Qiapter 11 — Species of Special Concern 



Despite its numerical recovery and evidence that 

 the population may be approaching carrying capacity, 

 the gray whale's nearshore presence exposes it to 

 many threats from habitat degradation and direct 

 physical harm resulting from human activities. 

 Commercial fishing, offshore oil and gas exploration 

 and development, commercial shipping, whale-watch- 

 ing, recreational boating, and military activity pose 

 threats to feeding, breeding, and migratory habitats 

 essential to the survival of the species and to individu- 

 al whales. 



Comprehensive Assessment of Gray Whales 



As noted in the Commission's 1990 Annual Re- 

 port, the IWC conducted a comprehensive assessment 

 of the status of the two extant gray whale populations 

 at a special meeting of its Scientific Committee on 23- 

 27 April 1990. Participants at the meeting concluded 

 that, although recent sightings of gray whales in the 

 area suggest that the western North Pacific population 

 may be recovering slowly, it remains severely deplet- 

 ed. They recommended that research be undertaken 

 cooperatively by the Soviet Union, Japan, the Repub- 

 lic of Korea, the People's Democratic Republic of 

 Korea, and the People's Republic of China to better 

 determine the distribution, abundance, and possible 

 increase of the western North Pacific population. 



With regard to the eastern North Pacific (Califor- 

 nia) population, the participants concluded that the 

 best estimate of population size was a 1988 estimate 

 of 21,113 animals (standard error 688). They also 

 estimated that, between 1968 and 1988, the population 

 had increased at an average annual rate of 3.2 percent 

 (standard error 0.5 percent), despite an average annual 

 Soviet subsistence catch of 166 whales per year during 

 this period. Recognizing the threats posed by coastal 

 development and industrial activity, the participants 

 recommended that the responsible governments 

 continue population censuses and initiate other studies, 

 as necessary, to detect and monitor changes in produc- 

 tivity and other key population parameters. 



Endangered Species Status Review 



Section 4(c)(2) of the Endangered Species Act re- 

 quires that a status review of listed species be con- 



ducted at least once every five years to determine 

 whether any species should be removed from the list 

 or reclassified as endangered or threatened. The 

 National Marine Fisheries Service conducted status 

 reviews of endangered whales, including gray whales, 

 in 1984 and in 1990. The Service's 1984 review 

 concluded that a potential threat to the California gray 

 whale population may be increasing industrial devel- 

 opment and vessel traffic in the calving lagoons and in 

 other vital habitats along the migration route and on 

 the feeding grounds. After taking into account the 

 considerable and continuing growth of the population, 

 the Service concluded that, although the population 

 was no longer endangered, threats to critical feeding 

 and breeding areas and migratory corridors warranted 

 its listing as threatened. The Service also concluded 

 that the western North Pacific stock had not recovered 

 and should remain listed as endangered. 



The National Marine Fisheries Service's 1990 

 status review of endangered whales again noted the 

 numerical recovery of gray whales. It concluded, 

 however, that the California stock has recovered to 

 near its original population size and is neither in 

 danger of extinction throughout all or a significant 

 portion of its range, nor likely to become endangered 

 again within the foreseeable future. 



Proposal To Remove the Eastern 

 North Pacific Gray Whale Population 

 from the Endangered Species List 



In light of the National Marine Fisheries Service's 

 1990 status review, the Northwest Indian Fisheries 

 Commission petitioned the Service on 1 March 1991 

 to remove the eastern North Pacific population of gray 

 whales from the List of Endanger«j and Threatened 

 Wildlife. The petitioners argued that the population's 

 recovery to 2 1 , 1 13 animals and its continuing increase 

 merited removal from the list. The petitioners 

 claimed that leaving gray whales on the list subjected 

 users of living marine resources to unwarranted 

 restrictions and penalties and jeopardized the credibili- 

 ty of the Endangered Species Act. 



On 15 July 1991, the Service sent the Commis- 

 sion a draft Federal Register notice proposing to 

 remove the eastern North Pacific gray whale popula- 



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