US Endangered Species Act listing proposed for penguins

[Dave H]

I spotted the following press release in regard to the Centre for Biological Conservation's petition to list 12 species of penguin under the US Endangered Species Act.  For more information on the process visit the Fish and Wildlife Service website http://www.fws.gov/endangered/listing/index.html and the CBD site www.biologicaldiversity.org

Bush Administration Delays Protection of Penguins Threatened by Global Warming; Conservation Group Will Sue
 
SAN FRANCISCO, CALIFORNIA, Dec. 3 -/E-Wire/-- The Center for Biological Diversity filed a formal notice today that it intends to sue the Bush administration for delaying protection of penguins under the Endangered Species Act. In November 2006, the Center filed a petition to list 12 species of penguins as threatened or endangered under the Act the petition triggered a strict deadline that gave the government 12 months to determine whether protection is warranted for the penguins. In July, the Fish and Wildlife Service found that 10 of the species may deserve protection and began status reviews for those penguins, including the well-known emperor and rockhopper penguins. Now the government is ignoring its duty to move forward with protections for those 10 species, which are threatened by global warming.

 
"There's no time to wait when it comes to global warming," said Kassie Siegel, director of the Center's Climate, Air, and Energy Program. "We won't allow the Bush administration to continue to violate the law while these penguin species march toward extinction."

 
Today delegates from around the world meet to discuss climate change at the United Nations Framework Convention on Climate Change in Bali, Indonesia. Although it contributes a quarter of the world's greenhouse gas pollution, the United States has refused to ratify the Kyoto Protocol and agree to reduce its emissions.

 
In 2007, the Intergovernmental Panel on Climate Change projected additional warming of 1.1 to 6.4anddeg C (2 to 11.5anddeg F) by the end of this century. Scientists are now able to tell us, with a high degree of certainty, that additional warming of more than 1anddeg C (1.8anddeg F) above 2000 levels will constitute "dangerous climate change," with particular reference to sea-level rise and species extinction. Despite an overwhelming body of scientific and economic literature demonstrating that the economic benefits of reducing future warming will vastly outweigh the costs of reducing emissions, the Bush administration has opposed all serious international and national efforts to reduce emissions.

 
"Global warming is an overarching threat for the world's penguins," said Dr. Shaye Wolf, a seabird biologist with the Center. "Absent prompt action to cut U.S. greenhouse gas emissions, the survival of these penguin species will be in doubt along with that of many other wildlife species."

 
Abnormally warm ocean temperatures and diminished sea ice have wreaked havoc on penguin food availability. Krill, the keystone of the Antarctic marine ecosystem and an essential food source for penguins, whales, and seals, has declined by up to 80 percent since the 1970s over large areas of the Southern Ocean. The emperor penguin colony at Pointe Geologie, featured in the film March of the Penguins, has declined by more than 50 percent due to global warming. Emperor penguins are dependent on sea ice extent and stability and therefore are extremely vulnerable to the effects of global warming.

 
Each of the petitioned penguins also faces threats in addition to global warming, ranging from introduced predators, disease, habitat destruction, disturbance at breeding colonies, oil spills, and marine pollution to direct harvest. Many of the species are also affected by industrial fisheries that entangle penguins in deadly fishing gear or deplete the seas of essential prey like anchovy and krill.

 
The 12-month finding is overdue on the emperor, southern rockhopper, northern rockhopper, Fiordland crested, erect-crested, macaroni, white-flippered, yellow-eyed, African, and Humboldt penguins. Listing under the Endangered Species Act will provide broad protection to penguins, including a requirement that federal agencies ensure that any action carried out, authorized, or funded by the U.S. government will not "jeopardize the continued existence" of the penguin species. Contact Info:

 
Shaye Wolf

 
Tel : 415-436-9682 x 301

 
Website : the Center for Biological Diversity

 
 /SOURCE:
 the Center for Biological Diversity
-0-
 12-03-2007
/CONTACT:
 Shaye Wolf Tel : 415-436-9682 x 301
/WEB SITE: http://www.biologicaldiversity.org

[Dave H]

For the record, here's my submission to the US Fish and Wildlife Service.  Largely written 10,000m above Australia as I left the penguin conference.

From: Houston, Dave
Sent: Sunday, 9 September 2007 2:16 p.m.
To: 'DSApenguins@fws.gov '
Subject: Attn: Penguins

Dear Peter,

Thank you for the opportunity to comment on the Fish and Wildlife Service’s 90 day finding for the petition to list 12 species of penguin as endangered under the US Endangered Species Act.

The risks and benefits of the proposed listing to the species of penguin whose breeding distribution and foraging ranges are wholly or partially within the territorial limits of New Zealand are unclear.  I thus restrict my comments to the accuracy of the information submitted in the petition and provide up to date data where available.

Fiordland
The lack of information on the status, breeding success and foraging ecology of this species is largely due to both the nature of the birds nesting sites (remote and difficult to access) and that the species is easily disturbed at the nest.  The Department of Conservation recently abandoned monitoring of breeding success at Jacksons Head due to concerns that the work was adversely affecting breeding success and recruitment.

The assessment of threats to the Fiordland penguin overstates the threat from fisheries and under estimates the impact of mammalian predation.  Although no studies have been carried on the foraging ecology of this species, recent observations of Fiordland penguins around Stewart and Codfish Islands foraging very close inshore and in shallow water indicate that in this area at least the species may not be a pelagic feeder.

The non-breeding range of this species is unknown.  While vagrant birds (usually young birds) do turn up around New Zealand and Australia this should not be considered indicative of normal foraging range.  As juveniles and beach-wrecked specimens of this species are difficult to identify, many records from outside the normal range may be in error (Simpson 2007)

Historic declines in this species are temporally associated with the arrival of mammalian predators in the area – in particular stoats.  Commercial fishing in much of the range is a comparatively recent development and is thus unlikely to have played a significant part in historic declines.

Possums are present on the mainland of Fiordland and on Stewart Island.  Solander, Codfish, Breaksea, Open Bay and many other Fiordland islands are possum free.

Snares
The last census of Snares penguins on Northeast Island in 2000 revealed 23,683 breeding pairs and when combined with previous counts from others sites brings the total population to an estimated 28,800 breeding pairs (Amey et al 2001).  The apparent stability of this population is in contrast to all other crested penguin species and may be due to the location of the Snares Islands near the Southland and Tasman currents (Mattern et al 2007a)

The mean colony size for Northeast Island is 231 breeding pairs, range 1–1,418, n=112 (D. Houston, unpublished data).

Erect-crested
The only records of erect-crested penguins breeding on the NZ mainland were of a single pair(?) observed on the Otago Peninsula (Richdale 1949).  I’m not aware of any other evidence that suggests that erect-crested penguins bred in significant number anywhere on the NZ mainland.

Fur seals numbers have recovered very slowly from their near extinction from sealing in the early 1800’s.  Breeding has only recently occurred and the sharing of sites by fur seals and penguins is at best minimal and occurs only at small colonies close to the waters edge which are also shared by elephant seals.

Some doubt has been expressed in regard to the population estimates of erect-crested penguins on the Bounty islands.  Unfortunately I am currently unable to access the latest data but will provide this to you as soon as I return to New Zealand.

White-flippered
The Department of Conservation does not recognise this as a separate species and considers that white flippered penguins, while distinct from the neighbouring “southern blue”, is merely the southern end of a cline of variation and are not sufficiently distinct from their northern neighbours to warrant species status.  This view has been endorsed by Banks and more recently by Peucker (Peucker 2007) who also noted that the Chatham and Stewart island populations were further separated from the little penguin group than the white-flippered.  Nonetheless, white-flippered penguins are a distinctive form and are worthy of conservation.

Motunau Island is predator-free and conservation efforts by landowners and DOC in and adjacent to Flea bay is seeing growth of the population (Kerry-Jayne Wilson, pers com).

Yellow-eyed
Egg laying commences in September and chicks fledge in February.

The weight range given by Shirihai represent the outer starvation/pre-moult limits, normal range is the 4.31 - 6.69 kg given by Marchant and Higgins 1990.

The current population is estimated at 1602 breeding pairs comprised of;
• South Island SE Coast 2006/7 breeding season - 450 (DOC, unpublished data)
• Stewart Island and adjacent Islands - 178 (Massaro & Blair 2003)
• Campbell Island - 404 - Based on Moore 2001 and assuming 40% are non breeders as per Richdale)
• Auckland Islands – 570 (Upper value of estimate in McKinlay 2001)

Although data is limited, the chief source of fisheries mortality appears to bottom-set nets set for benthic shark species and only rising <2m off the bottom and set in water up to 120m deep.  The benthic nature of the yellow-eyeds foraging behaviour (Mattern et al, 2007b) makes them particularly vulnerable to this fishing method.

No further die-offs of adult yellow-eyes has occurred since the 1990’s, however since 2002 mortality of young chicks due to the bacterium Corynebacterium amycolatum has been observed in Otago and on Stewart Island, reaching a peak in 2004 when all chicks observed showed signs of the disease and mortality was 50% (Houston, D. 2005).  Additionally, a Leucocytozoon haemoparasite previously only known in Fiordland penguins has been noted as a cause of mortality on Stewart Island (Hill et al 2007)

In addition to the effects of tourism reported by McClung et al., a further study comparing sites visited and not visited by tourists showed that penguins at the site exposed to unregulated tourism showed significantly lower breeding success and fledging weights than those in an area visited infrequently for monitoring purposes only. High parental baseline corticosterone concentrations correlated with lower fledgling weights at both sites. (Ellenberg et al., 2007)



References
Amey, J., McAllister, A., Houston, D., & Tennyson, A. Census of the Snares crested penguin breeding population. In Abstracts of papers presented at the 3rd Oamaru Penguin Symposium held at the Quality Hotel Brydone, Oamaru, New Zealand, 21 and 22 June 2001.  New Zealand Journal of Zoology, 2001, Vol. 28: 431-440

Ellenberg U, Setiawan AN, Cree A, Houston DM, Seddon PJ. Elevated hormonal stress response and reduced reproductive output in Yellow-eyed penguins exposed to unregulated tourism.  General and Comparative Endocrinology, Volume 152, Issue 1, 15 May 2007, Pages 54-63

Hill A, Alley M, Gartrell B, Norman R, Howe L.  Leucocytozoon in yellow-eyed penguins.  In Woehler EJ (ed) 2007. Abstracts of oral and poster presentations, 6th International Conference, Hobart, Australia, 3-7 September 2007.

Houston, D.  Diphtheritic stomatitis in yellow-eyed penguins.  In Proceedings of the Oamaru Penguin Symposium 2005, Abstracts of papers presented at the 5th Oamaru Penguin Symposium held at the Kingsgate Brydone Hotel, Oamaru, New Zealand, 30 June and 1 July, 2005.  New Zealand Journal of Zoology, 2005, Vol. 32: 263-271

Massaro, M; Blair, D.  Comparison of population numbers of yellow-eyed penguins, Megadyptes antipodes, on Stewart Island and on adjacent cat-free islands New Zealand Journal of Ecology [N. Z. J. Ecol.]. Vol. 27, no. 2, pp. 107-113. 2003.

Mattern T, Ludnyia K, Houston D, Davis L. Warm-water divers – spatial distribution of dive activity in chick-rearing Snares penguins Eudyptes robustus.  In Woehler EJ (ed) 2007. Abstracts of oral and poster presentations, 6th International Conference, Hobart, Australia, 3-7 September 2007.

Mattern T, Ellenberg U, Houston D, Davis L.  Consistent foraging routes and benthic foraging behaviour in yellow-eyed penguins.  Marine Ecology Progress Series, Vol. 343: 295–306, 2007b

McKinlay, Bruce.  Hoiho (Megadyptes antipodes) recovery plan, 2000-2025 Threatened Species Recovery Plan 35, Department of Conservation, Wellington, 2001

Peucker A, Dann P, Burridge C.  Phyleogeography of the little penguin Eudyptula minor.  In Woehler EJ (ed) 2007. Abstracts of oral and poster presentations, 6th International Conference, Hobart, Australia, 3-7 September 2007

Richdale, L.  A study of a group of penguins of known age.  Otago Daily Times and Witness Newspapers Co., Ltd. Dunedin, New Zealand, 1949.

Simpson K. Mixed species, age classes, in the 1972 winter wreck of Eduyptes penguins in Bass Strait and Northwest Tasmanian Waters.  In Woehler EJ (ed) 2007. Abstracts of oral and poster presentations, 6th International Conference, Hobart, Australia, 3-7 September 2007


Kind regards,

Dave Houston
Conservation Support Officer, Biodiversity
Department of Conservation
Wellington Conservancy Office
181 Thorndon Quay
P.O. Box 5086, Wellington, 6145
Ph: 04 470 8437  Cell: 027 440 6180

[Dave H]

But wait, there's more ...

CENTER for BIOLOGICAL DIVERSITY

For Immediate Release, February 27, 2008

Contact: Kassie Siegel, (760) 366-2232 x 302 or (951) 961-7972 (cell)

Conservation Group Sues Bush Administration
Over Delay in Penguin Protection:
10 Species Including Emperor Penguin Threatened by Global Warming

Washington, D.C.— The Center for Biological Diversity filed suit against the Bush administration today for failing to take action to protect 10 penguin species threatened by global warming under the Endangered Species Act. The lawsuit, brought against Secretary of Interior Dirk Kempthorne and Dale Hall, head of the U.S. Fish and Wildlife Service, was filed in U.S. District Court for the District of Columbia.

The legal deadline at issue in today’s suit was triggered by a scientific petition the Center filed in November 2006 seeking Endangered Species Act protection for many of the world’s most threatened penguin species, including the emperor penguin in Antarctica. In July 2007, the U.S. Fish and Wildlife Service took the first of the three steps in the listing process when it found that 10 penguin species may deserve protection and began status reviews for those species. The Fish and Wildlife Service’s finding for the 10 penguin species triggered the duty to decide by November 29, 2007, whether the penguins qualify for listing under the Endangered Species Act, and if so, to propose them for listing. That decision is now more than two months overdue.

“This lawsuit will end the Bush administration’s illegal delay of protection for the emperor penguin and other penguin species threatened by global warming,” said Kassie Siegel, climate, air, and energy program director for the Center. “We won’t allow the administration to continue to violate the law while these penguin species march toward extinction.”

The 10 species at issue are the emperor penguin, southern rockhopper penguin, northern rockhopper penguin, Fiordland crested penguin, erect-crested penguin, macaroni penguin, white-flippered penguin, yellow-eyed penguin, African penguin, and Humboldt penguin. The Galápagos penguin is the only penguin species currently listed under the Endangered Species Act.

Abnormally warm ocean temperatures, along with diminished sea ice, have wreaked havoc on penguin food availability in recent decades. Krill, the keystone of the Antarctic marine ecosystem and an essential food source not just for penguins but also for whales and seals, has declined by as much as 80 percent since the 1970s over large areas of the Southern Ocean. Scientists have linked the ocean conditions causing these declines to global warming and loss of sea ice. The emperor penguin colony at Pointe Geologie, featured in the film March of the Penguins, has declined by more than 50 percent due to global warming. Emperor penguins are dependent on sea-ice extent and stability and therefore are extremely vulnerable to the effects of global warming.

Each of the petitioned penguins also faces threats in addition to global warming, ranging from depletion of prey by industrial fisheries to entanglement in deadly fishing gear, introduced predators, disease, habitat destruction, disturbance at breeding colonies, marine pollution, and oil spills.

“Global warming is an overarching threat for the world’s penguins,” said Dr. Shaye Wolf, a seabird biologist with the Center. “Absent prompt action to cut U.S. greenhouse gas emissions, the survival of these penguin species will be in doubt along with that of many other wildlife species.”

Today’s lawsuit comes as pressure increases on the administration to issue a final Endangered Species Act listing decision for the polar bear, also overdue.

Listing under the Endangered Species Act will provide broad protection to penguins, including a requirement that federal agencies ensure that any action carried out, authorized, or funded by the U.S. government will not “jeopardize the continued existence” of any species. Federal actions likely to be affected by listing of the penguins would include the issuance of permits for industrial fisheries near Antarctica and approvals of projects resulting in significant greenhouse gas emissions.

Additional information, including the petition, photos, and range maps for each species, is available at http://www.biologicaldiversity.org .

The Center for Biological Diversity is a national, nonprofit conservation organization with more than 40,000 members dedicated to the protection of endangered species and wild places.

My understanding is that US Fish and Wildlife Service has been continuing to gather and evaluate up-to-date information on the biology and status of the various species and is working through the numerous legal and process hurdles necessary to complete the process.

Watch this space ...

[Dave H]

As ironic as it might seem, the listing process for penguins has been stalled by polar bears.  Polar bears have been going through the same process and, given that polar bears do actually occur in the US and that their listing could have impacts on things like oil and gas development within US territory, the process has been a long and complicated one.

Anyway the US Fish and Wildlife service has today announced that polar bears will be listed as a threatened species under the Endangered Species Act (read press release). 

ESA Not Intended to Regulate Global Climate Change
This quote from the press release;

In making the announcement today, Secretary Kempthorne reiterated President Bush’s statement last month that the ESA was never intended to regulate global climate change. “Listing the polar bear as threatened can reduce avoidable losses of polar bears. But it should not open the door to use of the ESA to regulate greenhouse gas emissions from automobiles, power plants, and other sources,” said Kempthorne. “That would be a wholly inappropriate use of the ESA law. The ESA is not the right tool to set U.S. climate policy.”

is interesting because it's an attempt to stop environmental groups such as the Center for Biological Diversity from using the listing of species as a tool to change US climate change policy, which is what the CBD's petition for the listing of penguins seems to be all about.

Stay tuned ...

[Dave H]

The decision to list polar bears as threatened hasn't pleased everyone (anyone?) .  According to a news item in Nature

The latest legal challenge to the May listing of the polar bear. The state of Alaska, led by governor and presumptive vice-presidential candidate Sarah Palin, has sued the government over the decision, saying it harms oil and gas exploration in the state. For its part, the environmental group the Center for Biological Diversity, which pushed for the original listing, is suing to get the polar bear upgraded from 'threatened' to 'endangered'.

With the US Fish and Wildlife Service tied up in court I expect that little progress will be made with the penguin listing in the near future.  Perhaps the penguins should sue the polar bears over the delay? 

[Dave H]

It seems that they're out of court  - for the meantime anyway.  This press release issued today ...

For Immediate Release, Monday, September 8, 2008

Contact: Shaye Wolf, Center for Biological Diversity, (415) 436-9682 x 301, cell (415) 385-5746

Penguins Marching Toward Endangered Species Act Protection;
Court Deadline Set For 10 Penguin Species Threatened By Global Warming

SAN FRANCISCO— A federal judge today approved a settlement between the Center for Biological Diversity and the U.S. Fish and Wildlife Service over the fate of 10 penguin species imperiled by global warming. Under the settlement, the Service must by December 19th complete its overdue finding on whether the penguins should be protected under the Endangered Species Act.

The finding is due on the emperor, southern rockhopper, northern rockhopper, Fiordland crested, erect-crested, macaroni, white-flippered, yellow-eyed, African, and Humboldt penguins.

“Right now penguins are marching towards extinction due to the impacts of global warming,” said Shaye Wolf, a seabird biologist with the Center for Biological Diversity. “Protecting penguins under the Endangered Species Act is an essential step toward saving them.”

Abnormally warm ocean temperatures and diminished sea ice have wreaked havoc on the penguins’ foods supply. Less food has led to population declines in penguin species ranging from the southern rockhopper and Humboldt penguins of the islands off South America, and the African penguin in southern Africa, to the emperor penguin in Antarctica. The ocean conditions causing these declines have been linked by scientists to global warming and are projected to intensify in the coming decades.

Krill, an essential food source not just for penguins but also for whales and seals, has declined by as much as 80 percent since the 1970s over large areas of the Southern Ocean. Scientists have linked the ocean conditions causing these declines to global warming and loss of sea ice. The emperor penguin colony at Pointe Geologie, featured in the film “ March of the Penguins,” has declined by more than 50 percent due to global warming.

Many penguin species also are harmed by industrial fisheries, either directly, such as when individual penguins are caught and killed in trawls, nets and longlines; or indirectly through the depletion of essential prey species such as anchovy and krill. Overfishing by industrial fishing fleets plays a prominent role in the hit movie “Happy Feet,” which features two of the petitioned species, the emperor and rockhopper penguins.

Listing under the Endangered Species Act will provide broad protection to these penguins, including a requirement that federal agencies ensure that any action carried out, authorized, or funded by the U.S. government will not “jeopardize the continued existence” of the penguin species. For example, if penguins are listed, future approval of fishing permits for U.S.-flagged vessels operating on the high seas would require analysis and minimization of impacts on the listed penguins. The Act also has an important role to play in reducing greenhouse gas pollution by compelling federal agencies to look at the impact of the emissions generated by their activities on listed species and to adopt solutions to reduce them.

The Center for Biological Diversity filed a petition in November 2006 to list 12 penguin species as threatened or endangered. The filing of the listing petition triggered a three-stage process for the Fish and Wildlife Service, with a strict timeline for each step. The agency is required to first decide within three months whether to conduct a status review of the penguins based on the concerns raised in the petition. The Service initiated status reviews of 10 of 12 penguin species, but it did not do so until July 2007, taking more than twice the time allowed under the law.

In the second stage of the listing process, the Service must decide whether the species should be listed for protection under the Endangered Species Act. This decision is required within 12 months of receiving the petition. In response to ongoing delays by the Service, the Center filed a lawsuit in February to set a court-ordered timeline for the listing decisions. Today’s court settlement ensures that the Service must make the listing determination by December 19th. A positive decision will then trigger the third stage, during which the agency has another 12 months to finalize the listing of the penguins. Until this process is completed, the penguins do not receive any protection under the Endangered Species Act.

“Penguin populations are in jeopardy and we can’t afford to delay protections,” Wolf said. “It is not too late to save them, but they need the lifeline provided by the Endangered Species Act and immediate reductions in greenhouse gas pollution.”

For more information on penguins and a link to the federal petition, please see: http://www.biologicaldiversity.org/species/birds/penguins/index.html

The Center for Biological Diversity is a national nonprofit conservation organization with more than 180,000 members and online activists dedicated to the protection of endangered species and wild places.

[Dave H]

This press release out today from the Center for Biological Diversity

Bush Administration Denies Endangered Species Act Protection for
Emperor Penguin; Ice-Dependent Species Imperiled by Global Warming
Seven Other Penguin Species Proposed for Listing As Threatened

SAN FRANCISCO— The Bush administration today denied protection for the emperor penguin under the Endangered Species Act. The emperor penguin, the most ice-dependant of all penguin species, is threatened by global warming and the consequent loss of its sea-ice habitat, as well as declining food availability wrought by the warming ocean off Antarctica. Today’s decision, made by the Department of the Interior in response to a petition and lawsuit by the Center for Biological Diversity , concluded that global warming impacts were too “uncertain” to warrant protecting the species. The Administration also denied protection for two other penguin species, while proposing protection for seven other species.

“Right now penguins are marching towards extinction due to the impacts of global warming,” said Shaye Wolf, a seabird biologist with the Center for Biological Diversity. “Protecting penguins under the Endangered Species Act is an essential step toward saving them. For the species proposed for listing, today’s decision is an important step forward. However, for the emperor penguin, it is a step closer to extinction.”

In today’s decision, to be published in Thursday’s Federal Register, the African penguin, yellow-eyed penguin, white-flippered penguin, Fiordland crested penguin, Humboldt penguin, and erect-crested penguin were proposed for listing as threatened species. The Administration also proposed listing of a portion of the range of the southern rockhopper penguin. However, the Interior Department denied listing for the majority of the range of the southern rockhopper penguin, as well as for the northern rockhopper penguin, macaroni penguin, and emperor penguin.

Abnormally warm ocean temperatures and diminished sea ice have wreaked havoc on the penguins’ foods supply. Less food has led to population declines in penguin species ranging from the southern rockhopper and Humboldt penguins of the islands off South America, and the African penguin in southern Africa, to the emperor penguin in Antarctica. The ocean conditions causing these declines have been linked by scientists to global warming and are projected to intensify in the coming decades.

Krill, an essential food source not just for penguins but also for whales and seals, has declined by as much as 80 percent since the 1970s over large areas of the Southern Ocean. Scientists have linked the ocean conditions causing these declines to global warming and loss of sea ice. The emperor penguin colony at Pointe Geologie, featured in the film “ March of the Penguins,” has declined by more than 50 percent due to global warming.

Many penguin species also are harmed by industrial fisheries, either directly, such as when individual penguins are caught and killed in trawls, nets and longlines; or indirectly, through the depletion of essential prey species such as anchovy and krill. Overfishing by industrial fishing fleets plays a prominent role in the hit movie “Happy Feet,” which features two of the species denied protection today, the emperor and rockhopper penguins.

Listing under the Endangered Species Act will provide broad protection to these penguins, including a requirement that federal agencies ensure that any action carried out, authorized, or funded by the U.S. government will not “jeopardize the continued existence” of the penguin species. For example, if penguins are listed, future approval of fishing permits for U.S.-flagged vessels operating on the high seas would require analysis and minimization of impacts on the listed penguins. The Act also has an important role to play in reducing greenhouse gas pollution by compelling federal agencies to look at the impact of the emissions generated by their activities on listed species and to adopt solutions to reduce them.

The Center for Biological Diversity filed a petition in November 2006 to list 12 penguin species as threatened or endangered. Ultimately, the Department of Interior initiated status reviews of 10 of 12 penguin species, but only issued today’s findings under court order. The agency has one year to finalize the listing decision for the seven penguins proposed for listing. The decision to deny protection for the emperor, rockhopper and macaroni penguins can be challenged in court.

“Penguin populations are in jeopardy and we can’t afford to further delay protections,” said Brendan Cummings, oceans program director at the Center. “The denial of protection for the emperor penguin ignores the science on global warming and ignores the law. We are confident it will be overturned by either the courts or the new administration.”

For more information on penguins and a link to the federal petition, please see: http://www.biologicaldiversity.org/species/birds/penguins/index.html

The Center for Biological Diversity is a national nonprofit conservation organization with 200,000 members and online activists dedicated to the protection of endangered species and wild places.

# # #

[Dave H]

This press release from the US Fish and Wildlife Service

Fish and Wildlife Service Proposes Addition of Penguin Species to Endangered Species List

The U.S. Fish and Wildlife Service is proposing to list one penguin species as endangered and five penguin species as threatened under the Endangered Species Act (ESA). The Service also found that three species of penguins do not warrant listing throughout their range and is proposing listing one species as threatened in a significant portion of its range.

The penguin species recommended for endangered status is the African penguin (Spheniscus demersus), of South Africa and Namibia. After conducting a status review, information available to the Service indicates that the African penguin is in serious decline throughout its range due to competition with commercial fishing, prey declines, predation, and oil pollution.

The five species recommended for threatened status are: the yellow-eyed penguin (Megadyptes antipodes), the white-flippered penguin (Eudyptula minor albosignata), the Fiordland crested penguin (Eudyptes pachyrhynchus), the erect-crested penguin (Eudyptes sclateri), all from New Zealand, as well as the Humboldt penguin (Spheniscus humboldti) of Chile and Peru.

Threats to these penguin species include commercial fishing, competition for prey, habitat loss, disease, and predation. The Service also considered information on longer term climate change impacts to these species.

The Service is proposing to list the Southern Rockhopper penguin (Eudyptes chrysocome) at three island groups off the coast of New Zealand. Based on information available, the Service found that this species has suffered declines in a significant area of its range, related to apparent changes in prey abundance, but in other areas of the species range populations are stable or increasing and that listing was not warranted in those areas.

The Service is seeking additional information on established and potential threats to these species during the 60-day public comment period.

The Service also found that Endangered Species Act protection is not warranted for the following three penguin species:

• The emperor penguin (Aptenodytes forsteri), with range restricted to Antarctica, was found to have stable populations. Review of the best available scientific information found no significant threats to the current survival of the emperor penguin and little or no evidence of current directional climate change impacts on its habitat. While such change may occur in the future, existing predictive models are not sufficiently advanced to allow reliable forecasting of possible changes to emperor penguin habitat over the next 100 years. The Service does not have sufficient scientific information to conclude that in the foreseeable future, the habitat of the emperor penguin will be altered to the point where the species is threatened with extinction.

• The Northern Rockhopper penguin (Eudyptes moseleyi), populations were found to be stable in most areas, with moderate declines in one portion of the population.
• The macaroni penguin (Eudyptes chrysolophus), is perhaps the most numerous penguin species. While declines linked to changes in prey abundance and competition with seal species have been reported at South Georgia Island, this remains an area of high macaroni penguin abundance.

Listing of penguins under the Endangered Species Act would make import or export of specimens of these species without an ESA permit illegal. Such permits are issued only if an activity has a conservation benefit and it is hoped listing may help focus international attention on the species? conservation needs.

During the 60-day public comment period, the Service is soliciting scientific and commercial information regarding the penguins proposed for protection under the ESA, including;

• Information on population taxonomy, distribution, habitat selection and trends (especially breeding and foraging habitats) diet, population abundance and trends including current recruitment data;
• Information on effects of climate change and changing ocean, land or sea ice conditions on the distribution and abundance of these penguin species and their principal prey species over the short and long term (especially information on known prey substitutions and their effects on the penguins);
• Information on the effects of other potential threat factors, including commercial fishing activities, contaminants, habitat loss, harvest, predation by other animals, and diseases of these species or their principal prey over the short and long term;
• Information on management programs for penguin conservation, including mitigation measures related to conservation programs, fisheries management, and any other private, tribal, or governmental conservation programs which benefit these species, and;
• Information concerning whether any populations of the species may qualify as distinct population segments and comments on the appropriate conservation status for the species proposed.

In addition, the Service will undertake a peer-review process to review the findings for the species proposed for listing.

The Service welcomes new information concerning the status and threats to the species not proposed to assist in monitoring the conservation status of these other penguin species.

Public comments on the proposed rule may be submitted by one of the following methods:

• Federal eRulemaking Portal:http://www.regulations.gov. Follow the instructions for submitting comments.
• U.S. mail or hand-delivery: Public Comments Processing, Attn: FWS-R9-IA-2008-0068 (for African penguin); Attn: FWS-R9-IA-2008-0069 (for Southern rockhopper penguin, Campbell Plateau portion of its range); or FWS-R9-IA-2008-0118 (for yellow-eyed penguin, white-flippered penguin, Fiordland crested penguin, erect-crested penguin, and Humboldt penguin); Division of Policy and Directives Management; U.S Fish and Wildlife Service; 4401 N. Fairfax Drive, Suite 222, Arlington, VA 22203.

The Service cannot accept email or faxes. All comments received will be posted on http://www.regulations.gov. This generally means that the agency will post any personal information that may be provided.

The Service's finding on these penguin species was made in response to a petition from the Center for Biological Diversity received on November 29, 2006.

The mission of the U.S. Fish and Wildlife Service is working with others to conserve, protect and enhance fish, wildlife, plants and their habitats for the continuing benefit of the American people. We are both a leader and trusted partner in fish and wildlife conservation, known for our scientific excellence, stewardship of lands and natural resources, dedicated professionals and commitment to public service. For more information on our work and the people who make it happen, visit www.fws.gov.

[Dave H]

Looks like it's back to court ...

For Immediate Release, October 6, 2009
Contact:     Shaye Wolf, Center for Biological Diversity, (415) 632-5301; cell (415) 385-5746
Todd Steiner, Turtle Island Restoration Network, (415) 663-8590 x 103

Feds Will Face Lawsuit for Denying Penguins Endangered Species Protections
Emperor Penguins March Toward Extinction As Global Warming Melts Habitat

SAN FRANCISCO— The Center for Biological Diversity and Turtle Island Restoration Network today notified the Department of the Interior of their intent to file suit against the agency for denying necessary protections under the Endangered Species Act for emperor and rockhopper penguins, despite clear scientific evidence that the species are threatened by global warming. The emperor penguin, the most ice-dependent of all penguin species, is threatened by the loss of its sea-ice habitat as well as declining food availability wrought by the warming ocean off Antarctica. Just last month, scientists analyzing NASA data announced that ice melt in western Antarctica has accelerated to profound levels and ice sheets are shrinking much faster than predicted.

“Right now penguins are marching toward extinction due to the impacts of global warming,” said Shaye Wolf, a seabird biologist with the Center for Biological Diversity. “Protecting penguins under the Endangered Species Act is an essential step toward saving them.”

Today’s notice challenges a decision made under the Bush administration that global warming impacts are too “uncertain” to warrant protecting emperor penguins. The notice also challenges denials of protection for northern rockhopper penguin and all but a few populations of southern rockhopper penguin. In 2006, the Center for Biological Diversity filed a petition to list 12 penguin species as threatened or endangered. The Interior Department conducted status reviews for 10 of those species. After delays and ultimately a court order, the agency proposed listing seven species but denied protection for the remaining penguins, which are the subject of today’s notice.

The emperor penguin colony at Pointe Geologie, featured in the Academy Award-winning documentary March of the Penguins, has declined by more than 50 percent, and scientists predict that sea-ice loss due to climate change will push this colony to the brink of extinction within this century. Another study concluded that 40 percent of the world’s emperor penguins will be in jeopardy from a further temperature rise of 1.3 degrees Celsius, which the world will exceed before mid-century on our current course. Warming ocean temperatures and melting sea ice in the Southern Ocean encircling Antarctica have diminished the emperor and southern rockhopper penguins’ food supply. Commercial fisheries are also a key threat to the penguins.

“Penguins face a double whammy from the threats brought by climate change and industrial fisheries that deplete the penguins’ food supply and entangle and drown the penguins in longlines and other destructive fishing gear. They deserve protection under the Endangered Species Act,” said Todd Steiner, executive director of Turtle Island Restoration Network.

Krill, an essential food source not just for these penguins but also for whales and seals, has declined by as much as 80 percent since the 1970s over large areas of the Southern Ocean with the loss of sea ice. Additionally, ocean acidification resulting from the ocean’s absorption of human-produced carbon dioxide threatens all three penguin species. Scientists predict that acidic ocean conditions may be lethal for key marine organisms at the base of the Southern Ocean food web as early as 2030.

“If the Obama administration is serious about restoring scientific integrity to government decision-making, it will stand behind the sound science showing that global warming is threatening the emperor penguin and protect this species before it’s too late,” said Wolf.

Listing under the Endangered Species Act would provide broad protection to these penguins, including a requirement that federal agencies ensure that any action carried out, authorized, or funded by the U.S. government will not “jeopardize the continued existence” of the penguin species. For example, if penguins are listed, future approval of fishing permits for U.S.-flagged vessels operating on the high seas would require analysis and minimization of impacts on the listed penguins. The Act also has an important role to play in reducing greenhouse gas pollution by compelling federal agencies to look at the impact of the emissions generated by their activities on listed species and to adopt solutions to reduce them.

For more information on penguins and a link to the federal petition, please see: http://www.biologicaldiversity.org/species/birds/penguins/index.html

For a link to the Notice of Intent to file suit, please see: http://www.biologicaldiversity.org/species/birds/penguins/pdfs/Penguin_60-day_notice_10-06-09.pdf

For a link to photos of emperor and southern rockhopper penguins, please see: http://www.biologicaldiversity.org/species/birds/penguins/press_photos.html

The Center for Biological Diversity is a national, nonprofit conservation organization with more than 225,000 members and online activists dedicated to the protection of endangered species and wild places.

Turtle Island Restoration Network is an international marine conservation organization headquartered in California whose 10,000 members work to protect sea turtles and marine biodiversity in the United States and around the world. For more information, visit www.SeaTurtles.org.

# # #

[Bruce McKinlay]

I've often wondered about the merits of this process. But maybe this extract from one of the press releases about potential restrictions on importation into the US means that maybe its got some merit after all.

Listing of penguins under the Endangered Species Act would make import or export of specimens of these species without an ESA permit illegal. Such permits are issued only if an activity has a conservation benefit and it is hoped listing may help focus international attention on the species? conservation needs.

[Bruce McKinlay]

Heres an update on this process.

It looks as if New Zealand penguins, amongst others, are going to receive effort from the US Governemnt because of the impact of climate change.

http://sfappeal.com/alley/2010/06/sf-based-court-settlement-mean-new-protections-for-seven-penguin-species.php

A bit of a shame that the latest checklist does not recognise white flippered penguins

Bruce

[Dave H]

It's official - 3 'species' of NZ penguin are now protected under US law.

I am writing to inform you that today (August 3, 2010), the U.S. Fish and Wildlife Service published in the Federal Register a final rule to list the yellow-eyed penguin (Megadyptes antipodes), white-flippered penguin (Eudyptula minor albosignata), Fiordland crested penguin (Eudyptes pachyrhynchus), Humboldt penguin (Spheniscus humboldti), and erect-crested penguin (Eudyptes sclateri) as threatened under the Endangered Species Act of 1973, as amended (Act). These species are found in New Zealand, Chile, and Peru. This rule implements the Federal protections provided by the Act for these five species. This will become effective on September 2, 2010.

This rule is posted on our website at: http://www.fws.gov/policy/library and at www.regulations.gov. If you have any questions, please feel free to contact me at Amy_Brisendine@fws.gov or 703-358-2171.

Amy Brisendine
U.S. Fish and Wildlife Service
Endangered Species Program
Branch of Foreign Species
4401 N. Fairfax Drive, Rm. 431b
Arlington, VA 22203
703-358-2171
703-358-1735 fax

[Bruce McKinlay]

Hi Amy,
Thanks for posting the note.

Can you tell us what it means for conservation here in New Zealand?

Any chance of American tax dollars supplmenting our meagre efforts?

Regards
Bruce