Overview:

The National Marine Fisheries Service (NMFS) has initiated a status review for the Cook Inlet beluga whale population to determine if it should be listed under the Endangered Species Act (ESA). Over-harvesting by subsistence hunters was identified as the primary factor behind the beluga stock declining by nearly 50 percent between 1994 and 1999. NMFS declared the belugas depleted under the Marine Mammal Protection Act (MMPA) in 2000. At that time, they were not recommended for listing under the ESA because the subsistence harvest was believed to have been the cause of the decline and a regulatory regime had been established to restrict the harvest. At the time, RDC intervened on NMFS’ behalf in litigation questioning an ESA designation. The court sided with RDC and the agency.

Due to legislation developed by Senator Ted Stevens, the subsistence harvest (the cause of the decline) is now limited to one or two animals per year under a co-management agreement. NMFS is concerned the population is not trending upward to date. However, the reason for the stagnant numbers remains a mystery to them. NMFS has not identified any development activity that impedes the recovery of the stock.

If NMFS concludes the beluga should be reclassified under the ESA so soon after its declaration under the MMPA, critical habitat designations will likely coincide. Critical habitat designations would pose far-reaching significant impacts to human activities in and around Cook Inlet, including shipping, oil and gas exploration, development and production, wastewater utility discharges, commercial and industrial coastal development, and commercial and sport fishing. An ESA listing will lead to additional consultations, increased costs, and time delays, without clear corresponding benefits to this stock of beluga whales.

Action Requested: 

Please submit comments opposing the listing of Cook Inlet beluga whales under the Endangered Species Act. Encourage the National Marine Fisheries Service to spend its resources on a more accurate count of the belugas and developing a more realistic recovery schedule. Ask the agency to work cooperatively with stakeholders to identify research needs and develop a better understanding of the Cook Inlet beluga whales. In your comments, please be sure to explain the effect an endangered listing would have on you or your activities in the Inlet. Send your comments to:

Points to consider for your comments:

• An ESA listing for the Cook Inlet beluga whale is unwarranted at this time given that NMFS and the CIMMC continue to regulate the subsistence harvest — the sole documented cause for the population’s decline.
• NMFS is unable to accurately count the population’s immature grey whales, making it impossible to develop a precise population estimate. NMFS’s August 2005 survey observed “unusually high numbers of juveniles and calves were present with the white adult belugas.”
• NMFS lacks sufficient data to justify a listing at this time. In fact, the agency has chosen to ignore the results of its own August 2005 survey that produced an uncorrected count higher than the estimates from the previous seven June surveys. The report also references a positive population trend indicating “unusually high numbers of juveniles and calves were present with the white adult belugas.”
• Critical habitat designations in upper Cook Inlet, resulting from an ESA listing, will have significant adverse effects on community and economic development without providing a corresponding benefit to the whales.
• There is no scientific evidence that human factors other than subsistence harvesting have impacted the population. In fact, contaminant levels for the Cook Inlet belugas are lower than those found in similar populations elsewhere.
• Rather than proceed with an uninformed ESA listing, the agency ought to identify the gaps in its understanding of the whales and aggressively pursue actions to address those information shortfalls.
• Commercial and community users of the Inlet are already funding independent studies of the belugas and their habitat and are willing to work with NMFS to develop a greater understanding of the whales.
• An ESA Listing will only lead to additional permitting hurdles and subsequent costs with no added benefit to the recovery of the beluga stock

Deadline for Comments: May 30, 2006