NMFS
received five letters submitted in response to the invitation,
containing eight unique comments on the proposed data collection. The
comments are summarized and responded to below.  
	
		
		
	
	
		
		
	
	
		
			1. NMFS has not
			adequately consulted with responsible entities in development of
			the proposed data collection, including State of Alaska, NMFS
			Recovery Team Stakeholder Committee, and Alaska Native entities. 
		 | 
	
	
		
			ID 
		 | 
		
			Comment 
		 | 
		
			NMFS Response 
		 | 
	
	
		
			B 
		 | 
		
			…never
			during the [Cook Inlet Beluga Recovery Team]’s planning
			process has the need for such an economic survey been discussed or
			recommended by NMFS or any recovery team member. 
		 | 
		
			Initial development of the
			proposed research as a scientific research project began prior to
			the listing of the Cook Inlet beluga whale under the ESA (initial
			funding for developing the survey was obtained in 2007).  While
			initiated in response to questions raised by NMFS Alaska Region
			staff responsible for preparing federal regulatory review
			documents required under the ESA, NEPA, and Executive Order 12866,
			this study was not designed for, directed by, or coordinated with
			any specific NMFS management action.  In fact, it followed a
			similar research effort by AFSC economists to estimate public
			values for protection of Steller Sea Lions. The Regional staff had
			indicated that there was insufficient information about the
			economic effects of species protection actions in general, and
			with respect to Cook Inlet, specifically.  This information was
			desirable to include in economic analyses of the benefits and
			costs of a range of federal actions being contemplated at that
			time.  Subsequently, a decision was made to list the Cook Inlet
			beluga whale as endangered, under ESA, consistent with NMFS’
			management responsibility.  NMFS then recommended the study be
			made a priority for AFSC economic research.  The bulk of the
			survey was developed and qualitatively tested during 2009-2010,
			prior to formation of the Recovery Team. 
			 
			 
			Regrettably,
			coordination between NMFS economic research staff and Regional
			management staff has been insufficient, resulting in failure to
			adequately communicate ongoing research to the CIBW Recovery Team.
			 In addition, the Federal Register notice published on February 7,
			2012 (77FR6065), did not accurately describe the purpose and
			intent of the research or the current status of the ESA process
			with regard to CIBW.  We recognize these failures of communication
			and will endeavor to better inform the Recovery Team and
			stakeholders as this, and any other relevant economic research,
			proceeds. 
			 
			 
			 
			However,
			the comments reflect a number of apparent misunderstandings
			regarding the role of formal consultation with the Recovery Team
			or other entities in development of this survey. As noted above,
			the research was initiated prior to formation of the Recovery
			Team. As an economic research initiative, the survey project is
			intended to provide information for use, as appropriate, in
			decision analyses for future management actions not yet specified.
			In particular, the information is sought to support comprehensive
			evaluation of all costs and all benefits attributable to Federal
			actions which may be proposed to be taken pursuant to the Recovery
			Plan, as must be prepared under provisions of the National
			Environmental Policy Act, the Regulatory Flexibility Act, and
			Executive Order 12866 prior to adopting such action (see response
			to Comment Item 6 below). 
			 
			 
			The
			research itself does not represent a conservation action or
			Federal program warranting formal consultation under the terms of
			the Cooperative Conservation Partnership between NMFS and the
			State of Alaska or Alaska Native entiries. The research seeks to
			gather unbiased information that describes the opinions and
			preferences of the general U.S. public regarding CIBW recovery for
			potential use in decision analyses that may arise over the
			foreseeable future.  The study will, in no way, alter the role,
			authority, or responsibilities of the Recovery Team Stakeholder
			Panel or its members, or the protected rights and interests of
			Alaska Native entities.  
			 
			 
			 
			The
			survey questionnaire will be distributed to a representative
			sample of U.S. households solely for the purpose of soliciting
			information from members of the public with which to assess their
			familiarity, opinions, and preferences regarding potential
			outcomes for CIBW recovery. The information content of the survey
			has been reviewed by NMFS scientific and management staff in an
			effort to ensure its accuracy for the purpose of the survey, but
			the survey questionnaire is not designed or intended as an
			instrument for use in educational outreach or as a statement of
			federal policy or management intent to the general public. 
			 
			 
			 
			Moving
			forward, we will take necessary action to better inform the
			Recovery Team about the survey and its findings.  In fact, we have
			begun the process of providing information about the purpose and
			scope of the project (see Jon Kurland’s e-mail); and,
			regular updates on progress with the survey will be provided as it
			moves to implementation and from implementation to analysis.  The
			results of the analysis will be presented to the Recovery Team as
			they become available. 
		 | 
	
	
		
			C 
		 | 
		
			…If NMFS does decide
			to move forward with the survey, CIRI asks that the Stakeholders
			Panel be provided a scope of work and information on the process
			and analysis to be used for review and comment prior conducting
			the survey, and the results of the survey prior to their general
			release. 
			… CIRI
			considers the [draft survey] form to be … disrespectful of
			the legally protected rights and interests of Alaska Native
			entities. To our knowledge, no effort has been made to develop the
			survey in consultation with affected Alaska Native entities, as
			required by federal law and policy. 
		 | 
	
	
		
			D 
		 | 
		
			…it is my
			understanding through the state’s ESA coordinator’s
			email to the recovery team that the state was not consulted on
			this effort. This is unacceptable. This survey, if ever conducted,
			must include the state of Alaska’s ESA coordinator in its
			development. 
		 | 
	
	
		
			 
			 
		 | 
		
			 
			 
		 | 
		
			 
			 
		 | 
	
	
		
			2. The research will not
			provide sufficient benefit to CIBW recovery, and funding for the
			survey should be redirected
			towards research and management activities more directly related
			to CIBW recovery 
		 | 
	
	
		
			ID 
		 | 
		
			Comment 
		 | 
		
			NMFS Response 
		 | 
	
	
		
			A 
		 | 
		
			…money
			that the Service would use to conduct and analyze the results of
			the survey would be better directed at more concrete conservation
			activities. 
		 | 
		
			Funding for the research
			was provided by NMFS Office of Science and Technology from a pool
			of funds earmarked exclusively for use in economic research and
			data collection.  It is not part of the Agency’s budget for
			recovery efforts.  These research funds were allocated for this
			survey, specifically to collect the data necessary to fill gaps in
			economic information regarding the non-consumptive benefits of
			protecting the Cook Inlet beluga whale.  Generally, funds
			allocated for economic research cannot be diverted for
			non-research activities (including to the Alaska Region’s
			operating funds for Cook Inlet beluga whale management
			activities).  Moreover, since a contract has been signed with a
			survey firm to conduct the survey, and funds obligated
			accordingly, cancellation of the survey will result in the funds
			being returned the U.S. Treasury, and NMFS will not have
			discretion over reallocating the funds to CIBW management or any
			other alternative purposes. 
			 
			 
			The
			research is intended to provide unbiased information about the
			value accruing to the U.S. public (including Alaska residents),
			associated with reducing the risk of extinction of CIBW and
			up-listing or recovering the species. The research, in itself,
			will not directly benefit CIBW recovery. However, by improving
			understanding of public preferences regarding resource management,
			this information will support improved decision making regarding
			allocation of federal funding and other scarce resources to
			management of protected species and other agency mandates, which
			may benefit CIBW and other species indirectly. Congress and
			Executive branch agencies face difficult decisions about how to
			allocate scarce funding. An understanding of the relative economic
			value of protecting different ESA-listed species may help
			determine where comparatively more effort should be placed to
			maximize the net benefits to the Nation, while simultaneously
			meeting the statutory requirements of the ESA, MMPA, and other
			relevant statutes and policies. 
			 
			 
			 
			Under
			the ESA, neither decisions regarding species’ listing
			status, critical habitat designation, or the mandate to recover
			species that are determined to be threatened or endangered, are
			subject to a strict benefit- cost test (also see the response to
			Comment Items 4 and 6 below). As such, the estimated benefit
			values provided by this study will not provide the sole basis on
			which any decision regarding CIBW recovery is determined. In
			designation of critical habitat and recovery plan development,
			consideration of costs is permitted and is essential to ensure
			cost effective actions are undertaken. However, application of the
			cost effectiveness framework to species recovery, as in all
			long-term planning activities involving uncertain outcomes, does
			not provide a single “cost-effective” solution for
			achieving a specific outcome. Rather, numerous cost effective
			solutions are identified, which are expected to achieve recovery,
			but with different degrees of uncertainty and with different
			outcomes in regard to the distribution of economic costs, as well
			as the timing, distribution, and nature of the benefit stream.  In
			this context, more economic information regarding the value of
			reducing uncertainty in recovery planning, through improved
			biological research and/or more extensive or restrictive recovery
			actions, may help to inform decision making in the allocation of
			budget and other resources to CIBW recovery efforts. 
			 
		 | 
	
	
		
			B 
		 | 
		
			…we
			do not believe that scarce federal resources should be expended on
			actions that will not benefit a species. 
		 | 
	
	
		
			C 
		 | 
		
			…the proposed
			economic survey is not a good use of recovery resources, and will
			not result in any benefit to the recovery process; 
			…The
			limited resources of the [Recovery Team] would best be focused on
			… determining what set of critical habitat areas is
			required to conserve the species and what special management
			considerations must be implemented to mitigate certain activities
			within that critical habitat. 
		 | 
	
	
		
			E 
		 | 
		
			… the
			monies would be better used… on additional biological or
			management research for belugas. 
		 | 
	
	
		
			 
			 
		 | 
		
			 
			 
		 | 
		
			 
			 
		 | 
	
	
		
			3. NMFS funding for the
			survey should be directed
			towards improved quantification of costs and benefits of CIBW
			conservation and recovery measures, exclusive of non-consumptive
			(or passive use) benefits associated with CIBW preservation 
		 | 
	
	
		
			ID 
		 | 
		
			Comment 
		 | 
		
			NMFS Response 
		 | 
	
	
		
			C 
		 | 
		
			…asks that NMFS
			focus its attention and resources on designing effective,
			comprehensive, and creative measures by which to achieve species
			recovery while simultaneously minimizing the economic costs and
			impacts on natural resource development in the region. 
		 | 
		
			This research is intended
			to address the principal limitation identified in the RIR analysis
			related to the lack of primary data that precludes a full
			quantitative accounting of the benefits and costs associated with
			designation of critical habitat for Cook Inlet beluga whales.  To
			the extent that improvements in the calculation of opportunity
			costs associated with resource development are warranted, such
			improvements are not limited by lack of primary data requiring
			research. As the funding for this research has already been
			allocated, additional efforts to further analyze costs of CIBW
			recovery actions are not limited by completion of this study, and
			would not be enhanced by cancellation of the research. 
		 | 
	
	
		
			E 
		 | 
		
			Alaska
			believes strongly that the 2010 RIR economic analysis produced for
			the critical habitat designation is deeply flawed, but the
			proposed study will add to, rather than resolve, the flaws in the
			RIR. 
			… the
			monies would be better used for more accurate research on the cost
			and benefits of designating critical habitat for belugas… 
		 | 
	
	
		
			 
			 
		 | 
		
			 
			 
		 | 
		
			 
			 
		 | 
	
	
		
			4. Survey should not be
			conducted prior to completion of Recovery Plan development 
		 | 
	
	
		
			ID 
		 | 
		
			Comment 
		 | 
		
			NMFS Response 
		 | 
	
	
		
			B 
		 | 
		
			…NMFS
			should wait on any decision regarding the proposed survey until
			the recovery plan is complete, to determine whether such a survey
			would aid in obtaining the recovery goals outlined in the plan...;
			NMFS provided a statement to the stakeholder panel of the Cook
			Inlet Beluga Recovery Team to clarify the intent behind the
			survey… this statement does not address… the need
			for such a survey before the recovery plan is complete. 
		 | 
		
			Rigorous stated preference
			economic surveys take time to develop, test, and implement,
			particularly ones conducted by federal government agencies, often
			requiring several years to complete.  Time is also required to
			ensure the quality of the data and to conduct the data analysis. 
			 
			 
			 
			Moreover,
			the survey has been designed to provide estimates of
			non-consumptive benefits of CIBW recovery, in terms of the
			tradeoff between risk of extinction and cost of recovery efforts
			to reduce this risk. Thus, it does not rely on the description of
			any specific recovery actions in the estimation of the economic
			benefit function. Because of the time required to fully develop
			and test surveys of this type, as well as the time required to
			navigate the administrative approval process under the Paperwork
			Reduction Act, the survey has been designed this way to ensure
			that the results are generally applicable in future stages of Cook
			Inlet beluga whale recovery plan development and implementation,
			rather than being limited in application to a specific recovery
			plan specification. 
			 
			 
			For
			these reasons, we disagree that it is necessary or appropriate to
			delay the research pending completion of Recovery Plan
			development. 
		 | 
	
	
		
			D 
		 | 
		
			… I assume this
			survey therefore will make reference to potential recommendations
			from a recovery team that would go “beyond the current
			levels” of protection, otherwise who would they be coming
			from? As our team’s recommendations are not finalized, I
			think it is inappropriate for NMFS to be conducting this survey. I
			believe the recovery team’s efforts will be impacted by
			whatever data comes from this survey, as nebulous as these results
			will be, and subsequently will prejudice our process. 
		 | 
	
	
		
			 
			 
		 | 
		
			 
			 
		 | 
		
			 
			 
		 | 
	
	
		
			5. The Federal Register
			notice and survey questionnaire indicate that NMFS is considering
			additional conservation measures for CIBW, outside of the Recovery
			Plan process and consultation with the State of Alaska/ADF&G 
		 | 
	
	
		
			ID 
		 | 
		
			Comment 
		 | 
		
			NMFS Response 
		 | 
	
	
		
			B 
		 | 
		
			…given
			the statutory and regulatory protections already in place for the
			Cook Inlet beluga whale, it is hard to understand what “additional
			protection, beyond current levels” NMFS is contemplating,
			and why this would be occurring outside of the recovery planning
			process, another ESA mandate; 
			… Recovery
			Team is …finishing the recovery plan for the beluga…
			to provide recommendations on recovery measures and goals and
			these will be included in the recovery plan as required by the ESA
			and associated regulations. Is NMFS already in the process of
			evaluating “alternative measures” even though no
			recovery measures have been identified yet? … the language
			in the notice seems to suggest that NMFS is considering additional
			critical habitat. 
		 | 
		
			We have acknowledged our
			failure to accurately and appropriately characterize the research
			study in the Federal Register Notice and regret the concerns that
			it raised. The text of the survey and the conduct of this research
			are separate from, and do not indicate any management initiative
			regarding CIBW outside of the recovery plan development process.
			Although the survey discusses a range of potential conservation
			measures in general terms, as noted above, the survey does not
			rely on the description of any specific recovery actions in the
			estimation of economic benefits, or whether such actions are taken
			by NMFS, the State of Alaska, or other entities. Any perception
			that the survey is evidence that NMFS is pursuing conservation
			measures for CIBW independent of the ongoing consultative process
			with the State of Alaska and the Recovery Team is incorrect. 
			 
			 
			 
			As
			stated in the March 5, 2012 letter to the CIBW Recovery Team from
			Jon Kurland, NMFS Alaska Assistant Regional Administrator for
			Protected Resources, “Even
			though Critical Habitat has already been designated, the results
			from this survey should be useful to NMFS and the public in the
			future as we consider various recovery actions under the CIB
			recovery plan that you are helping to develop.  We hope to
			have the results from this survey by spring of 2013, and will keep
			you posted.  NMFS is not contemplating any CIB protection measures
			outside the context of the recovery planning process.  The
			information from this survey will inform future decisions
			regarding the need for any actions identified via the recovery
			plan.  Any regulatory actions would include analyses of costs
			and benefits, as well as opportunities for public input.  NMFS is
			committed to working with you all to consider appropriate actions
			to include in a CIB recovery plan.  Unfortunately, this
			Federal Register notice did not provide much context, and we did
			not do a good enough job of explaining to you all what we were
			doing or why.  We will strive to do better in the future.” 
		 | 
	
	
		
			E 
		 | 
		
			…Notice
			indicates that these preferences are “needed to assist in
			the evaluation of alternative measures to further protect and
			recover the species’ population, such as in the evaluation
			of critical habitat designations.” 
			…appears
			that the proposed survey may create “preferences” to
			support a predetermined outcome that will result in additional
			protections for belugas. 
		 | 
	
	
		
			 
			 
		 | 
		
			 
			 
		 | 
		
			 
			 
		 | 
	
	
		
			6. Quantification of
			passive use/non-consumptive benefits is not relevant to CIBW
			recovery planning under ESA, MMPA, or other relevant legal
			mandates 
		 | 
	
	
		
			ID 
		 | 
		
			Comment 
		 | 
		
			NMFS Response 
		 | 
	
	
		
			C 
		 | 
		
			…First, the value of
			the Cook Inlet beluga whales is not being contested…
			unclear how NMFS and the Recovery Team may alter their decisions
			and behavior depending on how the whales are valued. In fact, it
			would be an improper metric for NMFS to set the species’
			population recovery goal at the point where the marginal cost of
			preserving a single whale equals the marginal benefit. Under the
			ESA, NMFS must provide critical habitat and protection that will
			conserve the species… to achieve the mandate of species
			recovery by balancing the benefits of various recovery measures
			with the economic costs imposed by their implementation. 
			…In
			order to …recover the [CIBW] while minimizing the
			associated costs to society, NMFS and the Recovery Team must make
			judgments about which habitat segments contain particular
			biological contributions, and the extent to which human activities
			may affect those contributions… ultimately an exercise in
			cost effectiveness, with the numerator of the balancing equation
			fixed at species conservation. 
		 | 
		
			NMFS agrees that it would
			be improper to set the species’ population recovery goal
			where marginal cost equals marginal benefit.  The Agency has not
			indicated any intention to do so.  NMFS also agrees with the
			comment that, “NMFS must…achieve the mandate of
			species recovery by balancing the benefits
			of various recovery measures with the economic costs…”
			(emphasis
			added).  This clearly requires
			the Agency to acquire necessary information with which to evaluate
			benefits and costs. 
			 
			 
			NMFS
			disagrees, however, with the premise that “NMFS and the
			Recovery Team may alter their decisions and behavior, depending on
			how the (research survey suggests) whales are valued.”  As
			previously explained, the subject survey is part of an economic
			research
			project, not directly associated with the ESA listing, CHD, or
			CIBW recovery planning process.  The ESA listing and CHD have been
			completed, and cannot benefit from the results of this research
			study, expected in 2013.  Had the research results been available
			prior to the CIBW CHD, they may have contributed to additional
			monetized or quantitative measurement of the attributable impacts
			of that action.  This would have been completely consistent with
			prevailing policy and applicable law.  Under provisions of the
			ESA, as well as Executive Order 12866 and the Regulatory
			Flexibility Act, a comprehensive evaluation of all costs and all
			benefits attributable to a proposed Federal action must, to the
			extent practicable, be prepared prior to adopting such action. 
			These estimates are to be based upon the best available scientific
			data and commercial information. 
			 
			 
			E.O.
			12866, states (in relevant part), an analysis of all benefits and
			all costs (including, potential economic, environmental, public
			health and safety, and other advantages; distributional impacts;
			and equity) shall be prepared in conjunction with a Federal
			Regulatory action. 
			 
			 
			 
			OMB
			Circular A-4 (September 17, 2003) states that for all major
			rulemaking, a ‘Benefit/Cost’ framework is required. 
			All costs and all benefits should be monetized to the extent that
			useful estimates can be made.  OMB further directs that, even when
			a benefit or cost cannot be expressed in monetary units, one
			should still try to measure it in terms of its physical units.  If
			it is not possible to measure the physical units, one should still
			describe the benefit or cost qualitatively.  In unusual cases,
			where no quantified information on benefits, costs, and
			effectiveness can be produced, the regulatory analysis should
			present a qualitative discussion of the issues and evidence. 
			 
			 
			 
			From
			the foregoing, it is evident that the Agency is required, by law
			and regulation, to acquire data, conduct research, and prepare
			comprehensive benefit/cost analyses in support of all major
			regulatory actions, such as ESA designation of critical habitat
			for the listed Cook Inlet beluga whale.  As such, “…
			collection
			of information is
			necessary for the proper performance of the functions of the
			agency…”, despite the assertion to the contrary by
			the commentor. 
		 | 
	
	
		
			E 
		 | 
		
			… State
			of Alaska does not believe that the proposed collection of
			information is necessary for the proper performance of the
			functions of the agency, nor will the information have any
			practical utility for resolving issues regarding the Cook Inlet
			beluga DPS. 
		 | 
	
	
	
	
	
		
			7. Quantification of
			passive use/non-consumptive benefits in general employs
			scientifically unsound methods and the results are not reliable
			for use in comparison to costs of CIBW recovery measures 
		 | 
	
	
		
			ID 
		 | 
		
			Comment 
		 | 
		
			NMFS Response 
			 
		 | 
	
	
		
			C 
		 | 
		
			These non-market valuation
			techniques are relatively recent developments in economic
			literature and still in need of testing and refinement. For
			example, there is often a considerable difference between what a
			person says they might be willing to pay in a survey, and what
			they are actually willing to contribute from their household
			budget. The numbers resulting from this theoretical tool are not a
			reliable or consistent indicator that should be used to set
			national policy and balance large costs to be incurred by society. 
			…Real
			and measurable numbers, such as the costs to natural resource
			development associated with various recovery measures, are
			necessary to include in the Recovery Plan process; theoretical
			assessments of the social worth of a species are not. When these
			two sets of numbers are combined in a single analysis, the result
			is the appearance of benefit estimates that are equally reliable
			and comparable to costs. The result is the inappropriate
			minimization of the very real, and often avoidable, costs
			associated with species recovery. 
		 | 
		
			Empirical applications of
			non-market valuation techniques, particularly stated preference
			methods like those employed in this survey, have been used
			extensively for over 40 years to value recreation sites,
			environmental quality, non-use benefits of resource conservation,
			and other non-market goods. A recent estimate indicates that over
			7,500 studies have been conducted using the most common stated
			preference method, contingent valuation, in over 130 countries
			(Carson 2011). Over the past 40 years, methods have been
			substantially refined to address potential biases associated with
			the method (some of which are referenced in the comments), among
			other advances.  Use of stated preference methods in damage
			assessment related to non-market goods was considered and upheld
			by U.S. courts in 1989 (Ohio
			vs. Department of Interior),
			and was the subject of a Blue Ribbon review commissioned by NOAA
			in 1993 following the Exxon Valdez oil spill. The review concluded
			that stated preference methods can provide reliable estimates when
			employing methodological best practices, which were identified in
			the review. 
			 
			 
			 
			Over
			nearly twenty years since the NOAA panel issued its findings,
			considerable research has been done to further improve stated
			preference methods, including the manner in which the questions
			themselves are asked, how the data are analyzed, and methods for
			minimizing potential biases (e.g., see Carson, Flores, and Meade
			2001). The specific stated preference method used in this survey,
			stated preference choice experiments (SPCE), has been used
			extensively in economic applications in transportation and
			marketing (Louviere 1993, Polak and Jones 1997, Louviere, Hensher,
			and Swait 2000). Because the method has several advantages over
			the contingent valuation approaches frequently used at the time of
			the NOAA panel’s review (see Alpizar et al. 2001), SPCE has
			been increasingly used in environmental economics applications. 
			 
			 
			While
			there are controversies related to stated preference methods, the
			considerable literature suggests that, when developed properly and
			rigorously, these methods can provide useful information.  One
			survey technique that has been consistently shown to be effective
			in the literature in minimizing “hypothetical bias”
			(respondents’ tendency to overstate how much they would be
			willing to pay) is to include reminders of substitute goods and
			the household’s own scarce budget.  The survey design
			incorporates several mentions of other public goods that the
			respondents may care about and want to spend money on (e.g., other
			social issues, other species), and reminders that the money they
			say they would be willing to pay comes from their pocketbooks and
			would not be available to spend on other things. In focus group
			review and interviews, subjects indicated that their responses in
			the survey valuation questions were constrained by recognition
			their budget constraint and spending priorities. 
		 | 
	
	
		
			E 
		 | 
		
			…the
			proposed economic survey adds nothing of value to the discussion
			of economic costs and benefits. It is based on a flawed,
			controversial economic survey theory that may be of theoretical
			interest to economists but does not inform the cost/benefit
			analysis required for the beluga critical habitat designation….
			Studies such as this are controversial for several reasons: First,
			they ask respondents to state a preference based on a hypothetical
			situation that may not accurately represent reality. Second, when
			respondents are unfamiliar with the goods they are asked to value,
			preference surveys tend to create,
			rather
			than accurately measure, preference values for active and passive
			uses. And third, preference surveys used to value goods that are
			not traded in markets lack any “external validity”
			check. 
		 |