NATIONAL PARK SERVICE

MORNING REPORT


Wednesday, January 31, 2007


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INCIDENTS


Glacier Bay NP

Cruise Line Pleads Guilty In Death Of Whale


On Monday, January 29th, Princess Cruise Lines pled guilty in U.S. District Court in Anchorage to a charge of knowingly failing to operate its vessel, the Dawn Princess, at a slow, safe speed in the summer of 2001 while near two humpback whales in the area of Glacier Bay National Park. The bloated carcass of a pregnant whale was found four days after the Princess ship sailed through the park. It had died of massive blunt trauma injuries to the right side of the head, including a fractured skull, eye socket and cervical vertebrae, all consistent with a vessel collision. The whale was identified from fluke markings as “Whale #68,” which had been sighted many times in the past and was known to have frequented the area for at least 25 years. Pursuant to a plea agreement, Princess was sentenced to pay a $200,000 fine and to contribute $550,000 to the National Park Foundation as a form of community service. The funding will support marine mammal research in the park. In this first-of-its-kind prosecution, prosecutors from the U.S. Attorney's Office and the Environmental Crimes Section of the Department of Justice, along with special agents and investigators from the National Park Service and National Oceanic and Atmospheric Administration, engaged in a thorough and detailed investigation, often with the assistance and cooperation of Princess. “As well as being a majestic and endangered species, the humpback whale is also a public symbol of Glacier Bay,” said superintendent Tomie Lee. “Protection of these resources is of paramount importance to us. So when we began to hear witness reports of a cruise-ship colliding with a whale, then learned that this particular whale, whom researchers had first identified in 1975 and nicknamed ‘Snow' because of her fluke markings, died of injuries consistent with a ship-strike, we began a dialogue with Princess and the U.S. Attorney's Office, and proceeded diligently with our investigation, so we could be sure to get things right. While these kinds of criminal convictions can result in a loss of federal contracts to service visitors in a national park, in this case we feel Princess has stepped up and made significant, voluntary operational changes that protect whales and the marine environment. We are pleased that this incident is behind us and that they will continue to offer cruises in Glacier Bay.” The unlawful taking (killing) of humpback whales is prohibited by both the Endangered Species Act and the Marine Mammal Protection Act. The “slow, safe speed” regulation, under which this case was charged, was implemented in 2001 to support the “anti-taking” provisions of the two laws. Thus, a knowing failure to maintain a “slow, safe speed” when near humpback whales constitutes a violation of the Endangered Species Act and Marine Mammal Protection Act and carries the identical penalties of the taking violation. Such conduct is a federal Class A misdemeanor violation of law, punishable (for a corporation) by a fine of up to $200,000, restitution in an amount to be determined by the court, and up to five years probation (a person who violates this law is also subject to imprisonment for up to one year). [Nelson Cohen, United States Attorney for Alaska]


OTHER NEWS


Other news from today's edition of InsideNPS, the National Park Service's home page:


WASO Interpretation and Education - On January 26th, Director Bomar transmitted a memorandum entitled “National Park Service Interpretation and Education Renaissance Action Plan" to all employees. The full text of that memo, together with a link to both the action plan and associated business plan, is included within.


National Partnership Office - The National Park Service, Forest Service, Fish and Wildlife Service and Bureau of Land Management have signed an historic MOU enabling all four agencies to effectively share resources, re-delegate authorities, duties and responsibilities and generally simplify the reimbursable process.


Golden Gate NRA - Lee Shenk took the plunge on December 29th. A retirement party is planned for February 2nd at the Presidio.


Tonto NM - Lupe Carrasco, administrative officer at Tonto National Monument for the past ten years, has announced that she will retire on February 16th with more than 39 years of federal service.


Southeast Region - SERO has an opening for a GS-1101-12/13 concessions management analyst.


Southeast Region - The person selected for this position will serve as the chief of Southeast Region's concessions management program. Note: This is a re-advertisement. Candidates who applied under the previous announcement (SESO-06-101) must reapply to receive consideration.


To link to InsideNPS, click on HYPERLINK "http://inside.nps.gov/" http://inside.nps.gov/


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Prepared by Visitor and Resource Protection, WASO, with the cooperation and support of Delaware Water Gap NRA.


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