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Critical Habitat in Southwest

On October 8, 2009, the U.S. and Wildlife Service (Service) finalized designation of 15,164 km2 (5,855 mi2) of critical habitat for the threatened northern sea otter in southwest Alaska. This designation is essentially the same areas we proposed on December 16, 2008 (73 FR 76454). The final rule and final economic analysis can be viewed at http://alaska.fws.gov/fisheries/mmm/ seaotters/criticalhabitat.htm.

What is “critical habitat?” “Critical habitat” is a term in the Act (ESA) that identifies geographic areas that contain the specific habitat elements essential for the conservation of a threatened or endangered species, and which may require special management considerations or protection. Federal Sea are often found in shallow, nearshore marine waters. agencies that undertake, fund or permit activities that may affect critical habitat habitat are required to consult with the When the Service requested public are required to consult with the Service Service to ensure such actions do not comments on the proposed listing, we to ensure such actions do not adversely adversely modify or destroy critical also requested information regarding modify or destroy designated critical habitat. The designation of critical features and specific areas that might habitat. habitat does not affect land ownership have helped us designate critical or establish a refuge, wilderness, habitat. The Service did not receive Where is the critical habitat located? reserve, preserve, or other conservation sufficient information at that time The southwest Alaska distinct area. It does not allow government or to designate critical habitat. When population segment (DPS) of the public access to private lands or limit critical habitat is not determinable, northern sea otter range is from the public access to public or private lands the Service has 1 year from the time of end of the to lower and waters. listing to propose designation of critical western , and includes the habitat. That 1-year period has passed, Kodiak Archipelago. The critical habitat Activities with no Federal connection and we are now required to designate is designated in five discrete units are not subject to these consultation critical habitat for this population of the considered important to the recovery requirements. For example, oil northern sea otter. of the northern sea otter. From west to and gas development within critical east, these are: (1) Western Aleutian habitat would, if federal permitting or Will the designation of critical habitat Unit; (2) Eastern Aleutian Unit; (3) federal funding were involved, require close commercial fishing in southwest South Unit; (4) Bristol consultation with the U.S. Fish and Alaska, similar to what happened with Bay Unit, and (5) Kodiak, Kamishak, Wildlife Service. However, if no Federal Steller sea ? Alaska Peninsula Unit. Within these permits or funds were involved in We do not expect that this designation five discrete units, critical habitat occurs such a project, consultation with the of critical habitat for the southwest in nearshore marine waters ranging Service would not be required. Since Alaska DPS of the northern sea otter from the mean high tide line seaward for August 2005, when sea otters were will result in closure of commercial a distance of 100 meters, or to a water listed as threatened, consultations have fishing in southwest Alaska. Although depth of 20 meters (see map). not stopped any human activities in there is some overlap in the range of southwest Alaska. the Stellar sea and the southwest How will designation of critical habitat Alaska DPS of the northern sea otter, impact human activities in southwest Why is critical habitat being designated the two species are very different. Alaska? now? Steller sea lions eat fish, and they Now that critical habitat has been Critical habitat for the southwest congregate in large numbers at specific designated, federal agencies that Alaska DPS of the northern sea sites known as haulouts and rookeries undertake, fund or permit activities (a otter was not determinable when it but feed in open waters. Federal nexus) that may affect critical was originally listed in August 2005. Sea otters eat primarily benthic (bottom-dwelling) invertebrates; for example, in the Aleutians their diet Alaska consists mostly of sea urchins, , , and some bottom . They Bering Sea require cover and shelter from marine predators, especially killer whales. The areas sea otters requires for food and Bristol cover are primarily shallow (less than Western Aleutian Eastern Bay 20 meters deep), nearshore (within 100 Kodiak, meters of the mean tide line) waters. Aleutian Kamishak, Alaska In addition, the area that we have Peninsula designated as critical habitat for sea South otters is only 4% of the area designated Alaska for Steller sea lions. Much of the Peninsula designated sea otter critical habitat is Gulf of contained within existing Steller 0 75 150 300 450 600 Miles Alaska critical habitat. Kilometers 0 75 150 300 450 600 µ What are some of the theories about why the sea otter population has declined? Location of critical habitat units. Only areas that meet the definition of critical In the Aleutian Islands, where the bulk habitat within these units is actually designated as critical habitat. of research on the sea otter decline has occurred, there is no evidence that the If killer whales are the cause of the are allowed to hunt marine decline has been caused by starvation, decline, how does this critical habitat for subsistence purposes and to create disease, or contaminants. The weight designation address the problem? and sell authentic articles of handicraft of evidence suggests that increased Surveys over the past several years and clothing made from marine predation by killer whales (Orcinus indicate that the majority of the sea parts. The ESA also includes orca) is the most likely cause of the otters that remain in the Aleutian a provision that would allow Alaska decline. There is some disagreement Islands are found close to shore in Native residents of coastal villages to within the scientific community shallow water or dense beds. conduct subsistence harvesting of sea regarding why killer whales may have These areas may provide sea otters otters from the southwest Alaska DPS. increased their predation of sea otters, with protection from predators, such as however. killer whales. By protecting these areas Will subsistence hunting be affected by from modification or destruction, we can this action? Why would killer whales have started ensure that the remaining sea otters No. The ESA (like the MMPA) has a eating sea otters? have places where they can go to escape provision that allows Alaska Natives to In a paper published in the October from predators. harvest listed species for subsistence 16, 1998 issue of Science, researchers purposes. This provision does not hypothesized that killer whales may Are sea otters hunted today? constitute a Federal connection, so there have begun eating sea otters in Yes, to a limited extent. The Marine is no consultation required under the response to declines in other prey items, Mammal Protection Act of 1972 (MMPA) ESA. specifically harbor seals and Steller prohibits the “take” of marine mammals, sea lions. Declines in those species are which includes sea otters. Under the believed to be due to changes in the MMPA, take is defined as “hunt, harass, composition and abundance of forage capture, or kill.” The MMPA provides fish, possibly as a result of commercial an exemption for Alaska Natives, who fishing practices and environmental changes. The role of climate change in the sea otter decline is unknown.

U.S. Fish & Wildlife Service For more information please contact: Visit the Marine Mammals home page: 1 800/344 WILD Douglas Burn 907/786 3800 http://alaska.fws.gov/fisheries/mmm/index.htm http://www.fws.gov [email protected]

Cover photo courtesy of Randall Davis, U.S. Fish & Wildlife Service Texas A&M University Marine Mammals Management Office 1011 East Tudor Road October 2009 Anchorage, AK 99503