06/12/2006: "SJ Waters Proposed As Critical Habitat For Orca"

Public Hearing to be held in Friday Harbor in July.

Portions of Haro Strait and waters surrounding the San Juan Islands were designated on June 9th as potential critical habitat. The proposal is intended to protect and increase the killer whale population. A total of 2,500 square miles has been proposed, and this includes all of Puget Sound and the Strait of Juan de Fuca.

The proposal is a direct result of the listing last year of the whales on the endangered list. The pods known as the Southern Resident killer whale population peaked in the 1990's at 97 animals then declined to 79 in 2001. According to the National Oceanic & Atmospheric Administration (HOAA) there are now 90 whales, some with calves that were recently born .

What it may mean to have a Critical-habitat designation is not fully understood at this time. The designation means nothing unless there are policies and regulations. Some indications of the various directions this may be headed may be contained in a "proposed Conservation Plan prepared by the National Marine Fisheries Service (NMFS), Northwest Regional Office. The 183 page plan was issued in August of 2005, however it is not a set of draft regulations, but more of a general study and a proposal of policy. Even in the absence of knowing what policies may end up be enacted, and what specific regulations may be drafted to implement a plan of action, there are already reported concerns by those who feel the proposed designation has too many exclusions, and those who fear there will be regulations that go beyond what is required to protect the Orca. The public hearing in July may help to answer questions and concerns.

The Mammal Protection Act of 1972 requires a conservation plan to be developed that will protect and promote the recovery of the Orca now that it has been listed. Studies of Orca populations showed that between 1996 to 2001 there was nearly a 20 percent decline in the population of the southern residents, and in 2001 this led to a petition for a listing under the Endangered Species Act (ESA). The petition resulted in a study to determine eligibility, and in May of 2003 it was determined that the "Optimal Sustainable Population" (OSP) of the Orca had fallen to a point where it was justified to designate it as depleted.

The call for a conservation plan to reverse the loss of the Orca is a non-specific mandate that leaves room for the generation of a broad range of options that can be put forth, and this in turn can, and already has, generated a broad range of concerns by those who favor the proposal, and by those who question if it will go too far, and be used as an excuse to regulate beyond what is necessary to protect the Orca. The goals set by the Feds to not only protect, but "promote the conservation and recovery" of the Orca, so that the it may be removed from the endangered list is a first step, and has been welcomed by those who work to protect the Orca. Past Story

One of the concerns of those who are nervous about the proposal, is that new regulations to protect the Orca may have impacts on land use and the economy, be it farming, fishing or home building, to name but three. If the measures put in place are successful in protecting the Orca to the point that in can be removed from the endangered list, that does not mean the regulations will be removed as well, since it is the regulations that will be intended to bring back the Orca population, and it is the regulations that would then allow the population to expand, and be maintained, at the target levels proposed by the government.

While the call for public input has now been made, the process has already begun in San Juan County. Previous Story The County Council has been approached by the Seattle based Shared Strategy for Puget Sound (SSPS), who has requested that they be allowed to be a part of the writing of our local county Critical Area Ordinance Previous Story, an ordinance that is required by the Growth Management Act. While the new proposed Critical Habitat for the waters surrounding San Juan County are directly related to the Orca, SSPS are primarily concerned with salmon, and the protection and increase of salmon stock -a food source for the Orca- is of course only one part of any program and set of regulations designed to forward Orca recovery efforts.

The press release states that "Once critical habitat is formally designated, possibly by the end of the year, federal agencies will be required to consult with NOAA Fisheries Service to ensure their actions will not destroy or adversely modify the killer whales' designated habitat. The agency is also producing a killer whale recovery plan, a requirement under the Endangered Species Act, which will be available for public comment later this month".

Now that the proposal has been made, there is a requirement for public input, and surprise, NOAA thinks enough of us to have already scheduled a meeting in Friday Harbor on July 13 (Comments may also be sent until mid-August via e-mail at: orcahabitat.nwr@noaa.gov , or by writing to: Chief - Protected Resources Division, 1201 NE Lloyd Blvd., Suite 100, Portland OR 97322-1274.