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HomeMy WebLinkAboutRes2000-134 I I I Sponsored by: Janke CITY OF SEWARD, ALASKA RESOLUTION 2000-134 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, SUPPORTING THE NATIONAL MARINE FISHERIES SERVICE INVESTIGATION OF THE SEA LION POPULATION DECLINE Whereas, the Endangered Species Act is the Federal statute designed to prevent the extinction of animal and plant species in the United States. The ESA requires the Federal Government to take action in those situations where human activities may be jeopardizing the continued existence of endangered species. The ESA also requires the Federal Government to make informed, scientifically based decisions about the impact of human activities on an endangered specie; and Whereas, the best available science supports the decision of the National Marine Fisheries Service to list stellar sea lions as an endangered specie. The cause of such decline in the sea lion population is unknown. Marine biologists have posed a series of alternative theories on the causes in the sea lion decline; and Whereas, the Marine biologists have posed a series of alternative theories on the causes in the sea lion decline; including predation of juvenile sea lions by orcas, regime shift, environmental contaminants, disease, competition with fishing fleets for food, and the impact of climate change on the ability of the North Pacific ecosystem to support a large population of sea lions; and Whereas, the theory that fishing for pollock in steller sea lion critical habitat has effectively deprived the sea lion population of a core prey species and has caused nutritional stress on juvenile sea lions has been used as justification for causing the National Marine Fisheries Service to impose comprehensive fishing regulations on the small boat fisheries in the Gulf of Alaska and the trawl fisheries of the Bering Sea. Admittedly, the science on which this decision was made is not conclusive, and the National Marine Fisheries Service is working to produce a new biological opinion; and Whereas, the fishing regulations have had serious impacts on the ability of fishermen and processing workers to make a living, and have adversely impacted tax revenue and economic activity in the fisher-dependent coastal communities of Alaska; and Whereas, the impacts of fishing on steller sea lions in critical habitat areas, including a thorough and comprehensive analysis of the cumulative impacts of all fishing on sea lions, has not been determined. The effectiveness of existing fishing regulations on reducing nutritional stress in the steller sea lion population has not been evaluated, nor have the number of other alternative theories for the decline been researched; and CITY OF SEWARD, ALASKA RESOLUTION 2000-134 Whereas, in spite of the fact that the best available science is not inclusive, an injunction on fishing in critical habitat under the ESA and the National Environmental Policy Act is in effect; and Whereas, Federal District Court Judge ZiIley has determined that the National Marine Fisheries Service has failed to properly explain the impacts of fishing on stellar sea lions in critical habitat, including a thorough and comprehensive analysis of the cumulative impacts of all fishing on the sea lions. Judge Zilley's ruling was procedural in nature. He did not render an opinion on whether the National Marine Fisheries Service regulations in place were sufficient to prevent adverse impacts on stellar sea lions. The procedural failure to properly evaluate the best available science has led to an injunction on fishing in critical habitat under the ESA and the National Environmental Policy Act; and Whereas, the National Marine Fisheries Service will not be able to establish quotas for next year's pollock, cod, and flatfish fisheries unless or until it publishes another biological opinion which is acceptable to Judge ZiIley. Fisheries Service officials believe that this evaluation could take as long as six months to do properly. The failure to prepare an acceptable biological and environmental evaluation may lead to fisheries closures for trawl and fixed gear fisheries. The Judge's ruling about cumulative impacts also has ramifications for the State-managed salmon and herring fisheries; and Whereas, Senator Ted Stevens has proposed legislation to provide the National Marine Fisheries Service until July 15,2001 to prepare another biological opinion and draft a supplemental environmental impact statement. Senator Stevens' amendment will lift the current Federal injunction and allow the fisheries to resume in a timely fashion. Pollock fishing would continue to be regulated in accordance with the Federal regulations established by the National Marine Fisheries Service in July, 2000. These regulations were designed to minimize the impact of pollock fishing on the sea lion populations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The President ofthe United States, the Secretary of Commerce, and the Congress of the United States agree to the legislation being proposed by Senator Stevens to provide the National Marine Fisheries Service with additional time to prepare a thorough and comprehensive biological opinion and supplemental environmental impact statement. Section 2. The National Marine Fisheries Service dedicate a significant portion of the $24 million to be appropriated in Fiscal Year 2001 to: (1) a scientific investigation of pollock fishing activity inside the sea lion haulout areas to determine if it is in fact contributing to nutritional stress; and (2) scientific investigations into alternative theories, including the impact of climate change on the carrying capacity of the stellar sea lion populations. I I I CITY OF SEWARD, ALASKA RESOLUTION 2000-134 Section 3. The Secretary of Commerce, the Governor for the State of Alaska, and the Alaska Congressional Delegation utilize the Alaska SeaLife Center, the only cold water marine mammal research facility in the Western Hemisphere, which is strategically located adjacent to the area of concern to do and/or coordinate the scientific research necessary to provide public policy makers with the information they need. Section 4. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 6 day of November, 2000. THE CITY OF SEWARD, ALASKA (1-, (> ~,"" ) Edgar Blatchford, Mayor AYES: NOES: ABSENT: ABSTAIN: Blatchford, Brossow, Calhoon, Clark, Orr, Shafer None King None ATTEST: ~~~ City Cler~"IU''', .,\\\" O~ Sc~"" (C,~~)~?:poii1l::!~~\ ~ /-9 ~.. ":- : !.::.....- .~ ~ ... . Sw"AL . - ~G: ~ :e: :: ~ : = ~\ \. --- I II '... '. 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