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Cook Inletkeeper Watershed Watch

 The Cook Inlet Beluga Whale

* * * ACTION ALERT * * *

(January 2010)

TWO WAYS YOU CAN HELP THE COOK INLET BELUGA WHALE!

BACKGROUND:  After years of foot-dragging, the National Marine Fisheries Service (NMFS) finally listed the beleaguered Cook Inlet Beluga whale under the Endangered Species Act in October 2008.  Now, NMFS is holding public hearings (see schedule below) and taking comments until March 3, 2010 on a proposed rule to establish the Critical Habitat Area needed to help the beluga recover to a healthy population size.

WHY IS THIS IMPORTANT? The Cook Inlet beluga is genetically distinct and geographically isolated from other beluga stocks in Alaska. Scientists estimate that roughly 1300 belugas inhabited Cook Inlet as recently as the 1980’s.  Today, NMFS estimates 321 whales remain, down from 375 individuals in 2008. Unregulated subsistence harvests likely caused their decline, but little information exists to explain why the whale population has not rebounded since unregulated harvests stopped.  Opponents of beluga whale protections complain industry will be harmed, but responsible development and critical habitat protection can and must go hand in hand. The beluga whale is a vital thread in the complex ecological fabric of Cook Inlet, and its survival is essential for a functional ecosystem and the many economies it supports. As a result, it’s important to protect the whale’s critical habitat, and to conduct additional research, to give the Cook Inlet beluga whale a fighting chance.

MAKE TIME TO ATTEND A PUBLIC MEETING!

·        Soldotna:  February 3, 6:00-9:00 PM, Kenai Peninsula Borough Assembly Chambers, 144 N. Binkley Street

·        Homer:  February 4, 6:00-9:00 PM, Alaska Islands and Ocean Visitor Center, 95 Sterling Highway #1

·        Wasilla: February 11, 6:00-9:00 PM, Best Western, Lake Lucille Inn, Iditarod Room, 1300 West Lake Lucille Drive

·        Anchorage: February 12, 6:00-9:00 PM, Loussac Public Library, Wilda Marston Room, 3600 Denali Street

SUBMIT WRITTEN COMMENTS BY MARCH 3, 2010!

See suggested talking points below.  Comments may be sent to (make sure to reference rulemaking no. RIN 0648-AX50):

Mail:    Kaja Brix, Assistant Regional Administrator, Protected Resources, Alaska     Region, NMFS, P.O. Box 21668, Juneau, AK 99802-1668

Web:   http://www.regulations.gov (Reference RIN 0648-AX50)
Fax:     907.586.7557
 

NMFS PROPOSED CRITICAL HABITAT

The map below shows the proposed Critical Habitat. The proposed rule for Cook Inlet beluga whale critical habitat areas is located here.

TALKING POINTS:

·        NMFS’s proposed rule relies on the best available science to identify the physical, chemical and biological factors needed to identify critical habitat for the Cook Inlet beluga whale. Now NMFS must move quickly to develop and implement a recovery plan to give the beluga whale a fighting chance.

·        NMFS’s proposed rule identifies two distinct critical habitat areas (i.e. Areas 1 & 2). Yet as NMFS’s Conservation Plan notes, both areas are important habitat for the beluga whale.  Science and law require both areas to be protected, and NMFS should clearly include these areas in the final critical habitat rule. 

·        All upriver areas where belugas have been known to feed should be included in the critical habitat area, as should all upriver areas supporting beluga prey habitat, because they are “essential for conservation.” There are substantial benefits for protecting these habitats and the vital economies they support.

·        The critical habitat designation will not hamper responsible development.  Based on tens of thousands of reviews across the nation on development projects in areas containing endangered species, less than 1% of projects are significantly curtailed, because responsible development and endangered species protection can and do go hand in hand (see support memo here).

·        NMFS should not exclude any areas from the critical habitat area simply because powerful interests request such exclusions. NMFS’s own analyses show that mitigation costs are relatively low compared to the benefits of a viable, healthy beluga whale population.

MORE INFORMATION:

National Marine Fisheries Service

Alaska Center for the Environment 

Audubon Alaska

Cook Inletkeeper

Center for Biological Diversity

Defenders of Wildlife

Natural Resources Defense Council

Ocean Conservancy

If you have any questions, contact Cook Inletkeeper: 907.235.4068 x22 or keeper@inletkeeper.org.

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Alaska Center for the Environment  ·  Center for Biological Diversity

Cook Inletkeeper · North Gulf Oceanic Society

Natural Resources Defense Council

PRESS RELEASE (PDF Version)

For Immediate Release:   December 1, 2009                          

For More Information:

Craig Matkin, NGOS: 907.299.0677  

Brendan Cummings, CBD:760.366.2232 x304

Bob Shavelson, CIK: 907.299.3277

Cook Inlet Beluga Whale to Gain Habitat Protection

Proposal Relies on Science Over Politics to Protect 3,000 Square Miles as Critical Habitat for Endangered White Whale

ANCHORAGE, AK – The federal National Marine Fisheries Service (NMFS) today took an important step toward protecting critical habitat under the Endangered Species Act (ESA) for the Cook Inlet beluga whale in Alaska by proposing to designate more than 3,000 square miles of the imperiled whale’s habitat for protection. The overdue proposal comes after a 2007 petition by various local and national groups to NMFS to list the beluga under the ESA, and on the heels of a formal notice of intent to sue by the Center for Biological Diversity.

Once habitat is designated, federal agencies are prohibited from taking any actions that may “adversely modify” it. Species for which critical habitat has been designated have been found to be more than twice as likely to be recovering, and less than half as likely to be declining, as those without it.

“NMFS has clearly relied on the best available science to identify and designate the habitat needed to give the Cook Inlet beluga whale a fighting chance at survival,” said marine mammal biologist Craig Matkin, Executive Director of the North Gulf Oceanic Society. 

In October 2008, NMFS listed the whale as endangered over the objections of then-governor Sarah Palin. The listing occurred following petitions and litigation by the Center for Biological Diversity (CBD) and local and national organizations. However, rather than designate critical habitat for the beluga at the time of listing as required by the Endangered Species Act, NMFS deferred habitat protection for a year. That year came and went with no action by NMFS, and on October 29, 2009, CBD formally notified the agency that it would file a lawsuit to force the overdue designation.

“If we quickly act to designate and protect the critical habitat of the Cook Inlet beluga, this highly imperiled whale has a real chance of recovery,” said Rebecca Noblin, attorney at the Center for Biological Diversity’s Anchorage office.  “A species as critically imperiled as the Cook Inlet beluga whale should not have to endure further delay before its habitat is truly protected.”

Today’s proposal triggers a public comment period and likely public hearings before the rule is finalized and takes legal effect.

“Cook Inlet beluga whales are one of the most endangered populations of marine mammals in the world,” said Taryn Kiekow, staff attorney with the Natural Resources Defense Council’s Marine Mammal Protection Project. “The decision to designate critical habitat is long overdue and absolutely necessary to preserving and protecting this unique population from further harm.”

The Cook Inlet beluga whale is a genetically distinct and geographically isolated population whose numbers have plummeted in recent decades. Recent surveys show the Cook Inlet beluga whale’s population now hovers between 300 and 400 animals, down from an estimated population of approximately 1,300 whales in the 1980s. The Cook Inlet beluga whale is one of five populations of beluga, or white whales, in Alaska.

“Historic data shows that ESA listings and healthy economies go hand in hand, said Toby Smith, Executive Director of the Alaska Center for the Environment. “This habitat designation will bring about the balance we need to promote truly responsible development while protecting one of Alaska’s most popular wildlife icons.”

The original decline of the Cook Inlet beluga was likely caused by unregulated harvests, but the population has failed to rebound since hunting was curtailed in 1999, indicating that other factors likely are interfering with its recovery.

Cook Inlet is the most populated and fastest-growing watershed in Alaska, and is subject to significant offshore oil and gas development in beluga habitat. Additionally, other sources will require heightened attention, including polluted runoff and sewage, noise, the proposed Knik Arm Bridge, the Port of Anchorage expansion, the proposed Chuitna coal strip mine and the proposed export facility for the Pebble mine.

“Today’s proposal is an important step toward embracing science and not politics to protect the Cook Inlet beluga, but protections for the whale remain far from complete,” said Bob Shavelson, Executive Director of Cook Inletkeeper. “Now NMFS needs to prepare a recovery plan and start to seriously scrutinize activities that destroy beluga habitat.”

In January 2009, former governor Sarah Palin announced the state of Alaska would sue the federal government to overturn endangered species protections for the beluga. While her successor has shown a similar hostility to science-based habitat protection, the state has yet to file a lawsuit.

“It makes little sense for the State to waste public dollars trying to fight the science that supports the beluga habitat designation,” Noblin said. “If the state wants to act in the best interests of Alaskans, it will work to safeguard Cook Inlet, which will not only protect the beluga whale, but the whole ecosystem, including the fish and fisheries that depend upon it.”

More information on the Cook Inlet beluga whale:

Center for Biological Diversity:

www.biologicaldiversity.org/species/mammals/Cook_Inlet_beluga_whale/index.html.

Cook Inletkeeper:

www.inletkeeper.org/watershedWatch/Beluga.htm

Defenders of Wildlife:

http://www.defenders.org/wildlife_and_habitat/wildlife/beluga_whale.php

Natural Resources Defense Council:

http://www.nrdc.org/wildlife/habitat/esa/alaska03.asp

National Marine Fisheries Service:

www.fakr.noaa.gov/newsreleases/2009/cibelugas1209.htm

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PRESS RELEASE - FOR IMMEDIATE RELEASE: January 14, 2009

FOR MORE INFORMATION

Craig Matkin, NGOS:  907.299.0677

John Schoen, Audubon: 907.276.7034

Bob Shavelson, Inletkeeper: 907.299.3277

Brendon Cummings, CBD: 760.366.2232x304

Karla Dutton, Defenders: 907.276.9420 

Palin Lawsuit Against Beluga Whales Ignores Science

Experts Agree Whale is Endangered 

ANCHORAGE – The Palin Administration’s recent announcement to challenge the listing of the Cook Inlet beluga whale under the federal Endangered Species Act (ESA) drew a sharp rebuke from scientists and citizens’ groups today.  The National Marine Fisheries Service (NMFS) listed the beluga whale as “endangered” in October 2008 after an exhaustive scientific review.  The State of Alaska announced its intent to challenge the listing in a January 12, 2009, letter to NMFS.

            “It seems the Palin Administration only likes one kind of science – the kind it agrees with,” said Craig Matkin, an Alaskan marine mammal expert with the North Gulf Oceanic Society.  “Every objective expert who’s looked at this small and isolated population agrees it should be listed.”

            In 2006, the renowned World Conservation Union (IUCN) put the Cook Inlet beluga whale on its “Red List” for critically endangered species.¹  IUCN relies on scientific experts well-versed in marine mammal population dynamics to develop its recommendations; the only IUCN category above “critically endangered is “extinct”.

            The U.S. Marine Mammal Commission – the expert agency charged by Congress with protecting the nation’s marine mammal populations – has repeatedly called for an endangered species listing for the Cook Inlet beluga whale.²

            “The science supporting this listing is unequivocal and a listing decision was supported by the prestigious U.S. Marine Mammal Commission.  An ESA listing of the Cook Inlet population of beluga whales is clearly a case where science and the rule of law should prevail,” said Dr. John Schoen, Senior Scientist at Audubon Alaska.

            “The ESA has a long, demonstrated history showing that responsible development and endangered species can co-exist,” said Bob Shavelson, Executive Director of Cook Inletkeeper. “The Palin Administration should respect the science and the rule of law, not throw public tax dollars at a frivolous lawsuit.”

            “Once again Governor Palin has demonstrated either a complete lack of understanding or lack of concern over the plight of endangered species,” said Brendan Cummings, Oceans Program Director at the Center for Biological Diversity.”

            “The good news is that with the ESA listing we are already in the process of finding out why the whales are not thriving and what we should do to reverse the decline. The Cook Inlet beluga whale population cannot recover without our help, but the Governor is using precious state funds and staff resources to block our collective efforts. We’re disappointed but not surprised,” concluded Karla Dutton, Alaska Director of Defenders of Wildlife.

            Additional information on the long history of NMFS’s scientific and policy inquiry into the Cook Inlet beluga whale listing can be found at: 

http://www.fakr.noaa.gov/protectedresources/whales/beluga/management.htm#esa 

1 See IUCN Red List: www.iucnredlist.org/details/61442#nogo1

2 See U.S. Marine Mammal Commission: www.mmc.gov/species/belugawhale.html

Press Release (pdf)

Thank YOU!

On August 3, 2008, the National Marine Fisheries Service officially closed the public comment period on whether to list the Cook Inlet beluga whale under the federal Endangered Species Act (ESA).  Inletkeeper was lead petitioner in April 2005 when Trustees for Alaska filed legal papers requesting NMFS to list the beluga under the ESA.  NMFS held public hearings in Homer, Anchorage, Soldotna and Silver Spring, MD in July 2007, and the public testimony strongly supported listing the beluga. Additionally, Inletkeeper and its state and national allies helped generate over 150,000 comments to NMFS in support of listing! Not surprisingly, the State of Alaska, local municipalities and extractive industries vigorously opposed extra protections for the beluga whale.  You can read comments submitted by NRDC and the Center for Biological Diversity on behalf of Inletkeeper and others here, and you can read Governor Palin's press release and the State of Alaska's comments here.  NMFS now has 12 months to list the beluga under the ESA, and Inletkeeper will continue to fight short-sighted projects that threaten important beluga whale habitat.

THE PROBLEM:     The Cook Inlet beluga whale (Delphinapterus leucas) is a genetically distinct and geographically isolated population whose numbers have plummeted over 50% in the past decade.  The beluga’s plight is so dire the National Marine Fisheries Service recently proposed an “endangered” listing for the whale under the Endangered Species Act.  While subsistence hunting has been blamed as a primary cause for the whale’s decline, tight controls on subsistence harvests have not resulted in the population rebound agency scientists predicted.  Sewage discharges, oil and gas wastes, polluted run-off, shipping traffic, noise, and habitat loss are but a few of the possible issues affecting beluga recovery.  In 2006, the experts at the World Conservation Union (IUCN) put the Cook Inlet beluga on the “red list” for critically endangered species.  Current surveys suggest only 250-350 whales remain in Cook Inlet (from historical highs around 1300 animals).  One major stranding event or oil spill could spell the end for this Cook Inlet icon. Large corporations and local politicians are fighting the listing process, so it’s up to YOU to ensure our kids can enjoy the Cook Inlet belugas for years to come.

For more information, see:

April 19, 2007 Conservation Group Press Release

Proposed Beluga Whale Endangered Rule

NMFS Press Release

BACKGROUND:  The Cook Inlet beluga whale (Delphinapterus leucas) is a genetically distinct and geographically isolated population whose numbers have plummeted over 50% in the past decade.  Today, federal agency scientists estimate fewer than 280 belugas remain in Cook Inlet – down from historical estimates of 1300.  The whale’s plight is so dire the World Conservation Union in April 2006 added the Cook Inlet beluga to its “Red List, ” classifying it as “critically endangered.”  There is only one category after critically endangered:  “extinct.” The Cook Inlet beluga is already listed as “threatened” under the U.S. Marine Mammal Protection Act (MMPA).  Now, in light of continuing population declines, the National Marine Fisheries Service (NMFS) has opened pubic comment on a “status review,” to determine whether the Cook Inlet beluga should be listed under the Endangered Species Act (ESA).  Scientists at the U.S. Marine Mammal Commission – the federal agency mandated by Congress to oversee NMFS and to protect the nation’s marine mammal resources – have repeatedly called on NMFS to list the beluga under the ESA.  Such a listing will require NMFS to designate and protect critical habitat for the beluga, and offers the best hope this Cook Inlet icon will endure for generations to come.

Threats to the Cook Inlet beluga whale:  Cook Inlet is the most populated and fastest growing watershed in Alaska.  The state’s largest city – Anchorage – lies adjacent to some of the most important beluga habitat in the region.  Polluted run-off from rain and snowmelt, combined with large sewage discharges, pour directly into prime beluga feeding, mating and birthing habitats.  Cook Inlet is also the birthplace of commercial oil and gas development in Alaska, and underwater seismic blasting, toxic dumping from offshore platforms, and regular leaks and spills threaten the whales and their habitat.  The U.S. Army also retains a presence in Cook Inlet, and its bombing range at Eagle River Flats on Fort Richardson regularly showers toxic and other pollutants into areas that support belugas and their prey.  Cook Inlet is also a major shipping hub and fishing center, and ship traffic, noise, port dredging and prey disturbance may also be affecting belugas. 

 In addition to existing development, a series of proposals raises serious concerns about the future for beluga whales in Cook Inlet.  For example, the Port of Anchorage plans to fill over 135 acres of beluga habitat as part of a major expansion project, and proposed dredging associated with the expansion will impacts hundreds of additional acres.  Another proposed addition to the Port is the Department of Homeland Security’s “Integrated Anti-Swimmer Device” – a complex sonar array designed to thwart waterborne attacks on the Port.  Sonar is well-known to cause problems with whale “echolocation,” but information on IAS impacts to belugas has not yet been determined.  Furthermore, the Chuitna Coal Project, lying southwest of Anchorage, is slated to begin permitting this summer, and if developed, would add another major industrial port in an area important to belugas.  Finally, plans continue to progress for the Knik Arm Crossing, a new bridge and fill project that would bisect some of the most important beluga habitat in the entire Inlet, just outside of Anchorage.

 Aside from aerial surveys and limited tissue sampling, there has been no concerted effort to understand even the most basic behaviors of the Cook Inlet beluga, let alone any serious attempts to understand the individual and cumulative effects from industrial activities.  Cook Inlet boasts the highest tidal range in the United States, and one or more mass strandings on the region’s shifting shoals could be enough to push the beluga over the brink to extinction.

 Background on the Cook Inlet beluga whale:  Alaska Native traditional knowledge tells of beluga subsistence hunts for the past several hundred years in Cook Inlet, and early homesteaders are known to have hunted for food, sport and whale bones.  In the early-to-mid 1990’s, unregulated subsistence hunting (permitted for Native Alaskans under federal and international law) led to high mortality within the Cook Inlet beluga stock.  In 1999, Congress passed legislation making it illegal for anyone to “take” a Cook Inlet beluga whale unless such harvest occurred under a cooperative management agreement between Native Alaska hunters and the National Marine Fisheries Service.  Subsequent co-management agreements sharply curtailed subsistence hunting, and NMFS biologists predicted the Cook Inlet beluga population would rebound to sustainable levels.  In 2000, NMFS refused to list the whale under the Endangered Species Act, and instead chose the less rigorous protections afforded by a “depleted” listing under the Marine Mammal Protection Act (MMPA).  Five years after the MMPA listing – in March 2005 - NMFS finally published the draft Conservation Plan required by the MMPA, and as of May 2006, the final plan had yet to be released.  In April 2006, with the latest surveys estimating only 278 whales remaining, NMFS opened public comment on a status review, to determine whether the Cook Inlet beluga whale should be listed under the Endangered Species Act.

 INLETKEEPER’S SOLUTIONS 

Inletkeeper is pressing state and federal resource managers to designate critical habitat for the beluga whale under the Endangered Species Act, so areas where whales feed, mate and birth can be protected.  In the meantime, Inletkeeper is educating the public and the media about the plight of this Cook Inlet icon, and challenging short sighted proposals that pollute or destroy important beluga habitat.  Contact Inletkeeper for more information.

TAKE ACTION 

·         Write to your elected official

·         Write a letter to the editor

·         Sign-up for action alerts on breaking news

·         Forward this page to a friend

·         Check back here for updates

·         Join Inletkeeper!

 ADDITIONAL RESOURCES & LINKS (links open in new window)

National Marine Fisheries Service: Cook Inlet Beluga Whale Overview

National Marine Mammal Laboratory Satellite Tracking Data

Alaska Fisheries Science Center

AFSC Beluga Whale Fact Sheet

U.S. Marine Mammal Commission

Alaska Department of Fish & Game

Cetacea.org 

World Conservation Union “Red List” of Endangered Species

Anchorage’s Endangered White Whales

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