Endangered and Threatened Wildlife and Plants; 12-Month Finding on a Petition To List the Black-footed Albatross as Endangered or Threatened, 62504-62565 [2011-25469]
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Federal Register / Vol. 76, No. 195 / Friday, October 7, 2011 / Proposed Rules
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.
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 90day finding at that time.
In 2007 we received funding and
initiated the 90-day finding. On October
9, 2007, we published a 90-day petitionfinding (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.
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
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 populationlevel effects. Defining a stressor to be a
threat to the species does not
DEPARTMENT OF THE INTERIOR
concerning this finding to the above
address.
Fish and Wildlife Service
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:
FOR FURTHER INFORMATION CONTACT:
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.
Notice of 12-month petition
finding.
ACTION:
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 blackfooted albatross or its habitat at any
time.
SUMMARY:
The finding announced in this
document was made on October 7, 2011.
ADDRESSES: This finding is available on
the Internet at https://
www.regulations.gov at Docket Number
FWS–R1–ES–2007–0004, and https://
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
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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.
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central Pacific; other breeding colonies
are found on the Japanese Islands in the
western Pacific in the Izu-Torishima
Islands, the Ogasawara Islands (also
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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° N to 60° N),
eastward to the western coast of North
America, and west to the northeastern
coast of Japan (118° E to 112° W) (Figure
1) (Awkerman et al. 2008, p. 4; Fischer
et al. 2009, p. 757).
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known as the Bonin Islands), and the
Senkaku Islands (Figure 2).
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Approximately 95 percent of the
breeding population nests in the
Hawaiian Islands archipelago in the
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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 blackfooted albatross continues to be
classified by taxonomic authorities as a
single species (American Ornithologists’
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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
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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 midNovember 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
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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 blackfooted 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 chickrearing 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
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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 lowgrowing 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 blackfooted 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 IIrelated 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.
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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)
Breeding colony
Year cited
First known reference
Status
Central Pacific Islands
Northwestern Hawaiian Islands:
Nihoa Island ...............................................................
Necker Island .............................................................
French Frigate Shoals ...............................................
Laysan Island .............................................................
Lisianski Island ...........................................................
Pearl and Hermes Reef .............................................
Midway Atoll ...............................................................
Kure Atoll ...................................................................
Main Hawaiian Islands:
Kaula (Kauai) .............................................................
Lehua (Kauai) ............................................................
Other:
Taongi Atoll (Marshall Islands) ..................................
Wake Atoll or Wake Island ........................................
Minami-Torishima (Marcus Island) ............................
Johnston Atoll ............................................................
1923
1923
1923
1923
1923
1923
1923
1923
....................................
....................................
....................................
....................................
....................................
....................................
....................................
....................................
Wetmore 1
Wetmore 1
Wetmore 1
Wetmore 1
Wetmore 1
Wetmore 1
Wetmore 1
Wetmore 1
...................................................
...................................................
...................................................
...................................................
...................................................
...................................................
...................................................
...................................................
E
E
E
E
E
E
E
E
1923 ....................................
1923 ....................................
Wetmore 1 ...................................................
Wetmore 1 ...................................................
E
E
1874
1841
1902
1923
Dall 1 ...........................................................
Peale 1 ........................................................
Bryon 1 ........................................................
Wetmore 1 ...................................................
X
P
X
X
Seebohm 1 ..................................................
Hattori 1 .......................................................
Seebohm 1 ..................................................
unknown .....................................................
X
E
E
E
Pitman & Ballance 2 ...................................
Pitman & Ballance 2 ...................................
P
P
....................................
....................................
....................................
....................................
Western Pacific Islands
Iwo Jima (Volcano Islands) ...............................................
Izu Shoto (Torishima Island) .............................................
Ogasawara Gunto (Bonin Islands) ....................................
Senkaku Retto (Ryukyu Shoto) ........................................
1891 ....................................
1889 ....................................
1890 ....................................
unknown ..............................
Eastern Pacific Islands
Isla Guadalupe ..................................................................
San Benedicto ...................................................................
1 Referenced
2 Referenced
1998 ....................................
2000 ....................................
in Rice & Kenyon, 1962a, p.21
in Pitman & Ballance, 2002, p. 13.
Wake Island or Wake Atoll was first
reported as a breeding colony for blackfooted 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 blackfooted 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.)
Breeding site
Last year
surveyed
Jurisdiction
Number of
breeding
pairs
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Hawaiian Islands (Central Pacific)
Northwestern Hawaiian Islands:
Nihoa Island ......................................................................................
Necker Island ....................................................................................
French Frigate Shoals ......................................................................
Laysan Island ...................................................................................
Lisianski Island .................................................................................
Pearl and Hermes Reef ....................................................................
Midway Atoll .....................................................................................
Kure Atoll ..........................................................................................
Main Hawaiian Islands:
Kaula Island (Kauai) .........................................................................
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United
United
United
United
United
United
United
United
States
States
States
States
States
States
States
States
.............................................
.............................................
.............................................
.............................................
.............................................
.............................................
.............................................
.............................................
2007
1995
2009
2010
2006
2003
2010
2010
1
112
4,309
22,272
2,126
6,116
25,581
3,486
United States .............................................
1993
31
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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.)—
Continued
Breeding site
Last year
surveyed
Jurisdiction
Number of
breeding
pairs
Lehua Island .....................................................................................
United States .............................................
2007
25
Total Central Pacific ..................................................................
....................................................................
....................
64,031
.........................................................
.........................................................
.........................................................
.........................................................
2003
2006
2006
2002
2,150
967
11
56
Total Western Pacific ................................................................
....................................................................
....................
3,184
Total Rangewide .......................................................................
....................................................................
....................
67,215
Japanese Islands (Western Pacific)
Torishima Island (Izu Islands) .................................................................
Ogasawara (Bonin) Islands (Muko-jima Island) ......................................
Ogasawara (Bonin) Islands (Haha-jima Island) ......................................
Senkaku Islands ......................................................................................
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 blackfooted 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 ‘‘fullyfeathered 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
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Japan
Japan
Japan
Japan
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
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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 °F (10 °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°
N to 48° N latitude in the north Pacific
and over a large area in the eastern
Pacific (121° W to 172° 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
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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° N to 36° N, and 125° W to 180°
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 blackfooted 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
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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 blackfooted 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
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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 blackfooted 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. Blackfooted albatrosses currently nest on
Lehua Island and Kaula Island off of
Kauai in the main Hawaiian Islands,
and in the Northwestern Hawaiian
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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 blackfooted 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
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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-
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combined (taken from ACAP 2010, p. 6,
Figure 2).
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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
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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
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and 2009 for the number of pairs nesting
at French Frigate Shoals, Laysan Island
and Midway Atoll, individually and
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Japanese Islands
Breeding populations of black-footed
albatross currently occur on IzuTorishima (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,
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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,
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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
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
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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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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).
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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).
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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, https://
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
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(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 blackfooted albatross population trends.
Population projections specific to the
Japanese breeding colonies of blackfooted 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 blackfooted 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
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62513
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
(l) 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 20year 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).
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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 blackfooted albatross suggested populationlevel 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 agestructured 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-
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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 blackfooted 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.
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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 capturerecapture 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.
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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).
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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
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62515
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 doublecounting 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
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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 blackfooted 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 blackfooted 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
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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 blackfooted 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
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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 blackfooted 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 blackfooted 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
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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 blackfooted 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 blackfooted 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
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Smith 2003, p. 35). Because the models
of Wiese and Smith (2003, entire) and
Arata et al. (2009, entire) avoid doublecounting 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
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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
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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.
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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
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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 blackfooted 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 blackfooted 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
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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-tosurface 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 birdaircraft 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.
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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 blackfooted 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 blackfooted 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
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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,
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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 blackfooted 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
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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 groundnesting 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.
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2009, p. 36), so V. encelioides and C.
equisetifolia as currently controlled do
not appear to have significant negative
impacts on the availability of blackfooted 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 blackfooted 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 blackfooted 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
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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,
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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 °C
(0.09 °F), but by the last decade of the
century the difference across scenarios
is 1.6° C (0.9 ° 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 ° F (0.66 °C) for 2011–2030 and
2.32 ° F (1.29 ° 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
62521
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.
emcdonald on DSK5VPTVN1PROD with PROPOSALS-1
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) ....................................................................................
2.6–6.6 ft, (0.8–2.0 m) ............................................................................................
2.46–6.23 ft, (0.75–1.90 m) ....................................................................................
2.36–5.25 ft, (0.72–1.60 m) ....................................................................................
2.0–5.3 ft, (0.6–1.6 m) ............................................................................................
3–4 ft (0.9–1.2 m) ...................................................................................................
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Meehl et al., 2007 (IPCC), pp. 820–822,Table 10.7.
Pfeffer et al., 2008, p. 1340.
Vermeer & Rahmstorf 2009, p. 21530.
Grinsted et al., 2010, pp. 469–470.
Jevrejeva et al., 2010, L07703, p. 4.
(GCCUS) 2009, p. 25.
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Federal Register / Vol. 76, No. 195 / Friday, October 7, 2011 / Proposed Rules
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 satellitebased 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
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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 midcentury. 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,
PO 00000
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Fmt 4701
Sfmt 4702
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 climateinduced 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
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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
62523
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 BLACKFOOTED 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]
Maximum
elevation
Island
Island area
Number of
breeding pairs
of blackfooted
albatross
(survey year)
Percent of
northwestern
Hawaiian
islands
breeding
population
Percent of
Japanese
islands
breeding
population
Percent of
world
breeding
population
10–20 years—
proportion of
land area remaining above
0.5–1.0 ft
(0.1–0.3 m);
range for
individual
islets is in
parentheses
30–40 years—
proportion of
land area remaining above
1.4–1.9 ft
(0.4–0.6 m);
range for
individual
islets is in
parentheses
50 years—
proportion of
land area remaining above
2.4 ft (0.7 m);
range for
individual
islets is in
parentheses
Data not available.
Data not available.
82–72%
(range 82–
30%).
98–99% .........
Data not available.
Data not available.
67% (range
79–25%).
97–98%.
Northwestern Hawaiian Islands
Kure Atoll ..............
Midway Atoll .........
8–20 ft (2.4–
6.1 m)
12 ft (3.6 m)
Pearl and Hermes
Reef.
≈ 9.8 ft (≈ 3
m)
Lisianski ................
French Frigate
Shoals.
≈ 40 ft (≈ 12.9
m)
≈ 40 ft (≈ 12.9
m)
8–12 ft (2.4–
3.6 m)
391 ac (159
ha)
1,000 ac (407
ha)
67 ac (27 ha)
Necker ..................
Nihoa ....................
276 ft (84 m)
903 ft (275 m)
45 ac (18 ha)
171 ac (70
ha)
112 (1995)
1 (2007)
Kaula .....................
165 m
3 (1993)
0.0
NA
0.0
> 95% ...........
> 95% ...........
> 95%.
Lehua ....................
214 m
64 ha (158
ac)
116 ha (284
ac)
25 (2007)
0.0
NA
0.0
> 95% ...........
> 95% ...........
> 95%.
Laysan 1
................
213 ac (87
ha)
1,532 ac (624
ha)
88 ac (36 ha)
3,486 (2010)
5.4
NA
5.2
25,581 (2010)
40.0
NA
38.1
6,116 (2003)
9.6
NA
9.1
2,126 (2006)
3.3
NA
3.2
Data not available.
Data not available.
99–88%
(range 99–
55%).
99% ...............
22,272 (2010)
34.8
NA
33.1
99% ...............
98–99% .........
97–98%.
4,309 (2009)
6.7
NA
6.4
NA
NA
0.2
0.0
82–74%
(range 87–
50%).
> 95% ...........
> 95% ...........
69% (range
80–40%).
0.2
0.0
98–86%
(range 98–
75%).
> 95% ...........
> 95% ...........
> 95%.
> 95%.
Offshore Main Hawaiian Islands
Japanese Islands
Torishima Island ...
Senkaku Islands ...
1,293 ft (394
m)
1,257 ft (383
m)
1,184 ac (479
ha)
1,446 ac (633
m)
2,150 (2003)
NA
67.5
3.2
> 95% ...........
> 95% ...........
> 95%.
56 (2002)
NA
1.8
0.1
> 95% ...........
> 95% ...........
> 95%.
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Ogasawara
Muko-jima Retto ...
Not available
Haha-jima Retto ....
1,525 ft (462
m)
1 Land
1,631 ac (664
ac)
6,805 ac
(2,770 ha)
967 (2006)
NA
30.4
1.4
> 95% ...........
> 95% ...........
> 95%.
11 (2006)
NA
0.3
0
> 95% ...........
> 95% ...........
> 95%.
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
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Frigate Shoals (Arata et al. 2009, p. 76).
Originally the island was only about 10
ac (4 ha) in size but was expanded in
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1942 to 57 ac (23 ha) (Amerson 1971, p.
12). Sand and Eastern islands, the two
main islands at Midway Atoll, have also
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Federal Register / Vol. 76, No. 195 / Friday, October 7, 2011 / Proposed Rules
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 blackfooted 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 blackfooted 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 lagoonward 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
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(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 blackfooted 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 blackfooted 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
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Sfmt 4702
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
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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, spatiallyexplicit 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 blackfooted 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
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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 blackfooted 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
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62525
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 blackfooted albatrosses to the possible future
inundation of their current nesting sites.
The strong nest site fidelity of blackfooted albatrosses is an important
consideration in this regard. As
described in the Life History section,
above, more than 99 percent of blackfooted 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 (higherelevation, 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
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albatrosses nest high upslope in grassy
or rocky areas (Cousins and Cooper
2000, p. 32; see, for example, https://
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 blackfooted 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 blackfooted albatrosses prospecting for
nesting sites on the islands of
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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 blackfooted 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 blackfooted 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
PO 00000
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Fmt 4701
Sfmt 4702
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
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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 blackfooted 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.
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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° N latitude)
storms (extra-tropical cyclones) can
produce waves that may impact blackfooted 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 midlatitude storms generate ocean waves
that can propagate to the Hawaiian
Islands. Approximately 20 strong midlatitude 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
PO 00000
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62527
make up the vast majority of mortalities
in such events.
Current climate models indicate that
mid- and high- (60° to 90° 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 midlatitudes 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. Blackfooted 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
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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
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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 Nino or La Nina
events (USFWS 2009a, unpubl.).
Although there have been references to
‘‘dramatic breeding failures’’ of blackfooted albatrosses in years following El
˜
Nino 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 Nino
Climate Change and Marine
years, and no statistical analyses were
Productivity
completed to support the claim (Kappes
The link between marine productivity et al. 2010, p. 257, and references
therein). Based on this information, we
and climate is not well understood
conclude that changes in ENSO due to
(McGowan et al. 1998, p. 210; Polovina
climate change are unlikely to affect
2005, p. 233). The potential impacts of
black-footed albatross in the foreseeable
climate change on the food supply of
the black-footed albatross (mainly flying future.
The PDO is a recurring pattern of
fish eggs and squid (Arata et al. 2009,
interdecadal climate variability that is
p. 11)), and thus survival and
widespread and detectable as regime
reproduction, has not been well studied.
shifts in Pacific Ocean ecosystem
There are, however, two major natural
structure (Mantua et al. 1997, p. 1,070).
climate oscillations associated with
Climate, sea surface temperatures, and
major changes in marine ecosystems in
ecosystems affected by the PDO cover
˜
the Pacific: El Nino-Southern
the tropical and central north Pacific,
Oscillation (ENSO; (McPhaden et al.
the Bering Sea, the Gulf of Alaska, the
2006, p. 1,741) and the Pacific Decadal
California Current, and the KuroshioOscillation (PDO) (Miller et al. 2004, p.
Oyashio Extension (Miller et al. 2004, p.
163).
163). These are areas used by the blackThe ENSO can influence productivity footed albatross for foraging. The
in the tropical Pacific (Fiedler 2002, p.
components of the marine ecosystem
270; McPhaden et al. 2006, p. 1,741) and that are affected include significant
the west coast of Central and North
changes in primary productivity and in
America (McGowan et al. 1998, p. 214). abundance of salmon, sardines,
˜
El Nino-Southern Oscillation is a 2- to
anchovy, rockfish, yellowfin tuna,
7-year fluctuation of unusually warm (El seabirds, zooplankton, and nutrients
˜
˜
Nino) and cool (La Nina) conditions in
(Chavez et al. 2003, p. 220). While the
the tropical Pacific associated with an
PDO is a well-documented climatic and
unstable interaction between sea surface ecological cycle, the underlying causes
temperature and atmospheric pressure.
of PDO are not well understood (Miller
It results in variations in wind, rainfall,
et al. 2004, p. 163) and reliable climate
ocean thermocline depth, circulation,
modeling of future PDO responses are
and ultimately oceanic biological
currently lacking (Wang et al. 2010, p.
productivity (McGowan et al. 1998, p.
258). An examination of data on black214; Fiedler 2002, p. 267). At present,
footed albatross reproductive success or
the relationship between the future
the number of breeding birds showed no
frequency and intensity of ENSO events sustained changes before and after the
related to global climate change is not
1999 PDO shift from a warm phase to
yet determined and may be unchanged,
a cool phase PDO (USFWS 2009a,
increasing or decreasing (Guilyardi et al. unpubl.). Based on this information, we
2010, p. 325; Vecchi and Wittenberg
conclude that regime shifts driven by
2010, p. 260). ENSO affects areas used
the PDO-associated climate change are
by the black-footed albatross mainly
unlikely to pose a significant threat to
along the west coast of the United States the black-footed albatross.
A recent study by Kappes et al. (2010,
and Canada (McGowan et al. 1998, p.
p. 254 and Table 4) indicated that the
214; McPhaden et al. 2006, p. 1,741;
time spent in area-restricted searching
Arata et al. 2009, p. 6). In this area,
(i.e., foraging behavior) of black-footed
ENSO can affect plankton biomass, the
albatrosses decreases with increasing
distribution of fishes and invertebrates,
and the breeding success of seabirds, sea sea surface temperature and increases
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.
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with increasing primary productivity.
Black-footed albatrosses foraged most
intensively in areas with sea surface
temperatures of 61.3 ± 6.8 °F (16.3 ±
3.82 °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-
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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 blackfooted 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
°F (24.5 °C) in January and February and
86.9 and 87.8 °F (30.5 and 31.0 °C) in
June and July; soil temperatures may be
as high as 104 °F (40 °C) (Howell and
Bartholomew 1961, pp. 185–186). In
general, avian embryos do not tolerate
temperatures higher than 96.8 to 102.2
°F (36 to 39 °C), although several species
can tolerate temperatures as high as
105.8 °F (41 °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 °F (36 °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 °F (26 to
27.5 °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
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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 °F (25 to
35 °C) for the sooty tern (Mathiu et al.
1991, p. 322, and references therein)
and 72.1 to 98.8 °F (22.3 to 37.1 °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 °F
(43 °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 °F (8 to 14 °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 °F (0.177
°C) per decade since 1981 (Trenberth et
al. 2007, p. 253). According to modeling
projections, global average temperature
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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 °F (0.087 °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 °F
(0.64 to 0.69 °C) between 2011 and 2030
and 2.32 to 3.15 °F (1.29 to 1.75 °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 °F (0.65 to 0.88 °C).
Thus, June and July average air
temperatures in the Northwestern
Hawaiian Islands are likely to stay
below 90 °F (33.3 °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 blackfooted 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
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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.
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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 blackfooted 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
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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
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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 blackfooted 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 blackfooted 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 °F (0.65 to 0.88°C), based on
IPCC global projections of increase in
annual mean SAT of 2.32–3.15°F (1.29–
1.75 °C) between 2046 and 2065 (Meehl
et al. 2007, p. 763, Table 10.5). Blackfooted 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 °F (8 to 14 °C) above the
normal daily maximum temperatures,
suggesting that the predicted average
increase of 1.16 to 1.57 °F (0.65 to
0.88°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
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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 blackfooted 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 blackfooted 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
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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 blackfooted 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
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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
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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 largescale 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
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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
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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 AsianAustralasian 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 blackfooted 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 blackfooted 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 blackfooted 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 blackfooted 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
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62533
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 blackfooted 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 blackfooted albatross fledglings are
depredated by sharks (Wake Forest
University 1999, p. 1). Predation of
fledging black-footed albatrosses by
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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 blackfooted 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 populationlevel 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 blackfooted 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
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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 blackfooted albatross is not threatened by
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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 BLACKFOOTED 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.
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TABLE 5—CONSERVATION LEGISLATION, CONVENTIONS, AGREEMENTS,
AND LISTINGS FOR THE BLACKFOOTED ALBATROSS—Continued
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
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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 blackfooted albatross is protected, and a
number of marine areas where they are
known to forage are protected by refuge
or monument designations.
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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 blackfooted 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-
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62535
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
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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.
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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
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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 blackfooted 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
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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 nontarget 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 ‘‘notake’’ marine reserves and one of the
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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 blackfooted 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
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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 blackfooted 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 blackfooted albatross or its nesting sites on
the Senkaku Islands, where less than 0.1
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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 mediumterm, 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
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(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 blackfooted 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.
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agreement to conserve and manage
In the north Pacific, seven commercial targeted and associated species within
EEZ waters, and to promote cooperation
longline fisheries overlap with the
with other states in the conservation
black-footed albatross foraging range:
and management of living resources in
the pelagic tuna (Thunnus spp.) and
the high seas (Harrison et al. 1992, p.
swordfish (Xiphias gladius) fisheries,
269). It requires nation states to take
the demersal (on or near the seabed)
groundfish fishery in the Bering Sea and conservation measures to protect the
living resources of the high seas; to
Gulf of Alaska; the demersal Pacific
cooperate and enter into negotiations
halibut (Hippoglossus stenolepis)
with states whose nationals exploit
fishery in Alaska; the demersal fishery
identical living resources, or different
off the west coast of the United States,
living resources in the same area; and to
and the demersal rockfish (Sebastes
maintain or restore populations of
spp.) and halibut fisheries in B.C.,
Canada (Smith and Morgan 2005, pp. 4– harvested species at levels that can
produce the maximum sustainable
12). Approximately 3,000 pelagic
yields. Canada, China, Japan, Mexico,
longline vessels from Japan, China,
the Republic of Korea, and Russia are
Korea, Taiwan, Mexico, and the United
signatories of UNCLOS; however, the
States operate in the north Pacific. In
addition, Canada, Japan, Russia, and the United States has not signed it. In
addition, the United States, Canada,
United States operate approximately
Japan, and Russia ratified the United
17,000 demersal longline vessels in the
north Pacific (Gilman et al. 2005, p. 36). Nations Agreement for the
Implementation of the Provisions of the
In a satellite telemetry study of blackUnited Nations Convention on the Law
footed albatrosses captured in Alaskan
of the Sea of 10 December 1982 relating
waters, black-footed albatrosses
to the Conservation and Management of
overlapped with the sablefish
Straddling Fish Stocks and Highly
(Anoplopoma stenolepsis) and Pacific
Migratory Fish Stocks (U.N. Fish Stocks
halibut longline fisheries, and also the
Agreement), which entered into force in
pot cod (Gadus macrocephalus) fishery
2001 (U.N. 2009b). The U.N. Fish Stocks
within the Alaskan EEZ (Fischer et al.
Agreement sets forth conservation and
2009, pp. 755–756). Black-footed
management principles for straddling
albatrosses that entered international
and highly migratory fish stocks.
waters spent almost 30 percent of their
Black-footed albatrosses experienced
time there, and may have encountered
high rates of mortality (an estimated
the albacore tuna (Thunnus alalunga)
50,000 birds between 1978 and 1992) in
fishery (Fischer et al. 2009, p. 757). Of
the birds that entered the Canadian EEZ, the squid and large-mesh driftnet
fisheries, which were operational from
black-footed albatrosses overlapped
with the Pacific halibut longline fishery the early 1970s until 1992 (Arata et al.
(Fischer et al. 2009, p. 757). Overall, this 2009, pp. 14, 62). These fisheries used
large nets, 9 to 37 mi (15 to 60 km) long,
study demonstrated that post-breeding
vertically suspended in the water, from
black-footed albatrosses favor highly
the surface to 20 to 26 ft (6 to 8 m) deep
productive waters and are likely to
encounter fishery activity in their entire (Arata et al. 2009, p. 13). Due to the high
rate of incidental mortality to seabirds,
preferred foraging habitat, putting
sea turtles, marine mammals, and
foraging birds at risk of incidental
nontarget fish, the 1992 U.N. General
mortality.
Assembly agreed to a nonbinding
Reliable population analyses provide
resolution, United Nations Resolution
evidence that conservation measures
46–215 (United Nations 1991), to ensure
implemented thus far have been highly
a global moratorium on all large-scale
effective in reducing the incidental
pelagic driftnet fishing on the high seas
mortality of black-footed albatrosses
of the world’s oceans and seas. Because
(Awkerman et al. 2008; Arata et al.
the U.N. moratorium applied only to
2009, pp. 14, 46; Moore et al. 2009, p.
high seas fisheries, driftnet fisheries still
444; ACAP 2010, p. 12). In this section
exist in the EEZs of some countries.
we review international conventions
Laysan albatross bycatch has been
and guidance, national plans and
fishing regulations, and regional fishery documented in the Japanese salmon
driftnet fishery in the Russian EEZ, and
actions enacted to address impacts to
in the United States, large mesh gillnets
seabirds, such as the black-footed
are used within the EEZ off the coasts
albatross, from mortality incidental to
of California and Oregon (Arata et al.
fishing operations.
2009, p. 13). However, by establishing a
International
moratorium on high seas driftnet
fisheries, the implementation of
The United Nations Convention on
Resolution 46–215 in 1992 has removed
the Law of the Sea of 1982 (UNCLOS)
a significant source of black-footed
is a legally binding international
Fishery Regulations
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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 blackfooted 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
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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).
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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
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(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
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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 fisheryspecific 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° N and 40° N latitude.
Swordfish (shallow-set) fishing effort is
generally concentrated between 30° N
and 35° N latitude (NMFS 2008, pp. 33–
34). The deep-set (tuna) fishery is
traditionally considered to operate
between 140° W and 180° W longitude
and from 0° to 30° 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 deepset (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° 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)
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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 blackfooted 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 blackfooted 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
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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 blackfooted 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
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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
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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 blackfooted 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 blackfooted 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 blackfooted 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 blackfooted 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 blackfooted 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 blackfooted albatross populations prevent
hunting, harassment, and harm to the
species. The Convention on Migratory
Species, the Agreement on the
Conservation of Albatrosses and Petrels,
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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 blackfooted 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
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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 blackfooted 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
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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 populationlevel impacts such that it poses a
significant threat to the species across
its range, in the Hawaiian Islands, or in
the Japanese Islands.
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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.
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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
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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 blackfooted 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 eggcrushing 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 dibenzop-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 blackfooted 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
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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 blackfooted 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 blackfooted albatross chicks on Torishima
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Island were below levels of leadpoisoned 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 shorttailed 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 blackfooted 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 mid1980s. 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 blackfooted albatrosses forage, than in highlatitude 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.
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1997a, pp. 498–504). Finkelstein et al.
(2006, p. 684) found levels of dichlorodiphenyl-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 blackfooted 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 blackfooted albatross.
Between 1994 and 1995, Ludwig et al.
(1998, p. 232) estimated 90 percent of
the human-caused mortality in blackfooted 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
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‘‘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° N and 40° 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 surfacefeeding 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 blackfooted 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
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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
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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 blackfooted 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).
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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 mi2
(20,000 km2) (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 blackfooted albatrosses could be affected
while foraging at sea. The wide foraging
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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 blackfooted 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.
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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 blackfooted 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
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high levels in black-footed albatrosses,
based on studies that measured the
levels of these contaminants in blackfooted 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.
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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 blackfooted 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 blackfooted 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
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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
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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
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and other potential threats to the blackfooted 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 blackfooted 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
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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 blackfooted albatrosses on the Senkaku
Islands, which comprise less than 0.1
percent of the population of blackfooted 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 blackfooted 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-
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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 blackfooted 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 blackfooted 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 blackfooted albatross breeding pairs), as has
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been observed in other Pacific atoll
islands in response to rising sea level.
Approximately 12 percent of blackfooted 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 blackfooted 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 blackfooted 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
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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 lateOctober and begin laying eggs in midNovember. 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 blackfooted 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 blackfooted 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
˜
Nino 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
˜
Nino 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,
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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 °F
(1.29 to 1.75 °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 blackfooted 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 blackfooted 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
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habitat, we find that overutilization is
not a significant threat to the blackfooted 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 blackfooted 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
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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 blackfooted 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. Ninetyfive 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 blackfooted 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
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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 Hawaiibased 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 populationlevel 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 blackfooted 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
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to egg crushing is likely caused by
organochloride contamination, and
contaminant levels observed exceed
toxicity thresholds known for other
avian species. The sensitivity of blackfooted 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 populationlevel 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
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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 blackfooted 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.
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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
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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.
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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 blackfooted 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
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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.
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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
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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
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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 blackfooted 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 blackfooted 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
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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
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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 blackfooted 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
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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
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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.
emcdonald on DSK5VPTVN1PROD with PROPOSALS-1
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
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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 blackfooted 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
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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
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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 blackfooted albatross in Japan is not
‘‘significant’’ within the meaning of the
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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)
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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 blackfooted 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
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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
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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 blackfooted 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
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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 blackfooted albatrosses for commercial,
scientific, or educational purposes
threatens this species, and have no
additional information unique to the
Hawaiian Islands DPS of the blackfooted 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
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commercial, recreational, scientific, or
educational purposes is not a significant
threat to Hawaiian Islands DPS of the
black-footed albatross.
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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
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definitively determine the extent and
quantify the impact of other Alaskabased demersal longline fisheries; other
(nonpelagic) longline fisheries based in
California, Oregon, and Washington;
coastal purse seine and troll fisheries
based in the United States; Canadianbased 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 blackfooted 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 blackfooted 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
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Summary of Threats Affecting the
Species Throughout Its Range), we find
that other natural or manmade factors
do not significantly threaten the blackfooted 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 blackfooted 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
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emcdonald on DSK5VPTVN1PROD with PROPOSALS-1
each of those threats specific to the
Hawaiian Islands DPS of the blackfooted albatross.
On the basis of our status review, we
conclude that the listing of the
Hawaiian Islands DPS of the blackfooted 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 blackfooted albatross, wherever possible we
differentiated between threats acting on
the breeding population in the Hawaiian
Islands and threats acting on the
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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
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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
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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.
emcdonald on DSK5VPTVN1PROD with PROPOSALS-1
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
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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 lowlying 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, https://
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
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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 blackfooted 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
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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 blackfooted 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 blackfooted albatross.
emcdonald on DSK5VPTVN1PROD with PROPOSALS-1
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 blackfooted 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 blackfooted albatrosses for commercial,
recreational, scientific, or educational
purposes threaten the Japanese Islands
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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
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62561
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 largescale 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 blackfooted 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
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emcdonald on DSK5VPTVN1PROD with PROPOSALS-1
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 blackfooted albatross is not significantly
threatened by the Hawaii-based
shallow-set longline fishery, the Alaskabased 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,
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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 blackfooted 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 blackfooted 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
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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 leadpoisoned 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 blackfooted 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.
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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 blackfooted 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.
emcdonald on DSK5VPTVN1PROD with PROPOSALS-1
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
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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 blackfooted 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 blackfooted 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 blackfooted 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, blackfooted 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
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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
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emcdonald on DSK5VPTVN1PROD with PROPOSALS-1
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 blackfooted 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
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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
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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 blackfooted 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
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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.
emcdonald on DSK5VPTVN1PROD with PROPOSALS-1
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,
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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 blackfooted 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.
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62565
References Cited
A complete list of all references cited
herein is available on the Internet at
https://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]
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]]>Agencies
[Federal Register Volume 76, Number 195 (Friday, October 7, 2011)]
[Proposed Rules]
[Pages 62504-62565]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-25469]
[[Page 62503]]
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
[[Page 62504]]
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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.
-----------------------------------------------------------------------
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 https://www.regulations.gov at Docket Number FWS-R1-ES-2007-0004, and https://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).
[[Page 62507]]
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)
----------------------------------------------------------------------------------------------------------------
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, https://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, give
