Click to view RDC's Comment Letter

Deantha Crockett's testimony on July 19 in Homer, AK

State of Alaska testimony on July 19 in Homer, AK

Mayor John J. Williams testimony on July 27 in Soldotna, AK

Deadline for comment is August 3, 2007

Overview:

The National Marine Fisheries Service (NMFS) has completed a status review for the Cook Inlet population of beluga whales and has issued a proposed rule to list it as an endangered species under the Endangered Species Act (ESA).  Such a listing could have severe economic impacts to the Cook Inlet region, and indeed all Alaskan industries, without clear corresponding benefits to this stock of beluga whales. 

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. Over-harvesting by subsistence hunters was identified as the primary factor behind the beluga stock declining by nearly 50 percent between 1994 and 1999.  Due to legislation developed by Senator Ted Stevens, the subsistence harvest is now limited to one or two animals per year under a co-management agreement.  In 2000, RDC, the Kenai Peninsula and Mat Su Boroughs, the Municipality of Anchorage and the Alaska Oil and Gas Association intervened on NMFS’ behalf in litigation questioning the depleted designation.  The court sided with the agency and the intervenors, upholding the agency’s decision.

NMFS has not identified any development activity that impedes the recovery of this stock of whales.  If this proposed rule is finalized, critical habitat in Cook Inlet will be designated.  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.

For a copy of the proposed rule, visit:

http://www.fakr.noaa.gov/prules/72fr19854.pdf

Action Requested: 

Please submit comments opposing the proposed listing.  Encourage the agency to utilize all available scientific and commercial data in making its decision, as is required by the ESA.  Encourage the agency to finalize a conservation plan as is required by the Marine Mammal Protection Act and to improve its techniques for accurately assessing the population.  In your comments, please be sure to explain the economic effect critical habitat designation would have on you or your activities in the Inlet.

Submit written comments to:

Deadline for comment is August 3, 2007

Attend a public hearing to present brief testimony:

Homer: July 19 between 6:00 pm and 9:00 pm at the Maritime Refuge, Island and Oceans, 95 Sterling Highway #1, Homer, AK.

Anchorage: July 20 between 3:30 pm and 6:30 pm in the Loussac Public Library, Wilda Marston room, 3600 Denali Street, Anchorage, AK.

Soldotna: July 27 between 6:00 pm and 9:00 pm in the Kenai Peninsula Borough Assembly chambers, 144 North Binkley Street, Soldotna, AK.

Silver Spring, MD: July 31 between 3:30 pm and 6:30 pm at NOAA Headquarters, Building 3, Conference Room 2358, 1325 East-West Highway, Silver Spring, MD.

Points to consider for your comments:

• An ESA listing for the Cook Inlet beluga whale is unwarranted at this time given that NMFS has limited the subsistence harvest — the sole documented cause for the population’s decline.
• NMFS must utilize all available scientific and commercial data in making its decision, as is required by the ESA.  Data from studies funded by the private sector show a growing population.  This data should not be ignored.
• The Marine Mammal Protection Act requires NMFS to complete a conservation plan for Cook Inlet belugas.  This never occurred.  This proposed rule indicates the draft conservation plan is comprehensive and provides recommendations to foster recovery, yet it was never implemented.  This plan, in a revised form, should be implemented and given time to work prior to resorting to the ESA.
• 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.
• The peak population of beluga whales in the 70s, as identified by NMFS, is one that grew with all of the current activities in the Inlet: oil and gas exploration and development, municipal discharge, vessel traffic, sport and commercial fishing.  In its proposed listing NMFS states: “No information exists that beluga habitat has been modified or curtailed to an extent that it is likely to have caused the population declines observed within Cook Inlet.”
• 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.
• NMFS is unable to accurately count the population’s immature grey whales, making it impossible to develop a precise population estimate.
• Commercial and community users of the Inlet are already funding independent studies of the belugas and their habitat and have repeatedly offered to work with NMFS to develop a greater understanding of the whales.  They remain committed to doing so.
• 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 comment is August 3, 2007