment of the black-
footed albatross is discrete due to reproductive isolation as a result 
of spatial and temporal separation from the remainder of the taxon. 
Furthermore, we conclude that the Japanese Islands discrete population 
segment of the black-footed albatross is significant because it meets 
the following criteria established in the DPS policy: (1) The loss of 
this breeding population would mean the loss of the only other 
population representative of the historical breeding range of the 
taxon, nearly half the known genetic diversity of the species, and 
potentially important biological redundancy for the taxon, resulting in 
a significant gap in the range of the species; and (2) this population 
differs markedly from the rest of the species because there are genetic 
characteristics present in this population that are not observed in the 
remainder of the taxon. Therefore, we conclude that the Japanese 
Islands population is both discrete and significant under our DPS 
policy and is, therefore, a listable entity under the Act.
Summary of DPS Analyses
    Based on our DPS policy (61 FR 4722; February 7, 1996), if a 
population segment of a vertebrate species is both discrete and 
significant relative to the taxon as a whole (i.e., it is a distinct 
population segment), its evaluation for endangered or threatened status 
will be based on the Act's definition of those terms and a review of 
the factors enumerated in section 4(a) of the Act. Having found that 
the Hawaiian Islands and Japanese Islands breeding populations of the 
black-footed albatross each meet the definition of a distinct 
population segment, we now evaluate the status of each of these 
populations separately to determine whether either meets the definition 
of endangered or threatened under the Act.

Summary of Factors Affecting the Hawaiian Islands DPS

    The Act establishes five categories of threat that, either singly 
or in combination, indicate a DPS may be threatened or endangered. The 
five listing factors that must be considered are: (A) Present or 
threatened destruction, modification, or curtailment of its habitat or 
range; (B) overutilization for commercial, recreational, scientific, or 
educational purposes; (C) disease or predation; (D) the inadequacy of 
existing regulatory mechanisms; or (E) other natural or manmade factors 
affecting its continued existence.
    We have already completed a comprehensive status review of the 
black-footed albatross across the range of the species. In this case, 
the entire range of the species is composed of two breeding 
populations, that in the Hawaiian Islands and that in the Japanese 
Islands. In our rangewide assessment of the status of the black-footed 
albatross, wherever possible we differentiated between threats acting 
on the breeding populations in the Hawaiian Islands and threats acting 
on the breeding populations in the Japanese Islands, and reached 
separate conclusions as to the significance of those threats for each 
of these populations. To avoid repetition, here we incorporate by 
reference the threats analysis specific to the Hawaiian Islands 
breeding population of the black-footed albatross conducted earlier in 
this document, and specifically note if any circumstances specific to 
the breeding population in the Hawaiian Islands differs from the 
earlier analysis. Otherwise, we present only our conclusion for each of 
the threat factors considered, and refer the reader to the rangewide 
status assessment, above, for the detailed analysis supporting each 
conclusion (see Summary of Factors Affecting the Species Throughout Its 
Range).

Factor A. The Present or Threatened Destruction, Modification, or 
Curtailment of Its Habitat or Range

    In our rangewide evaluation of threats facing the black-footed 
albatross, we evaluated the following potential factors as they affect 
the habitat or range of the Hawaiian Islands breeding population (now 
DPS) of the black-footed albatross: military activities; volcanic 
activity; natural gas exploration; invasive plant species; and effects 
related to climate change, including sea level rise, coastal and wave 
inundation events, changes in tropical storm frequency or intensity, 
changes in ENSO and PDO events resulting in reduced marine 
productivity, and increased ambient temperatures. We have no additional 
information unique to the Hawaiian Islands DPS of the black-footed 
albatross. Therefore, based on our assessment of the best scientific 
and commercial data available, as detailed in our rangewide assessment 
of Factor A, above (Summary of Factors Affecting the Species Throughout 
Its Range), we conclude that the Hawaiian Islands DPS of the black-
footed albatross is not threatened by the present or threatened 
destruction, or modification, or curtailment of its habitat or range.

Factor B. Overutilization for Commercial, Recreational, Scientific, or 
Educational Purposes

    We are not aware of any information indicating that overutilization 
of black-footed albatrosses for commercial, scientific, or educational 
purposes threatens this species, and have no additional information 
unique to the Hawaiian Islands DPS of the black-footed albatross. 
Therefore, based on our assessment of the best scientific and 
commercial data available, as detailed in our rangewide assessment of 
Factor B, above (Summary of Factors Affecting the Species Throughout 
Its Range), we conclude that overutilization for

[[Page 62558]]

commercial, recreational, scientific, or educational purposes is not a 
significant threat to Hawaiian Islands DPS of the black-footed 
albatross.

Factor C. Disease or Predation

    Our analysis of the potential threat posed by avian pox, avian 
cholera, west Nile Virus, and H5N1 is detailed under the section titled 
Disease in our rangewide assessment of Factor C, above. Our analysis of 
the potential threat posed by predation by rats and sharks is detailed 
under the section titled Predation in our rangewide assessment of 
Factor C, above. The rangewide assessment specifically addresses the 
Hawaiian Islands breeding population, and we have no additional 
information unique to the Hawaiian Islands DPS of the black-footed 
albatross. Therefore, based on our assessment of the best scientific 
and commercial data available, as summarized here and detailed in our 
rangewide assessment of Factor C, above (Summary of Factors Affecting 
the Species Throughout Its Range), we conclude the Hawaiian Islands DPS 
of the black-footed albatross is not threatened by disease or 
predation.

Factor D. The Inadequacy of Existing Regulatory Mechanisms

    To determine whether the DPS may be threatened as a result of the 
inadequacy of existing regulatory mechanisms, we reviewed existing 
international and U.S. conventions, agreements, and laws for the 
specific protection of black-footed albatrosses or their marine and 
terrestrial habitats in the countries where they forage, migrate, and 
breed. In our comprehensive evaluation of Factor D under the rangewide 
threats assessment for the black-footed albatross, above (Summary of 
Factors Affecting the Species Throughout Its Range), we discuss the 
protection status of the black-footed albatross and its marine and 
terrestrial habitat at international, national, and regional levels, 
followed by a discussion of international and national fisheries 
regulations that are designed to reduce and monitor seabird bycatch 
from fisheries operations, and specifically evaluate the threat posed 
to the Hawaiian Island breeding population of the species.
    We conclude that the Hawaiian Islands DPS of the black-footed 
albatross is not significantly threatened by the Hawaii-based shallow-
set longline fishery, the Alaska-based demersal longline groundfish 
fishery, or the California, Oregon, and Washington groundfish, Pacific 
hake, and pelagic longline fisheries. We cannot definitively determine 
the extent and quantify the impact of other Alaska-based demersal 
longline fisheries; other (nonpelagic) longline fisheries based in 
California, Oregon, and Washington; coastal purse seine and troll 
fisheries based in the United States; Canadian-based longline 
fisheries; and longline fisheries based in Japan, Taiwan, China, Korea, 
Russia, and Mexico. We have no additional information unique to the 
Hawaiian Islands DPS of the black-footed albatross. Therefore, based on 
our assessment of the best scientific and commercial data available, as 
detailed in our rangewide assessment of Factor D, above (Summary of 
Factors Affecting the Species Throughout Its Range), we conclude that 
the Hawaiian Islands DPS of the black-footed albatross is not 
threatened by the inadequacy of existing regulatory mechanisms.
    We are mindful of the potential impacts that these fisheries could 
have on the Hawaiian Islands DPS of the black-footed albatross. 
Furthermore, we acknowledge that many of the current protective 
agreements are voluntary in nature, and that bycatch mitigation 
measures may be lacking in international fleets. Although regulatory 
mechanisms are thus not as strong or comprehensive as they potentially 
might be, the present status of the black-footed albatross, with 
populations collectively stable in the Hawaiian Islands and expected to 
remain so or even increase into the future (Arata et al. 2009, p. 51; 
ACAP 2010, p. 4), indicates that the DPS is not at risk at a population 
level as a result of any inadequacy in regulatory mechanisms in place 
respecting fisheries bycatch.

Factor E. Other Natural or Manmade Factors Affecting its Continued 
Existence

    In our discussion of Factor E under the rangewide threats 
assessment for the black-footed albatross, above (Summary of Factors 
Affecting the Species Throughout Its Range), we detail our evaluation 
of the potential threat to the Hawaiian Islands breeding population 
posed by several sources of contamination, including organochlorines 
(e.g., polychlorinated biphenyls (PCBs), dichloro-diphenyl 
trichloroethane (DDT)), ingestion of plastics, and oil spills. We 
additionally evaluated the potential threat posed to the black-footed 
albatross by collisions with airplanes. We have no additional 
information unique to the Hawaiian Islands DPS of the black-footed 
albatross. Therefore, based on the best available scientific and 
commercial data, and as detailed in our rangewide assessment of Factor 
E, above (see Summary of Threats Affecting the Species Throughout Its 
Range), we find that other natural or manmade factors do not 
significantly threaten the black-footed albatross in the Hawaiian 
Islands DPS. However, we further conclude that continued research and 
monitoring is important in the detection of potential future effects.

Finding for the Hawaiian Islands DPS

    We assessed the best available scientific and commercial data 
regarding the threats facing the Hawaiian Islands DPS of the black-
footed albatross. We reviewed numerous information sources including 
literature cited in the petition, information in our files, information 
submitted to us following our 90-day petition finding (72 FR 57278; 
October 9, 2007) and the second information solicitation period (74 FR 
43092; August 26, 2009), and consulted with recognized albatross 
experts and other Federal, State, and local resource agencies related 
to potential threats to the black-footed albatross and its marine and 
terrestrial habitat. Such potential threats include: historical habitat 
modification; invasive species; effects from climate change including 
sea level rise, coastal and wave inundation events, changes in tropical 
storm frequency and intensity, changes in food availability, and 
increases in ambient temperature; overutilization; disease and 
predation; bycatch in fisheries; contamination by PCBs and other 
pollutants; plastic ingestion; oil spills; and collisions with 
aircraft. To determine whether these risk factors individually or 
collectively put the DPS in danger of extinction throughout its range, 
or are likely to do so within the foreseeable future, we first 
considered whether the factors were causing a population decline, or 
were likely to do so within the foreseeable future.
    We subjected all potential threats to the black-footed albatross to 
a comprehensive assessment under our rangewide evaluation of the 
species, above, in the section titled Summary of Threats Affecting the 
Species Throughout its Range. Since the species throughout its range is 
composed collectively of only two breeding populations, that in the 
Hawaiian Islands and that in the Japanese Islands, our rangewide 
assessment included a full evaluation of the threats to each of these 
two breeding populations as well. To avoid repetition in our assessment 
of the Hawaiian Islands DPS, we incorporated by reference the detailed 
threats assessments conducted under the rangewide analysis, above, and 
present here only our conclusions for

[[Page 62559]]

each of those threats specific to the Hawaiian Islands DPS of the 
black-footed albatross.
    On the basis of our status review, we conclude that the listing of 
the Hawaiian Islands DPS of the black-footed albatross is not warranted 
at this time. Our standard for determining whether listing is warranted 
is whether a species (including a DPS) is presently in danger of 
extinction throughout all or a significant portion of its range 
(endangered) or is likely to become an endangered species within the 
foreseeable future throughout all or a significant portion of its range 
(threatened). We acknowledge that the black-footed albatross faces a 
variety of threats, and that some of these threats have had significant 
impacts on the species in the past. However, our status review 
indicates that the black-footed albatross population in the Hawaiian 
Islands is presently stable and under current conditions may even 
increase in size over the next 60 years (Arata et al. 2009, pp. 50-51; 
ACAP 2010, p. 5), suggesting that these past threats are no longer 
significantly affecting the species. At this time our evaluation of the 
best available scientific and commercial data does not suggest that the 
threats acting on the species, either singly or in combination, are 
currently of such severity or magnitude as to place the DPS in danger 
of extinction at the present time or within the foreseeable future.

Summary of Factors Affecting the Japanese Islands DPS

    The Act establishes five categories of threat that, either singly 
or in combination, indicate a DPS may be threatened or endangered. The 
five listing factors that must be considered are: (A) Present or 
threatened destruction, modification, or curtailment of its habitat or 
range; (B) overutilization for commercial, recreational, scientific, or 
educational purposes; (C) disease or predation; (D) the inadequacy of 
existing regulatory mechanisms; and (E) other natural or manmade 
factors affecting its continued existence.
    We have already completed a comprehensive status review of the 
black-footed albatross across the range of the species. In this case, 
the entire range of the species is composed of two breeding 
populations, that in the Hawaiian Islands and that in the Japanese 
Islands. In our rangewide assessment of the status of the black-footed 
albatross, wherever possible we differentiated between threats acting 
on the breeding population in the Hawaiian Islands and threats acting 
on the breeding population in the Japanese Islands, and reached 
separate conclusions as to the significance of those threats for each 
of these populations. To avoid repetition, here we incorporate by 
reference the threats analysis specific to the Japanese Islands 
breeding population of the black-footed albatross conducted earlier in 
this document, and specifically note if any circumstances specific to 
the breeding population in the Japanese Islands differ from the earlier 
analysis. Otherwise, we present only our conclusion for each of the 
threat factors considered, and refer the reader to the rangewide status 
assessment, above, for the detailed analysis supporting each conclusion 
(see Summary of Factors Affecting the Species Throughout its Range).

Factor A. The Present or Threatened Destruction, Modification, or 
Curtailment of Its Habitat or Range

    In our rangewide evaluation of threats facing the black-footed 
albatross, we evaluated the following potential factors as they affect 
the habitat or range of the Japanese Islands breeding population (now 
DPS) of the black-footed albatross: military activities; volcanic 
activity; natural gas exploration; invasive plant species; and the 
environmental effects of climate change, including sea level rise, 
coastal and wave inundation events, changes in tropical storm frequency 
or intensity, changes in ENSO and PDO events resulting in reduced 
marine productivity, and increased ambient temperatures. Here we 
evaluate each factor further only if we have additional information 
unique to the Japanese Islands DPS of the black-footed albatross.
Military Activities
    In our rangewide evaluation of threats facing the black-footed 
albatross, we evaluated military activities as they affect the habitat 
or range of the Japanese Islands breeding population (now DPS) of the 
black-footed albatross. We have no additional information unique to the 
Japanese Islands DPS of the black-footed albatross. Therefore, based on 
our assessment of the best scientific and commercial data available, as 
detailed in our rangewide assessment of Factor A, above (Summary of 
Factors Affecting the Species Throughout its Range), we conclude the 
Japanese Islands DPS of the black-footed albatross is not threatened by 
military activities.
Volcanic Activity
    On Torishima Island, a 1903 volcanic eruption occurred during the 
nonbreeding season for several species of albatrosses, so that the only 
apparent effect was to destroy part of their nesting habitats. By 1930, 
it was apparent that many birds had returned and were breeding on the 
island as human harvesting of all the albatross species was resumed by 
settlers. The volcano erupted again in 1939, burying most of the former 
breeding grounds and making them uninhabitable by the birds. The main 
crater overflowed once more in 1941, closing the natural anchorage that 
had allowed free access to human hunters in the past. When visited in 
1949, the island was described as ``birdless'' (Austin 1949, p. 289). 
Black-footed albatrosses reoccupied the island, however, and have been 
steadily increasing in numbers since systematic counts began in 1957 
(Cousins and Cooper 2000, p. 23). Volcanic activity on Torishima Island 
was last recorded in 2002, with volcanic ash and rock blanketing the 
central portion of the island.
    Given this history, it is likely Torishima Island will continue to 
experience volcanic activity. We consider it likely that seabirds such 
as the black-footed albatross will survive such an event, as they have 
in the past; being pelagic, approximately 75 percent of the population 
is at sea during any given time, which likely buffers them against such 
a catastrophic event at their nesting site (Finkelstein et al. 2010, p. 
328). Additionally, using a matrix model that incorporated catastrophic 
mortality (i.e., volcanic eruptions) and chronic mortality (i.e., 
annual fisheries bycatch), chronic mortality was found to have a 
greater effect on predicted annual population growth rate in short-
tailed albatrosses than did catastrophic mortality (Finkelstein et al. 
2010, p. 328), thus we expect catastrophic mortality would likely have 
relatively little effect on the population growth of the black-footed 
albatross population.
    Following a volcanic eruption Torishima Island could eventually be 
reoccupied, and recolonized by birds from the nearby Ogasawara Islands, 
similar to the observed recolonization of these islands following 
military activities during World War II. Some authors, however, 
(Finkelstein et al. 2010, p. 323) suggest that this scenario is 
unlikely as the movement of breeding birds between colonies is 
extremely low; birds are more likely to skip breeding until such time 
as they can return to their island; and, dispersing and colonizing 
birds are more likely to be nonbreeding juveniles. Because Torishima 
Island provides nesting habitat for approximately 2,150 of the 
approximately 3,184 nesting pairs in the Japanese Islands (ACAP 2010, 
p. 4), the

[[Page 62560]]

population could be impacted by a volcanic eruption either through 
mortality of some portion of the nesting population, destruction of 
nesting habitat for 67 percent of the population in the western 
Pacific, or through lack of recruitment as a result of several years of 
skipped breeding.
    However, as we anticipate most of the adult birds would be at sea 
during an eruption, we expect that any negative effects from such an 
event would not be of such great magnitude that the Japanese Islands 
DPS would become in danger of extinction throughout all or a 
significant portion of its range, and based on historical observations, 
we believe it is reasonable to assume that the breeding population of 
black-footed albatross on Torishima Island would eventually recover as 
it has following past eruptions. In addition, it is possible that 
Torishima Island could eventually be recolonized by birds from the 
nearby Ogasawara Islands, similar to recolonization of these islands 
following military activities during World War II. We, therefore, 
conclude that volcanic activity does not pose a significant threat to 
the Japanese Islands DPS of the black-footed albatross.
Natural Gas Exploration
    In our rangewide evaluation of threats facing the black-footed 
albatross, we evaluated the potential for natural gas exploration as it 
may affect the habitat or range of the Japanese Islands breeding 
population of the black-footed albatross. We have no additional 
information unique to the Japanese Islands DPS of the black-footed 
albatross. Therefore, based on our assessment of the best scientific 
and commercial data available, as detailed in our rangewide assessment 
of Factor A, above (Summary of Factors Affecting the Species Throughout 
its Range), we have no information at this time to suggest that 
activities associated with natural gas exploration pose a significant 
threat to the Japanese Islands DPS of the black-footed albatross.
Effects Related to Climate Change
    While climate change impacts to some specific environmental 
features (e.g., sea ice) can be reliably assessed to some degree into 
the future, assessment of potential climate-induced changes to black-
footed albatross habitat in the tropical and temperate terrestrial and 
marine systems is complex, with highly variable predictions of effects. 
Here we evaluate the best available scientific and commercial data on 
possible climate change effects in these systems that could negatively 
affect the Japanese Islands DPS of the black-footed albatross now and 
in the foreseeable future. However, the majority of climate change data 
that were available to us were not for the far western Pacific, but for 
the central Pacific. Therefore, much of the information available to us 
did not apply specifically to the Japanese Islands DPS; however, it 
constitutes the best scientific and commercial data available to us for 
our evaluation.
Sea Level Rise and Coastal Inundation
    Efforts to project and model the potential effects of climate 
change and sea level rise on the black-footed albatross have focused 
primarily on habitat in the central Pacific, not on the western Pacific 
where the Japanese Islands DPS is located (Vitousek et al. 2008, pp 1-
11; Fletcher 2009, pp. 1-9; Fletcher and Feirstein 2009, pp. 1-8).
    The Japanese Islands supporting nesting populations of black-footed 
albatross are relatively high islands with some elevation above sea 
level, not low-lying atolls or reefs as in many of the Northwestern 
Hawaiian Islands. Therefore, these islands are not likely to be 
affected by rising sea levels. For example, Torishima is a large island 
(1,184 ac (479 ha)) with relatively steep topography, with a peak 
elevation of 1,293 ft (394 m). The Senkaku Islands are also high in 
elevation, reaching a maximum height of 1,257 ft (383 m) (Japan 
Meteorological Society, http://watchizu.gsi.go, accessed July 21, 
2010). Nesting by black-footed albatrosses on these islands occurs well 
above sea level in volcanic substrates or on the top of hill and upland 
slopes. These populations of black-footed albatross will not be 
affected by loss of nesting habitat due to sea level rise (see Summary 
of Factors Affecting the Species Throughout its Range). Based on this 
assessment, and as detailed in our rangewide assessment of Sea Level 
Rise and Coastal Inundation under Factor A, above (see Summary of 
Factors Affecting the Species Throughout its Range), we do not believe 
sea level rise and coastal inundation pose a significant threat to the 
Japanese Islands DPS.
Climate Change and Wave Inundation
    Winter wave heights generated from climate models show significant 
increases in the northwestern and northeastern Pacific, but in the 
vicinity of the major black-footed albatross breeding areas in the 
Japanese Islands (Torishima Island and the Ogasawara Islands), winter 
wave heights are predicted to remain unchanged (Wang and Swail 2006, p. 
116). In addition, as described above, black-footed albatrosses in the 
Japanese Islands do not nest on beaches, but instead nest upslope on 
steep high-elevation islands, and would not be impacted by waves or 
overwash events. Based on this assessment, and as detailed in our 
rangewide assessment of Climate Change and Wave Inundation under Factor 
A, above (see Summary of Factors Affecting the Species Throughout its 
Range), we do not believe climate change and wave inundation pose a 
significant threat to the Japanese Islands DPS.
Climate Change and Tropical Cyclone Storm Frequency
    As described in our assessment of tropical storm frequency under 
the rangewide evaluation of Factor A (see Summary of Factors Affecting 
the Species Throughout its Range), above, slight increases (i.e., a few 
percent), over the next 100-200 years, in both the frequency and 
intensity of tropical storms are projected in the western Pacific 
(e.g., Japanese Islands) (Vecchi and Soden 2007, pp. 1068-1069, Figures 
2 and 3; Emanuel et al. 2008, p. 360, Figure 8; Yu et al. 2010, p. 
1371, Figure 14). These projected increases are not expected to 
significantly affect black-footed albatrosses, which arrive at their 
nesting sites in mid- to late October and begin laying eggs in mid-
November to mid-December. Tropical storm season in the western Pacific 
ends in early November, and the period of overlap between birds 
arriving at nesting sites and the end of the tropical storm season is 
likely only a few weeks. These adult birds can fly away to avoid 
tropical storms that may arrive after they return to the nesting areas, 
and although the population of black-footed albatrosses nesting in the 
Japanese Islands is relatively small, it is unlikely that multiple 
nesting sites would be impacted in a single storm season, given the 
geographic spread of the nesting sites on different islands used by the 
species. Furthermore, as the scale of increase in intensity or 
frequency of storms is relatively small over the timeframe of 100 to 
200 years considered in these models, we anticipate the increase within 
the next 30 to 50 years to be relatively minimal. Therefore, while 
there may be some short-term impacts to black-footed albatross nesting 
success due to the potential overlap of bird arrivals at nesting sites 
at the end of the tropical storm season, as detailed in our rangewide 
assessment of Climate Change and Storm Frequency under Factor A, above 
(see Summary of Factors Affecting the Species Throughout its Range), we 
do not

[[Page 62561]]

anticipate these impacts to significantly affect the Japanese Islands 
DPS.
Climate Change and Marine Productivity
    We have evaluated the best available scientific and commercial 
information with regard to climate change and decreased marine 
productivity in response to climate change, and as detailed in our 
rangewide assessment of Climate Change and Marine Productivity under 
Factor A, above (see Summary of Factors Affecting the Species 
Throughout its Range), and we have no additional information specific 
to the Japanese Islands DPS of the black-footed albatross. Based on our 
assessment, we have no information at this time to suggest that 
possible predicted decreases in marine productivity pose a significant 
threat to the Japanese Islands DPS of the black-footed albatross.
Climate Change and Ambient Temperature
    As detailed in our rangewide assessment of Climate Change and 
Ambient Temperature under Factor A, above (see Summary of Factors 
Affecting the Species Throughout its Range), our evaluation of the best 
scientific and commercial data available at this time does not suggest 
projected average ambient temperature increases pose a significant 
threat to the breeding population of black-footed albatrosses in the 
Japanese Islands, and we have no additional information unique to the 
Japanese Islands DPS. Therefore, based on our assessment, we have no 
information at this time to suggest that possible predicted increases 
in ambient temperature pose a significant threat to the Japanese 
Islands DPS of the black-footed albatross.
Summary of Factor A
    Based on our assessment of the best scientific and commercial data 
available, as summarized here and detailed in our rangewide assessment 
of Factor A, above (Summary of Factors Affecting the Species Throughout 
its Range), we conclude that the Japanese Islands DPS of the black-
footed albatross is not threatened by the present or threatened 
destruction, or modification, or curtailment of its habitat or range.

Factor B. Overutilization for Commercial, Recreational, Scientific, or 
Educational Purposes

    We are not aware of any information indicating that overutilization 
of black-footed albatrosses for commercial, recreational, scientific, 
or educational purposes threaten the Japanese Islands DPS. Therefore, 
we conclude that overutilization for commercial, recreational, 
scientific, or for educational purposes is not a significant threat to 
the Japanese Islands DPS of the black-footed albatross.

Factor C. Disease or Predation

Disease
    Our analysis of the potential threat posed by avian pox, avian 
cholera, west Nile Virus, and H5N1 is detailed under the section titled 
Disease in our rangewide assessment of Factor C, above. The principal 
form of avian pox transmission in wild birds is through the introduced 
mosquito, Culex quinquefasciatus, rather than through direct contact 
with a contaminated surface or aerosol (Warner 1968, p. 104; Arata et 
al. 2009, p. 20). We are unable to determine the extent and impact of 
avian pox on the black-footed albatross in the Japanese Islands DPS due 
to the lack of study and available information. However, based on the 
limited information available regarding this disease in black-footed 
albatrosses in the Hawaiian Islands, it is reasonable to assume that 
the prevalence of this disease in black-footed albatrosses in the 
Japanese Islands, if present, is low (since it has never been reported 
from these birds on these islands) and that infected individuals 
recover from the disease. Therefore, if avian pox is present in black-
footed albatrosses in the Japanese Islands, the effect of the pox is 
expected to be minimal.
    Diseases such as West Nile virus, avian cholera, and avian 
influenza have not been documented in north Pacific albatrosses. West 
Nile virus is a mosquito-borne disease that has had dramatic effects on 
birds in North America, though it has not been detected in the central 
Pacific. A thorough search of the literature indicated that the 
virulence of West Nile virus to black-footed albatrosses, or 
albatrosses of any species, has not been tested. As stated above, 
within the breeding range of black-footed albatrosses, mosquitoes 
currently are documented only on Midway Atoll and Lehua Island. For 
transmission to occur, either an infected bird has to reach a breeding 
island with mosquito populations, or a mosquito carrying the virus has 
to reach a breeding island. It is highly unlikely, however, that an 
infected bird or a mosquito from the Hawaiian Islands would travel to 
the Japanese Islands. We are unable to determine the extent and impact 
of West Nile virus on the black-footed albatross in the Japanese 
Islands due to the lack of study and available information, but there 
are no reports of west Nile virus in the northern Pacific albatrosses.
    Avian cholera is a result of an infection by the bacterium 
Patruella multocida and usually occurs in large-scale outbreaks, most 
commonly in migratory waterfowl at staging areas when populations are 
concentrated (Botzler 1991, pp. 367-395; USGS 1999, p. 75). Avian 
cholera has not been detected in birds in the Hawaiian Islands, and 
reports of die-offs of wild birds in countries other than the United 
States and Canada are uncommon (USGS 1999, pp. 80-82). However, we are 
unable to determine the extent and impact of avian cholera on black-
footed albatrosses in the Japanese Islands DPS due to the lack of study 
and available information, but reports of die-offs are not known.
    Wild birds have been affected by the H5N1 highly pathogenic avian 
influenza since 2002 (Uchida et al. 2008, p. 1). The H5N1 avian 
influenza has been detected in wild birds (primarily waterfowl) on the 
main islands of Japan (Uchida et al. 2008, p. 2); however, H5N1 avian 
influenza has not been detected in wild birds on Torishima Island, the 
Ogasawara Islands, or the Senkaku Islands.
    In summary, we have no evidence to suggest that diseases such as 
avian pox, west Nile virus, avian cholera, or H5N1 avian influenza pose 
a significant threat to the Japanese Islands DPS of the black-footed 
albatross. Therefore, based on our evaluation of the best scientific 
and commercial data available, we conclude that disease is not a 
significant threat to the black-footed albatross in the Japanese 
Islands DPS.
Predation
    In the Japanese Islands DPS, rats are documented from Torishima 
Island and the Ogasawara Islands (Okochi et al. 2004, p. 1,466) and 
could occur on the Senkaku Islands, although recent survey information 
is not available. The Ogasawara Islands and Torishima Island together 
are home to approximately 5 percent of the rangewide breeding 
population and 98 percent of the Japanese Islands population, which has 
been documented to be increasing despite the presence of rats (Cousins 
and Cooper 2000, p. 23; Hasegawa 2010, pers. comm.). This suggests that 
rat predation is not a significant threat to black-footed albatrosses 
breeding on these islands.
    Our analysis of the potential threat posed by shark predation is 
detailed under the section titled Predation in our rangewide assessment 
of Factor C, above. We have no additional information unique to the 
Japanese

[[Page 62562]]

Islands DPS of the black-footed albatross. Based on our evaluation, at 
present we have no evidence to suggest that shark predation poses a 
significant threat to the Japanese Islands DPS of the black-footed 
albatross.
    In summary, based on our assessment of the best scientific and 
commercial data available, as summarized here and detailed in our 
rangewide assessment of Factor C, above (Summary of Factors Affecting 
the Species Throughout its Range), we conclude the Japanese Islands DPS 
of the black-footed albatross is not threatened by disease or 
predation.

Factor D. The Inadequacy of Existing Regulatory Mechanisms

    To determine if the DPS is threatened as a result of the inadequacy 
of existing regulatory mechanisms, we reviewed existing international 
and U.S. conventions, agreements, and laws for the specific protection 
of black-footed albatrosses or their marine and terrestrial habitats in 
the countries where they forage, migrate, and breed. In our 
comprehensive evaluation of Factor D under the rangewide threats 
assessment for the black-footed albatross, above (Summary of Factors 
Affecting the Species Throughout its Range), we discuss the protection 
status of the black-footed albatross and its marine and terrestrial 
habitat at international, national, and regional levels, followed by a 
discussion of international and national fisheries regulations that are 
designed to reduce and monitor seabird bycatch from fisheries 
operations, and specifically evaluate the threat posed to the Japanese 
Islands breeding population of the species.
    Based on our review of the best available information, as detailed 
above under Factor D in the section Summary of Factors Affecting the 
Species Throughout its Range, we conclude that the Japanese Islands DPS 
of the black-footed albatross is not significantly threatened by the 
Hawaii-based shallow-set longline fishery, the Alaska-based demersal 
longline groundfish fishery, or the California, Oregon, and Washington 
groundfish, Pacific hake, and pelagic longline fisheries at this time 
or within the foreseeable future. We cannot definitively determine the 
extent and quantify the impact of other Alaska-based demersal longline 
fisheries; other (nonpelagic) longline fisheries based in California, 
Oregon, and Washington; coastal purse seine and troll fisheries based 
in the United States; Canadian-based longline fisheries; and longline 
fisheries based in Japan, Taiwan, China, Korea, Russia, and Mexico. We 
have no additional information unique to the Japanese Islands DPS of 
the black-footed albatross.
    We are mindful of the potential impacts that these fisheries could 
have on the Japanese Islands DPS of the black-footed albatross. 
Furthermore, we acknowledge that many of the current protective 
agreements are voluntary in nature, and that bycatch mitigation 
measures may be lacking in international fleets. Although existing 
regulatory mechanisms could be strengthened and broadened in scope, at 
this time the present status of the black-footed albatross, with 
populations steadily increasing in the Japanese Islands (Figure 4, this 
document), indicates that the DPS is not endangered or threatened as a 
result of any inadequacy in regulatory mechanisms respecting fisheries 
bycatch.
Summary of Factor D
    Based on our assessment of the best scientific and commercial data 
available, as summarized here and detailed in our rangewide assessment 
of Factor D, above (Summary of Factors Affecting the Species Throughout 
its Range), we conclude that the Japanese Islands DPS of the black-
footed albatross is not threatened by the inadequacy of existing 
regulatory mechanisms to the extent that it is currently in danger of 
extinction.

Factor E. Other Natural or Manmade Factors Affecting Its Continued 
Existence

    In our discussion of Factor E under the rangewide threats 
assessment for the black-footed albatross, above (Summary of Factors 
Affecting the Species Throughout its Range), we detail our evaluation 
of the potential threat posed by several sources of contamination, 
including organochlorines (e.g., polychlorinated biphenyls (PCBs), 
dichloro-diphenyl trichloroethane (DDT)), ingestion of plastics, and 
oil spills. We additionally evaluated the potential threat posed to the 
black-footed albatross by collisions with airplanes. Here we present 
only a brief summary of that evaluation and our conclusions as they 
pertain to the Japanese Islands DPS of the black-footed albatross, and 
incorporate by reference the underlying analysis of each of these 
threats.
Contaminants
    As detailed under our evaluation of Factor E in the section Summary 
of Factors Affecting the Species Throughout its Range, above, we found 
studies indicating that organochlorine and heavy metal contaminants are 
present in high levels in black-footed albatrosses. In the Japanese 
Islands, levels of mercury in black-footed albatross eggs from 
Torishima Island were found to be higher than mercury levels documented 
for other seabirds and were higher than documented threshold levels for 
adverse effects in other bird species (Ikemoto et al. 2005, p. 892). 
However, no negative impacts on the birds at Torishima were observed. 
Lead levels in black-footed albatross chicks on Torishima Island were 
found to be below levels of lead-poisoned Laysan albatross chicks from 
Midway Atoll in the central Pacific, and no symptoms of lead poisoning, 
such as droop-wing syndrome, were observed in black-footed albatrosses 
(Ikemoto et al. 2005, p. 893).
    Kunisue et al. (2006, entire) studied dioxins and related compounds 
in black-footed and short-tailed albatrosses from Torishima Island and 
the Senkaku Islands. They found concentrations of dioxins were greater 
in black-footed albatrosses than in short-tailed albatrosses, and toxic 
equivalents of the eggs of both albatross species exceeded the 
thresholds observed in some other species of wild birds (Kunisue et al. 
2006, pp. 6920, 6925). Although they note that sensitivity for 
biochemical effects varies widely between species and the sensitivity 
of albatross for dioxin-like effects is not known, they also found some 
evidence of what they characterize as ``potential dioxin-like 
alterations'' in the black-footed albatross (Kunisue et al. 2006, p. 
6925). Kunisue et al. (2006, p. 6925) suggested that toxic equivalents 
in black-footed albatross eggs on Torishima exceed the toxicity 
thresholds for some other avian embryos, but the sensitivity of black-
footed albatrosses for dioxin-like toxic effects is not known, and 
embryo viability was not evaluated in this study.
    In the Japanese Islands, populations of the black-footed albatross 
have been steadily increasing (Figure 4, this document) despite the 
high levels of lead, mercury, and dioxins and related compounds 
detected in eggs and chicks there, and no adverse effects have been 
observed. Therefore, we cannot conclude that these contaminants pose a 
significant threat to the species in the Japanese Islands, as we have 
no evidence that they are causing a decrease in the population.
    Based on our evaluation of the best available scientific and 
commercial data, we conclude that organochlorides and heavy metals do 
not pose a significant threat to the Japanese Islands DPS.

[[Page 62563]]

Plastic Ingestion
    Our evaluation of the threat posed by plastic ingestion is detailed 
in our rangewide assessment of Factor E, above (Summary of Factors 
Affecting the Species Throughout its Range). We have no data on plastic 
ingestion specific to black-footed albatrosses in the Japanese Islands 
DPS, but we have no reason to assume that the effects in Japan would be 
any different from those observed in other geographic areas; therefore, 
we based our evaluation on the best available information. Because we 
did not find evidence that plastic ingestion by black-footed 
albatrosses is a significant source of mortality or reduces body 
condition in the species, we cannot conclude that plastic ingestion is 
a significant threat to the Japanese Islands DPS of the black-footed 
albatross.
Oil Pollution
    As detailed in our rangewide analysis of the black-footed albatross 
under Factor E, above (Summary of Factors Affecting the Species 
Throughout its Range), we do not consider oil spills to pose a 
significant threat to the Japanese Islands DPS, now or within the 
foreseeable future. We have no information indicating that oil drilling 
takes place near the breeding grounds of the Japanese Islands DPS of 
the black-footed albatross. Based on our assessment, we conclude that 
oil spills do not pose a significant threat to the Japanese Islands DPS 
of the black-footed albatross.
Collisions with Aircraft
    We have no information to suggest that there are any runways or 
other air traffic close to any of the breeding sites utilized by black-
footed albatross in the Japanese Islands DPS. Thus, we conclude that 
collisions with aircraft are not a significant threat to the Japanese 
Islands DPS of the black-footed albatross.
Summary of Factor E
    We found studies indicating that organochlorine and heavy metal 
contaminants are present in high levels in black-footed albatrosses, 
but there is little research investigating the effects of these 
compounds on black-footed albatrosses. In the Japanese Islands, black-
footed albatrosses on Torishima Island and in the Ogasawara Islands 
have been found to have levels of mercury and other contaminants that 
exceed the threshold for adverse effects in some other bird species, 
but the sensitivity level for black-footed albatrosses is not known, 
and no negative impacts were observed. The population of black-footed 
albatrosses has been steadily increasing in the Japanese Islands, thus 
contaminants do not appear to act as a limiting factor on this 
population. Therefore, we conclude that organochlorines and heavy metal 
contaminants are not significant threats to the Japanese Islands DPS of 
the black-footed albatross.
    Like other seabirds, black-footed albatrosses ingest plastics while 
foraging and accidentally feed ingested plastics to their chicks. 
Investigations on the effects of plastic ingestion in black-footed 
albatrosses and Laysan albatrosses indicated that ingestion of plastics 
does not reduce body condition or survivorship in black-footed 
albatross chicks, nor is there any evidence that it is a direct source 
of mortality in black-footed albatrosses. Therefore, we conclude that 
plastic ingestion is not a significant threat to the Japanese Islands 
DPS of the black-footed albatross.
    Potential impacts from contamination from oil spills and future oil 
development are not likely to be a threat to the species' nesting 
habitat in the Japanese Islands because we have no information to 
suggest that oil drilling or development is occurring or is likely to 
occur in this area. However, black-footed albatrosses forage over vast 
areas of the ocean and could possibly encounter oil anywhere and, 
therefore, are vulnerable, both individually and in small foraging 
groups, but likely not population-wide. Accordingly, we do not consider 
oil spill contamination to be a significant threat to the Japanese 
Islands DPS of the black-footed albatross.
    As there is no air traffic in the areas used by black-footed 
albatrosses for nesting in the Japanese Islands DPS and we do not 
anticipate any in the future, we do not consider collisions with 
aircraft to pose a significant threat to this DPS.
    Based on our assessment of the best scientific and commercial data 
available, as summarized here and detailed in our rangewide assessment 
of Factor E, above (Summary of Factors Affecting the Species Throughout 
its Range), we find that other natural or manmade factors do not 
significantly threaten the black-footed albatross in the Japanese 
Islands DPS.

Finding for the Japanese Islands DPS

    We assessed the best available scientific and commercial 
information regarding the threats facing the Japanese Islands DPS of 
the black-footed albatross. We reviewed numerous information sources 
including literature cited in the petition, information in our files, 
and information submitted to us following our 90-day petition finding 
(72 FR 57278; October 9, 2007), and the second information solicitation 
period (74 FR 43092; August 26, 2009), and we consulted with recognized 
albatross experts and other Federal, State, and local resource agencies 
related to potential threats to the black-footed albatross and its 
marine and terrestrial habitat. Such potential threats include: 
historical habitat modification; effects from climate change, including 
sea level rise, changes in tropical storm frequency and intensity, 
changes in marine productivity, and increases in ambient temperature; 
overutilization; disease and predation; bycatch in fisheries; 
contamination by PCBs and other pollutants; plastic ingestion; oil 
spills; and collisions with aircraft. To determine whether these risk 
factors individually or collectively put the Japanese Islands DPS in 
danger of extinction throughout its range, or are likely to do so 
within the foreseeable future, we first considered whether the factors 
were causing a population decline, or were likely to do so in the 
future.
    We subjected all potential threats to the black-footed albatross to 
a comprehensive assessment under our rangewide evaluation of the 
species, above, in the section titled Summary of Threats Affecting the 
Species Throughout its Range. Since the species throughout its range is 
composed collectively of only two breeding populations, that in the 
Hawaiian Islands and that in the Japanese Islands, our rangewide 
assessment included a full evaluation of the threats to each of these 
two breeding populations as well. To avoid repetition in our assessment 
of the Japanese Islands DPS, we incorporate by reference the detailed 
threats assessments conducted under the rangewide analysis, above, and 
we present here only our conclusions for each of those threats specific 
to the Japanese Islands DPS of the black-footed albatross.
    On the basis of our status review, and as summarized above under 
our evaluation of each listing factor, we conclude that the listing of 
the Japanese Islands DPS of the black-footed albatross is not warranted 
at this time. Our standard for determining whether listing is warranted 
is whether a species (including a DPS) is presently in danger of 
extinction throughout all or a significant portion of its range 
(endangered) or is likely to become an endangered species within the 
foreseeable future throughout all or a significant portion of its range 
(threatened). We acknowledge that the black-footed albatross faces a 
variety of

[[Page 62564]]

threats, and that some of these threats have had significant impacts on 
the species in the past. However, our status review indicates that the 
black-footed albatross population in the Japanese Islands has been 
steadily increasing over time and shows no sign of a decline (Cousins 
and Cooper 2000, p. 23; Figure 4, this document). Therefore, at this 
time our evaluation of the best available scientific and commercial 
data does not suggest that the threats acting on the species, either 
singly or in combination, are currently of such severity or magnitude 
as to place the Japanese Islands DPS in danger of extinction at the 
present time or within the foreseeable future.

Significant Portion of the Range

    Having determined that the black-footed albatross is not in danger 
of extinction or likely to become so within the foreseeable future 
throughout all of its range, in the Hawaiian Islands DPS, or in the 
Japanese Islands DPS, we next consider whether there are any 
significant portions of the range where the black-footed albatross is 
in danger of extinction or is likely to become endangered in the 
foreseeable future.
    In determining whether a species is threatened or endangered in a 
significant portion of its range, we first identify any portions of the 
range of the species that warrant further consideration. The range of a 
species can theoretically be divided into portions in an infinite 
number of ways. However, there is no purpose to analyzing portions of 
the range that are not reasonably likely to be significant and 
threatened or endangered. To identify only those portions that warrant 
further consideration, we determine whether there is substantial 
information indicating that: (1) The portions may be significant, and 
(2) the species may be in danger of extinction there or likely to 
become so within the foreseeable future. In practice, a key part of 
this analysis is whether the threats are geographically concentrated in 
some way. If the threats to the species are essentially uniform 
throughout its range, no portion is likely to warrant further 
consideration. Moreover, if any concentration of threats applies only 
to portions of the species' range that clearly would not meet a 
biologically based definition of significant, such portions will not 
warrant further consideration.
    If we identify portions that warrant further consideration, we then 
determine their status (i.e., whether in fact the species is endangered 
or threatened in a significant portion of its range). Depending on the 
biology of the species, its range, and the threats it faces, it might 
be more efficient for us to address either the ``significant'' question 
first, or the status question first. Thus, if we determine that a 
portion of the range is not ``significant,'' we do not need to 
determine whether the species is endangered or threatened there; if we 
determine that the species is not endangered or threatened in a portion 
of its range, we do not need to determine if that portion is 
``significant.''
    Applying the process described above for determining whether a 
species is threatened in a significant portion of its range, we 
considered the status question first to determine if any threats or 
potential threats acting individually or collectively threaten or 
endanger the species in a portion of its range. In analyzing the status 
of the black-footed albatross across its range, the only area we 
identified where threats may be concentrated is the breeding colony on 
Laysan Island. Of all of the larger breeding colonies (the 2010 count 
on Laysan indicated 22,272 breeding pairs of black-footed albatross), 
only the colony on Laysan currently exhibits a negative population 
trend, although the specific factors contributing to this observed 
negative trend have not been identified. We therefore considered 
whether the threats to the breeding colony on Laysan are such that the 
species may be in danger of extinction there, now or within the 
foreseeable future, such that Laysan Island may warrant further 
consideration as a potential significant portion of the range.
    Although projections are that the global population is relatively 
secure under current conditions, the decline in the breeding colony at 
Laysan Island is of potential concern. We therefore, considered the 
likely future condition of the colony on Laysan Island under the 
presently observed rates of population decrease. The trend on Laysan is 
reported as decreasing by 1.1 percent a year by ACAP (2010, p. 7), and 
at an average rate of 1.3 percent a year by Arata et al. (2009, p. 41; 
CI-0.017 to -0.0009). There is some variation around this trend, 
however; for example, between 2009 and 2010 the number of nesting 
black-footed albatrosses on Laysan actually increased by over 3,000 
pairs, from 19,088 to 22,272 (Flint 2011a, pers. comm.). Using a simple 
deterministic population model, we determined that, under the worst-
case scenario of decline at a rate of 1.7 percent a year (the outer 
bound of the confidence limits yielded by the models of Arata et al. 
(2009, p. 41), in 50 years, nearly 9,500 breeding pairs of black-footed 
albatross would remain on Laysan Island, and in 100 years there would 
still be an estimated 3,850 pairs (USFWS 2011, unpublished data), 
assuming no changes in other conditions. We recognize that a more 
sophisticated population model capable of incorporating stochasticity 
and changes in potential future conditions would be preferable, 
however, such a model is not available to us at this time. Therefore, 
we consider this to be the best information available to us for the 
purposes of the present determination. Furthermore, we acknowledge that 
such a continued decline is by no means a desired condition for 
conservation; however, for the purposes of the Act, it does indicate 
that the population on Laysan Island is not likely to become in danger 
of extinction within the foreseeable future. In addition, we considered 
that Laysan Island is one of the breeding colonies that is least 
vulnerable to the effects of climate change. According to the study of 
Baker et al. 2006 (p. 7), the projected rise in sea levels by the year 
2100 will likely result in a loss of only 5 percent of the terrestrial 
area of Lisianki, which is considered similar in size and elevation to 
Laysan. Baker et al. (2006, p. 7) suggest that Laysan Island may 
persist largely intact well into the next century, and that seabirds 
using this island for nesting will likely suffer relatively marginal 
losses due to sea level rise during this time. As the best available 
information indicates that the breeding colony of black-footed 
albatross on Laysan Island is not likely to become in danger of 
extinction within the foreseeable future, we conclude that Laysan 
Island does not warrant further consideration as a potential 
significant portion of the range at this point in time. We did not 
identify any other potential significant portions of the range of the 
black-footed albatross that may be threatened or endangered.
    In Defenders of Wildlife v. Norton, 258 F.3d 1136, 1145 (9th Cir. 
2001), the court ruled that a species may be endangered in a 
significant portion of its range ``if there are major geographical 
areas in which it is no longer viable but once was.'' Where the area in 
which the species is expected to survive is ``much smaller than its 
historical range,'' the determination of whether the species warrants 
listing turns on whether the lost portion of the range would be 
significant. The best available information indicates that the black-
footed albatross was extirpated from four small islands or atolls where 
it historically nested near the turn of the 20th century (Table 1), 
that it continues to persist in viable nesting populations

[[Page 62565]]

throughout the vast majority of its known historical range, and that 
the species even appears to be in the process of actively expanding its 
current nesting range to islands in the eastern Pacific. We conclude 
that the portion of the range in which the species remains and is 
expected to persist is comparable to the extent of its historical range 
and has not been significantly diminished. Therefore, we have 
determined that the black-footed albatross is not endangered or 
threatened in a significant portion of its range rangewide, in the 
Hawaiian Islands DPS, or in the Japanese Islands DPS.

Conclusion of 12-Month Finding

    Our review of the information pertaining to the five factors does 
not support the assertion that there are significant threats acting on 
the species or its habitat that rise to the level of causing the black-
footed albatross to be in danger of extinction or likely to become so 
in the foreseeable future, throughout all or a significant portion of 
its range. Although the black-footed albatross faced significant 
threats in the past, today all indications are that the black-footed 
albatross population is stable or even slightly increasing rangewide, 
in the Hawaiian Islands, and in the Japanese Islands, and we have no 
information indicating this status is likely to change within the 
foreseeable future. Therefore, listing the black-footed albatross as 
threatened or endangered under the Act is not warranted at this time.
    We request that the public submit any new information concerning 
the status of, or threats to, the black-footed albatross to our Pacific 
Islands Fish and Wildlife Office (see ADDRESSES) whenever it becomes 
available. New information will help us monitor the black-footed 
albatross and encourage its conservation. If an emergency situation 
develops for the black-footed albatross, or any other species, we will 
act to provide immediate protection.

References Cited

    A complete list of all references cited herein is available on the 
Internet at http://www.regulations.gov and upon request from the 
Pacific Islands Fish and Wildlife Office (see ADDRESSES).

Authors

    The primary authors of this notice are staff members of the Pacific 
Islands Fish and Wildlife Office (see FOR FURTHER INFORMATION CONTACT).

Authority

    The authority for this section is section 4 of the Endangered 
Species Act of 1973, as amended (16 U.S.C. 1531 et seq.).

    Dated: September 23, 2011.
Gregory E. Siekaniec,
Acting Director, Fish and Wildlife Service.
[FR Doc. 2011-25469 Filed 10-6-11; 8:45 am]
BILLING CODE 4310-55-P