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Management and Recovery of Cook Inlet Beluga Whales
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TABLE OF CONTENTS - Management Plan - Hearing with Administrative Law Judge and Parties
PROPOSED ESA LISTING
Public Hearings CONSERVATION PLAN The Marine Mammal Protection Act (MMPA) requires the Secretary of Commerce to prepare a conservation plan to promote conservation and recovery for any species or stock designated as depleted. The Conservation Plan for Cook Inlet Belugas reviews and assesses the known and potential factors influencing the Cook Inlet beluga whale stock. The Plan develops and presents a conservation strategy to guide federal and other actions toward the goal of recovering the stock to a population of no fewer than 780 whales. The recovery time frame will depend on the growth rate within this population. NMFS' models indicate recovery will require at least 30 years under the most optimal conditions.
NATIONAL ENVIRONMENTAL POLICY ACT ANALYSES
The Marine Mammal Protection Act (MMPA) was enacted for the purpose of ensuring the long-term survival of marine mammals by establishing federal responsibility for their conservation and management. The MMPA, section 101(b) contains an exemption from the MMPA’s take prohibition that allows Alaska Natives to harvest marine mammals for subsistence use and for purposes of traditional Native handicrafts. Section 101(b) and section 103(d) of the MMPA require that regulations prescribed to limit the harvest of Alaska Natives be made only when the stock in question is designated as depleted pursuant to the MMPA, and following an agency administrative hearing on the record. Following the depleted determination on May 31, 2000 (FR 65 34590), NMFS proposed regulations limiting the harvest of beluga whales in Cook Inlet, Alaska, on October 4, 2000 (65 FR 59164). The proposed rule’s objective is to recover the depleted stock of CI beluga whales to its optimum sustainable population level while allowing the traditional use of CI beluga whales by Alaska Natives to support their cultural, spiritual, social, economic, and nutritional needs.
Responses to the Draft Management Plan: NMFS initiated a formal administrative hearing, on-the-record, regarding the proposed regulations on May 31, 2000 (65 FR 34590). NMFS convened the hearing regarding the proposed regulations before Administrative Law Judge (ALJ), Parlen L. McKenna, on December 5-8, 2000, in Anchorage, Alaska. On March 29, 2002, ALJ McKenna forwarded to NMFS a recommended decision (Docket Number 000922272-0272-01) based on the discussions at the formal hearing, the administrative record, and written records forwarded to the ALJ. Based on the recommended decision of the ALJ proceedings and information received during the public comment period on the decision, NMFS published final regulations to limit the harvest of CI beluga whales. These regulations were in effect from 2001-2004. At the ALJ hearing, the parties agreed that NMFS would submit a final recommendation on the long-term harvest regime for 2005 and subsequent years to the judge and all parties no later than March 15, 2004. The long term harvest plan is still in progress. Testimony: July 15, 2004 Response to Testimony, July 22, 2004 Long Term Harvest Regime Working Group Meeting Minutes Statutes on the Taking of Beluga Whales INTERIM HARVEST MANAGEMENT PLAN (through 2004)
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