Judge Halts Hot Branding of Stellar Sea Lions

WASHINGTON, DC, May 31, 2006 (ENS) - A federal judge has ordered an end to invasive research on threatened and endangered Stellar sea lions on the West coast of the United States.

The research at issue involved the annual capture and hot branding of 3,000 Steller sea lions. After branding, the sea lions were subjected to painful research procedures, including teeth extraction and removal of fat and other tissue samples, often with no anesthesia.

In its ruling Friday, the United States District Court for the District of Columbia put a hold on additional research until the agency complies with the Marine Mammal Protection Act, the National Environmental Policy Act (NEPA) and the Endangered Species Act.

The case was filed by The Humane Society of the United States (HSUS) in July 2005 after the National Marine Fisheries Service (NMFS) issued numerous permits authorizing invasive research on the animals.

In her order, Judge Ellen Huvelle granted The HSUS's motion for summary judgment on its NEPA claim, vacated the research permits and any permit amendments, and ordered NMFS to prepare an Environmental Impact Statement prior to issuing permits.

U.S. District Court Judge Ellen Huvelle ruled in favor of the The Humane Society of the United States. (Photo courtesy DC Courts)

The Fisheries Service had argued that the research was necessary to determine the nature and extent of the decline of the species.

But the HSUS succeeded in proving that the research was poorly conceived and could have adverse consequences for the Steller sea lion. The HSUS was represented pro bono by the law firm of Latham and Watkins and Kimberly McCormick, a public interest firm in Washington state.

The HSUS had repeatedly asked the Fisheries Service to conduct a proper environmental evaluation of the effects of the research prior to issuing the research permits; to convene an expert panel to review the best methods of research; and to place a moratorium on the issuance of any further research permits until it has completed an evaluation of impacts of the current research.

John Grandy, senior vice president for wildlife and habitat protection for The HSUS said, "The obligation of scientists and the government to do no harm while conducting research is greatest when dealing with endangered species, whose very future can be jeopardized by invasive or harmful protocols."

Meanwhile, the Fisheries Service has announced the release of a draft revised Steller Sea Lion Recovery Plan for public review and comment, according to a notice published last week in the Federal Register.

“A multi-stakeholder recovery team has been working on this Plan for a long time, and we are very pleased with the outcome at this point,” said Doug Mecum, NOAA Fisheries Service Alaska Region’s Acting Administrator. “We’re hoping that individuals with additional information will send us their comments, so we can continue toward the process of finalizing this important Plan.”

Steller sea lions are found along the rim of the North Pacific Ocean from the Channel Islands in southern California to Hokkaido, Japan, and north into the Bering Sea and Sea of Okhotsk. Their center of abundance has been in the Aleutian Islands and Gulf of Alaska. (Photo courtesy MMC)

The Steller sea lion was listed as a threatened species under the Endangered Species Act on April 5, 1990 due to substantial declines.

In 1997, the Steller sea lion was split into a western distinct population segment (DPS) and an eastern DPS. At this time, the western DPS was uplisted to endangered status due to persistent declines, while the eastern DPS remained threatened.

Surveys in 2002 and in 2004 showed an increase in the western DPS of about three percent per year, the first increase in the population since the 1970s.

The western DPS is currently about 44,800 animals. The eastern DPS is currently between 45,000 and 51,000 animals, and has been increasing at three percent per year for about 30 years.

The Draft Recovery Plan for Steller Sea Lions is found at: www.fakr.noaa.gov/protectedresources/stellers/recovery.htm

The public comment period ends July 24, 2006. Email: SSLRP@noaa.gov. Include in the subject line the following document identifier: Sea Lion Recovery Plan. E-mail comments, with or without attachments, are limited to five megabytes

Mail comments to P.O. Box 21668, Juneau, AK 99802; Fax: 907-586–7012.