By Jason Brune

RDC submitted over ten pages of comments to the National Marine Fisheries Service (NMFS) on the advance notice of proposed rulemaking to designate critical habitat for Cook Inlet beluga whales. The whales were listed under the Endangered Species Act (ESA) last fall and NMFS is now responsible for proposing critical habitat.

NMFS’ biologists have acknowledged the sole cause for the whales’ population decline was the subsistence harvest that transpired in the 1990s. This harvest is no longer occurring and the population has increased 35% in the past three years. This year’s aerial surveys, which usually occur in June, may show this trend continuing.

RDC stated in its comments that critical habitat designation will place additional burden on economic and community development activities in and around Cook Inlet with no clear, corresponding benefit to the stock. Ongoing and proposed activities could potentially be affected through increased time and cost, decreased investment interest, as well as making
them much more susceptible to litigation. Likely affected activities include the Alaska gas pipeline, energy exploration and development, the Chuitna Coal Project, Pebble, the Port of Anchorage Expansion, municipal discharges, the Knik Arm Bridge, Port MacKenzie, commercial and sport fishing, military operations, tourism, vessel traffic, community development, and many others.

The ESA requires the consideration of the economic impact of critical habitat designation. Areas may be excluded from critical habitat if “the benefits of such exclusion outweigh the benefits of specifying such area as part of the critical habitat, unless he (the Secretary) determines, based on the best scientific and commercial data available, that the failure to designate such area as critical habitat will result in the extinction of the species concerned.” RDC encouraged the agency to exclude the entire Cook Inlet as it is clear with the mitigation
and regulatory measures already in place, the extinction of the species will not likely occur.

RDC also urged the agency to follow the requirements of the Endangered Species Act requiring agencies to use “the best scientific and commercial data available.” Millions of
dollars have been spent by RDC member companies on beluga research and this data
must be incorporated into any final critical habitat designations.

RDC has been intimately engaged in the Cook Inlet beluga whale issue over the years, convening large stakeholder group meetings of many potentially-affected users. RDC members who live, recreate, and work in and around Cook Inlet are committed to the recovery of the beluga whale. Over the years, RDC has worked closely with its members and the National Marine Fisheries Service (NMFS) on a number of initiatives to assist in the recovery of the stock.

RDC’s comment letter

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