Saving Seafood

Alaska asks judge to toss critical habitat for threatened seals

April 28, 2024 — Alaska’s fight against burdensome seal protections continued Thursday, when attorneys for the state and federal government debated whether the feds properly allocated a vast coastal area under the Endangered Species Act.

In April 2022, the National Marine Fisheries Service — also known as NOAA Fisheries — designated critical habitat off the coast of Alaska for Arctic ringed seals and the Beringia distinct population segment of bearded seals as required by the Endangered Species Act. The move came 10 years after the agency listed both species as “threatened” under the act, as actions to designate critical habitat for the seals were deferred when NOAA’s proposed listings were challenged in court.

NOAA’s legal challenges led to a settlement that allowed the agency to complete a final determination of critical habitat in 2022. But now that NOAA has designated critical habitat — 257,000 square miles for the ringed seal and 273,000 square miles for the bearded seals — Alaska claims too much land was designated and that the species are not even threatened.

“By comparison, the state of Texas contains 268,000 square miles while California contains 163,000 square miles,” Alaska wrote in its 2023 complaint. “All of this critical habitat is occupied by members of the two seal species, which are among the most common marine mammals found in the Arctic region.”

The following was released by Courthouse News Service

NOAA Fisheries Designates Critical Habitat for Ringed and Bearded Seals in U.S. Arctic

April 1, 2022 — NOAA Fisheries is designating critical habitat in U.S. waters off the coast of Alaska for Arctic ringed seals and the Beringia distinct population segment (DPS) of bearded seals. Both species are listed as threatened under the Endangered Species Act (ESA).

The ESA requires that NOAA Fisheries designate critical habitat for listed species in areas within the jurisdiction of the United States.

Critical habitat identifies geographic areas that contain features essential to the conservation of a listed species.

For each species, the critical habitat area includes marine waters of the northern Bering, Chukchi, and Beaufort seas. The critical habitat boundaries differ between the two species, reflecting differences in where the essential habitat features for each species are found. For each of the designations, the geographic extent of the critical habitat is discussed in detail in the final rule and is depicted on a map.

The final rule to designate critical habitat for Arctic ringed seals excludes an area of the Beaufort Sea used by the Navy for training and testing activities, based on national security impacts.

NOAA Fisheries considered public comments on the proposed designation, and used the best scientific data available, including independent peer review. Before designating critical habitat, we gave careful consideration to potential economic, national security, and other relevant factors.

Read the full story from NOAA Fisheries

Court approves threatened-species status for ringed seals in Alaska

February 13, 2018 — In a decision based on long-term climate projections, the 9th U.S. Circuit Court of Appeals on Monday affirmed ringed seals in Alaska as threatened under the Endangered Species Act.

The ruling could result in limits on oil and gas projects and other activity in the Arctic. It reverses a 2016 decision by U.S. District Court Anchorage Judge Ralph Beistline.

The National Marine Fisheries Service in 2012 listed the Arctic ringed seal as threatened, based on long-term climate-model projections showing its sea-ice habitat shrinking.

The agency’s finding that the seal “was likely to become endangered within the foreseeable future – was reasonable and supported by the record,” the appeal court’s decision says.

The state of Alaska, the Alaska Oil and Gas Association, and other groups had challenged the listing.

In a related case, the U.S. Supreme Court in January decided not to review the appeals court’s conclusion upholding the threatened listing of Alaska’s bearded seal.

The bearded and ringed seals are “closely related,” the appeals court said Monday. The bearded-seal case adjudicated the same issues, and the court is bound by that precedent, the appeals court said.

The Alaska Oil and Gas Association, the state of Alaska and other plaintiffs had challenged that listing as well.

Kara Moriarty, president of AOGA, called the decisions disappointing. She said there are millions of bearded and ringed seals worldwide.

“The ESA listing was made despite a lack of sufficient scientific evidence to suggest that the species would be threatened any time in the near future,” Moriarty said. “Under such a standard, virtually any and all species could be listed as threatened or endangered under the ESA. All this will do is add additional cost and burden to our industry for seals with extremely healthy populations.”

Kristen Monsell, senior attorney for Center for Biological Diversity, a defendant in the case along with the federal government, said NMFS will implement a recovery plan for the ringed seal and designate critical habitat. The agency in 2014 proposed critical habitat for the seal off Alaska’s northern and western coasts.

To protect the threatened seals, the federal government could set limits affecting industrial activity, Monsell said. Agencies may require, say a re-route of pipeline construction plans, or stopping noisy work during birthing seasons.

Read the full story at the Anchorage Daily News