Chapter III — Species of Special Concern 
Islands Wilderness Area on the outer coast of Wash- 
ington. It is used as an occasional haulout site by 
California sea lions and harbor seals, and Steller sea 
lions have been observed in the area. It is also used 
by many species of seabirds and waterfowl. 
As discussed in previous annual reports, the U.S. 
Navy has had, throughout World War II and again 
continuously since 1949, the permission of the Depart- 
ment of the Interior to conduct practice bombing on 
Sea Lion Rock. These activities entail the use of inert 
ordnance generally weighing 25 pounds or less. The 
Commission, in letters of 8 February 1991 and 9 May 
1991, advised the Navy and the Fish and Wildlife 
Service, respectively, that the Navy’s use of Sea Lion 
Rock for practice bombing was incompatible with 
conservation of wildlife on the island. In its letters 
the Commission noted, among other things, that 
(1) the Navy’s use of Sea Lion Rock conflicted with 
the islands status as part of a wildlife refuge and a 
wilderness area as well as with its pending designation 
as part of the Olympic Coast National Marine Sanctu- 
ary, and (2) the practice bombing is inconsistent with 
provisions of the Marine Mammal Protection Act, the 
Endangered Species Act, and the Migratory Bird 
Treaty Act, all of which pertain to wildlife species 
found on and near Sea Lion Rock. The Commission 
recommended to the Navy that it cease all practice 
bombing at the site and recommended that the Fish 
and Wildlife Service suspend the Navy’s permission 
to use the island. 
The Navy, by letter of 8 March 1991, and the Fish 
and Wildlife Service, by letter of 3 June 1991, ad- 
vised the Commission that they were undertaking 
reviews of the situation. On 18 May 1992 the direc- 
tor of the Fish and Wildlife Service wrote to the 
Service’s regional director for Region 1, the area 
which includes Sea Lion Rock, regarding the Navy’s 
activities. The letter, citing national defense consider- 
ations, stated that a decision had been made “not to 
elevate this issue or to recommend to the Secretary [of 
the Interior] that the existing letter of permission be 
canceled.” The letter recommended that the regional 
director develop a written agreement with the Navy to 
“clearly identify those actions that will be taken to 
minimize disturbance to wildlife,” including “im- 
proved marking of islands, enhanced compliance with 
flight operation plans and periodic monitoring of 
39 
bombing activities and the effects on wildlife.” 
Although the Navy is sensitive to concerns about its 
use of Sea Lion Rock, to date, it has been unable to 
find an alternative site for its training needs. The 
Navy states, however, that its operations plan for the 
Sea Lion Rock area has been modified in recognition 
of the sensitivity of the area. 
On 22 October 1992 the Natural Resources De- 
fense Council and the Sierra Club Legal Defense 
Fund, on behalf of Defenders of Wildlife and several 
other environmental organizations, filed suit (Defend- 
ers of Wildlife v. Lujan) in the U.S. District Court for 
the Western District of Washington against the De- 
partment of the Interior, the Fish and Wildlife Ser- 
vice, and the Navy. The suit challenges the Navy’s 
use of a national wildlife refuge and wilderness area 
for practice bombing and charges the Department of 
the Interior and the Fish and Wildlife Service with 
failing to enforce and thus being in violation of pro- 
visions of the National Wildlife Refuge System 
Administration Act and the Wilderness Act. Plaintiffs 
also claim the Navy is violating the provisions of the 
Marine Mammal Protection Act that prohibit taking of 
marine mammals without authorization. As of the end 
of 1992 the Navy was applying for incidental take 
permits under both the Marine Mammal Protection 
Act and section 7 of the Endangered Species Act. 
The plaintiffs are seeking to halt all practice 
bombing on Sea Lion Rock by enjoining the Fish and 
Wildlife Service from allowing the Navy to undertake 
such activities and by enjoining the Navy from “ha- 
rassing or otherwise taking marine mammals in the 
Sea Lion Rock area without complying with the 
procedural and substantive requirements of the Marine 
Mammal Protection Act.” 
The Federal Government’s answer to the complaint 
in this case is due to be filed by 19 February 1993. 
Harbor Seal in Alaska 
(Phoca vitulina) 
Harbor seals inhabit temperate and sub-arctic 
coastal waters in the North Pacific and North Atlantic 
Oceans and contiguous seas. In the North Pacific, 
