MEMORANDUM

TO:                Ron Long, Assembly President

                        Members, Kenai Peninsula Borough Assembly

FROM:          John J. Williams, Kenai Peninsula Borough Mayor

DATE:           September 29, 2006

SUBJECT:    Resolution 2006-089, authorizing the mayor to contract with Robertson Monagle and Eastaugh to represent the borough regarding the proposed “critically endangered” listing of the Cook Inlet Beluga Whale and transferring $25,000 from the legal department budget to the nondepartmental budget for the contract

                                    In Resolution 2000-044, the Kenai Peninsula Borough Assembly authorized the mayor to intervene in a U.S. District Court case brought by numerous plaintiffs seeking to compel the designation of the Cook Inlet Beluga Whale under the Endangered Species Act. The borough intervened in that action along with the Municipality of Anchorage and the Matanuska-Susitna Borough. The defendants, including the borough, prevailed, and the case ultimately was dismissed after the plaintiffs appealed. The three municipalities were represented by Steve Silver of Robertson Monagle and Eastaugh (“ROMEA”) in that case.

Since that time, the counts of the Cook Inlet Beluga Whale have not increased, and, in 2005, the National Marine Fisheries Service issued a draft conservation plan to protect the Cook Inlet Beluga Whale. The borough administration submitted comments on that plan noting numerous instances where scientific data was lacking to support the proposed actions that would have a significant impact on human activity in the Cook Inlet area.

This year, the Trustees for Alaska filed a new petition seeking a designation of the Cook Inlet Beluga Whale under the Endangered Species Act. However, no scientific studies have been completed by the federal government since the action in 2000 to determine the cause of the stagnant population. Additionally, the methodology for counting the population does not appear to be reliable as it is based entirely upon observations from a very small number of flights over Cook Inlet conducted each year.

The administration recently met with representatives from the Matanuska-Susitna Borough and the Municipality of Anchorage, all of whom agreed to seek approval to enter a contract with ROMEA to assist them in obtaining approval to delay further action to designate the Cook Inlet Beluga Whales until sound scientific studies have been conducted to determine the cause for the apparent population stagnation. Also, ROMEA would help to seek funding from the federal government for the National Marine Fisheries Service to conduct this needed scientific research. Each municipality would contribute $25,000 toward the contract if this is approved by the necessary authorities. Your support of this resolution would be appreciated.