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Representative Gail Phillips Session:
State Capitol, Room 411
Juneau, AK 99801-1182
Phone: (907) 465-2689
Fax: (907) 465-3472
Send E-Mail

Interim:
345 W Sterling Highway, Suite 102
Home, AK 99603
Phone: (907) 235-2921
Fax: (907) 235-4008

Sponsor Statement for HJR 28
Cook Inlet Beluga Whale Population

A Resolution requesting that National Marine Fisheries Service (NMFS) and Congress act immediately to reverse the decline of Cook Inlet Beluga whales and regulate the harvest until the population has recovered.

Updated: March 12, 1999

Despite the fact that the available data concerning Cook Inlet Beluga whales is weak and incomplete, the information that is available through agency surveys indicates that this population appears to be declining. If the information is only a relative measure of abundance, the population has declined markedly.

The National Marine Fisheries Service has indicated that its data shows that this population could become extinct within a decade if the present trend is not reversed. According to NMFS this beluga population, estimated at around 350, has declined by nearly 50% since 1994.

Although there are some disagreements as to the accuracy of NMFS data and the cause of the apparent decline, according to the best scientific expertise available the major cause of the decline is hunter harvest. According to NMFS and the Alaska Department of Fish and Game, the harvest needs to be reduced from an annual harvest of about 70 - 80 to less than seven to allow for recovery.

According to the provisions of the Marine Mammal Protection Act (MMPA), Alaskan Native harvest of marine mammals cannot be regulated until a species has been declared depleted. It is recognized that this process is cumbersome and complicated, but the review and finding of depletion is the logical way to proceed, if the present information is even relatively accurate. A finding of depletion under the MMPA provides the federal agency with adequate authority to regulate the harvest until the population has adequately recovered.

We have been advised that some environmental and animal rights groups have petitioned NMFS to list the Cook Inlet Beluga whale under the Endangered Species Act (ESA) as either threatened or endangered. A listing of this species under the ESA could have devastating effects on a variety of economies in Cook Inlet, including oil exploration and production as well as commercial, recreational and subsistence fisheries.

This resolution calls for NMFS and Congress to live up to their responsibilities and address this issue before the agency or the federal courts determine that listing under the ESA is actually warranted. This resolution recommends that NMFS be given clear authority to regulate the harvest through a review and finding of "depletion" under the MMPA and that Congress amend the MMPA to give the agency authority to control the harvest -- at least for a specific period of time.

This resolution also calls for Congress to fund adequate research and management programs for NMFS to address the data deficiencies and to provide adequate funds for management needs. Nothing in this resolution precludes continuing efforts by NMFS and the local Beluga whale hunters from continuing to work cooperatively to address the decline of the whale population.

It is extremely important to stress that there is some urgency here. Continued delays and agency foot-dragging can only lead to severe economic consequences. It is unacceptable for the major economies of this region to be totally dependent on the uncertainties based on the chance that this population will show signs of recovery in subsequent years. Although it is arguable that this population truly qualifies for listing under the ESA at this time, there is little doubt that the federal courts will look favorably on litigation to list this population if the present decline continues. A look at the Steller sea lion in the North Pacific gives us plenty of ammunition to support this claim.

The time for action is now.

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