Chapter III — Species of Special Concern 
advised the Commission that it was recommending 
that the Department of the Interior remove the eastern 
North Pacific gray whale population from the List of 
Endangered and Threatened Wildlife. The Service 
also provided a “notice of determination” that it had 
sent to the Federal Register for publication. 
The Federal Register notice provided a comprehen- 
Sive assessment of present and foreseeable threats to 
the species and its habitats, including a re-analysis of 
past biological opinions concerning proposed oil and 
gas lease sales in the Bering and Chukchi Seas. The 
assessments supported the Service’s finding that, while 
certain human activities pose threats to individuals and 
habitats of special importance, the eastern Pacific gray 
whale population is neither in danger of extinction 
throughout all or a significant portion of its range, nor 
likely to again become endangered within the foresee- 
able future in any portion of its range. In this con- 
text, the assessment concluded that existing national 
and international regulatory mechanisms are adequate 
to protect essential habitats, as well as the population. 
With respect to follow-up, the Service indicated 
that it planned to continue biennial shore counts to 
monitor population size and that it believed this would 
provide adequate warning of any future population 
decline. The Service also indicated that, to the extent 
possible, it would establish a long-term cooperative 
research program with Mexico to monitor trends and 
abundances in the Baja California breeding lagoons. 
In addition, the Service indicated that it would contin- 
ue to work with and coordinate research through the 
International Whaling Commission to ensure adequate 
protection for gray whales. With respect to habitat 
assessment and monitoring, the Service noted that 
limited funding was available and that in its view 
there were other research programs that should be 
afforded higher priority for funding. 
At the end of 1992 the planned 1992-1993 biennial 
census of the gray whale winter migration had begun. 
America’s Cup Races 
As a related matter, the issue of adverse effects of 
human activities on gray whales arose during the 
International America’s Cup Regatta, held off San 
Diego from January to May 1992. At the outset of 
65 
the races, there were reports of spectator boats 
harassing migrating gray whales. On 16 January 1992 
the Commission contacted the local Coast Guard 
District Commander to explain the implications of 
whale harassment in light of the Marine Mammal 
Protection Act, and to suggest that the Coast Guard 
periodically broadcast an advisory to all boaters on the 
VHF radio. In response, the Coast Guard immediate- 
ly broadcast advisories on appropriate radio frequen- 
cies and continued them throughout the races. 
On 17 January 1992 the Commission wrote to the 
National Marine Fisheries Service suggesting that the 
Service prepare and provide boaters associated with 
the race a brief fact sheet describing the basic life 
history of gray whales; relevant whale watching 
guidelines; applicable provisions of the Marine 
Mammal Protection Act and the Endangered Species 
Act; and the civil and criminal penalties under those 
statutes. The Service subsequently prepared and 
distributed a fact sheet. 
On 23 January 1992, the District Commander 
wrote to thank the Commission for its assistance and 
guidance and to indicate that National Marine Fisher- 
ies Service and Coast Guard personnel were checking 
into each report of harassment. 
Killer Whale 
(Orcinus orca) 
Killer whales occur in all oceans of the world from 
polar to equatorial latitudes and in both coastal and 
pelagic regions. In the United States, killer whales 
are most common in Puget Sound, Washington, and 
the coastal waters of Alaska. Killer whales are highly 
social and form long-term associations along maternal 
lines. The basic social unit is the “pod.” 
In the past, killer whales have been hunted com- 
mercially; however, exploitation was never large- 
scale. The most recent commercial take of killer 
whales was by the former Soviet Union in the Antarc- 
tic in 1979-1980. 
Killer whales have been captured for public display 
in oceanaria and zoos since the early 1960s. They 
